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Item C03 C.3 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting May 17, 2023 Agenda Item Number: C.3 Agenda Item Summary #11874 BULK ITEM: Yes DEPARTMENT: Engineering/Roads TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 8527173 N/A AGENDA ITEM WORDING: Approval of Amendment 2 to task order with WSP USA, INC. for engineering design and permitting services for the Key Largo III Roadway and Drainage Improvement Project(Burton Drive and specified roads in the Harris Ocean subdivisions). This task order is being amended for value engineering design modifications and to address Florida Department of Transportation (FDOT) grant requirements in the maximum not to exceed amount of $26,365.52 for a revised total contract amount of$382,420.23. ITEM BACKGROUND: Amendment Two adds services to revise the design based on value engineering of the drainage and pavement requirements. As a result of Amendment One additional geotechnical testing, a mill and resurface rehabilitation method is being utilized rather than reconstructing several roads since the base is in adequate condition. Further evaluation of stormwater management resulted in the use of Swale treatments where possible and reduced the number of drainage structures based on the South Florida Water Management District 5 year-24-hour storm event model. The design also considers sea level rise data and Amendment 2 adds the Florida Statute 161.551 FDEP Sea Level Impact Projection Study which is required when a public construction project is within the coastal building zone and is using state funds. Amendment 2 also adds FDOT Small County Outreach Program (SLOP) grant project administration and grant closeout requirements. The construction phase of the project is partially funded by an FDOT Small County Outreach Program (SLOP) grant and is programmed in the 2024/2025 FDOT Work Program. The project was included in the 2014 Monroe County Road Improvement Program. PREVIOUS RELEVANT BOCC ACTION: April 15, 2020 - The BOCC approved Amendment 1 to task order with WSP USA, INC. for engineering design and permitting services for Key Largo III Roadway and Drainage Improvement Project to add geotechnical tests on Burton Drive in the lump sum amount of $6,960 for a revised contract amount of$356,054.71. May 22, 2019 — The BOCC approved the task order with WSP USA, INC. for engineering design and permitting services for Key Largo III Roadway and Drainage Improvement Project in the Packet Pg. 85 C.3 maximum not to exceed amount of$349,094.71. January 17, 2018 — The BOCC approved On Call Engineering Services Contracts with 9 firms: CSA Central, EAC Consulting, HDR Engineering, Keith & Schnars (now KCI Technologies, Inc), Kisinger Campo, Mathews Consulting, RS&H Inc, TY Lin International and WSP USA, INC. March 20, 2013 — The BOCC approved a contract with IMS Infrastructure Management Services for asphalt pavement analysis on County roads. CONTRACT/AGREEMENT CHANGES: Value engineering and FDOT comments revisions in the amount of$26,365.52 STAFF RECOMMENDATION: Approval of amendment two to task order for Key Largo III Roadway and Drainage Improvement Project engineering design and permitting services. DOCUMENTATION: Amendment 2 WSP USA Task Order KLIII-compiled Amendment 1 and On Call Contract WSP USA Inc. EXECUTED-Key Largo III Roadway & Drainage Improvement Project-052219 WSP USA Inc. - EXEC - 1-17-18 FINANCIAL IMPACT: Effective Date: April 19, 2023 Expiration Date: 30 days after construction final acceptance Total Dollar Value of Contract: Amendment 2 $26,365.52 Total Cost to County: $26,365.52 Current Year Portion: $26,365.52 Budgeted: yes Source of Funds: 102 —22567 KLIII CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: Insurance Required: yes Additional Details: Total Contract revised from $356,054.71 to $382,420.23. 04/19/23 NEW COST CENTER ADDED $26,365.52 22567 - Key Largo III REVIEWED BY: Judith Clarke Completed 04/27/2023 1:15 PM Christine Limbert Completed 04/27/2023 2:03 PM Purchasing Completed 04/27/2023 3:31 PM Packet Pg. 86 C.3 Budget and Finance Completed 04/27/2023 3:42 PM Brian Bradley Completed 04/28/2023 2:26 PM Lindsey Ballard Completed 05/02/2023 9:24 AM Board of County Commissioners Pending 05/17/2023 9:00 AM Packet Pg. 87 C.3.a S AMENDMENT 2 TO TASK ORDER FOR ON CALL 0 PROFESSIONAL DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY AND WSP USA, INC. FOR KEY LARGO III ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT 0 In accordance with the Continuing Contract for On Call Professional Engineering c, Services made and entered on the 17th day of January 2018 between Monroe County hereinafter referred to as the "County" and WSP USA, INC. hereinafter referred to as "Consultant". All terms and conditions of the referenced Contract for On Call Professional Engineering Services apply to the Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. WHEREAS Amendment 1 was executed by both parties on April 15, 2020, and added Standard Penetration Test (SPT) borings, coring and Dynamic Cone Penetration (DCP) tests to obtain California Bearing Ratio (CBR) Values for Burton Drive in the lump sum amount of$6,960.00; revising the total contract amount to $356,054.71; and N WHEREAS this Amendment 2 adds FDEP SLIP study, revises drainage and roadway E design, and FDOT SCOP grant requirements. E Amend Article II, Scope of Basic Services Paragraph 2.1 to include additional design 4- tasks as follows and per Attachment A: 0 Prepare FDEP Sea Level Impact Protection (SLIP) Study Prepare and provide updated drainage report for a 5-year storm event including: • Updated Exfiltration Trench Calculations E • Update Drainage Report • Update Calculations for Water Quality & Quantity (Man-hour estimate does not include efforts beyond above identified storm event) Prepare and provide IFC roadway and drainage plans including the following revisions: -199 • Remove trench drains in plans. • Remove/adjust catch basins and french drains in plans and tabulation based on drainage calculations. • Update drainage maps. Attend up to (2) meetings with the County including one (1) site visit. N E Tasks also include February 17, 2023, County and FDOT comments response/revisions. SFWMD permitting is in the original contract tasks. E E Amendment 2 Key Largo III Roadway and Drainage Improvement Project WSP USA, INC. May 17,2023 age 11 Packet Pg. 88 C.3.a S Amend Article VII Compensation, Paragraph 7.1 - the table below contains the estimated 0 hours/costs for these tasks: ROADWAY DESIGN EFFORTS 0 U Job Function Estimated Hours Hourly Rate Maximum Not to Exceed WSP Project 10 $ 197.86 $ 1,978.60 Manager WSP Project 30 $ 156.11 $4,683.30 Engineer WSP Sr 20 $ 316.15 $6,323.00 Drainage Engineer -119 U) Subtotal $ 12,984.90 M DRAINAGE DESIGN EFFORTS 0 c14 Job Function Estimated Hours Hourly Rate Maximum Not to Exceed WSP Project 12 $ 197.86 $2,374.32 Manager E WSP Project 30 $ 156.11 $4,683.30 4— Engineer WSP Sr 20 $ 316.15 $ 6,323.00 Drainage CL CL Engineer Subtotal $ 13,380.62 Maximum Not to Exceed Total Amount $26,365.52 Revised Total Contract Amount $382,420.23 Add On Call Contract Article VII Compensation paragraph 7.1.2 as follows: The individual itemized task amounts are estimates and may be adjusted as needed with prior approval by the County Engineer as long as the Total Contract Amount of$382,420.23 is not exceeded. The original Task Order was effective on the 22nd Day of May 2019, amended on April 15, 2020, and as amended here effective May 17, 2023. E E E Amendment 2 Key Largo III Roadway and Drainage Improvement Project WSP USA, INC. May 17,2023 «age 2 Packet Pg. 89 C.3.a U) IN WITNESS WHEREOF, each party caused the Amendment 2 to Task Order to be 0 executed by its duly authorized representative. Z Consultant Witness: WSP USA, INC. 04/24/23 04/24/23 Signature Date Signare Date 0 Florida District Water Business Leader Judeen Johnson C14 Title 0 E 4- 0 76 0 CL CL Monroe County Board of County Commissioners Seal Attest: Kevin Madok, Clerk E 0 U By: By: Mayor As Deputy Clerk Date: Date: U) MONROE COUNTY ATTORNEY CL '� 'tAC ftf�U.k:L'J ASTCd Et7}C R: CHRISITNF➢IMBi R'K•F3ARR,OWS ASSISTANT COUNTY ATTORNEY N DATE...---4/24[23................ , E E E Amendment 2 Key Largo III Roadway and Drainage Improvement Project WSP USA, INC. May 17,2023 «age 3 Packet Pg. 90 C.3.a U) WSP USA INC. SECRETARY'S CERTIFICATE 0 U I, Hillary F. Jassey, Secretary of WSP USA Inc. (the "Corporation"), do hereby certify on behalf of the Corporation and not in my individual capacity that on August 4, 2020, the Board of Directors of the Corporation adopted the following resolution: -119 U) "RESOLVED, that parties authorized by the Delegation of Authority 0 N may sign RFPs, RFQs and any resulting project contracts or a� amendments in accordance with the Delegation of Authority." E 4- 0 I further certify that the resolution has not been revoked and that, as Vice President, 0 CL CL Florida District Water Business Leader of the Corporation, Werner Reinefeld,PE is authorized by the Delegation of Authority to sign Amendment 2 to Task Order for On Call ProfessionalCL E 0 Design and Permitting Services for the Key Largo III Roadway and Drainage Improvements 2. Project between Monroe County and the Corporation. Hill �dT J-ssey� cre ary N April 25, 2023 Date E E c� Packet Pg. 91 ATTACHMENT A 0 u z U) 0 C14 9= 0) E E 4- 0 0 CL CL E 0 u 0 -ldc U) CL CN a 0 E E Packet Pg. 92 C.3.a U) Key Largo III Roadway and Drainage Improvement Project 0 Project No. 188899-01 U t3 April 11,2023 d Debra London,CPPB,FCCM,MBA Engineering Service—Project Manager 2 Monroe County Annex ° 88800 Overseas Hwy,2nd Floor Suite 5 Plantation Key,FL 33070 -119 Subject: Key Largo III Roadway and Drainage Improvement Project Drainage Design Revision 0 N Dear Ms.London, Per County's request,this proposal outlines the design effort to complete the Key Largo III Roadway and Drainage Improvement project. WSP was asked to revise the drainage design,per mark-ups sent to WSP on 8/3/2020 by Ms.London via email as well as subsequent meetings.The < requested changes entailed removing catch basins and french drain structures and revising the 0 roadway design as necessary.WSP had prepared a revised 90%submittal incorporating the requested changes and prepared an updated OPC at the County request submitted on March 30, CL 2022. Additionally,the Drainage Report/Calcs had been completed for original 90%Design and a� Construction Drawings;however,Drainage quantities were re-calculated during the 90%Redesign (2022).Drainage Report had not been updated,pending 90%Redesign review/feedback from 0 County.Additional Fees for Redesign had not been discussed at the time due to changes in Project Management staff and the requested quick turnaround time,making production/delivery the top priority. To accommodate the additional design effort already provided as well as the remaining level of effort,WSP herein provides an estimate for the following services for the drainage design and U) coordination with the County,as described below. WSP shall: - Attend up to(2)meetings with the County including one(1)site visit - Prepare and provide updated drainage report for a 5-year storm event including: c14 o Updated Exfiltration Trench Calculations o Update Drainage Report E VVSF,USA Su Ho 300 /C 150 t;orpoi ifs*Gonke r Drivo d2 ili uni, h"L.331�6 E U T I i 1 0 151i9-3'100 ``x .y.'1 015 >C7'1-1,W 315 wsp com Packet Pg. 93 C.3.a U) o Update Calculations for Water Quality&Quantity Man-hour estimate does not include efforts beyond above identified storm event. U Prepare and provide roadway and drainage plans including the following revisions: d o Remove trench drains in plans o Remove/adjust catch basins and french drains in plans and tabulation based on drainage calculations o Update drainage maps Conduct& Submit Sea-Level Impact Projection(SLIP) Study Project begins 100' away from R/W of US I;however,responses to FDOT's Comments and additional information for SLOP grant funding shall be provided. 0 Table 1 below contains the estimated cost for this task. A breakdown is provided of the estimation of the effort required to complete the scope of work. u® 0 cN ROADWAY DESIGN EFFORTS CONSULTANT E HRS RATE COST WSP Project Manager 10 $ 197.86 $ 1,978.60 WSP Project Engineer 30 $ 156.11 $ 4,683.30 WSP Sr Drainage Engineer 20 $ 316.15 $ 6,323.00 0 TOTAL $ 12,984.90 > 0 L_ CL CL DRAINAGE DESIGN EFFORTS CONSULTANT HRS RATE COST WSP Project Manager 12 $ 197.86 $ 2,374.32 WSP Project Engineer 30 $ 156.11 $ 4,683.30 E WSP Sr Drainage Engineer 20 $ 316.15 $ 6,323.00 TOTAL $ 13,380.62 TOTAL ESTIMATE: $ 26,365.52 Should you have any question,please do not hesitate to contact me. 19 Sincerely, ._ c14 a� Freddy Mena Werner Reinefeld,PE Project Manager Vice-President Florida District Water Business 0 Leader E FJM WR Cc:File E c5 Packet Pg. 94 n8/2023 C.3.a A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE.' BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ cm REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Arthur J. Gallagher Risk Management Services, LLC PHONE FAX - 300 Madison Avenue, 28th Floor A/C No Ext: 212-994-7100 A/c,No):212-994-7047 E-MAIL U New York NY 10017 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# License#:BR-724491 INSURERA:Zurich American Insurance Company 16535 INSURED WSPGLOB-01 INSURER B: Liberty Insurance Corporation 42404 CL WSP USA Inc. One Penn Plaza INSURERC: New York, NY 10119 INSURERD: INSURER E: , INSURER F: COVERAGES CERTIFICATE NUMBER:1332555755 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS 0 LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y GLO 9835819-10 5/1/2023 5/1/2024 EACH OCCURRENCE $3,500,000 N DAMAGE TO RENTED ' CLAIMS-MADE OCCUR PREMISES Ea occurrence $3,500,000 � MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $3,500,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $7,000,000 POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $4,000,000 X JECT 4— OTHER: $ O B AUTOMOBILE LIABILITY Y AS7-621-094060-033 5/1/2023 5/1/2024 COMBINED SINGLE LIMIT $5,000,000 (� Ea accident > X ANY AUTO BODILY INJURY(Per person) $ 0 OWNED SCHEDULED BODILY INJURY(Per accident) $ CL AUTOS ONLY AUTOS CL HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ CL n EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ C5 g WORKERS COMPENSATION WA7-62D-094060-013 5/1/2023 5/1/2024 X PER OTH- B AND EMPLOYERS'LIABILITY Y/N WA7-62D-095609-073 5/1/2023 5/1/2024 STATUTE ER B ANYPROPRIETOR/PARTNER/EXECUTIVE WC7-621-094060-913 5/1/2023 5/1/2024 E.L.EACH ACCIDENT $2,000,000 OFFICE R/M EMBER EXCLUDED? � N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 U) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) THIRTY(30)DAYS NOTICE OF CANCELLATION. LO RE: Project#: 193618 1 Monroe County On Call Professional Engineering Services. CL Monroe County BOCC is an Additional Insured as respects General Liability and Auto Liability policies,pursuant to and subject to the policy's terms,definition LO conditions and exclusions.The insurance provided in the General Liability policy is primary and any other insurance shall be excess only,and not contributing CN u 2 2 2 CERTIFICATE HOLDER CANCELLATION E APPROVED BY RISK MANAGEMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II .. BY=nz ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC DATE 4/2R/2O23 1100 Simonton Street Key West FL 33040 AUTHORIZED REPRESENTATIVE WAIVER N/A YES_ <S ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 95 FDA�TE C.3.a ACORD® CERTIFICATE OF LIABILITY INSURANCE 10/25/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ cm REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTNAME: AJG Service Team Arthur J. Gallagher Risk Management Services, Inc PHONE FAX - 300 Madison Avenue A/C No Ext: 212-981-2485 vc,No:212-994-7074 E-M28th Floor ADDRESS: GGB.WSPUS.CertRequests@ajg.com New York NY 10017 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: QBE Specialty Insurance Company 11515 INSURED WSPGLOB-01 INSURER B WSP USA INC. One Penn Plaza INSURERC: New York, NY 10119 INSURERD: INSURER E: , INSURER F: COVERAGES CERTIFICATE NUMBER:37681900 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS 0 LTR INSD WVD POLICY NUMBER MM/DD MM/DD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ N DAMAGE TO RENTED ' CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ O AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ 0 OWNED SCHEDULED �"' BODILY INJURY(Per accident) $ CL AUTOS ONLY AUTOS "i IrkCL HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY I ""��. - Per accident) $ $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE -I ^—�F`�'" �• AGGREGATE $ nCL WANN tkX DED RETENTION$ $ �Oj WORKERS COMPENSATION P L o l y PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICE R/M EMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability QPL0022630 11/1/2022 10/31/2023 Per Claim $1,000,000 CLAIMS-MADE Aggregate $3,000,000 U) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) THIRTY(30)DAYS NOTICE OF CANCELLATION LO RE: Project#: 193618 1 Monroe County On Call Professional Engineering Services CN E CERTIFICATE HOLDER CANCELLATION E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 -- @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 96 C.3.b AMENDMENT 1 TO TASK ORDER FOR ON CALL PROFESSIONAL DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY AND WSP USA, INC. FOR KEY LARGO III ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT 0 U In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 17th day of January 2018 between Monroe County hereinafter referred to as the "County" and WSP USA INC. hereinafter referred to as "Consultant" where design services are allowed if construction costs do not exceed $2,000,000. All terms and conditions of the referenced Contract For On Call Professional Engineering Services apply to the Task Order, unless the Task Order modifies an Article of the Agreement of which will be specifically referenced in this Task Order and the modification shall be precisely described. -119 U) The Task Order, which was effective on the 22nd Day of May 2019, is being amended e as follows: cN Article VII, Paragraph 7.1 is amended to include additional Professional Subconsultant Services (Terracon geotechnical services)for Burton Drive, Key Largo as follows: Add Standard Penetration Test(SPT) borings, coring and Dynamic Cone Penetration - (DCP)tests to obtain California Bearing Ratio (CBR)Values 1} 5 -SPT Borings to a depth of 2 feet{total 10 feet} 2} 10- DCP test to obtain CSR's values along the proposed road improvements Base and Subbase at 5 locations 3} 5-Asphalt cores Professional Subconsultant lump sum amount $6,960.00 Revised Total Contract Amount $356,054.71 Add Paragraph 7.1.2 as follows: The individual itemized task amounts are estimates and may be adjusted as needed with prior approval by the County Engineer as long as the Total Contract E Amount of$356,054.71 is not exceeded. U IN WITNESS WHEREOF, each party caused the Amendment 1 to Task Order to be executed by its duly authorized representative. c) a Consultant Witness: WSP USA INC. Andres Cardona a 1111v r9Ma by Rp+ M - Colaa,PE,SI 2020.03.26 15:45:11 , -"�o WS N'.PE 81 3126/20 -04'00' 3/26/20 4/ email=Fdonald.ColaBuan.com E won:2o2n.o3.a�ia:9e:�s�on•oa Signature Date Signature Date Vice President- Senior Area Manager South Florida Region-The Caribbean E Title Amendment 3 Key Largo III Roadway and Drainage Improvement Project WSP USA,INC. April 3 5,2020 Packet Pg. 97 C.3.b (SEAL•) s BOARD OF COUNTY COMMISSIONERS Attest: WO Madok, Clerk OF MONROE COUNTY, FLORIDA u B B Y- Y• As Deputy Clerk Mayor/Chairman Date: rr MONpROEE COLWrV A9TOPMY ��H_►ulinoei`i;.6 TrN--Yr CH R1ST ME L1MRrRT•RARROW S A5515TANT Ln 1'Y A ORNEY PA,_ 8) 0 t'J 0) E E 4- 0 0 CL CL CL "< � 2+ Q .;7j C E E Amendment I Key Largo III Roadway and Drainage Improvement Project WSP USA,INC. April 15,2020 Pa- r 12 Packet Pg. 98 C.3.b A`� O CERTIFICATE ❑F LIABILITY INSURANCE °"101311 " THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.TENS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: 11 the certl8este holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on 0 this certificate does not confer rights to the certificate holder In Mau of such andorsement(s). U PRODUCER • AJG Service Team RO Arthur J.Galagher Risk Management Services, Inc. PNOIe 250 Park Avenue,5th Floor 212-9s1 495 „d r21Y 994 7fl74 New York NY 10177 E.rArL GG9.Y1r5P1JS.CrrtRequestsQ*g.eom LO INSURZIRrIll AFFORDING COVERAGE NAIC/ CL INSURER A:OBE SpeciaIty Insurance Company 11515 LO INSIIRIED INSURER : WSP USA Inc, One Penn Plaza ersuRJ R C. New York,IVY 10119 eISUR$R 6: INSURER F: COVERAGES CERTIFICATE NUMBER:1310707499 REVISION NUMBER: THIS 15 TD CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHiCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS O INIZAI LTO TYPE OF INSURANCE L ° POLICYNWAeER im, L LIMITS cal COMMERCIAL GENERAL LIABILM EACHOCCURRENCR3 SDAMAGE TO ' CLAIMS-MAW OCCUR N I MED EXIS ww permnI S PERSONAL A ADV INRIRY S GENL AGGREGATE Li MIT APPLIES PER GENERALAGGREGATE S E POLICY pECT LOC PRODUCTS•CONPIGP AGG S 4— OTHER: $ O AUTOMOBILELMIBILTY I S ANY AUTO BODILY INJURY 1Pr arenm] S > OPINED SCHEDULED L_ AUTO$ONLY AUTOS a1I]OILY INJURY[Pr atea:idalrkl S CL HIRED NON-OWNEDPROPERTYDAAIAGE SCL AU708 ONLY AUTOS ONLY LIMaRELLAUAR OCCUR EACHOCCURRENCE S EXCESS LIAe HCLAIMS-WOE AGGREGATE $ DEC RETENTIONS S W0RRERSCOWVMATION O H- AND EMPLOYERS'LI WLITY Y I N ANYPROPRM7ORIPARTNERLIeCUTIVE E.L.EACH ACCIDENT S CL OFRCERAJEM0611"CLVDE137 NfA (Ma lis"In MNi E L DISEASE•EA EMPLOYEE I If yes,dsaabs WW DESCRIPTION OF OPERATIONS W.. E L DISEASE•POLICY LIMIT S A Pmkswi W LiahilM1y CIPLOO226M 1111121119 10131120ZD Per CIaaNARRaagak $2.000.000 CLIUYSMADE , O L) DESLRPTION of OPERATIONS I LOCATIONS I VEHICLES iACORD 161,Addbansl Rmarka Schadula,may he ANalchwd I roaa splits is required] THIRTY(30)DAYS NOTICE OF CANCELLATION M RE.Projedl•1t18M,Prol"I Description-Monroe County on-Cal Professional Engineering Services Contract U C IC rlq CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. E Monroe County 1100 Simonton Street AITHORREDREPRESEHTATIVE Key West FL 33040 C 01988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(201fi103) The ACORD name and logo are registered marks of ACORD Packet Pg. 99 C.3.b DATEIMMIDDIYYYY) ACORa CERTIFICATE OF LIABILITY INSURANCE 313112020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED �y REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(Ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements. CONTACT PRODUCER AE, AJG Service Team 0 Arthur J.Gallagher Risk Management Services, Inc, PHONE 212_g94T1� FAX No:212-994-7047 U 250 Park Avenue, 5th Floor New York NY 10177 ADORE GGB.VVSPUS.CERTREQUESTS G.COM INSURER(S)AFFORDING COVERAGE ___ NAIC 8 INSURER A:Liberty Insurance Corporation 42404 INSURED WSPGto9 0� INSURER B:Zurich American Insurance C ompany 16535 CL WSP USA Inc, One Penn Plaza INSURER C New York,NY 10119 MSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:1089874737 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, fD EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLT. TYPE OF INSURANCE ADOL S POLICY NUMBER MMfO Y EFF POLICY YY LIMITS 0 B ' X COMMERCIAL GENERAL LIABILITY Y OL0983581907 4/1/2020 41IM21 EACH OCCURRENCE $2.000.000 N CLAIMS-MADE OCCUR PREMISES Ea ooaorenoe $300.000 MED EXP(Arty one person} $5.000 PERSONAL BADV INJURY $2,000,000 GENL AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE $5,000,000 X POLICY UE O- LOC PRODUCTS-COMPIOP AGG $2,DOO,DDO OTHER: $ A_ AUTOMOBILELIABILnY Y AS7-621-094060.030 411/2020 4/1/2021 COMBINED SINGLE LIMIT s 5,000,000 Ea ecddent x ANY AUTO BODILY INJURY(Per person) S > 0 OWNED SCHEDULED BODILY INJURY(Par amdenl) S AUTOS ONLY AUTOS -- CL HIRED NON-OWNED PROPERTY DAMAGE $ CL AUTOS ONLY AUTOS ONLY Pw accident) UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE 4' 0'2 O Z O AGGREGATE $T DED RETENTION $ A WORKERS COMPENSATION WA7-62D-094060-010 4/1/2020 4/1/2021 X STATUTE ?TRH- AND EMPLOYERS'LIABILnY Y I N CL ANYPROPRIETORIPARTNERIFXECUTIVE F7N NIA E-L.EACH ACCIDENT $2,00(1,000 OFFICERIMEMBER Elf GLUDEO? (MondatorylnNH) E-L-DISEASE-EA EMPLOYE Ej$2.000,000 If yS describe Under U DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,D00 0 L) DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be auschad N more space Is required) THIRTY(30)DAYS NOTICE OF CANCELLATION. RE:Project#-188899:Project Description-Monroe County on-Call Professional Engineering Services Contract a ISK By CERTIFICATE HOLDER CANCELLATION WAN!! � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 0 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County 1100 Simonton Street AUTHORIZEDREPRESENTATNE Key West FL 33040 c� ®1988-2015 ACORD CORPORATION. All rights reserve ACORD 25(201 W03) The ACORD name and logo are registered marks of ACORD Packet Pg. 100 C.3.b AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES 0 This Agree ent ("Agreement") made and entered into this day of Z g (° g 20 by and between Monroe County, a political subdivision of the State of Flor a„ whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND i -® & a foreign corporation of the State of New York, authorized to do business in the State of Florida, whose address is 7650 Corporate Center Drive, Suite 300, Miami, Florida 33126 its successors and assigns, hereinafter referred to as "CONSULTANT", or"CONTRACTOR". 0 WITNESSETH: WHEREAS, COUNTY desires to employ the professional engineering services of E CONSULTANT for various County Projects located in Monroe County, Florida; and WHEREAS, CONSULTANT has agreed to provide professional services for 4- miscellaneous projects in which construction costs do not exceed $2,000,000.00, for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. The professional services required by this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending four (4) years thereafter, with options for the County to renew for one additional 1 year period. Specific services will be performed pursuant to individual Task Orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders. U Execution of a Task Order by the COUNTY or County Administrator and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to U proceed with the services described in the Task Order. 0 The terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. E E NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree E as follows: r Packet Pg. 101 C.3.b FORM OF AGREEMENT ARTICLE 1 REPRESENTATIONS AND WARRANTIES U By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied. 1.2 The CONSULTANT has become familiar with the Project site and the local 119 conditions under which the Work is to be completed. U) 1.3 The CONSULTANT shall prepare all documents required by this Agreement 0 including, but not limited to, all contract plans and specifications, in such a N manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents. 0 1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to its performance and those directly under its employ. 1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this Agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 0 U 1.6 At all times and for all purposes under this Agreement the CONSULTANT is an independent contractor and not an employee of the Board of County a Commissioners for Monroe County. No statement contained in this Agreement shall be construed so as to find the CONSULTANT or any of its employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this Agreement or with the provision of services or goods under this Agreement. c� 2- Packet Pg. 102 C.3.b ARTICLE II _ SCOPE OF BASIC SERVICES 0 2.1 SCOPE OF WORK U The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in the Agreement and the specific Task Order. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. -119 U) 2.3 NOTICE REQUIREMENT 0 All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage pre- paid, to the appropriate party by certified mail, return receipt requested, to the following: E 4- For the Count°;: 0 Ms. Judith Clarke, P.E. Director of Engineering Services CL Monroe County CL 1100 Simonton Street, Room 2-216 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 c� For the Consultant: Ronald M. Colas, PE, SI U WSP USA Vice President—Sr. Area Manager 7650 Corporate Center Drive, Suite 300 U Miami, Florida 33126 0 ARTICLE III ADDITIONAL SERVICES E 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 E COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. E c� 3- Packet Pg. 103 C.3.b 3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed 0 with the Additional Services. U ARTICLE IV COUNTY'S RESPONSIBILITIESCL 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, and maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's -119 U) behalf with respect to the Project. The COUNTY or its representative shall M render decisions in a timely manner pertaining to documents submitted by 0 the CONSULTANT in order to avoid unreasonable delay in the orderly and N sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non-conformance with the Agreement Documents. Written notice E shall be deemed to have been duly served if sent pursuant to paragraph 2.3. - 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. < 4.6 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability, or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. c) 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS E 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful 4- Packet Pg. 104 C.3.b conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 6.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is 0 for the indemnification provided for above. The extent of liability is in no way U limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that it shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase -119 U) or maintain the required insurance, the CONSULTANT shall indemnify M COUNTY from any and all increased expenses resulting from such delays. o Should any claims be asserted against COUNTY by virtue of any deficiencies N or ambiguity in the plans and specifications provided by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT will hold the COUNTY harmless and shall indemnify it from all losses occurring thereby E and shall further defend any claims or action on the COUNTY'S behalf. 6.4 The extent of liability is in no way limited to, reduced or lessened by the - insurance requirements contained elsewhere within the Agreement. 0 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as t0 indicated: U NAME FUNCTION 0 Ronald M. Colas, PE, SI Principal In Charge Mauricio Paredes, PE Project Manager Andres Cardona, PE Deputy Project Manager Rodrigo Pigna, PE QA/QC Senior Engineer Eduardo Rodriguez, PE QA/QC Sr Inspector QAXQC Technical Advisors Joseph Todd Mitchell, PE Senior Engineer Dale Helms, PE Senior Engineer E Ricardo Diaz, PE Senior Engineer Roadway Design Cecilia Villoria, PE Senior Engineer/Task Leader E c� 5- Packet Pg. 105 C.3.b David Hubbard, PE Senior Engineer Jose Otero, PE Senior Engineer Yamila Hernandez, PE Senior Engineer Carlos Benavides, PE Project Engineer Dayami Cruz, El Project Engineer 0 Hansel Ayala Project Engineer U Odalys Miguel Senior CADD Technician Si nalization Design Amanda Kreiling, PE, PTOE Senior Engineer/Task Leader Bharathi Chigurupati, El Project Engineer CL Bridge Desi Roger Khouri, PE Senior Engineer Gino Ageno, El Project Engineer _ Deepak Sivasamy, El Project Engineer Ughtin,a Design Mark VanDeRee, PE Senior Engineer/Task Leader Grace Patino, El Project Engineer Bert Crouthamel Project Engineer Construction En ineerin & Inspection Pomsit Chakkaphak, PE Senior Inspector/Task Leader 0 Keith Duke Senior Inspector N Traffic Studies Charles Hart, PE, PTOE Senior Engineer/Task Leader Somaye Fakharian QOM, PhD Project Engineer E Transportation Planning Studies John Lafferty Senior Planner Thomas Rodrigues, AICP Planner 4- Shriram Ramaratnam Planner o Drainage Design Sarah Amritt, PE Senior Engineer/Task Leader Jacob McClish, PE Project Engineer CL CL Permitting Werner Reinefeld, PE Senior Engineer Alan Sterental Project Engineer Sea Level Rise Enninegring Services Mike Flood,AICP Senior Planner/Task Leader Jerald Ramsden, PhD, PE Senior Engineer Building Structures Engineering Esteban Anzola, PE Senior Engineer Building Inspection &Assessment Glen White Contamination Assessment/Remediatlon 0 Curtis Dokken, PE U Kevin Cunniff Ecological Engineering U Dylan Larson, CEP,PWS 0 William Mohler Environmental Permitting, Monitoring and Compliance Audrey Siu Rob Stewart Subsurface Utility En ineerin /Land Surve in E Marty Rossi, PSM Senior Surveyor/Task Leader Karen Lynch Project Surveyor Geotechnical Services/Material Testin Hugo Soto, PE Senior Engineer/Task Leader .. Rutu Nulkar, PE Project Engineer Civil/Site Design E Andy Greenwood, PE Senior Engineer 6- Packet Pg. 106 C.3.b Eduardo Guinard, PE Senior Engineer Roberto Socorro, El Project Engineer Cecilia Martensson Project Engineer Mechanical Electrical and Plumbing& Fire Protection 0 Jonathan Quintero, El Project Engineer U Raisa Garrido Project Engineer Tony Gazzia Project Engineer L.andsca a Architecture Michael Kroll, FASLA Senior Architect Public Involvement Sandra Walters Grant/Fundina Assistance _ Sean Libberton Thomas Rodrigues, AICP GIS/LIDAR Isabella Remolina Ted Covill, CP,PPS 0 So long as the individuals named above remain actively employed or retained by the cN CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change E immediately. ARTICLE VII COMPENSATION 0 CL 7.1 PAYMENT SUM CL 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 7.2 PAYMENTS c� 7.2.1 For its assumption and performances of the duties, obligations, and responsibilities set forth herein, the CONSULTANT shall be paid monthly. t0 Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. a (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; E (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S c� 7- Packet Pg. 107 C.3.b invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought as the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 0 U 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; and b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; and -119 U) c. Postage and handling of reports. 0 N 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be - modified by an affirmative act of the COUNTY's Board of County Commissioners. 0 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and.its duration. en ARTICLE VIII en 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 U 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 U maintain the required insurance, the CONSULTANT shall indemnify the a COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The E 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. E 8.3 CONSULTANT shall obtain and maintain the following policies: 8- Packet Pg. 108 C.3.b U) A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute, Chapter 440. B. Employers Liability Insurance with limits of One Million Dollars 0 ($1,000,000.00) per Accident, One Million Dollars ($1,000,000.00) U Disease, policy limits, One Million Dollars ($1,000,000.00) Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. -119 U) D. Commercial general liability, including Personal Injury Liability, covering cu claims for injuries to members of the public or damage to property of 0 others arising out of any covered act or omission of the CONSULTANT or a ed any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and E a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000.00) per occurrence and annual aggregate. 4- 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 forty-eight (48) months following the termination or expiration of this contract. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. 0 c, F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in c) Paragraphs C and D. 0 G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. E H. CONSULTANT shall provide to the COUNTY certificates of insurance or . 4i. a copy of all insurance policies including those naming the COUNTY as E c� 9- Packet Pg. 109 C.3.b an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be 0 required to submit updated financial statements from the fund upon U request from the COUNTY. en ARTICLE IX en MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings -119 U) are not a part of this Agreement and will not be used in the interpretation of M any provision of this Agreement. 0 N 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the E COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 4- 0 9.3 SUCCESSORS AND ASSIGNS 0 The CONSULTANT shall not assign or subcontract its obligations under thisCL agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 0 9.4 NO THIRD PARTY BENEFICIARIES c) Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) days' written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. t 0- Packet Pg. 110 C.3.b 9.6 CONTRACT DOCUMENTS This Agreement consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the CONSULTANT'S response to the 0 RFQ, the documents referred to in the Form of Agreement as a part of this Z Agreement, and attachments A, B, and C, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the i CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a P Y p public building or public work, may not submit bids on leases of real property c to a public entity, may not be awarded or perform work as a contractor, N supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the E threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. E 4- 0 By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. 0 CONSULTANT will promptly notify the COUNTY if it or any U subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor a list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally E accepted accounting principles consistently applied. Records shall be retained for a period of five (5) years from the termination of this Agreement. E 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 c� 11- Packet Pg. 111 for four (4) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with � interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running U from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or -119 U) before the appropriate administrative body. This agreement shall not be M subject to arbitration. Mediation proceedings initiated and conducted 0 pursuant to this Agreement shall be in accordance with the Florida Rules of N Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition, or provision of this Agreement (or the - application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions, and provisions of this Agreement, CL CL shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS U The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party U relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall ; bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. c� 12- Packet Pg. 112 C.3.b U) 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. L) 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS -119 COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between 0 representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. The CONSULTANT and COUNTY staff shall try to resolve the claim or dispute with meet and confer sessions to be commenced within fifteen (15) days of the dispute or E claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. 0 9.16 COOPERATION CL CL In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION cj CONSULTANT and COUNTY agree that there will be no discrimination c, against any person, and it is expressly understood that upon a determination a by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but E are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) E Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC E cs 13- Packet Pg. 113 C.3.b s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 U (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. en 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, -119 ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this ° Agreement. 9.18 COVENANT OF NO INTEREST E CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS ci COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position; , conflicting employment or contractual relationship; and disclosure or use of certain information. 0 U 9.20 NO SOLICITATION/PAYMENT U The CONSULTANT and COUNTY warrant that, in respect to itself, it has a 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, IZ individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or E resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall E 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. E c� 14- Packet Pg. 114 C.3.b U) 9.21 PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and U Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of -119 all attorney's fees and costs associated with that proceeding. This provision shall survive an termination or expiration of the contract. Y p c The Contractor is encouraged to consult with its advisors about Florida ° Public Records Law in order to comply with this provision. Pursuant to Florida Statutes, Section 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. E (2) Upon receipt from the County's custodian of records, provide the 4- County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. CL (3) Ensure that public records that are exempt or confidential and CL exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. LO (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public LO records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure t0 requirements. If the Contractor keeps and maintains public records upon �- completion of the contract, the Contractor shall meet all applicable c) requirements for retaining public records. All records stored electronically a must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. IZ (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 E possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the E County or allow the records to be inspected or copied within a reasonable time. E c� 15- Packet Pg. 115 C.3.b If the Contractor does not comply with the County's request for records, ' the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to U penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE AP PLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS U) CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC 0 RECORDS BRIAN BRADL:FY AT PHONE# 305-292-3470 BRAD LEY-RR IAN&MONROECO UNTY-FL.GOV., MONROE COUNTY ATTORNEY'S OFFICE 111.1 12Tx Street SUITE 408 KEY NEST FL 33040. 9.22 NON-WAIVER OF IMMUNITY 0 Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the 0- participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES cs All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' t0 compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the a territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity E from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the c� l6- Packet Pg.;1!J C.3.b obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 0 9.25 NON-RELIANCE BY NON-PARTIES U No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in -119 this Agreement. 0 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION ° N CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics E Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in E negotiation certificate stating that wage rates and other factual unit costs 4- supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one (1) year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or cj be subject to any personal liability or accountability by reason of the �- execution of this Agreement. c; a 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of IZ which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may E execute this Agreement by signing any such counterpart. E 9.29 FEDERAL CONTRACT REQUIREMENTS. E c� 17- Packet Pg. 117 C.3.b The Consultant and its subconsultants must follow the provisions as set forth in Appendix I I to Part 200, as amended, including but not limited to: 9.29.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract' in 41 CFR Part 60-1.3 must include the equal U opportunity clause provided under 41 CFR 60-1.4(b). 9.29.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages -119 specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a c week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public c Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. In accordance with the Davis-Bacon Act, the CONTRACTOR or their subcontractors shall pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The current prevailing wage rates can be found at: www.access.gp,o. ov/davisbacon/fl..htmil under Monroe County. 9.29.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). t0 Where applicable, all contracts awarded by the COUNTY in- excess of �- $100,000 that involve the employment of mechanics or laborers must U comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of a Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard IZ work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours E worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer E or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or E c� 18- < Packet fp8l C.3.b articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.29.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small U business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research LO work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.29.6 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended, Contracts and subgrants of -119 amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 0 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 9.29.6 Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in - accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part > 1989 Comp., p. 235), "Debarment and Suspension." SAM ExclusionsCL contains the names of parties debarred, suspended, or otherwise excluded CL by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9.29.7 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has.not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any U other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with U obtaining any Federal award. Such disclosures are forwarded from tier to tier a up to the non-Federal award. 9.29.8 Procurement of recovered materials as set forth in 2 CFR § 200.322. Other Federal Requirements: E 9.29.9 Americans with Disabilities Act of 1990 (ADA) The CONSULTANT will E comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. cs 19- < Packet Pg. 119 C.3.b 9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of c) contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement: In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.30 The Consultant and sub cosultants shall utilize the U.S. Department of 0 Homeland Security's E-Verify system to verify the employment eligibility of N all new employees hired by the Consultant during the term of the Contract and shall expressly require any subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of E Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the Contract term. 4- 9.31 The Appendices I, A and E of the FDOT Standard Professional Services Agreement are attached hereto as Attachment B and the Certification for Disclosure of Lobbying Activities on Federal Aid Contracts, the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts, and the Conflict of Interest/Confidentiality Certification are attached hereto as Attachment C and all made a part hereof. I TNESS WHEREOF, each party has caused this Agreement to be executed by authorized representative on the day and year first above written. 0 BOARD OF COUNTY ` COMMISSIONERS U e'st, KEVIN MADOK, Clerk OF MONROE COUNTY, a FLORIDA By: Deputy Clerk MayorfChairma Date;. 17 .a-i MONROE COUNTY ATTORNEY'S OFFICE E e,,Mwov '4 AST F cis 20- 1 1 WRICIA FABLES ASSISTANT COUNTY ATTORNEY DATE: Packet Pg. 120 C.3.b (Seal) me NS LTANT ;fittest; BY; BY 0 Tltle� 'SeuWro Title: I l END OF J �, AGREEMENT � U) 0 cN E 4- 0 0 CL CL ci CL c� 0 u u a E E E c� 21- Packet fg. 121 ATTACHMENT A U) CONSULTANT RATES 0 u z U) 0 CN a 0 E E 4- 0 ci E E .a u 22- Packet Pg. 122 C.3.b 01 U) 7650 Corporate Center Drive I Suite 300 Miami,Florida 33126 0 Direct:305-514-3144 U www.wsp.com December21,2017 Monroe County 102050 Overseas Hwy,Suite 229 CL Key Largo,FL 33037 Attn: Debra London Re: Monroe County On-Call Professional Engineering Services Contract Dear Ms.London: Pursuant to your request,below are the firm's burdened labor rates proposed for the reference contract. Should you have any questions or need additional information,feel free to contact me. 119 r19 JOB CLASSIFICATION BASIC HOURLY RATE 0 Chief Engineer $308.93 Clerical $106.71 Planner $136.74 Principal in Charge $315.51 Project Engineer $156.11 Project Manager $197.86 - Senior Construction Manager $281.30 Senior Planner $217.55 O L- Senior Project Engineer $212.03 CL i Senior Project Manager $238.94 Senior Structural Engineer 316A5 Senior Traffic Engineer $172.72 Traffic Engineer $113.94 in CL With kind regards, WSP USA L) Mauricio Paredes,P.E. Project Manager U U a E E 4i E U 23= Packet Pg. 123 C.3.b s U) ATTACHMENT B APPENDICES: I, A and E OF THE FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT u en en I � U) 0 c14 E 4- 0 0 CL CL ci en CL en 0 u u a E E 4i E c� 24- Packet Pg. 124 C.3.b U) LOCAL AGENCY RaRR.fXrR'4R'waDRRDECRA AID"['D.R I 375-060-e4 Rrtft PROFESSIONAL SRuR�VR(ES CON GRR �f.TSPROGRAMnreawntetewr � serfs Page u mr a The folloaiing tears apply to all:contrads in which It is indicated that the services rnvolve the expenditure of federal funds: L) A. It is understood and agreed that Al rights of the Local Agency relating to inspection reviewer„appraysl„ < patents,copyrights and audi wwry t of theork,tracing,plans,specifications,maps,data,and dust records to nslatGng to this Agreement shall also W reserved and he lid!by authorU d repaesentatives,of the United) States of Arnar'ica,. g it is understood and agreed that,In order to,permit federal padicipallort,no supplernentaU egreenient of any nature to ntaay Vier entered into by the pandas hereto,frith regard to tare wortr to tee pertarrraerb hereusraader without the spire aP of#a U.S.Dapamm�ant of nansportatian,anything to the contrary in this Agirearnent notwithstanding, C Compliance volh Regulai Tho Consultant shalt comply ath the Regulation&relative to nondscriminatiora in Federally-assisted programs of the Lt.$.Dapartirrent of Transportation Title 4%Code of Federal Regulations,Pan 21,as they may be anranded from,time to time,Dherehaftor refeveed to as the a utation,sp„3mhlch are herein � inceeporatad by reference and made a part of this Agreernent,. 01 Nondiscrimiri The Consultant„with regard to the^Pmrk pedornted dri ing ft contractor shall not discrinirate on the basis of race,color,national origin,sera,age„rddssWity„religion or farnify+status in the selection and retention U) of subcontractors,inciud"rng pfocuremens of material and leases of equipment. The Consultant shalt not � participate either directly or indkedyp in the discrimination prohgbBted by Section 21.6 of the RinquIabons,including employnwent Wricticas vAen the contract covers a program set forth in Appendix 8 or the Regulations. 0 E. Soficlfatrons for'Subcontracts,includin Procurements of Materials and Sutuiprnent; In all sokOatrons made by N the Consultant,anther by comp itive b�ddsng or negOatiorl,for work to be performed d under a suubconwlract, � dnoruding pfocurenients of rnatadals and lees of equipmeml each potential subcontractor or supplier shall beqp notified Wy the Consultant of the Consultant's ob4gations under this contracland the R g Wations relative to nandiscriminad'on on lie bases of race,color„natwonad orrgtn sex,age,drsabrtrty,re9igic i or fanrul,y status, � F, rnforniahon and Roporfs. The Consultant wit provide all information and reports required by the Regulations,or drmctavoa issued pursuant thereto,and shall permit access to its books records,accounts,other sources of infonnation,and its facilities as niaybe determined by the Local Agency Flokla Npaitirriant of Transportation, < Federar Higliwway a'ftinlaivation Federal Tmanstt Administration,Federal Aviation Admirrstratloaro„andlor Federal 4— Motor Carnet Stafoty Adnihistration to be pertinent to ascertain compllatics~with surefa Regulations,oudeis and dnstrtectf cores. Where any information,required of the Consultant as in the exdusUve possession of anoti fairs or @ rebuses to fumi'sh this inforniation the Consultant shall so ceirtltly to the Local Aqericy Florida Department of > Transpo" rt,Fedia al,Hilghway Administration,Federal!Transit Admirhstrarrcn,Federal Aviation Admirmstraftorn, 0 anvtpor five Federal fvtrator Carrier Safety Administration as appropriate,and shaft set forth what effons If has Mae to L obtain the arforwmat on. CL CL C. Sancdlore for' rraraarrrli In line event of the Consullarut"s noncomprianrewith the nondiscemi�nation provisions of this contaad,the Gocat Agency shall impose such contract sanctions as it or the Flor lia C pann e ofTraunsportati n,Faderat Transit Administration+ Federal Aviation Admanistiattcun andlor p'ed ai Motor Cam or Uet,y Admintsl ion tray datisrmina to Cie apptopriata„mcfuding,but not lImited to, r. withrii of paylvients to the Consultant under the contract until the Consultant cornpiros ardfoar to 1 cancellation,Wrlifnation or suspension of The contract,in+&hole or in apart i H. Incorporation or Provisions: The Consultant avwril include the provisions of Paragraph C through I In every to subcoavtract,including p rocuvermentas of rmaitertats and teases of sq,Wpan ant unless exempt by the RegJaificrus oe der„ or rns#nucttoays lessee peasant tkierato The C,onsurllant shall sake such action with respect to any subcontract or � p�rrocurement as the Local Agency,Florida Department of Tssnsportatlon,Federal Highway Admrnlstratfon Federal' y rarsit Admina s,trafron„Federal Aviation Administration,andfor the Federal Motor Canner Safety Administration may � direct as a means of enforcing such provisions,including sanctions for noncompliance. In the eventa Cronsultatt *° f�anaes involved in,or is thaeatfined„ ith,lltigair 4wri h d subconsultant or sppliiea as a rosaugt of such direction, 0 this Consufuanf Ines re'nest the Locaq tf Agency tie enter Gnso such UnUgaston to pmotaot tf a untarests ref vita Lunoat U Agency,and lit matron,the Consultant may request the Unite di States to enter Into such litigation to protect the interests of the,united States. I Compliance liance with Nor dlscrimiinatiion Stali and Aukhor+i Title 61I of the Civil Rights Act.of 1964 i42 U S.C.§201 W L) q,78 staf.2512j,tprohibils cliscfirninai on Idea basis of race,color.national origin);and 49 CFR part 21 The CUnifbrrn C Relocation Assistance and Real Propart;y A tusUpfon Policlas Act of 1970,t42 U'Srt;~ 460 1),tprohtbtls unfair treatment 'L3 E E a� E U 25- Packet Pg. 125 C.3.b U) LOCALAGENCY � p p��n g p y�y y y 5 ry [ .yp ryy q p y p ry g p ryy yk y� as e„' p p1a�y 44y".,Mg'�x Y &'y�pk����yAAgf�kd�wyl� 11 F d,-.+�H+1"4.��ALL�,Wry"'4pry3�1�yF,p&1 p'MJhis 375040-84 (Mart )#Y1��.H L"9..SSIONA ,SERVICES CO Na9�E'.t-I&TS PROOPMA MANAGEMENT 04115 Papa 2 or 3 of persons displaced vwhsa property has been:acquired because of Feral or Feral-aid programs and projects); 0 Faderal-Add Highway Act of 1973,)23 U&C.§324 of seq),d'prohtbits discrimination an tltae basis of sexL Section 504 of "- the Rehabilitation Act of 1973,(29 L4.S C,5 794 at sac.),as amended,(,prohibits dlscriminalion on the basis of diisablfiity), U and 49 CFR Part 27; The Age Discrimination Act of 1976, as amended, f42 U,S,C 5101 at seq.), (prohdbtls discrinrOation on the basis of age),Airport and Alrwary Improvement Act of 19 Z)49 USC§471„aecdfon 47123),as ended,(prohibits dlscrinrination based!on race,creed color,national odgin or sax)„Tha Civil Rights Restoration Act of 1987,iPL 100-209),i9roadened the scope coverage and applicability of Title Vfl of the CiAt Rights Ad of 1964,The � Age Discrimination Act of 1976 and Section 604 of the R uabllilatl*o Act of 1973,by expanding the definifion of the tems"prograrrus or activiltas°to Include all of the programs or acttvdllas of the Federal-aid recipients,sub•necipionts and contractors„whether such programs or,a ivitues are Federally funded or not),Tiflas It and III of the Americans Nith � Disabilities Act which prohibit+discrimination on the basis of disability in the operation of public entl1res,publto and private transportation syslen'rs,places of public acconruuodation,and certain testing entities(42 V .S.C. 121!31 ._$2189),as implemented by Department of Transpotaation regulations at 49 C.F.R. parts 37 and 33; The Federal Avelton Administration's Non•ddscmm-nlnation statute)419 IW.S C,§47123)(prohibits discrimination on the basis of race, color, � national origin, and sex), Executive Corder 12899, Federal Actions to Address Environmental Justice in Minority � Populations and Lao-Income Polvudations, which ensures non-discrinnnalion against minority populations by 0 discouraging prograaaas,poddcras,and activities with disproportionately high and adverse human health or environmerifal � effects on minority and lower-income populations;Executive Order 13155 improving Aooasa to'Services for Persona~~with 0 IUrnted Engfishi Proficiency, and resudting agency gukdarce, natiorral origin discrimination inclwdas tksairrratinatron because of limited English proficiency 4L P), To ensure compliance with Title Wit,you must take,reasonable steps to t) ensure that.LEP persons have meaningful access to your programs q70 Fad flag.at.74097 to 74100),Title IX of the M Education Amendments of $972,as amended, which prohibits you frorn dieckiliunsting betause of sex in education programs or adivttias(20 tad S,C'.'158 t at sect),. 0 fµ interest of Members of Congress. No,tnemnber of or delegate to the Congress of the Un&ted States Y 41 be N admitted to any share or,part of this contract or to any benefit ashAng therefrcorn. tit. Interest of Public Officials. No member,officer,or employee of the puahtuc body or of a local public body during his lankire or for one,year thereafter shall have any interest,direct or indirect,in this contract or the proceeds thereof. For paarpo s of this provision public body shall niiclude municipalities and other political subdrvksions of Slates;and public corporations,boards,and commissions established kinder the taws of any State, dd L. Parktcipat'im by Dsativanloged Business Erudarparlsew Tire Consultant shall agree to abide by the follsraing statement from 49 CPR 25 13)b), This sfapemanfs shall be included in all subsequent agreements betvraen the < Consultant and any subconsuttant or contractor, - The Consultant,slab reclplent or suhcomrador shelf not discriminate an the basis of race,color,nalionat @ ongina or sax to the performance of this dontraol. The contractor shall carry out applicable requirements of > 49 CFR Paint 26 in the sward and adri inhuratuon of DOT-assisted contracts. Fa4turre,by the Consultant to 0 carry out these requirements is a materkaai breach of this contract,which may result in Eemination of this CL contract or other such remedy as fire recipient deLnns apptopirkals CL M, It is nnuutually understood and reed that the vdilWful fatsifdcaton distortion a;tntsropmikenhiflon,ohfh respect to any fac ts related to the projectfs) setibed In this Agreement is a vrotatroru of the F Tal Law,A asrdrnglliy,United States Code.T ilia 18,Section 1 p20,is hereby incorporated by reference and made a part of this,A,gweerriera � N4 It is understood and agreed that if the Consultant at any fine learns that the certification it provided the Local Agancy in compllance^41h 49 CFfd,'$action 25.61,was erroneous whan sub miffed or has:becornre erroneous by to Teason of chan ad circumslanoss,the Consultant shall provide immediate,written nonce to the Local Agency.Ill is further aid that the clause tilted"Cerfification RertAi Debarment,Suspension,ln6 tbility and V'oluritary Exclusion-Lower Tiler Covered rTransactuon"as set forth in 49 CFR 'Section 29.510,shall be Included by the CIL Consultant in all lo,wmer tier covered transactions and in all aforementioned federal regulation. O The Local Agency hereby certifies that neither the consultant nor the const dtant"s representative has been required j by the Local Agency,directly or Indirectly as an express or implied condition in cannec6orivAthr obtaining or carrying out this contract,to 1. employ or retain,or agree to employ or retain,any firm or person,or 0 U 2, pay,or agree to pay,to any frni,person,or organization,,any fee,contnbuton,d'orratdon,or consWerafion of any kind; U The Local Agency furdhar acknowdedges that this agreement Nill ha furnished to a federal agency„ka connection 9= wsith thus contract involving participation of Fader°af-Add funds.and is subject to applicable State and Federal Laves„ 0 'L3 E E U 26- Packet Pg. 126 C.3.b U) LOCAL OCA7 1(T4N 1 PA Q^„A(TR,.A NR E lg4 E" 7 D yE\} IS 3754MO-84 For PROFESSIONAL SERVICES ES CONTICY:7 S PROGRAM MANAGFMFNT � 4M P3or 3 0 both criminal and civil: U P. The Consultant hereby certifies that it has not: t. ernployed or retspned for a commsston„percentage,brokerage,confingent lee,or other consideration,any, forma or person(oil r than a bona Fide ernplayse working solely for the above oontr�ador)to solicit or secure � this contract; CL agreed,as an express or drmpgied condition for obttrl6ng this contract.to employ or retain the seruicas of any firm or person to connection�Ah carrying out this=tract,or a.+ 3, pald,or agreed to pay,to any firm„omgand ation or pemn(other khan a bona fide employee workong solely for the above contractors any fee contribution,donation„or consideration of any kind for,.or on winectton uaa4h, qs procuring or carrying out the contract. The consultant further acknowledges Met this agreement,Nlll be funi hed to the Local Agency,the State of -119 Florida Department of Transportation and a federal agency in coonectian wrth this contact'involving pactrcipation t) of Pedeaat-Doti funds and is subject to applicable State and Federal 9.zas,bath crooxenal and chit. 0 c1t E E 4- 0 0 L- CL CL c; CL c' 0 U U a E E c' 27- Packet Pg. 127 U) APPENDICES A and E Revised 01/2015 0 During the performance of this contract,the contractor,for itself,its,assignees and successors In U interest(hereinafter referred to as the"Contractor")agrees as follovis: z (1.)Compliance with Regulations.The Contractor shall comply with the Regulations relative to to nondiscrimination in Federally-assisted programs of the US, Department of Transportation (L (hereinafter, "USDOT") Title 49, Code of Federal Regulafions, Part 21, as they may be to amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. regard to the work performed during the contract, (2)Nondiscrimination: The Contractor, wilh shalll not discriminate on the basis of race, color.,national origin, sex, age,disability, religion as or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or 0 indirectly in the discrimination prohibited by section 2:1,5 of the Regulations,, including -119 U) employment practices when the contract covers a program set forth in Appendix B of the M Regulations. 0 (3,)Solicitations for Subcontractors,including Procurements of Materials,and Equipment: CN In all solicitations made by the Contractor, either by compefifive bidding or negotiation for work to be performed under a subcontract,including procurements of materials or leases of qs equipment,each potential subcontractor or supplier shall be notified by the Contractor of the E Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the basis of race,color,national origin,sex.age,disability,religion or family status. E (4)Information and Reports: The Contractor shall provide all information and reports required < 4- by the Regulations or directives issued pursuant thereto,and shall permit access to its books, 0 records,accounts,other sources of information,and its facilities as may be determined by the '@ Florida Department of Transportation, the Federal Highway Administration, Federal Transit > 0 Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety L- Administration to be pertinent to ascertain compliance with such Regulations, orders and CL CL instructions. Where any information required of a Contractor is in,the exclusive possession of another who fails or refuses to furnish this informatron the Contractor shalli so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit ci Administration, Federal Aviation Administration, andlor the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information. to CL (5.)Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the to nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration. and/or the Federal Motor Cartier Safety Administration may determine to be appropriate,including,but not limited to: 0 a, withholding of payments to the Contractor under the contract until the Contractor U complies,and/or b, cancellation,termination or suspension of the contract,in whole or in part, U 9= (6.)Incorporation of Provisions: The Contractor shall include the provisions of paragraphs(1) 0 through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt, by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida, Department of Transportation, the Federal Highway Administration, Federal Transit E E ca 28- < Packet Pg. 128 V) Administration, Federal Aviation Administration, andlor the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including: sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, 0 litigation with a sub-contractor or supplier as a result of such direction, the Contractor may 4- U request the Florida, Department of Transportation to enter into such litigation to protect the z interests of the ftrida Department of Transportation, and, in addition, the Contractor may request the United States to enter into stich litigation to, protect the interests of the United to States, CL f (7.)Compliance withi Nondiscrimination Statutes,and Authorities: Title VI of the Civil Rights to Act of'11964(42 U.S.C.§20,00d at 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 Acquiisit!ion Policies Act of 1970,(42 U.S.C.§4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U,S.C, § 324 et seq.), 2 )� Section 504 of the Rehabilitation Act of '1973, (prohibits discrimination on the basis of sex 0 (29 U'.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability)„ -ldc and 49 CFR Part 27:The Age Discrimination Act of'I 975„as amended,(42 U S.C.§6 101 et V) seq.), (prohibits discrimination on the basis of age)-,Airport and Airvay Improvement Act of 19,82, (49 USC §471, Section 47123), as amended, (prohibits discrimination based on race, 0 creed, color, national origin,or sex); The Civil Rights Restoration Act of'1987,(PAL 100-209)1, C14 (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or activities to include all of the programs or E activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or noun Titles, ill and 1,11 of the Americans with 0 Disabilities Act, which prohibit dis,chmination on the basis of disability in the operation of E public entities, public and private transportation systems, places of public accommodation,, 4- and certain:testing,entities (42 Ll&C,§§ 12131 -- 1218,9)as implemented by Department of 0 Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation '@ Admi i nistrati on's Non-discrimination statute (49 UI,S,C. § 47123) (prohibits discrimination on > 0 L_ the basis of race, color, nationall origin,and sex),, Executive Order 12898, Federal!,Actions to CL Address Environmental Justice in Minority Populations and Low-income Populations, which CL ensures non-discrimination against minority populations by discouraging prograrns, policies,, and activities with disproporfilonately 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 74 1001: (L Title IX of the Education Amendmenis, of 1972, as amended, which prohibits you from to discriminating because of sex in education programs or activities,(20 U.S.C. 1681 et seq). 0 L) L) C 0 E E 29- L Packet P9. 129 C.3.b ATTACHMENT C Certification for Disclosure of Lobbying Activities on Federal Aid Contracts Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts U c� E 4- 0 ci c� c, c, E E E c� 30- Packet Pg. 130 C.3.b U) PROCUREMENT 1=1 O CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES U ON FEDERAL-AID CONTRACTS (Compliance with 49CFR, Section 20.100(b)) LO The prospective participant certifies, by signing this certification,that to the best of his or her knowledge and belief: CL LO (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency,a Member of Congress, an officer of employee of Congress,or an employee 9 to ee 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, -119 renewal, amendment,or modification of any federal contract, grant, loan, or cooperative agreement. O (2) If any funds other than federal appropriated funds have been paid or will be paid to N any person for influencing or attempting to influence an officer or employee of any federal agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Standard Form-LLL can be obtained from the Florida Department of Transportation's ,- Professional Services Administrator or Procurement Office.) O This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a CL CL prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall r r that the language of this certification be included in all lower tier sub ntract',which exceed $100,000 and that all such subrecipients shall certify and di lose a ordingl _ c� a o ultant: O U13 : Date: Authorized Signature Title: ' „6 E E E c� 31- Packet Pg. 131 C.3.b U) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375 0,30-32 CERTIFICATION REGARDING DEBARMENT,SUSPENSION, PROQJREMENY 11rrb INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) O 0 t3 It is certified that neither the below identified firm nor its principals are presently suspw ed propo for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal pa in,' agency. Name of ConsultanttContractor CIL By: Clare; m �^ Title: In§tEMOigns ford CoAffig-1-tan, ds 'L3 Instructions for Certification-Lower Tler Participants: (Applicable to all subcontracts,purchase orders anti other tower tier transactions requiring prior F'N WA approval or estimated to 0 cost$25,000 or more-2 CFR Paris 180 and 1200) e) a.By signing and subrn tRrng this proposal,the prospective lower tier is providing the certifcalion set out below. M b.The certification in this clause is a material representation of fact upon which retdance wavas placed when this transaction was O entered into.If it Is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,In � addition to other remedies available' The Federal Covemmett,the department, agency with which this transaction originated may pursue available remedies,Including suspension andfor debarment, � r The prospective lower tied-participant shall provide Immediate written reduce to the person to which this proposal Is submitted If at any time the prospective lower tler participant leams that Its certification was erroneous by reason of changed circumstances, i d,The terms"cowered transaction,"'debarred""suspended,'"ineligible,""participant,"'"person„""principal,"and"voluntafity excluded,"as used in this clause,are defined in 2 CFR'Parts 1801 and 1200.You may contact the person to which this proposal is submdlted for assistance in obtaining a copy of those regulations "First Tier Covered Transactions"refers to any covered - transaction between a grantee or subgrantee:of Federal funds and a participant(such as the prime or general anlradl) ""Lower Tier Covered Transactions"refers to any covered transaction under a First'fler Covered Transaction(such as subcontracts:). � °Flrst'Tier Participant"refers to the parliclpant who has entered Into a crave-rent transaction with a grantee or subgrantea of 0- Federal funds(such as the pirime or general contraclor)>"Lower Tief Participant"refers any partloapant^»whir has entered into a C:L covered transaction with a First T er Partcipant or other Lower Tier Pauticipants(such as subconlr^aclors and suppliers), � e.The prosperAive lower tier participant agrees by submilling this proposal that,should the proposed covered transaction be ., entered into,it shall not knowingly enter into any tower tier covered transaction vaath a persona who us debarred,suspended, ci declared ineligible,or voluntarily excluded from participation In this covered transaction,unless authpnxed by the deparinvint or � agency with which this transaction originated. 6/S f,The prospective lower tiler participant further agrees by submitting this proposal that it will include this clause rifled "Certlticaleon Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lover Teem Covered Transa Lion'wlthwt CIL modification,In all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25„0410 threshold. pT.A participant in a covered tr°ansacldon may rely upon a cartdf7cation of a prospective participant in a lower tier covered transaction that ds not debarred,suspended„ineligible or voluntarily excluded from the covered transaction,sinless It knows that the certification is erroneous.A particdpant is responsebte for ensuring that its principals are not suspended debarred,or O otherwise ineligible to participate in covered transactions.To verify the eligibility of its principals,as well as the eligibility of any, t3 tower tier prospective participants„each participant may,but Is not required to,check,the Excluded Parties List System website (https�lhvww,epjs.gov/)i,which is compiled by the General Services Administration: tM h.Nothing contained in the foregoing shall be construed to require establdshrnent of a system of records in order to render In a good faith the certification required by this clause.The knawdedge and information of participant is not recitired to exceed that 0 which is non°nall,ya possessed by a prudent person in the ordinary course of business dealings, i Except for transactions authalized under paragraph a of these Instructions„If a partidpant in a covered transaction knowingly enters Into a lower tier iaeveired transaction with a person who is suspended,debarred,ineligible,or voluntarily excduded from participation in this transaction,in addition to olher remedies available to the Federal Government,the department or agency 9= with which this transaction originated may pursue avadlebte remedies,Including suspension andfor debarment, 0 E E E ca 32- Packet Pg. 132 C.3.b STATE OF FLORIDA DEPARTMEW OF T SPORTAMN 3T'i-63tt-50 PRD uRrMG;Iv"' CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS I cerfity that I have no present conflict of interest,that.I have no knowledge of;may conflict of interest that nay firm may have,and that I � will recuse myself from any capacity of decision calming,approval,disapproval,or recommendation+ma any contract if I have a conflict of 0 interest or a polentiat conflict of interest, 4- Cons ltants1contractors are expected to safeguard their ability to make objective,fair.and impartial decisions when perc mnwmg work for the Department,.and therefore may not accept beneflls or any sort under circa instances in which it cotuld be inferred by a reasonable observer that the benefit was intended to Influence a pending or hawre dewdston of theirs,or to reward a past decision Consultants f/S performing�rrortr for the Department should avoid any,conduct(^w^hethem in the context of business,financial,or social relationships) � rwpaich might undermine the public toast,whether or not Vial conduct is unethical or lends itself to the appearance of ethrc�ai Impropriety, CL 6/S i will maintain the confidentiality of all'information not made public by the Monda Department of Transportation C Depanmment.l related to the procurement of the above-referencectl("Proect")that I gain access to as a result of my involvement Ath the Project('Procurement � Inforniation").1 understand that Procurement informmation includes,but is not limited to,.documents prepared)by or for the Department related to procurement of Me Project,f also understand that Procurement Inforniation includes,but is net fmrted to,documents � submitted to ttae Department by entities seeking an aarraard air the Project('Proposers"),I understand that Procurement Information may a include documents submitted by Proposers related to letters all responsedetters of interest,technical proposals,price proposals, q2 financial proposals,and infonmation shared during exempt meetings,b also understand that Procurement information may also include docmuments that evaluate or reivi'evu documents submitted by Proposers,and information regarding.Project mast esf9rmatee,I also agree 0 not to discuss the P(opect+smt anyone vitro is a umemberr of or acfing on behalf of a Proposer. -ldc r) Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General,1 wilt not divulge any � Procurement Information ex"pt to bndividuats vMo have executed a Conflict or lmtemestIConfrdentiati l Cer ificalion which has beep approved by the Department("ProJeot Personnel"),f understand that a list of Project Personnel All be maintained by Department. If 1 0 am contacted by any member of the public or Me media wwith a request for Procurement lnfoTmation,i will promptly fbnmainl such request to the Department's,Procurement Office.I will also maintain security and eontu 1,over all documents containing Procurement N a Irtfouraaaatiom whlola are In my custody„ � l agree not to solicit or accept gratuities,unwarranted privileges or exemptions,favors,or anything of value from any firm under E consideration for an agreement associated with the Project„and I recogimixe that doing so naawy be contrary to statutes,ordinances,and 'a ntles governing or applicable to the Department or may otherv+se be a violation of the law, � dr I agree not to engage in laid tampering,pursuant.to Section 838 22.(Florida Statutes. E b reatize trial violatbon of the above mentioned standards mould result In the teminination of m�u?y voila for the Department. f further real ize 0 that violation of the above mentioned statute*would be punishable in acoordance wwim Section 8 38�.22,Honda Statutes,. — Advertisement No./ Description Financial Project Number(s) 0 Solicitation No s 1 -- - _ _ -—........................w_... _.... to Each undersigned individual agrees to the to s o Cs Conflict'f Interest/Confidentiality Certification. CL to Pr n eel Names Sign a Date � ��. � U E E c� 33- Packet Pg. 133 C.3.c p4J.Z Gougra Pc °�E.. Kevin Madok, cPA Clerk of the Circuit Court&Comptroller—Monroe County, Florida -119 n DATE: May 31, 2019 0 TO: Juditli Clarke, PE, Director ° Engineering/Roads&Bridges 0 Deb London, Project Manager Engineering Department 4- ATTN: Nicole Twyman, Executi sistant e Engineering Department FROM: Pamela G. Hancock, D.C. SUBJECT: May 22 BOCC Meeting N LO Enclosed is a duplicate original of Item Cl,Task Order with WSP USA, Inc. for Engineering Design and Permitting Services for die Key Largo III Roadway and Drainage Improvement Project(Burton Drive and specified roads in the Harris Ocean Subdivisions). This task order is being awarded under the On Call Contract for Professional Engineering Services in. the maximum not to exceed amount of$349,094.71, for your handling. 0 CL Sliould you have any questions, please feel free to contact me at(305) 292-3550. Thank you. 06 0 U cc: County Attorney X Finance File E c� KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 134 TASK ORDER FOR ON CALL PROFESSIONAL DESIGN AND PERMITTING SERVICES BETWEEN MONROE COUNTY AND WSP USA, INC. FOR KEY LARGO III ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT In accordance with the Continuing Contract for On Call Professional Engineering Services made and entered on the 17th day of January 2018 between Monroe County hereinafter referred to as the "County" and WSP USA, INC. hereinafter referred to as "Consultant" where design services are allowed if construction costs do not exceed $2,000,000. All terms and conditions of the referenced Contract for On Call Professional Engineering Services apply to the Task Order, unless the Task Order modifies an Article of the E Agreement of which will be specifically referenced in this Task Order and the 4- modification shall be precisely described. 0 This Task Order is effective on the 22nd Day of May 2019 and shall expire 60 days after construction is complete. Design is anticipated to be completed within 270 days of issuance of the Notice to Proceed. N Article II Scope of Basic Services, Paragraph 2.1 is amended to add 2.1.1 as LO follows: c� The scope of services for the Key Largo III Roadway and Drainage Improvements project (specified roads in the Harris Ocean subdivisions) will include: completion of design for construction and any required SFWMD.permitting for the asphalt overlay, milling and resurfacing, roadway reconstruction as required based on current conditions, and establishing roadway crowns. Road elevations will be evaluated and adjusted for 0 sea level rise if necessary. The scope also includes the installation of french drainage 0. systems and the addition of bicycle lanes on Burton Drive to connect to the Florida Keys Overseas Heritage Trail (FKOHT) at US Highway 1 and coordination with the Florida Department of Transportation (FDOT) for their Burton Drive/US1 intersection project. The Design for Construction shall include, but shall not necessarily be limited to, plans 06 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 0 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 0 available unless written authorization to the contrary is given by the County. Details of the scope of services are outlined below and in Attachment A: 1.0 DESIGN DEVELOPMENT The Consultant will evaluate existing adjacent environment and habitat and provide a W design that eliminates or minimizes impacts to the surrounding environment and habitat. W E c� 5.22.19—WSP KLIII Task Order- 1 Packet Pg. 135 C.3.c 2.0 CONSTRUCTION DOCUMENTS PHASE 2.1 The Consultant shall prepare, for approval by the County, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. Construction documents shall conform to the standards contained in the following: -119 U) cu 1. Florida Department of Transportation Roadway Plans Preparation Manuals CN http://www.dot.state.fl.us/rddesign/PPMManual/PPM.shtm 2. Florida Department of Transportation Design Standards E http://www.dot.state.fl.us/rddesign/DesignStandards/Standards.shtm 3. Florida Department of Transportation. Manual of Uniform Minimum Standards for Design, Construction -and Maintenance for Streets and 0 Highways http://www.dot.state.fl.us/rddesign/FloridaGreenbook/FGB.shtm 0 4. Florida Department of Transportation Surveying Procedure http://www2.dot.state.fl.us/proceduraldocuments/procedures/bin/5500301CL 01 pdf 5. Florida Department of Transportation Drainage Manual CN http://www.dot.state.fl.us/rddesign/dr/files/2008DrainageManual.pdfLO 6. Manual on Uniform Traffic Control Devices (MUTCD) http://mutcd.fhwa.dot.gov/ 7. American Disabilities Act http://www2.dot.state.fl.us/proceduraldocuments/procedures/bin/6250200 E 15.pdf > 0 8. Florida Department of Transportation Flexible Pavement Design Manual hftp://www.dot.state.fl.us/pavementmanagement/PUBLICATIONS.shtm 9. Florida Statutes http://www.leg.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&S u bmenu=1&Tab=statutes&CFID=14677574&CFTOKEN=80981948 06 2.2. The Consultant shall provide Drawings and applicable Technical Specifications for the County's review. 0 2.3 Upon completion of the Construction Documents Phase, the Consultant shall provide Construction Documents for the County's approval. Upon approval by the County the Consultant shall provide the County up to 3 sets of Construction Documents that have been signed and sealed by the Consultant. The Consultant shall also provide an electronic version of the construction documents. The Consultant shall provide an estimate of anticipated construction cost in accordance with the construction development phase. c) 2.4 The Consultant shall assist the County in the preparation of the necessary X i bidding information for the production of bidding forms, the Conditions of the Contracts, zi and the forms of Agreements between the County and the Contractors by providing supporting information as to the projects scope, bid items, estimated quantities and E 5.22.19—WSP KLIII Task Order-2 Packet Pg. 136 C.3.c CL construction duration. The County shall prepare all Bidding Forms, Conditions of the Contract, and Forms of Agreement. 2.6 The Consultant's construction documents (plans, specifications, etc) will conform to all codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of -119 U) such completion as to be acceptable for review and ruling by said agencies when M permits are applied for. The Consultant shall use due care in determining permit 0 requirements and shall meet with regulatory agencies as necessary to coordinate N specific permit requirements. The Consultant shall document all meetings and conversations with said regulatory agencies. If permits are denied for incompleteness or for lack of following said codes or regulations, or permit requirements, then the Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required by the Consultant to conform documents to ,federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no 0 charge or cost to the County, unless said requirements are changed during the course of the project. c 2.6 The County shall be responsible for the timely submittal of all permit application fees. cN cN LO 2.7 At the 90% and 100% design phases the Consultant shall provide drawings and other documents which depict the current status of design for the County's review and information. The Consultant shall provide an estimate of anticipated construction costs and construction schedule. 2.8 As needed, the Consultant will provide clarification and answers to questions E 0 from prospective bidders during the construction bid process. Answers will be provided in a timely manner in order to facilitate bidding. 3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS To satisfactorily perform the Construction Documents phase requirement, the Engineer must complete the tasks set forth in items 3.1 through 3.4. 06 3.1 Construction Plans — This consists of, at a minimum, Key Sheet, Summary of Pay Items and Quantities, Drainage Structures Map, Project Layout, Plan and Profile sheets, Typical Sections, Detail sheets, General Notes, Traffic Control Plan. Construction plans shall be in accordance with FDOT Plans Preparation Manual. 0 3.2 Specifications — For general specifications, FDOT Specifications will be used. Comprehensive, abbreviated methods, materials and systems descriptions in tune with the drawings will be developed as necessary with Technical Special Provisions. 3.3 Schedules— Prepare an estimate of the Construction Time. U 3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance x with the Construction Documents. E c� 5.22.19—WSP KLIII Task Order- 3 Packet Pg. 137 C.3.c 4.0 CONSTRUCTION COST Contemporaneously with the submission of the Design, the Consultant shall submit to the County in writing its final Opinion of Probable Construction Cost (OPCC) for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Consultant to reflect any increase or decrease in anticipated price resulting from a change in Design. M 0 4.1 The Construction Cost shall be the total estimated bid cost to the County of all N elements of the Project designed or specified by the Consultant. 4.2 The Construction Cost shall include the cost at current market rates of labor and materials and Equipment designed, specified, selected or"specially provided for by the Consultant, plus a reasonable allowance for Contractor's overhead and profit. 4- 0 4.3 Construction cost does not include the compensation of the Consultant and the > sub-consultants, the costs of land, rights-of-way, financing or other costs which are the responsibility of the County. 5.0 CONSTRUCTION PHASE ' c14 c14 LO 5.1 The Consultant shall review and approve or take other appropriate action upon Contractor submittals and requests for information. The Consultant's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the County's own forces, while allowing sufficient time in the Consultant's professional judgment to permit adequate review. In general, said review and action shall be completed in 10 working days from receipt of a shop drawing submittal, excluding resubmittals. Review of such submittals is not conducted for the 0 purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Consultant's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of construction means, methods, 06 techniques, sequences, or procedures. 5.2 The Consultant will provide answers to Requests for Information (RFls) from the Contractor, as needed during construction and will implement any required plan revisions. 0 5.3 The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Consultant or its consultants or both. 5.4 The Consultant must reimburse the County for any "added costs" paid by the County for additional construction cost that were incurred as a direct result of any error, U omission, deficiency, or conflict in the work product of the Consultant, its consultants, or X both. "Added costs" is defined as the cost incurred from any additional work required on the project that was necessitated solely by the error, omission, deficiency or conflict in the work product. The added cost is limited to the increase to the construction cost for E additional work and does not include costs that are normally incurred as part of the 5.22.19—WSP KLIII Task Order-4 Packet Pg. 138 C.3.c project or would have been incurred had no error, omission or deficiency occurred, and addressed by a change order of already established unit costs. The Consultant shall not be held responsible for additional deficiencies found due to a delay in the construction of the project or for those hidden deficiencies that could not. reasonably, be determined through a review of current field conditions by the Consultant or subconsultants. -119 5.5 The Consultant shall furnish to the County, upon project completion, the following: c • 2 sets of 11"X 17" signed and sealed Record Drawings N • 2 sets of final documentation • 1 set of final as built CADD and pdf files on CD including a table of drainage structures with GPS coordinates labeled for each structure The Consultant's Engineer of Record in responsible charge of the project's design 0 shall professionally endorse/certify the record prints, the special provisions and all reference and support documents. 5.6 The Consultant will attend the pre-construction meeting and as needed, attend the periodic construction progress meetings. N LO Article VII, Paragraph 7.1 is amended to include the following: , c� The Consultant shall be paid monthly for time and expenses based on hourly rates/timesheets and lump sum amounts (as noted below), in accordance with the On Call Agreement rates, in the following Maximum Not to Exceed amount of$349,094.71: E Task 1: Data Collection & Preliminary Design Evaluation $28,868.52 0 Task 2: Design and Plans Production $155,446.65 Task 3: Environmental Resource Permitting $11,556.32 Task 4: General Engineering Services During Construction $25,237.22 E Task 5: Meetings, Project Management and Quality Control $34,783.00 Reimbursable Expenses $10,200.00 06 Subconsultants: Geotechnical—Terracon (lump sum) $20,003.00 Topographic Survey— Miller Legg (lump sum) $63,000.00 Total (Not to Exceed) $349,094.71 0 Article IX Miscellaneous, Paragraph 9.29 Federal Highway Administration Requirements do not apply to this project. , U € i X E 5.22.19:—WSP KLIII Task Order- 5 Packet Pg. 139 C.3.c t WSP USA INC. SECRETARY'S CERTIFICATE F U) I,Hillary F. Jassey, Secretary of WSP USA Inc. (the "Corporation"), do hereby certify on M e behalf of the Corporation and not in my individual capacity that on June 1, 2015 the Board of Directors of the Corporation adopted the following resolution: i � E 4- 0 "RESOLVED, that parties authorized by the Delegation of Authority may 0 sign RFPs, RFQs and any resulting project contracts or amendments in accordance with the Delegation of Authority." N N LO c� I further certify that the resolution has not been revoked and that, as an Area Manager of the Corporation, Ronald M. Colas is authorized by the Delegation of Authority to sign prime agreements, amendments, and task work orders, between Monroe County, Florida, and the 0. Corporation. This Certification is valid from 25 April 2019 until 30 June 2019, at which time the 06 responsibilities and authority conferred by this certificate will expire. 0 0 ill assey Mary April 25,2019 U Date X E c� Packet Pg. 140 C.3.c IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly authorized representative. Consultant Witness: WSP U , INC. c April 24, 2019 April 24, 2019 E Signa re Date Signature Date 4- 0 Vice President I Sr. Area Manager ,,,, F... Title 3. CL c� - CL � raj §. E o BOARD OF COUNTY COMMISSIONERS 0 in Madok, Clerk OF MONROE COUNTY, FLORIDA 06 By: by: 4z� w Deputy Clerk May6r/15hairman 0 Date: 5/zz ONROE COUNTY ATTORNEY w X CHRISTINE LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY I)ATE: E c� 5.22.19—WSP KLIII Task Order- 6 Packet Pg. 141 ATTACHMENT A 0 0 CN a 0 E E 4- 0 0 CL CL 0) V- CN CN LO 0 Lm CL E 0 CL E 06 0 0 w u w x w E Packet Pg. 142 ON -CALL PROFESSIONAL n ENGINEERING SER 0 -ldc U) 0 Proposal 1 N Proposal for Key largo III Roadway and Drainage Improvement E 4- 0 Prepared for: Monroe Counter T- RFQ-145-0-2017 On-Call Professional Engineering Services LO Prepared by. E CL E 06 0 U x April 2019 E On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements Monroe County Packet Pg. 143 C.3.c CL en TASK AUTHORIZATION NO. 1 Monroe County, Florida Key Largo III-Roadway and Drainage Improvements Engineering Design and U) Construction Administration Services M 0 This Authorization,when executed, shall be incorporated in and become part of the Agreement for On-Call Professional Services between the Monroe County (COUNTY), and WSP USA, Inc. (CONSULTANT), dated January 17, 2018, hereafter referred to as the Agreement. E Project Background 0 COUNTY has requested that CONSULTANT provide engineering design, permitting and 76 construction administration services for paving, drainage and associated improvements to COUNTY roadways located in Key Largo, Florida.As shown on Attachment A,attached,the roads included in this study are Antigua Road, E. Beach Road, Beach Road, Burton Drive, Canal Street, Dove Creek Drive, Dove Lake Drive, First Street, Harry Harris Drive, Park Avenue, Planter Drive and 1 st Street. - � LO Scope of Work 0 The following is a description of the services to be provided under this Task Authorization: • Evaluate the listed roads to determine the appropriate rehabilitation method (resurfacing, widening, reconstruction) LM • Design_ of appropriate rehabilitation method and associated drainage improvements, 0. utilizing sea level rise elevations criteria • Coordination with FDOT for the improvements project at the intersection of US] and Burton Drive for bike lanes on each side. On the south side, the existing bike lane and lane crossover shall be removed, and on the north side, the existing bike lane shall extend to meet the Overseas Heritage Trail at the intersection with US1. 06 • Preparation of contract documents and technical specifications in coordination with standard County specifications and bid requirements • Apply for Permits from the South Florida Water Management District • Provide support during construction in responding to contractor needs and inquiries o • Assistance with project close-out 0 Key staff from WSP took the time to visit the project roads to familiarize themselves and take note of deficiencies. The list of the roads proposed for improvements was based on the Pavement Condition Index report provided by the County and recommendations by WSP staff based on initial observations. U TASK 1.0— DATA COLLECTION & PRELIMINARY DESIGN EVALUATION X Subtask 1.1 Data Collection and Field Investigation E Upon Notice-to-Proceed (NTP) CONSULTANT will perform a site reconnaissance to familiarize itself with existing conditions. WSP will request and Design Ticket from Sunshine 811 and coordinate with On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements Monroe County Packet Pg. 144 C.3.c utility agency owners to obtain records of existing utilities and information related to proposed/future utility improvements within the project limits. Upon NTP and concurrently with these activities, WSP's subconsultants will perform surveying, geotechnical engineering and materials testing, and traffic counts for the project. The CONSULTANT will review documents provided by the COUNTY, such as Geographic -119 Information Systems (GIS) data and Pavement Assessment Reports. 0 The CONSULTANT's roadway designer will perform a field investigation with County Public Works (roads and utility) staff on the same day as the kick-off meeting (Task 5.1) to gather data and identify potential problem areas that will require additional pavement cores to be performed by the geotechnical consultant and to locate utilities in the roadway.The CONSULTANT will take notes and photographs during the field investigation to document observations, discussions, and recommendations. 4- 0 The CONSULTANT'S drainage designer will also attend the field investigation to assess existing 76 drainage patterns and identify potential locations for exfiltration trenches. The following deliverables are anticipated for this task: • One (1) PDF and one (1) hard copy of topographic survey • One (1) PDF and one (1) hard copy of geotechnical report LO Subtask 1.2 Roadway Pavement Analysis 0 The CONSULTANT will evaluate the data obtained to determine the appropriate method of rehabilitation for the listed roads included in this study and as shown on Attachment A. Rehabilitation methods include milling and resurfacing of streets in good condition or reconstruction of streets showing evidence of pavement failure or significant flooding. The 0 CONSULTANT will recommend a rehabilitation method for each street or logical segments of each street for review and approval by the COUNTY. For purposes of this scope of services,it is assumed that thirty-nine (39) road segments, as indicated in Exhibit A,will be improved: • Fifteen (15) road segments will be resurfaced • Twenty-four (24) road segments will require reconstruction 06 Subtask 1.3 Drainage Analysis The CONSULTANT will prepare a conceptual drainage plan outlining the potential locations of c exfiltration trench locations.The plan will be based on drainage needs determined during the field review and evaluation of the drainage patterns from the obtained ground survey for the project. TASK 2.0- DESIGN AND PLANS PRODUCTION Subtask 2.1 Roadway Design The CONSULTANT will design the following roadway elements in accordance with governing standards (AASHTO - 2011 A Policy on Geometric Design of Highways and Streets and/or 2011 FDOT Greenbook - Florida Manual of Uniform Minimum Standards Design, Construction and W Maintenance for Streets and Highways), as practical: • Milling and resurfacing of roads in fair and/or good condition. • Reconstruction of roads with evidence of structural failure. cs On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements Monroe County Packet Pg. 145 C.3.c CL Subtask 2.2 Drainage Design The drainage design tasks will include the following elements: • Exfiltration trenches will be provided throughout the project as needed to facilitate positive drainage in areas of significant ponding within the roadway and/or right-of-way. The existing ponding observed during the field review and/or documented by photographs provided by -119 Monroe County will be addressed with exfiltration trenches. The exfiltration trenches will be detailed in the plans. CONSULTANT will determine the horizontal extent of underground utilities c including water and sewer at the proposed exfiltration trench locations. CONSULTANT will locate the proposed exfiltration trenches to minimize utility impacts. CONSULTANT will provide design details for utility relocations as required. The vertical extent of the underground utilities will not be obtained for this project. • A detailed drainage approach with the locations of the proposed drainage improvements will be included in the Conceptual Design submittal. The final proposed drainage improvements will E be included in the construction plans. c 76 0 Subtask 2.3 Preparation of Contract Documents The CONSULTANT will prepare Construction Documents, including final plans and technical specifications.The plans will LO include the following major elements: , • Key Sheet (1) • General Notes (1) • Special Details (1) • Typical Section Sheets (1) • Project Layout (2) • Roadway Improvement Plan Sheets (50) • Temporary Traffic Control Plans (1) • Cross Sections for Reconstruction and/or Widening (20) • Stormwater Pollution Prevention Plan (1) • Miscellaneous Design Standards/Temporary Erosion Control Details (1) In addition, the following deliverables are anticipated for this task: 06 • Two (2) copies of conceptual design sketch and project approach/criteria memorandum • Two (2) copies of 90% Construction Documents (plans and technical specifications) • Cost estimates at 90%and 100% c • One (1) electronic copy of 100% Construction Documents (plans and technical specifications) with Draft Environmental Resource Permit (ERP) application package 0 • One.(]) electronic copy of SFWMD ERP Application and Permit • Two (2) signed and sealed sets of 100% Construction Documents (plans and technical specifications) for the County's files • One (1) PDF of project schedule Upon approval of the 90%Design Plans from COUNTY, CONSULTANT will prepare and submit plans and supporting documentation to the permitting agencies for review. Once approval of plans U from the permitting agencies is obtained, WSP will prepare and submit Bid Documents to the City. X TASK 3.0 - ENVIRONMENTAL RESOURCE PERMITTING The CONSULTANT will schedule and conduct a pre-application meeting with SFWMD to determine the permitting requirements for the project. It is anticipated that water quality treatment will not On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements Monroe County Packet Pg. 146 . C.3.c CL be required for the mill and resurface and reconstruction improvements.CONSULTANT will prepare and submit an Environmental Resource Permit application for the proposed roadway drainage improvements. The application will not include recommendations for mitigation or other information for potential impacts to protected plants and/or species. Additionally, permitting with other agencies other than SFWMD, such as the Army Corps of -119 Engineers, Florida Department of Protection and National Marine Fisheries is not included. 0 TASK 4.0 - GENERAL BIDDING SERVICES AND ENGINEERING SERVICES DURINGCN CONSTRUCTION Subtask 4.1 Bidding Services E CONSULTANT will respond,review and prepare responses to bidder questions,and provide support 4- to issue addenda. 76 Subtask 4.2 Shop Drawing Review The CONSULTANT will review shop drawings that the contractor is required to submit. , N Subtask 4.3 RFI Responses LO The CONSULTANT will review requests for information (RFI) submitted by the Contractor and provide responses. Subtask 4.4 Plan Revisions and Record Drawings E The CONSULTANT will prepare and submit plan revisions to address minor design changes, as a result of unforeseen field conditions or approved Contractor recommendations. At the project close-out stage, CONSULTANT will provide in PDF and CAD formats,record drawings of the project construction. TASK 5.0 - MEETINGS,.PROJECT MANAGEMENT AND QUALITY CONTROL 06 Activities performed under this task consist of those general functions required to maintain the project on schedule,within budget, and that the quality of the work products defined within this M scope is consistent with CONSULTANT's standards and the COUNTY's requirements. Specific c activities included are identified below: 0 Subtask 5.1 Project Kick-Off Meeting • CONSULTANT will prepare for and conduct a kick-off meeting for the project with County staff to review the scope of services, schedule and budget, and discuss initial design issues/preferences and gather any additional available data. (2 person x 8 hr.=l 6hr.) • 2 (two) design coordination/review meetings with County Staff (2 person x 2 hr.=4hr.) U • 2 (two) design coordination meetings with FDOT (1 person x 4 hr. =4hr.) W The CONSULTANT will prepare and distribute draft and final meeting minutes to all attendees. E Subtask 5.2 Project Management On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements Monroe County Packet Pg. 147 . C.3.c CL The CONSULTANT will perform overall project management for this project. This task will consist of project control activities inclusive of contract maintenance and administration, subconsultant coordination, and document control as follows: • Complete setup and maintenance of project contract, subconsultant agreements and files • Prepare monthly progress reports and invoices -119 • Prepare and update project schedule • Supervision and inter-disciplinary coordination c 0 Subtask 5.3 Project Quality Control(QC)Technical Review CONSULTANT maintains a QC program on all of its projects. Quality Assurance/Quality Control E (QA/QC) meetings are budgeted for and will be performed before submitting the deliverables. 4- ASSUMPTIONS c 76 0 The above described engineering services have been based upon the following assumptions: • The COUNTY will make the existing information available to the CONSULTANT in a timely fashion • The COUNTY will utilize its boilerplate front-end contract documents for bidding. If the CONSULTANT believes that significant changes or supplemental conditions are required to LO the COUNTY's front-ends, the CONSULTANT will discuss the recommendations with the County and provide a separate proposal for an amendment for additional scope and compensation • The COUNTY will provide review comments within two weeks of delivery of submittals requested to be reviewed • The COUNTY will be available for key meetings within two weeks of the requested date E • Construction inspection/RPR services are not included in this scope of work • CONSULTANT services for SFWMD and Contractor requests) for information are generally limited to those items covered within the scope of services provided here-in. Additional items, such as stormwater treatment facilities (ponds) and storm sewer design are not included within this scope of services and will require an addendum to this contract • The vertical extent of underground utilities will not be obtained for this project • The SFWMD ERP application will not include information related to wetlands and/or 06 threatened and endangered species. Additionally, permitting with other agencies other than SFWMD, such as the Army Corps of Engineers, Florida Department of Protection and National Marine Fisheries is not included.These services if determined to be required during the course of this project will require additional scope and budget c • COUNTY will pay all permit application fee • LiDAR information will be provided by the County to analyze the vertical data on the roads. DELIVERABLES CONSULTANT will provide the following deliverables to COUNTY: • Meeting minutes to all attendees (e-mailed in PDF format) • Conceptual design sketch to be included on 11 x17 sheets with aerial background. The W design sketch will include proposed limits of reconstruction, milling &resurfacing,as well as W the proposed exfiltration trench locations • Electronic delivery of the 90%design documents including, opinion of probable cost, draft specifications, and 90% plans • Three (3) hard copies (signed and sealed) and one (1) electronic copy of the 100%design package to include the updated 100%cost estimate ° On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements Monroe County Packet Pg. 148 • C.3.c CL • Shop drawing review transmittals and responses • Responses to RFIs (e-mailed in PDF format) • CONSULTANT project documentation for close-out • Monthly status reports (e-mailed in PDF format) -119 TIME OF COMPLETION/SCHEDULE 0 CONSULTANT shall commence work within seven (7) calendar days after issuance of a written ° notice-to- proceed from the COUNTY and the kick-off meeting will be scheduled within seven (7) calendar days of notice to proceed. A project schedule will be submitted to the COUNTY at the kick-off meeting.The total time allowed for completing the CONSULTANT's design services required under this Task Assignment is anticipated to be 9 months. Procurement is not under CONSULTANT'S control but is expected to last 4 months from advertisement to Notice of Award. Construction E services are expected to be completed in 18 months from the Contractor's notice to proceed date. c 0 COMPENSATION AND PAYMENT L For the Basic Services performed under this Scope of Work, the COUNTY agrees to pay the CONSULTANT a not-to-exceed fee of $255,891.71 for the Tasks 1.0 through 5.0 listed below and subconsultant services, partial payments to be made on a monthly basis in proportion to the LO percentage of work completed. For invoice purposes, only the value of each task is as shown in Table 1, below. COUNTY agrees,to pay CONSULTANT the not-to-exceed fee of $10,200 for other . direct costs.Subconsultants lump-sum fee is$90,003.00.The total value of this task authorization is $356,094.71 as shown on Table 1, below, and on the Project Fee Estimate on the following page. CONSULTANT will submit invoices on a monthly basis along With written monthly status reports. Table 1 Compensation > 0 CL Task Description Value No. 1.0 DATA COLLECTION & PRELIMINARY DESIGN $28,868.52 EVALUATION (not-to-exceed) 06 2.0 DESIGN AND PLANS PRODUCTION (not-to- $155,446.65 exceed) 3.0 ENVIRONMENTAL RESOURCE PERMITTING (not- $11,556.32 0 to-exceed) _ 4.0 GENERAL BIDDING SERVICES AND $25,237.22 c ENGINEERING SERVICES DURING CONSTRUCTION (not-to-exceed) 5.0 MEETINGS, PROJECT MANAGEMENT AND $34,783.00 QUALITY CONTROL (not-to-exceed) OTHER DIRECT COSTS-NOT-TO-EXCEED- $10,200.00 U TOTAL NOT-TO-EXCEED VALUE $266,091.71 X Subconsultants (Lump Sum)* $83,003.00 E TOTAL • • • $349,094.71 c� On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements Monroe County Packet Pg. 149 C.3.c CL Exclusions The following tasks are not a part of this scope: ❖ Signalization Design ❖ Environmental Engineering -119 ❖ Permit Fees ❖ Boundary surveys c ❖ Landscape Architecture Services ❖ Sea Level Rise Adaptation Analysis E 4- 0 76 0 N N LO c� 0 E 0 E 0 0 U X E I ' I On-Call Professional Engineering Services Proposal 1.Key largo III Roadway and Drainage Improvements Monroe County Packet Pg. 150 10 JBAOj dV) UZZ90-4381OAd 4U8W8Aojdwl a6euleja %R AempeoM III a -I A M- o u uay3 T U LA �M T V m n. N O }i � U RS G. c 0 0 2 v c c .. u o - o c co N H p C y u V pp W m •O E x 8 O 0 N D C 4 "°O 'O "O . U t O O«•m C O M a d 0 0 cc _ m c — C O! 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C.3.c CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 4/15/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: AJG Service Team Arthur J. Gallagher Risk Management Services, Inc. PHONENo.Extl 212 994-7100 FAAX No:212-994-7047 U) 250 Park Avenue,5th Floor IAIC.E-MAIL New York NY 10177 ADDRESS: GGB.WSPUS.CERTREQUESTS AJG.COM O INSURERS AFFORDING COVERAGE NAIC# ' INSURERA:LibertyInsurance Corporation 42404 N INSURED WSPGLOB-Dt INSURER B:Zurich American Insurance Company 16535 WSP USA Inc. One Penn Plaza INSURER C New York, NY 10119 INSURER D: INSURER E: E INSURER F COVERAGES CERTIFICATE NUMBER:557101607 REVISION NUMBER: - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS y CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 0- EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. t INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS t LTR INSD WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY B X COMMERCIAL GENERAL LIABILITY Y GLO983581906 4/1/2019 4/1/2020 EACH OCCURRENCE S 2,000,000 DAMAGETO RENTED J CLAIMS-MADE �OCCUR _PR EMISES Ea occurrence $300,000 N MED EXP(Any one person) $5,000 N PERSONAL&ADV INJURY $2,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 (j POLICY❑PRO ❑LOG PRODUCTS-COMP/OP AGG $2,000,000 X JECT OTHER: $ CL A AUTOMOBILE LIABILITY Y AS7621094060039 4/1/2019 4/1/2020 COMBINED SINGLE LIMIT $2 000,000 a+ Ea accident X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE S > AUTOS ONLY AUTOS ONLY Per accident O SCL UMBRELLA LIAB OCCUR EACH OCCURRENCE S EEXCESS LIAB HCLAIMS-MADE AGGREGATE S DED I I RETENTIONS S A WORKERS COMPENSATION WA762D094060019 AOS 4/1/2019 4/1/2020 X I PER AND EMPLOYERS'LIABILITY Y/N _ STATUTE ER H , ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $2.000,000 OFFICER/MEMBEREXCLUI N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000 06 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 2,000,000 O DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIRTY(30)DAYS NOTICE OF CANCELLATION. RE:Project#-188899;Project Description-Monroe County on-Call Professional Engineering Services Contract. Monroe County is named as Additional Insured as respects G era] is ility and Auto Liability policies,pursuant to and subject to the policy's terms,definitions, conditions and exclusions. BA1PP�, \\ DATE WAIVER A (S CERTIFICATE HOLDER CANCELLATION t) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE W THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County 1100 Simonton Street Key West FL 33040 AUTHORIZED REPRESENTATIVE ct ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 152 ACC)R" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 4/15/2019 166 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: AJG Service Team Arthur J.Gallagher Risk Management Services, Inc. PHONE FAX vy 250 Park Avenue, 5th Floor A c •212-981-2485 A/c No):212-994-7074 New York NY 10177 ADDRESS: GGB.WSPUS.CertRequests@ajg.com 0 INSURERS AFFORDING COVERAGE NAIC# + INSURER A:QBE Specialty Insurance Company 11515 N INSURED WSPGLOB-01 ' INSURER B: WSP USA Inc. One Penn Plaza INSURERC: New York, NY 10119 INSURER D: INSURER E: E INSURER F COVERAGES CERTIFICATE NUMBER:423594118 REVISION NUMBER: - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 0 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CL INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITSCL LTR INSD D POLICY NUMBER MMIDDIYYYY MMIDD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED �} CLAIMS-MADE OCCUR PREMISES Ea occurrence S N MED EXP(Any one person) S N LO PERSONAL&ADV INJURY SCD a GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY P O LOC PRODUCTS-COMP/OPAGG S ° OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Ea accident ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS 0 HIRED NON-OWNED PROPERTY DAMAGE $ y AUTOS ONLY AUTOS ONLY Per accident 0 CL UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE S 09 DED RETENTION$ S WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER tl(D ANYPROPRIETOR/PARTNER/EXECUTIVE F N/A E.L.EACH ACCIDENT $ OFFICER/MEMB ER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability QPL0022630 11/1/20111 10/11/2019 Per Claim/Aggregate $2,000,000 CLAIMS-MADE 0 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THIRTY(30)DAYS NOTICE OF CANCELLATION RE:Project*-188899;Project Description-Monroe County on-Call Professional Engineering Services Contract Oy B W R Sl MENTDAWA E 0 UJI CERTIFICATE HOLDER CANCELLATION t) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE UJI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN x ACCORDANCE WITH THE POLICY PROVISIONS. UJI Monroe County 1100 Simonton Street Key West FL 33040 AUTHORIZED REPRESENTATIVE rry ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 153 C.3.d AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES U) .. , �This Agree t ("Agreement") made and entered into this 11�day of J , 20en by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, 0 its successors and assigns, hereinafter referred to as "COUNTY," through the U Monroe County Board of County Commissioners ("BOCC"), AND —® a foreign corporation of the State of New York, authorized to do business in the State of Florida, whose address is 7650 Corporate Center Drive, Suite 300, Miami, Florida 33126 its successors and assigns, hereinafter referred to as "CONSULTANT", or"CONTRACTOR". WITNESSETH: -119 U) WHEREAS, COUNTY desires to employ the professional engineering services of 0 CONSULTANT for various County Projects located in Monroe County, Florida; and N WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects in which construction costs do not exceed $2,000,000.00, for E study activity if the fee for professional services for each individual study under the contract does not exceed $200,000.00. 4- 0 The professional services required by this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending 0 four (4) years thereafter, with options for the County to renew for one additional 1 year period. 00 Specific services will be performed pursuant to individual Task Orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific T- T- scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders. U X Execution of a Task Order by the COUNTY or County Administrator and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to ci proceed with the services described in the Task Order. The terms and conditions of this Agreement shall apply to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. c� NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: r Packet Pg. 154 C.3.d FORM OF AGREEMENT ARTICLE 1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied. 1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents. 1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to its performance and those directly under its employ. 4- 0 1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this Agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those 00 V- now in effect and hereinafter adopted. Any violation of said statutes, I- V- ordinances, rules and regulations shall constitute a material breach of this leg Agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. W X 1.6 At all times and for all purposes under this Agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this Agreement shall be construed so as to find the CONSULTANT or any of its employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. en 4i 1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or E aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this Agreement or with the provision of services or goods under this Agreement. 2- Packet Pg. 155 C.3.d ARTICLE II SCOPE OF BASIC SERVICES n� 2.1 SCOPE OF WORK The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in the Agreement and the 0 specific Task Order. c) 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an -119 authorized representative of the CONSULTANT. Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage pre- 0 paid, to the appropriate party by certified mail, return receipt requested, to the N following: For the Count°;: E Ms. Judith Clarke, P.E. Director of Engineering Services E Monroe County - 1100 Simonton Street, Room 2-216 Key West, Florida 33040 0 CL CL And: Mr. Roman Gastesi, Jr. Monroe County Administrator 00 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: U Ronald M. Colas, PE, SI x WSP USA Vice President—Sr. Area Manager 7650 Corporate Center Drive, Suite 300 Miami, Florida 33126 en ARTICLE III en ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the E COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. ° 3- Packet Pg. 156 C.3.d 3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV 0 COUNTY'S RESPONSIBILITIES U 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, and maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a time) manner pertaining to documents submitted by Y p 9 the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative 0 to the CONSULTANT if they become aware of any fault or defect in the N 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. E 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 0 4.6 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 00 responsibility for the accuracy, adequacy, fitness, suitability, or coordination of its work product. leg 4.6 The COUNTY shall provide copies of necessary documents required to c) complete the work. X 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. en ARTICLE V en INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful 4- Packet Pg. 157 C.3.d conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 6.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees U and warrants that it shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the CONSULTANT 119 U) the CONSULTANT agrees and warrants that CONSULTANT will hold the M COUNTY harmless and shall indemnify it from all losses occurring thereby 0 and shall further defend any claims or action on the COUNTY'S behalf. N 6.4 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. 0 ARTICLE VI PERSONNEL 00 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as W indicated: NAME FUNCTION Ronald M. Colas, PE, SI Principal In Charge LO LO Mauricio Paredes, PE Project Manager Andres Cardona, PE Deputy Project Manager Rodrigo Pigna, PE QA/QC Senior Engineer Eduardo Rodriguez, PE QA/QC Sr Inspector QAXQC Technical Advisors Joseph Todd Mitchell, PE Senior Engineer Dale Helms, PE Senior Engineer Ricardo Diaz, PE Senior Engineer Roadway Design Cecilia Villoria, PE Senior Engineer/Task Leader 5- Packet Pg. 158 C.3.d David Hubbard, PE Senior Engineer Jose Otero, PE Senior Engineer Yamila Hernandez, PE Senior Engineer Carlos Benavides, PE Project Engineer Dayami Cruz, El Project Engineer Hansel Ayala Project Engineer Odalys Miguel Senior CADD Technician Si nalization Design Amanda Kreiling, PE, PTOE Senior Engineer/Task Leader Bharathi Chigurupati, El Project Engineer Bridge U Roger Khouri, PE Senior Engineer Gino Ageno, El Project Engineer Deepak Sivasamy, El Project Engineer Ughtin,a Design Mark VanDeRee, PE Senior Engineer/Task Leader Grace Patino, El Project Engineer Bert Crouthamel Project Engineer Construction En ineerin & Inspection Pomsit Chakkaphak, PE Senior Inspector/Task Leader Keith Duke Senior Inspector Traffic Studies U) Charles Hart, PE, PTOE Senior Engineer/Task Leader M Somaye Fakharian QOM, PhD Project Engineer 0 Transportation Planning Studies cN John Lafferty Senior Planner Thomas Rodrigues, AICP Planner Shriram Ramaratnam Planner Drainage Design Sarah Amritt, PE Senior Engineer/Task Leader E Jacob McClish, PE Project Engineer Permitting 0 Werner Reinefeld, PE Senior Engineer Alan Sterental Project Engineer 0 Sea Level Rise Enninegring Services CL CL Mike Flood,AICP Senior Planner/Task Leader Jerald Ramsden, PhD, PE Senior Engineer 00 Building Structures Engineering Esteban Anzola, PE Senior Engineer V- Building Inspection &Assessment Glen White Contamination Assessment/Remediatlon w Curtis Dokken, PE x Kevin Cunniff Ecological Engineering ci Dylan Larson, CEP,PWS S William Mohler Environmental Permitting, Monitoring and Compliance Audrey Siu Rob Stewart Subsurface Utility En ineerin /Land Surveying ; Marty Rossi, PSM Senior Surveyor/Task Leader Karen Lynch Project Surveyor E Geotechnical Services/Material Testin Hugo Soto, PE Senior Engineer/Task Leader Rutu Nulkar, PE Project Engineer Civil/Site Design Andy Greenwood, PE Senior Engineer 6- Packet Pg. 159 C.3.d Eduardo Guinard, PE Senior Engineer Roberto Socorro, El Project Engineer Cecilia Martensson Project Engineer Mechanical Electrical and Plumbing& Fire Protection Jonathan Quintero, El Project Engineer Raisa Garrido Project Engineer Tony Gazzia Project Engineer L.andsca a Architecture Michael Kroll, FASLA Senior Architect Public Involvement U Sandra Walters Grant/Fundina Assistance Sean Libberton CL Thomas Rodrigues, AICP GIS/LIDAR Isabella Remolina Ted Covill, CP,PPS So long as the individuals named above remain actively employed or retained by the -119 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. o 0 N ARTICLE V11 COMPENSATION E 7.1 PAYMENT SUM 0 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the > CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 00 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations, and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment W Act 218.70, Florida Statutes. ' ci (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The CONSULTANT'S 7- Packet Pg.2JO C.3.d invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought as the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: 0 a. Expenses of transportation submitted by CONSULTANT, in writing, and U living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; and b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; and C. Postage and handling of reports. 119 7.4 BUDGET U) 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not 0 obligated to pay, any fees or expenses in excess of the amount budgeted for N this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be E modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is 0 contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and.its duration. ARTICLE VIII00 INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the U required insurance at all times that this Agreement is in effect. In the event X the completion of the project (to include the work of others) is delayed or , suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: 8- Packet Pg. 161 C.3.d A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute, Chapter 440. B. Employers Liability Insurance with limits of One Million Dollars ($1,000,000.00) per Accident, One Million Dollars ($1,000,000.00) Disease, policy limits, One Million Dollars ($1,000,000.00) Disease each employee. 4- C. Comprehensive business automobile and vehicle liability insurance U covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. 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 a ed agents or subcontractors or subconsultants an of its employees, Y9 including Premises and/or Operations, Products and Completed M Operations, Independent Contractors; Broad Form Property Damage and 0 a Blanket Contractual Liability Endorsement with One Million Dollars N ($1,000,000.00) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, E the period for which claims may be reported must extend for a minimum 0 of forty-eight (48) months following the termination or expiration of this contract. 0 E. Professional liability insurance of One Million Dollars ($1,000,000.00) per < occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If 00 the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. c) X F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. E c� H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as 9- Packet Pg. 162 C.3.d an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. I 0 ARTICLE IX U MISCELLANEOUS en 9.1 SECTION HEADINGS CL Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS U) The documents prepared by the CONSULTANT for this Project belong to the 0 COUNTY and may be reproduced and copied without acknowledgement or N permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS E The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board c of County Commissioners for Monroe County and the CONSULTANT, which > approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the 00 immediately preceding sentence, each party hereto binds itself, its I- V- successors, assigns and legal representatives to the other and to the It I successors, assigns and legal representatives of such other party. � 9.4 NO THIRD PARTY BENEFICIARIES W , Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) days' written notification to the CONSULTANT. c� B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. t 0- Packet Pg. 163 C.3.d 9.6 CONTRACT DOCUMENTS This Agreement consists of the Request for Proposals, any addenda, the 0 Form of Agreement (Articles I-IX), the CONSULTANT'S response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments A, B, and C, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the U i CONSULTANT will control. j d 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of N being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, E Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in 0 debarment from COUNTY's competitive procurement activities. 0 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 00 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. U CONSULTANT will promptly notify the COUNTY if it or any X subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be E retained for a period of five (5) years from the termination of this Agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and tt- Packet Pg�64 for four (4) years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the 0 CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES U c, This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 0 9.10 SEVERABILITY cN 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 0 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 0 terms, covenants, conditions and provisions of this Agreement would prevent CL the accomplishment of the original intent of this Agreement. The COUNTY S and CONSULTANT agree to reform the Agreement to replace any stricken 00 provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS U X The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. .. 9.12 BINDING EFFECT c� 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. 12- Packet Pg. 165 C.3.d 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID 0 CONSULTANT and COUNTY agree that each shall be, and is, empowered c) to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right -119 U) to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. The CONSULTANT 0 and COUNTY staff shall try to resolve the claim or dispute with meet and N confer sessions to be commenced within fifteen (15) days of the dispute or claim. Any claim or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida. E 9.16 COOPERATION E 4- 0 In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this 0- Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or 00 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. c, 9.17 NONDISCRIMINATION X CONSULTANT and COUNTY agree that there will be no discrimination ci against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC 13- Packet Pg. 166 C.3.d s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the U Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 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. -119 U) 9.18 COVENANT OF NO INTEREST 0 CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 4- 9.19 CODE OF ETHICS 0 COUNTY agrees that officers and employees of the COUNTY recognize and CL CL will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, 00 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. U X 9.20 NO SOLICITATION/PAYMENT ci The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 14- Packet Pg. 167 C.3.d 9.21 PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public LM records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in U conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive an termination or expiration of the contract. Y p The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. -119 Pursuant to Florida Statutes, Section 119.0701 and the terms and conditions of this contract, the Contractor is required to: c (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 at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and 4- exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to CL CL the County. (4) Upon completion of the contract, transfer, at no cost, to the County 00 all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are L) exempt or confidential and exempt from public records disclosure X requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of LO records, in a format that is compatible with the information technology systems of the County. LO (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. 15- Packet Pg. 168 C.3.d If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this c) provision or as otherwise provided by law. en IF THE CONTRACTOR HAS QUESTIONS REGARDING THE AP PLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADL:EY AT PHONE# 305-292-3470 BRAD LEY-RR I AN&MONROECOUNTY-FL.GOV U) MONROE COUNTY ATTORNEYS OFFICE 111 TH .1 12 0 w Street SUITE 408 KEY WEST FL 33040. CN 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance 0 coverage, or local government liability insurance pool coverage shall not be > deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 00 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, cs ordinances, and rules and pensions and relief, disability, workers' W compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, ' when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the l6- Packet Pg. 169 C.3.d obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or 0 entitlement to or benefit of any service or program contemplated hereunder, c, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION -119 CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics c Statement, and a Drug-Free Workplace Statement. Signature of this N 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, E complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to - inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one (1) year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY 00 No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or L) employee of Monroe County shall be liable personally on this Agreement or X be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 FEDERAL CONTRACT REQUIREMENTS. 17- Packet Pg. 170 C.3.d The Consultant and its subconsultants must follow the provisions as set forth in Appendix I I to Part 200, as amended, including but not limited to: 9.29.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract' in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). 9.29.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by 0 Federal program legislation, all prime construction contracts in excess of U $2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all c suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, - completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. In accordance with the Davis-Bacon Act, the CONTRACTOR or their subcontractors shall pay workers employed directly upon the site of the work 00 no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The current prevailing wage rates can be found at: www.access. po.gov/davisbacon/fi,htmI under Monroe County. U 9.29.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). X Where applicable, all contracts awarded by the COUNTY in- excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or 18- Packet fp1l C.3.d articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.29.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must 4- comply with the requirements of 37 CFR Part 401, "Rights to Inventions U Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.29.6 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended, Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency -119 and the Regional Office of the Environmental Protection Agency (EPA). 0 9.29.6 Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive E Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded - by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. L_ CL 9.29.7 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. 00 Each tier certifies to the tier above that it will not and has.not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of U Congress in connection with obtaining any Federal contract, grant or any X other award covered by 31 U.S.C. 1352. Each tier must also disclose any , lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 9.29.8 Procurement of recovered materials as set forth in 2 CFR § 200.322. Other Federal Requirements: 9.29.9 Americans with Disabilities Act of 1990 (ADA) The CONSULTANT will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONSULTANT pursuant thereto. 19- Packet Pg. 172 C.3.d 9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the c) performance of this Agreement: In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.30 The Consultant and sub cosultants shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract and shall expressly require any subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of c Homeland Security's E-Verify system to verify the employment eligibility of N all new employees hired by the subconsultant during the Contract term. 9.31 The Appendices I, A and E of the FDOT Standard Professional Services Agreement are attached hereto as Attachment B and the Certification for Disclosure of Lobbying Activities on Federal Aid Contracts, the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for - Federal Aid Contracts, and the Conflict of Interest/Confidentiality Certification are attached hereto as Attachment C and all made a part hereof. 00 I TNESS WHEREOF, each party has caused this Agreement to be executed by authorized representative on the day and year first above written. U X BOARD OF COUNTY , ` ) COMMISSIONERS est: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA B ", Deputy Clerk y MayorfCh B : airmad .. Date �a.a l f MONROE COUNTY ATTORNEY'S OFFICE F20- ,I1J",�O\I�EIIASPATRICIA EAGLES ASSISTANT COUNTY ATTORNEY DATE: Packet Pg. 173 C.3.d (Seal) me JLTANT.,, ;fittest; BY; Q-1 B' kv 9- 0 Title� �e Title END OF AGREEMENT is z CL U) 0 cN E 4- 0 0 CL CL Co x ci CL E c� 21- Packet Pg. 174 ATTACHMENT A CONSULTANT RATES U) 0 u z U) 0 CN a 0 E E 4- 0 0 co u w x ci E .a u 22- Packetfg. 175 C.3.d 7650 Corporate Center Drive I Suite 300 e8t Miami,Florida 33126 Direct:305-514-3144 www.wsp.com December21,2017 Monroe County 0 102050 Overseas Hwy,Suite 229 U Key Largo,FL 33037 Attn: Debra London Re: Monroe County On-Call Professional Engineering Services Contract Dear Ms.London: Pursuant to your request,below are the firm's burdened labor rates proposed for the reference contract. Should you have any questions or need additional information,feel free to contact me. JOB CLASSIFICATION BASIC HOURLY RATE Chief Engineer $308.93 r) Clerical $106.71 Co Planner $136.74 O Principal in Charge $315.51 CJ Project Engineer $156.11 Project Manager $197.86 Senior Construction Manager $281.30 Senior Planner $217.55 E Senior Project Engineer $212.03 4- Senior Project Manager $238.94 O Senior Structural Engineer 316A5 y O Senior Traffic Engineer $172.72 i Traffic Engineer $113.94 O 00 With kind regards, WSP USA x Mauricio Paredes,P.E. Project Manager U c5 23= Packet Pg. 176 C.3.d ATTACHMENT B APPENDICES: I, A and E OF THE FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT 0 u I U) 0 cN E 4- 0 0 CL CL co x ci CL 4i E c� 24- Packet Pg. 177 C.3.d LOCAL AGENCY RaRR.fXrR'4R'waDRRDECRA AID TER R 375-060-e4 Fov PROFESSIONAL�,RuR�VR(ES t.ON GRR.�f.TS a*rsoc€ararrnreawnmetar_w5 � r° u mr a LSd U) The folloawing terms apply to all:contrads in which it is indicated that the services rinvolve the expenditure of federal funds: >j A. It is understood and agfeed that roil rights of the Local Agency re4ating to inspection review,approvsl„ � patents,copyrigh1s,and audit of the work,era drag,plans,specilications,maps,data,and cost records r slating to this Agreement shall also W reserved and he lid!by outhorU d representatives of the United) 0 States of Arnerica,. L) S, it is understood and agreed that,in osrder to,penatdt fusederal participalliorru„no suppleonentag egreenient of any nature nt¢ay Harr entered In#o by tiros pandas hereto,With regard too the work to be pert,mead here under without ut the approvat of#a Ld.S.Gtapertrnent of nansportatlon,anything to the contrary In this Agiraarraant notwithstanding, to C. Compflancavolh Regulai The Consultant shalt simply width the Regutation&relative to,nondsscriminatiora in � Federally-assisled programs,of the Lt.$.Dapartirrent of Transportation Title 4%Code of Federal Regulations,Pan � 21,as they may be aniendisd from time to time,(herehaftor referred to as the Rep alionsy„*htch are herein to inceeporatid by reference and made a,part of this Agraernent. 01 Nondiscrimiri The Consultant„with regard to dire arvork pedornted druitng ft contractor shall not discrinir tle *" on the basis of race,color,national or[gin,sera,age„rddssWity„religion or farnify+status in the selection and retention � of subcontractors,iunctuding procurements of material and leases of equipment. The Consultant shall not s participate either directly or ondkedyp in the discrimination prohibBted by Section 21.6 of the ReguIabons,including arnploynwent practicas vAen the contract covers a program set forth in Appendix S or the Regulations, � 0 E. Sol'Ucifatrons for Subcontracts,dncludin procurements of Materials and pquornent In all sokOauons made by the Consultant,either by competitive b�ddsng or negOatlon for work to be performed under a saubconlract, ee! including pros urenients of makenals and leases of equipment,each potential subcontractor or supplier shall be � notified bsy the Consultant of ft Consultant's ob4gations under this contract and the Ra gWalions relative to � nondiscri minati'on on lie bases of race,color„natlonaad or4n ,x,age,dusabltify,re9igic i or fan l,yr status, 0 a.+ F, Inforniatioa and Roports The Consultant wit provide all Wornaation and reports required by the Regulations,or N drrectivas rued pursuant thereto,and shall permit access to its books,records„accounts,other sources of � inkofmation,and its facilities as niaybe determined by the Local Agency Fronds Npaitirriant of Transportation, � Federar Higli way Adtruindatration Federal Transit Administration,Federal Aviation Adminkstraddoaro„andlor Federal dd Motor Carrier Safety Adnrtarstration to be pertinent to ascertain compliatics vAth surd RegloWtions,ordeis and E lnsrx act ins. Where any lnfoaa-natdon,required of the Consultant is in the exduslve possession of another wdto fails or � rebuses to fumi'sh this information.the Consultant shall so ceirtltly to the Lit Aqericy FloridaDepartment dap Transpaartatuon,Federal,Fllighway Administration,Federal!Transit Admirdstration,Federal Aviation Administration, antilor tine Federal fvlatar Carrier Safety Admanietratdon as appropriate,and shell set forth what efforts If has merle to � Obtain the anfosmaNion. 4— 0 C. Sandlore for oncomli In the event of the Consultant's noncomprianrewith the norxiiectimination provisions ofthiscontrad,the Local Agency shall impose such contract sanctions as it or the Florklia Departnwrit M ofTraurnsportati n,Federal Transit Administration Federal Aviation Admanisuatt andlo� al Fed Mir Camor Safety Admindshatlon tray datermdne to Cie apptap data„including,but not limited to, 0- CL r. witfilr rug of paylvionits to the Consultant under the contract until the Consultant cornpiros andferr CL 1 cancellation,mrrlifnation or suspension of the contract,in raahoda or in apart, 00 H. I'ncorporaation or Provisions: The Consultant veil incla,rde the provis or*of Paragraph C through I In every subcontract,inclucda"ng procurements of materlals and leases of sq,Wpinent unless exempt by the RegJaifions oeder„ t� oa instr uctdorus 6 seta puarsuant tkierato. The Consrtlant shall take such action with respect to any subcontmsct or pp�ocurernent as the Local Agency,Florida Department of Transportation,Federal Highway Adnnrnrstratdon Federal s� q rarisit Admini s,tratton„Federal Aviation Administration,andfor the Federal Motor truer Safety Adnainistration may a direct as a means of enforcing such provisions,including sanctions for noncompliance In this eventa Consultant. U f�anraes involved in,or is thmatfinedwith,ditigair ^eai4h d subconsultant or sur let as a rosardt of such direction, W the Consultant roan reapuest the Local Agency to enter into such litigation to protect the ontarest+s of#die Local y� A s y.and lit motion,the Consultant may request the United States to enter Into such I#hgatlson to protect the W interests of the,United States. a h Compliance with Nor dlscrimiinatiion Stahtas and Aukhorii Title Ell of the Civil Rights Act of 1964 i42 U S.C.§2.01 at � q,78 staff,2512j,(iprsdhibdts clisc6ninai on Idea basis of race,color national origin),and 49 CFR part gf;The LUnidbrrn � Relocation Assistance and Feral Propars;p Acquisipfon Policles Act of 1970,t42 U.S.t;• 460 1),tprohitkls unfair treatment 6/S a� E U 25- Packet Pg. 178 C.3.d tt('Al 1t.44',".,M'�x Y &'R AAf kd�w1'] F C d,-.+H 1"4.1�LL "'AID &1 p'Mh s 375-040-84 �'o �#�'�H H�ISSI�H$"At.,SERVICES('� MR-16��� Pcucen�4n4Arancemerer 04115 Papa 2 ar 3 of persons displace'or wmwhase property has been acciuked because of Feral or Federal-aid programs and projects'), U) Fadaral-Aid Highway Act of 1973,(23 U.S.C.§32A at sei dprohdbits dlscruuminatton on the basis of sax),Section 504 of � the Rehabilitation Act of 1973,(29 U.S C.§794 at s q.)„as amended,(prohibits discriminalion on the basis of disabddity), and 49 CFR Part 27; The Age Discrimination Act of 1976, as aunanded, l42 U,S,C. § 6101 at seq.), (prohibits discrimination on the basis of age),Airport and Aliwnray,Improvement Act of 198Z(49 USC§471„Section 47123).as � amended,(prohibits dlscrintpnation based!on race„creed color,national pr to or sax)„Tha Civil Rights Restoration Act of 19,67,1P1.100-205p,geroadened the scope coverage and aappR'dcabdity of Title Vfl offhe CiAt Rights Ad of 1964,The Age Mirviruinatpon Act of 197'6 and Section 604 of than Rehabilitation act of 1973,by expanding the definition of the 0 terms"prograrrus or activittes°to Include all of the programs or activdllas of the Federat-aid ueciplonts„sub•recipionts and U contractors,whether such programs or,activities are Federally funded or note,Tiflas it and III of he Americans„r+ith Disabififies Act which prohibit discrimination on the basis of disability in the operation of public entWes,publto and private transportation syslen's,places of public accommodation„and certain testing entities(42 U.S.C.% 12131 •-$2160)as � implemented by Department of Transportation regulki1ons at 49 C.F.R. parts 37 and 33; The Federal Avtallon to Administration's Non•discr�mninatlon statule p49 U.S C.§47123p(parohZlbits discrimination on the basis of race, color, national origin, and' sex); Executive Corder 12356, Federal actions to Address Environmental Justice inMinority CL Populations and Lao-Income Popuutatrcni winch ensures non-discrini pgaunst mInolityr populations by to discouraging prograa'ns,policies,and activities with disproportionately high and adverse human health or enwironmentaG effects on minority and low-income populatidns;Executive Order 13166 improving Access to Services for Parsons Mlh IUnritad EngtlYsh Proficiency, anidi resu44rng agency quklance, natiorral origin discrimination incdudas tk5airrrtrination _ because of limited English prohcdanoy 4L Pp, To ensure compliance with Title Vt,you must take reasonable steps to � ensure that.LEP persons have meaningful access to your programs q70 Foot Reg.at.74097 to 74100p,Title IX of the � Education Amendments of $972„as amended, which prohibits you frorn dieckiliunsfing because of sex in education qp programs or adivttisks(20 U 4,'1661 at secp), � 1 Rntesest of Members of Congresst No,inerraber of or delegate to the Congress of the Untted States Y 4l be 0 admitted to any share or part of this ccntracl or to any benefit arlsing thaeraftom. -119 U) k Interest of Public 01ii No member„officer,or emit rea of the pukArk:body or of a tonal public body during hism lanura 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 poliffical subdrvasions of Slates;and 0 public corporations,boards,and cornmussions established kinder the laves of any State, N L. Parktcipaticin by Dsativanfaged Business Entruprdsew The Consultant shalt agree to abide by the follo i � statement from 40 CFR 26,,'1311, This statemants shall be included in all subsequent agreements betvmen the 0 Consultant and any subconmuttant or contractor, The Consultant,slab recipient or subcontractor shelf not discriminate,on the baste of race,cofor.relional C origin,or sax In the performance of this bontracl. The contractor shall carry out applicable requirements of 0 49 CFR Part 26 in the sward and adnrroinistaatuon of DOT-assisted contracts, Failure,by the Consultant to carry out these requirements is a material breach of this contract,which may result in Eeminagaon of this < contract or other such remedy as the recipient dei approprkate. 4- 0 q1 is mutually understood and rued that the w„ailWful fae fdcation distortion ar misropuesanlaf¢ora swills aesped to any �. facts related to the proyectfay�scai d In this Agreement is a vrotalicxt of the F i Lawn,A angliy,Unatad States Cade,Title 18,Section 1p20,is herd incorporated by reference and made a part of this Agiseniera. L- t4. It is understood and agreed that if the Consultant at any fime reams that the cerfaficataon it provided the Local CL Agancy In compliance^vhh 4g CFfd,'Section 26.61,was erroneous whan salbirittaed or has:become,erroneous by CL reason of claunt�ad circumstances,the Consultant shall provide immediate,written nonce to the Local Agency.Ill is � further aid It at the clause tilted"Cerfificatkan Rerred"u Debarment,Suspension,ln6 tisi ity and V'oliantany Exclusion-Lo+miler T1ar Covered iTranstuc iort'as set forth in 49 CFR Section 20.510,stall be Pnclui4ad by the 00 Consultant in all Iowyer tier covered transactions and in all aforarnentionecl federal regulation. � . The Loi Agency hereby oerafies that neither the consultant nor the consudtant"s representative has been required x by etas Local Agency,directly or Indirectly as an express or implt'ad condition In canne $cri inftBa obtaining or LL cairyyi'ng out this contract,to U 1. employ or retain,or agree to employ or retain,any firm or person,or W 2, pay,or agree to pay,to any famm,person,or orga�ndzatipn„any fee,oanlnbiatton,c oruatdon,or consWerafion LL of any kind; U The Local Agency funhar acknowledges that this agreement Nflt be,furnished to a federal agency„kt connection writhe this contract invofv'ing participation of Faderaf-Add funds.and is subjerut to applicable State and Federal Laves„ � to to CL U m 26- Packet Pg. 179 C.3.d Y.,rO0.,_A '1(34aN Y PAA.Q„A(TR,.ANR 9'"S.AlER.'AI AAD TA"',L\}`IS 3754MO-84 For PROGRAM MANAGFMFNT PROFESSIONAL SERVICES CONTRY"I'S P 3 W 3 0 U) both criminal and civil: P. The Consultant hereby certifies that it has not: t. ernployed or retsaned for a commsston„percentage,brokerage,confingent fee,or other consideration,any, forma or person(oil r than a bonaFide ernplayse working solely for the above oontr�ador)to solicit or secure 0 this contract; U agreed,as an express or lrtmpdied condition for obtadning this contract.to employ or retain the saruicas of any firm orperson in connection�Ah carrying out this=tract,or to 3, paled,or agreed to pay,to any firm„omgani ation or pemn(other than a bona fide employee workong solely for the above contractors any fee contribution,donation„or consideration of any kind for,.or n win�ecdion w4h, to procuring or carrying out the contract. The consultant further acknowledges Met this agreement,Nlll be fun( hed to the Local Agency,the State of a_ Florida Department of Transportation and a federal agency in connection wrth this oortUacl involving participation of Pedeaat-Aid funds and is subject to appli'oable State and Federrai 9.zas,bath criomenal and clwol. � eu t) 0 N E E 4- 0 0 L- r r co a a U X a C; CL c' 27- Packet Pg. 180 APPENDICES A and E Revised 01/2015 P U) During the performance of this contract,the contractor,for itself,its,assignees and successors In interest(hereinafter referred to as the"Contractor")agrees as follovis: (1 Compliance with Regulations.The Contractor shall comply with the Regulations relative to 0 nondiscrimination in Federally-assisted programs of the US, Department of Transportation 4- (hereinafter, "USDOT") Title 49, Code of Federal Regulafions, Part 21, as they may, be U z amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. < to (2)Nondiscrimination: The Contractor, wilh regard to the work performed during the contract, (L shalll not discriminate on the basis of race, color.,national origin, sex, age,disability, religion to or family status in the selection and retention of subcontractors, including procurements of 3: materials and leases of equipment. The Contractor shall not participate either directly or a 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. (3,)Solicitations for Subcontractors,including Procurements of Materials,and Equipment: 0 In all' solicitations made by the Contractor, either by compefifive bidding or negotiation for -119 U) work to be performed under a subcontract,including procurements of materials or leases of equipment,each potential subcontractor or supplier shall be notified by the Contractor of the 0 Contractor's obfigabons under this contract and the Regulations relative to nondiscrimination on the basis of race,color,national origin,sex.age,disability,religion or family status. C14 (4)Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto,and shall permit access to its books, E records,accounts,other sources of information,and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety E Administration to be pertinent to ascertain compliance with such Regulations, orders and < 4- instructions. Where any information required of a Contractor is in,the exclusive possession of 0 another who fails or refuses to furnish this informatron the Contractor shalli so certify to the '@ Florida Department of Transportation, the Federal Highway Administration, Federal Transit > 0 Administration, Federal Aviation Administration, andlor the Federal Motor Carrier Safety L- Administration as appropriate, and shall set forth what efforts it has made to obtain the CL CL information. (5.)Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the 00 nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration. and/or the Federal Motor Cartier Safety Administration may determine to be appropriate,including,but not limited to: U W a, withholding of payments to the Contractor under the contract until the Contractor X W complies,and/or b, cancellation,termination or suspension of the contract,in whole or in part, (6.)Incorporation of Provisions: The Contractor shall include the provisions of paragraphs(1) Borough (7) in every subcontract, including procurements of materials and leases of to equipment, unless exempt by the Regulations. or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the (L Florida, Department of Transportation, the Federal Highway Administration, Federal Transit cat 28- Packet Pg. 181 Administration, Federal Aviation Administration, andlor the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including: sanctions for zsr noncompliance. In the event a Contractor becomes involved in, or is threatened with, 0V) litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the Florida, Department of Transportation to enter into such litigation to protect the interests of the ftrida Department of Transportation, and, in addition, the Contractor may _j request the United States to enter into stich litigation to, protect the interests of the United States, 0 L) f (7.)Compliance withi Nondiscrimination Statutes,and Authorities: Title VI of the Civil Rights z Act of'11964(42 U.S.C.§20,00d at seq., 7'8 stat.252),(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform, Relocation Assistance and to Real Property Acquiisit!ion Policies Act of 1970,(42 U.S.C.§4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid! CL programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C, § 324 et seq.), to (prohibits discrimination on the basis of sex), Section 504 of the Rehabilitation Act of '1973, (29 N .S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability)„ and 49 CFR Part 27:The Age Discrimination Act of 1975„as amended,(42 U S.C.§6 101 et seq.), (prohibits discrimination on the basis of age)-,Airport and Airway Improvement Act of 19,82, (49 USC §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin,or sex); The Civil Rights Restoration Act of'1987,(PAL 100-209)1, 0 (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Actof 1964, -119 V) The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or activities to include all of the programs or 0 activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or noun Titles, ill and 1,11 of the Americans with CN Disabilities Act, which prohibit dis,chmination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation,, and certain:testing,entities (42 Ll&C,§§ 12131 -- 1218,9)as implemented by Department of E Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation 9= Admi i nistrati on's Non-discrimination statute (49 UI,S,C. § 47123) (prohibits discrimination on 0 the basis of race, color, nationall origin,and sex),, Executive Order 12898, Federal!,Actions to E Address Environmental Justice in Minority Populations and Low-income Populations, which 4- ensures non-discrimination against minority populations by discouraging prograrns, policies,, 0 and activities with disproportionately high and,adverse human health or environmental effects on minority and low-income populations: Executive Order 13166, Improving Access to 0- Services for Persons with Limited! English Proficiency, and resulting agency guidance, CL national origin discrimination includes discrimination because of limited English proficiency CL (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 74 100): 00 Title IX of the Education Amendmenis, of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities,(20 U.S.C. 1681 et seal). U W X ci co (L E 2 29- L Packet P9. 182 C.3.d ATTACHMENT C Certification for Disclosure of Lobbying Activities on Federal Aid Contracts Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid Contracts 0 U c� E 4- 0 0 00 - T- U X ci E c� 30- Packet Pg. 183 C.3.d 37s PROCUREMENT ' 1=1 n� CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL-AID CONTRACTS (Compliance with 49CFR, Section 20.100(b)) The prospective participant certifies, by signing this certification,that to the best of his or her knowledge and belief: U (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the LO undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency,a Member of Congress, an officer of employee of Congress,or an employee of a Member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, 0 or cooperative agreement,the undersigned shall complete and submit Standard N Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 0 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C, C, The prospective participant also agrees by submitting his or her proposal that he or she <- shall r r that the language of this certification be included in all lower tier 00 sub ntract',which exceed $100,000 and that all such subrecipients shall certify and di lose a ordingl _ a o ultant: t3 W 13 : Date: Authorized Signature Title: CL c� 31- Packet Pg. 184 C.3.d STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375 0,30-3. CERTIFICATION REGARDING DEBARMENT,SUSPENSION, PROQJREMENY 17t75 INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS (Compliance with 2 CFR Parts 180 and 1200) It is certified that neither the below identified firm nor its principals are presently susper ed propo for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any federal pa in,' agency. Name of ConsultanttContractor By: 2 t3 � . Title: In 1n_§tEqcliQn.s ford CoAffig-1-tan, CIL Instructions for°Certification-tower Tier Participants: (Applicable to all subcontracts,purchase orders anti other tower tier transactions requiring prior F'HWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and 1200) a.By signing and submititng this proposal,the prospective tower tier is providing the certificalion set out below, � eu 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 IanovwGngly rendered an erroneous certrficadon,In 0 addition to other remedies available to the Federal Covemment,the department,or agency with which this transaction originated -� may pursue available remedies,Including suspension andfor debarment, e) r The prospective lower tier participant shall provide Immediate written notice to the person to which this proposal Is submitted If O at any time the prospective lower tier participant leams that Its:certification was erroneous by reason of changed circumstances. CN d,The terms"cowered transaction,"'debarred""suspended,'"ineligible,""participant,"'"person„""principal,"and"voluntafffy excluded,"as used in this clause,are defined in 2 CFR Parts 1801 and 1200.You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations "First Titer Covered Transactions"refers to any covered transaction between a grantee or subgrantee:of Federal funds and a participant(such as the prune or general antradt) "'Lower Tier Covered Transactions"refers to any covered transaction udder a First'f ler Covered Transaction(such as subcontracts:). � °Flrst'Tier Participant"refers to the partsolpanf who has entered Into a crave-rent transaction with a grantee or subgrantee of Federal funds(such as the pirime or general contraclor)."Lover Tief Participant"refers any partucapant^wrho has entered into a E covered uansaclaon with a First Tie'Parl cipant or other Lower Tier Participants(such as subconlr^aclors and suppliers), ,- O e.The prosperAive lower tier participant agrees by submilling this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any tower tier covered transaction vwath a persona who us debarred,suspended, > declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authonzed by the departs or 0- agency wwwith which this transaction ofiginaled. CL CL f,The prospective lower tier participant further agrees by submitting this proposal that it will include this clause rifled < "Cedi icalson Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusions-Lover Tier Covered Transa Lion'without ota modification.In all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the � 25„0410 threshold � g.A participant in a cowered transaction may rely upon a cantfication of a prospective participant in a lower tier covered � transaction that is not debarred,suspended„ineligible or voluntarily excluded from the covered transaction,sinless it knows that � the certification is erroneous.A participant is responsibte for ensuring that its principals are not suspended debarred,or W otherwise ineligible to participate in covered transactions.To verify the eligibility of its principals,as well as the eligibility of any, X lower,tier prospective participants„each participant may,but Is not required to,check the Excluded Parties fist Systenn website W (https�lhyww,epls.gov/)i,vl),which is compiled by the General Services Administration: ci h.Nothing contained in the foregoing shalt be construed to require establishment of a system of records in order to render In good faith the cerlifrcation required by this dtause.The knovAedge and information of participant is not required to exceed that � which is non°nally possessed by a prudent person in the ordinary course of business dealings, i Except for transactions authalized under paragraph a of these Instfuctlons,If a parti dpant into covered transaction knowingly enters into a lower tier iaeveired trainsactiaan with a person who is suspended,debarred,ineligible,of voluntarily excluded from In 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 avadlebte remedies,including suspension andfor debarment. E c' 32- Packet Pg. 185 C.3.d STATE OF FLORIDA DEPARTMEW OF T SPORTAMN 31'i-Q3tt-50 CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PRD uRrMG;Iv"' D&;C;—Ddt1'l FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS I cenulty that I have no present conflict of interest,that.I have no knowledge of;may conflict of interest that may firm may have,and that I � will recuse my^setf from any capacity of decision making,approval,di'sapprovat"or recommendation+ma any contract if I have a conflict of t) 0 interest or a polentiat conflict of interest, consultants1contractors are expected to safeguard their ability to make objective,fair.and impartial decisions when perc mrrwng work for � the Department.and therefore may not accept benefils or any sort under cirmw instances in which it could be inferred by a reasonable � observer that the benefit was intended to Influence a pending or hawre dewdston of theirs„or to reward a past decision Consultants performing�An rk for the Department should avoid any,conduct(^whethei in the context of business,financial of social relationships) 0 Mijch might undermine the public trust,whether or not Vial conduct is unethical or lends itself to the appearance of etlmcal Impropriety, 4- i will maintain the confidentiality of all'information not made public by the MorWa Department of Transportation C Depanment)releate€9 to the procurement of the above-ceferencectl("Pro,oct")that I gain access to as a result of my involvement Ath the Project('Procurement � Inforniation",p.p understand That Procurement Information includes,but is not limited to..documents prepared)by or for the Department to related to procurement of flee Project,f also understand that Procurement Inforniation includes,but is net fimbed to,documents � submitted to the Department by entities seeking an aarwaird air the Project("Proposers"),I understand that procurement Informallon meat,+ p� include documents submitted by Proposers related to letters all r esponsedetters of interest,technical proposals,price proposals, (0 financial proposals,and infonmation shared during exempt meetings,I also understand that Procurement information may also Include doctiments That evaluate or review,documents submitted by Proposers,and information regarding Project cost estimates.I also agree � not to discuss the Phropect+wide anyone w+rho is a rmemberr of or acting on behalf of a Proposer, Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General,I wilt not divulge any � Procurement Information ex"pt to individuats vMo have executed a Conflict or InteresspConfrdentbaWl CerCuflcalion which has been 0 approved by the Department("Profect'Personnel'),f understand that a test of Project Personnel All be maintafned by Department. if t "a am contacted by any member of fire public or Me media wwith a request for Procurement fnfoTmation,i will promptly fbnmaref such 0 request to the Department's,Procurement Office.I will of ro maintain security and conta ii over all documents containing Procurement -ldc Informahon which are In may custody„ re! M l agree not to sottilt or accept graturtfes,unwarranted privileges or exemptions,favors,or anything of value from any firm under consideration for an agreement associated villa the Project„and I reccginixe that doing so may be contrary to statutes"ordinari es,and 0 niles governing or applicable to the Department or may other re be a violation of the law, N I agree not to engage in Wd tampering,pursuant.to Section 838 22.Florida Statutes. � r� l realize trial violation of the above mentioned standards oouid result In the teaarttnation of my voila for the Department, f further real i that violation of the above mentioned statute*would be punishable in acoordancewith Section 8 38�.22,Florida Statutes,. t3 Advertisement No./ Description Financial Project Number(s) � No Solicitation 4- 1 0 . �........,..w > 0 CL CL Each undersigned individual agrees to the toes Sign a Date s o Cs Conflict'f Interest/Confldentiality Certification. 00 i Namata Primed "7 ........- — l ....... .................. a U X i U 33- Packet Pg. 186