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HomeMy WebLinkAbout2006-163WORK ORDER NUMBER HH -1 FOR DESIGN OF REPAIRS TO WABASSO CAUSEWAY EAST & WEST FISHING PIERS This Work Order Number HH -1 is entered into as of this 16th day of May , 200 6 by and between Indian River County, a political subdivision of the State of Florida ("COUNTY') and Hardesty & Hanover LLP ("Consultant') pursuant to that certain Standard Professional Services Agreement [Contract No. C8E76; FDOT Financial ID No. 25061523202 dated March 22, 2005 ("Agreement'), by and between State of Florida Department of Transportation ("Department') and Hardesty & Hanover LLP as Consultant. 1. Pursuant to the Agreement, the Consultant hereby represents and warrants to Indian River County, Florida that: A. the Agreement is attached hereto as Exhibit 1 and incorporated herein by this reference; B. Consultant will perform the services set forth in Attachments 1, 2, and 3 attached hereto and incorporated herein by this reference for Indian River County, Florida under all of the terms and conditions of the Agreement; C. All references to Department in the Agreement shall be deemed to mean Indian River County, Florida D. Consultant will submit all payment invoice(s) to Indian River County, in form satisfactory to Indian River County, Florida; and E. Indian River County, Florida, will be named as an additional insured, or afforded coverage under, as applicable, on all of the types of insurance set forth in the Agreement. 2. In accordance with applicable Florida law, the COUNTY has selected the Consultant to perform the professional services set forth on Attachment 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Attachment 2, attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Attachment 3, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the appropriate terms of the Agreement shall be deemed to be incorporated in this Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT Hardesty & Hanover LLP. a Til BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY . il�e,od: Attest: J.I,:'Barrta7n, Deputy Clerk Approved: Josep aird, County Administrat r to form and legal sufficiency: E. Fell, Assist 666rty Attorney [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] ATTACHMENT 1 TO WORK ORDER HH -1 PROFESSIONAL SERVICES DESIGN OF REPAIRS TO WABASSO CAUSEWAY EAST & WEST FISHING PIERS SCOPE OF WORK: BACKGROUND: On 1-16-06 the FDOT's bridge inspection consultant inspect the Wabasso Causeway east and west fishing piers. The subsequent report identified several significant deficiencies and failures, consequently the FDOT recommended closing the East pier in it's entirety until it is replaced and the west pier be repaired immediately to maintain it's service and possible closure until repairs are accomplished. The scope of this project entails professional design services to provide restoration/replacement of the piers. SCOPE: CONSULTANT will provide the following: 1. Inspect East & West Piers to locate all deficiencies 2. Contract Plans - 50% and Final Submission with cost estimate 3. (2) Plan Review Meetings Contract Plans and associate Specifications as anticipated and provided by the CONSULTANT will include the following drawings: 1. Key Sheet 2. General & Structural Notes and Table of Quantities 3. Plan & Elevation and Typical Section 4. Bulkhead Repairs/Sidewalk undermining 5. Pile and Pile Cap Repair Location Plan and Crack Repair Detail 6. Pile Cap Reconstruction 7. Beam Repair Location Plan & Repair Detail 8. New Beam Details 9. Deck Section Details 10. Deck Repair Location Plan and Repair Details 11. Railing and Lighting Details As per the 1-16-06 FDOT inspection report, the CONSULTANT will include the following repairs in the contract plans: West Fishing Pier: Top of Deck: Patch all concrete spalls, seal all cracks wider than 1/32", clean and seal top of deck with a penetrant sealer. Replace lighting system. Concrete Beams: Clean and seal all cracks wider than 1/32". Remove all unsound concrete, restore exposed prestressed cables, and apply a corrosion inhibitor, patch all spalls. Replace Beam 10-1 Pile Caps: Remove all unsound concrete, patch all spalls, clean and seal concrete. Clean and seal all cracks 1/32" wide. Piles: Clean seal all cracks 1/32" or wider. Approach Sidewalk: Repair undermining Bulkhead: Remove cracked bulkhead East Fishing Pier: Demolition: Remove deck, T -beam superstructure, and salvage existing railing to reuse. Top of Deck: Replace Deck with new concrete deck, and curbs. Remount existing railing to new deck. Beams: Replace all Beams Pile Caps: Remove Pile caps, Reconstruct new Pile cap Piles: Sawcut piles underneath pile cap and reconstruct piles with pile cap reconstruction. Seal cracks and repair spalls. Bulkhead: Repair spall on bulkhead cap on south side. DELIVERABLES: 1. 50 percent preliminary design review submittal — provide one copy each of the above drawings together with one copy of the outlined technical specifications. Also provide quality control comments and opinion of probable construction cost with this submittal. 2. 100 percent construction documents final submittal — provide one signed and sealed copy of the above drawings and technical specifications compatible with EJCD 1996 General Conditions and FDOT Standard Specifications for Road and Bridge Construction latest edition also provide digital AutoCAD drawing files 2005 edition or later with digital word document files of the technical specifications. 3. Conformed sets — After the project is bid but before the COUNTY awards the construction contract, provide five signed and sealed copies of the conformed contract drawings and five signed and sealed sets of the confirmed technical specifications. Further any revisions to the above digital drawing and document files shall be provided END ATTACHMENT 1 ATTACHMENT 2 to WORK ORDER NO. HH -1 DESIGN OF REPAIRS TO WABASSO CAUSEWAY EAST & WEST FISHING PIERS 1. COMPENSATION The COUNTY agrees to pay and the CONSULTANT agrees to accept, a not -to -exceed fee of $20,155.87 for services rendered according to Attachment 1 and the attached FEE SCHEDULE of this WORK ORDER. 2. PARTIAL PAYMENTS The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work completed per the FEE SCHEDULE and pertaining directly to this project performed during the previous calendar month. The CONSULTANT shall submit invoices monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. The CONSULTANT shall submit duly certified invoices in duplicate to the Director of the Public Works Department. For lump sum line items, the amount submitted shall be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the CONSULTANT, to the total due for this phase of the work. The amount of the partial payment due the CONSULTANT for the work performed to date under these phases shall be an amount calculated in accordance with the previous paragraph, less ten percent (10%) of the invoice amount thus determined, which shall be withheld by the COUNTY as retainage, and less previous payments. Per F.S. 218.74(2), the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the CONSULTANT's invoice. Per F.S. 218.74(2), the ten percent (10%) retainage withheld shall be paid in full to the CONSULTANT by the COUNTY, on or before the forty-fifth day after the date of final acceptance of the Work by the Public Works Director. END ATTACHMENT 2 ATTACHMENT 3 to WORK ORDER NO. HH -1 DESIGN OF REPAIRS TO WABASSO CAUSEWAY EAST & WEST FISHING PIERS TIME FOR COMPLETION: The CONSULTANT shall meet the following performance schedule: 50 percent review submittal - 42 calendar days after the Notice -to -Proceed is issued. 2. 100 percent review submittal - 28 calendar days after receiving the COUNTY's 50 percent review comments. Conformed construction drawings and technical specifications - 5 calendar days after the COUNTY orders said documents. END ATTACHMENT 3 EXHIBIT I Florida Department of Transportation JEB BUSH GOVERNOR JOSE ABREU SECRETARY Florida Department of Transportation Professional Services Unit -District Six 1000 N. W. 111 th Avenue, Room 6202-B Miami, FI. 33172 March 22, 2005 Hardesty & Hanover, L.L.P. 15485 Eagle Nest Lane Suite 210 Miami Lakes, FI 33014 Re: Notice to Proceed Contract No. "" """" b' r Coro CoNo :C -8E76 FM County :25061523202 :District -wide Gentlemen: The services for the above referenced project are authorized to begin on March 22, 2005, and will be completed on or before March 21, 2007. As indicated in the Method of Compensation section of the Standard Professional Services Agreement it is the responsibility of the consultant to report "actual" payments made to DBE sub - consultants through the Department's Equal Opportunity Reporting System on the internet monthly at the time of invoice submittal. Go to the following website address to enter this information: http://custID397 innerhost com:8080/bizwebflorida/ For further reference contact, the Project Manager, Luis Amigo at 305-470-5436. Sincerely, cc: Financial Servicesies 2 copies) � P ) Luis Amigo www.dot.stote.fl.us File STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-12 STANDARD PROFESSIONAL SERVICES AGREEMENT PRXUREMENT 2 Contract No. -7 Page I of 2 FDOT Financial ID No.(s) 25061523202 F.A.P. No. Th between the O 1 1 c car rL.UK111A utrAK I MENT OF TRANSp9RTATl.^.nl agency Cs t^e State of Florida, hereiniter called the Department and Hardesty & Hanover, L.L.P. V (F.E.I.D. No. 131842518 ) of 15485 Eagle Nest Lane, Suite 210, Miami Lakes, Florida 33014 authorized to conduct business in the State of Florida, hereinafter called the Consultant, agree as follows: The Consultant and the Department mutually agree to abide by the Department's Standard Professional Services Agreement, Terms, dated August, 2000 which are available as an appendix to this form in the Department's Professional Services web site or from the Department's Office of Procurement. The Standard Professional Services Agreement Terms, with the exception of the following non -applicable sections: are incorporated by reference and made a part of this Agreement. SERVICES AND PERFORMANCE A. The Department does hereby retain the Consultant to furnish certain services as described in Exhibit "A", hereto and made a part hereof, in connection with attached District wide Miscellaneous Structural Proiects and Minor Desitin B. Unless changed by written agreement, the site for inspection of work referenced in Section 1.1 of the Standard Professional Services Terms, will be 15485 Eagle Nest Lane Suite 210 Miami Lakes Florida 33014 2. TERM A. Unless otherwise provided herein or by Supplemental Agreement or Amendment, the provisions of this Aqreement will remain in full force and effect through completion of all services required of the Consultant or a 5 from the date of execution of this Agreement, whichever occurs first, year term B. Check applicable terms F1 The scheduled project services to be rendered by the Consultant will commence, subsequent to execution of this Agreement, on the date specified in the written notice to proceed from the Department's which notice to proceed will become part of this Agreement. The Consultant will complete scheduled project services withinmonths of the commencement Ent Amendment of Supplemental Agreement. date specified in the notice to proceed oras modified by su5sequ 0 The project services to be rendered by the Consultant for each task assignment will commence, upon written notice from the Department's Prplect Manager and will be completed within the time period specified in each task assignment. All services performed under this contract will be completed within 24 months from the date of this Agreement. The total fee for all accumulated task assignments may not exceed $1,500,000 ri The scheduled project services to be rendered by the Consultant will commence, subsequent to execution of this Agreement, on the date specified in the written notice to proceed from the Department's which notice to proceed will become part of this Agreement. The Consultant will complete scheduled project services within calendar days following completion of the construction contract(s) with which consultant services are associated. The anticipated length of the consultant services is months. 375-030.12 PROCUREMENT GB/02 Page 2 c( 2 3. INSURANCE The amount of liability insurance to be maintained by the Consultant in accordance with Section 4.13 of the Standard Professional Services Agreement Termsis $250,000.00 4. SUBCONTRACTS The following subconsultants are authorized under this Agreement in accordance with Section 7.A. of the Standard Professional Services Agreement Terms: DM_IM Harris- Inc. FFID* 1�cFt��R> 5. COMPENSATION The Department agrees to pay the Consultant compensation as detailed in Exhibit 'B", attached hereto and made a part hereof. 6. MISCELLANEOUS A. Reference in this Agreement to Director will mean the District Secretary B. The services provided herein 0 do do not involve the expenditure of federal funds. In the event federal funds are involved, Section 9 of the Standard Professional Services Agreement Terms is incorporated by reference. C. The following attachments are hereby incorporated into this Agreement as part hereof as though fully set forth herein. Page A_1 through Page A- 6 : Exhibit "A", Scope of Services Page B-1 through Page B- 4 : Exhibit "B", Method of Compensation IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month and year set forth above. Hardesty & Hanover L.L.P. Name of Consultant t n BY: Authorized Signature l I t-4 c '! 11 (Printfiype) Title:i�'T/�J�J STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: J (PrintfType) Title: FOR DEPARTMENT USE ONLY APPROVED: 1 essional Services UnitnGe ee al Counsel Office 375-030-12 PROCUREMENT Page Al of S State of Florida Department of Transportation STANDARD PROFESSIONAL SERVICES AGREEMENT TERMS August, 2000 SERVICES AND PERFORMANCE A. Before making any additions or deletions to the work described in the Agreement, and before undertaking any changes or revisions to such work, the parties will negotiate any necessary cost changes and will enter into a Supplemental Agreement covering such work and compensation. Reference herein to the Agreement will be considered to include any Supplemental Agreement. B. In the performance of professional services, the Consultant will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities. The Consultant will use due care in performing in a design capacity and will have due regard for acceptable standards of design principles. C. The Consultant agrees to provide project schedule progress reports in a format acceptable to the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of work being done by the Consultant and of the details thereof. Coordination will be maintained by the Consultant with representatives of the Department, or of other agencies interested in the project on behalf of the Department. Either party to the Agreement may request and be granted a conference. D. All services will be performed by the Consultant to the satisfaction of the Director who will decide all questions, arise under or and fulties rillmentoflthe disputes services herreu der and the charactenature whatsoever that r, quality, amount and value thereason of n of; and the deciAgreement, the sion uponallclaims, questions and disputes will be final and binding upon the parties hereto. Adjustments of compensation and contract time because of any major changes in the work that may become necessary or desirable as the work progresses will be subject to mutual agreement of the parties, and Supplemental Agreement(s) of such a nature as required will be entered into by the parties in accordance herewith. In the event that the Consultant and the Department are not able to reach an agreement as to the amount of compensation to be paid to the Consultant for supplemental work desired by the Department, the Consultant will be obligated to proceed with the supplemental work in a timely manner for the amount determined by the Department to be reasonable. In such event, the Consultant will have the right to file a claim with the Department for such additional amounts as the consultant deems reasonable; however, in no event will the filing of the claim or the resolution or litigation thereof through administrative procedures or the courts relieve the Consultant from the obligation to timely perform the supplemental work. E. In the event the work covered by this Agreement includes the preparation of construction plans, it is understood that the work may be divided into two or more construction projects by the Director and that, if this is done, the Consultant will supply construction plans for each project. F. The Consultant is authorized to use the Department's computer facilities utilizing Department programs required for the performance of the services herein. The Consultant will identify the programs required and submit a written request to the Department's Project Manager for approval. G. All design work performed by the Consultant for projects where anticipated construction cost is one million dollars ($1,000,000) or more will be subject to Value Engineering, The Department further reserves the right to subject projects of lesser construction cost to Value Engineering should the Department deem circumstances are present that warrant such a decision. Value Engineering may be performed at any stage of the design process. Unless specifically identified in the Agreement, the Consultant will not be required to perform the Value Engineering analysis. 375-03042 PROCJREMEN7 Pace A2 cf 9 The Consultant will not bailable for use by the Department of plans, documents, studies or other data for any purpose other than intended by the terms of this Consultant Agreement. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as e as all data „„ w �"IIeCted, t03^thcr�vith summaries and charts dewed uheiefrom, wiii be consdered works made for hire and will become the property of the Department upon completion or terminat on without restriction limitation on rk their use and will be made available, upon request, to the Department at any time during the performance of such services and/or upon completion or termination of this Agreement. Upon delivery to the Department of said document(s), the Department will become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not copyright any material and products or patent any invention developed under this agreement. The Department will have the right to visit the site for inspection of the work and the products of the Consultant at any time. 2. TERM; A. Services required after completion of scheduled project services, including, but not limited to, design assistance, construction assistance, and litigation assistance, will be completed within the term of this Agreement at written direction of the department. Supplemental Agreements may be negotiated for any post project schedule services needed by the Department after scheduled project services. In the event it becomes impracticable or impossible for the Consultant to complete the expected services within the term of this Agreement due to delays on the part of the department or circumstances beyond the control of the Consultant, the Agreement may be extended. An extension of the Agreement must be in writing. B. In the event there are delays caused by the Department in approval of any of the materials submitted by the Consultant or if there are delays occasioned by circumstances beyond the control and without fault or negligence of the Consultant which delay the scheduled project completion date, the Department may grant an extension of time equal to the aforementioned project schedule delay, as a minimum and not to exceed the Agreement term, by issuance of a Time Extension Letter. This letter will be for time only and does not include any additional compensation. It will be the responsibility of the Consultant to ensure at all times that sufficient time remains in the Project Schedule within which to complete the services on the project. In the event there have been delays which would affect the Project completion date, the Consultant will submit a written request to the Department which identifies the reason(s) for the delay, the amount of time related to each reason and specific indication as to whether or not the delays were concurrent with one another. The Department will review the request and make a determination as to granting all or part of the requested extension. In the event time for performance of the scheduled project services expires and the Consultant has not requested, or if the Department has denied, an extension of the Project Schedule completion date; partial progress payments will be stooped on the date time expires. No payment shall be made for work performed after the Project Schedule completion date until a time extension is granted or all work has been completed and accepted by the Department if the Agreement term has not expired. 3. COMPENSATION: A. Bills for fees or other compensation for services or expenses will be submitted to the Department in detail sufficient for a proper preaudit and postaudit thereof. The Department will render approval or disapproval of services within five working days of the receipt of a written progress report unless otherwise stated in the Agreement. The progress report will be accompanied by an appropriate invoice. 375030-12 PROCUREMENT Page A3 of 9 B. The bills for any travel expenses, when authorized by terms of this Agreement and by the Department's Project Manager, will be submitted in accordance with Section 112.061, Florida Statutes. C. Records of costs incurred under terms of this Agreement will be maintained and made available upon request to the Department at all times during the period of this Agreement and for three years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records Wi be famished to the DPpaw am upon request, D. Records of costs incurred will include the Consultant's general accounting records and the project records, together with supporting documents and records, of the Consultant and all subconsultants performing work on the project, and all other records of the Consultant and subconsultants considered necessary by the Department for a proper audit of project costs. E. The general cost principles and procedures for the negotiation and administration, and the determination or allowance of costs under this Agreement will be as set forth in the Code of Federal Regulations, Titles 23, 48, 49, Rule Chapter 14-75, Florida Administrative Code, and other pertinent Federal and State Regulations, as applicable, with the understanding that there is no conflict between State regulations and Federal regulations in that the more restrictive of the applicable regulations will govern. F. The Consultant should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. G. If a payment is not available within 40 days, a separate interest penalty at a rate established pursuant to Section 215.422, Florida Statutes, will be due and payable, in addition to the invoice amount, to the Consultant. Interest penalties of less than one dollar will not be paid unless the Consultant requests payment. Invoices which have to be returned to a Consultant because of Consultant preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. H. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1-800-84B-3792. Except for issues arising from contract indemnification provisions, the Department will have the right to retain out of any payment due the Consultant under this Agreement an amount sufficient to satisfy any amount due and owing to the Department by the Consultant on any other Agreement between the Consultant and the Department. The Department may withhold payment on any invoice in the event that the Consultant is in default under any provision of this Agreement or any other Agreement between the Consultant and the Department as of the time of processing the invoice or as of the time payment is made available on the invoice. This right to withhold will continue until such time as the default has been cured, and, upon cure, the Department will have the right to retain an amount equal to the damages suffered as a result of the default. J. It is mutually agreed and understood that the following provision will be applicable to this Agreement if the compensation to be paid to the Consultant, whether by lump sum or cost -plus -a -fixed -fee, will exceed the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY FOUR. 375.030.12 PROCUREMENT Paae AS of 9 The Consultant hereby certifies, covenants and warrants that wage rates and other factual unit costs provided the Department to support the compensation are accurate, complete and current as of the date of this Agreement. It is further agreed that the Agreement price will be adjusted to exclude any significant sums by which the Department determines the Agreement price was increased due to inaccurate, incomplete or non-current wage rates and other factual unit costs. All such Agreement adjustments must be made within one year following the end of the Agreement For this purpose, the end of the A reament is the date of final billing or acceptance of the work by the Department, whichever is later. K. The Department, during any fiscal year, will not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department will require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained will prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. INDEMNITY AND INSURANCE: A. The Consultant will indemnify, defend, and hold harmless the Department and all of its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Consultant, its agents, employees, or subcontractors during the performance of the Agreement, except that neither the Consultant, its agents, employees nor any of its subconsultants will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Department or any of its officers, agents or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Consultant in the performance of services required by the Consultant under this agreement, the Department will immediately forward the claim to the Consultant. The Consultant and the Department will evaluate the claim and report their findings to each other within seven working days. The Department and the Consultant will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Consultant in the defense of the claim or to require that the Consultant defend the Department in such claim as described in this section. The Department's failure to notify the Consultant of a claim within seven days will not release the Consultant from any of the requirements of this section upon subsequent notification by the Department to the Consultant of the claim. The Department and the Consultant will pay their own cost for the evaluation, settlement negotiations and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs, but if the verdict determines that there is joint responsibility the costs and liability for damages will be shared in the same percentage as that judicially established. The parties agree that 1 % of the total compensation to the Consultant for performance of this Agreement is the specific consideration from the Department to the Consultant for the Consultant's indemnity agreement. B. The Consultant will have and maintain during the term of this Agreement, a professional liability insurance policy or policies, or an irrevocable letter of credit established pursuant to Chapter 6752nd Section 337.106, Florida Statutes, with a company or companies authorized to do business in the State of Florida, affording professional liability coverage for the professional services to be rendered in accordance with this Agreement in the amount specified in the Agreement. 375-030-12 PROCUREMENT Pape AS of 5 5. COMPLIANCE WITH LAWS: A. All final plans, documents, reports, studies and other data prepared by the Consultant shall bear the professional's seal/signature, in accordance with the applicable Florida Statute that governs and Administrative Rules promulgated by the Department of Business and Professional Regulation, and guidelines published by the Department, in effect at the time of execution of this Agreement, In the event that changes in the Statute or Rules create a conflict with the r2^y uu c, ucnt5 Of tia pu011511^cd gulceimea requiremerit5 ui the htatute anu'ior Rules shall take precedence. B. Chapter 337.162 Florida Statutes applies as follows: (1) If the Department has knowledge or reason to believe that any person has violated the provisions of state professional licensing laws or rules, it will submit a complaint about the violations to the Department of Business and Professional Regulation. The complaint will be confidential. (2) Any person who is employed by the Department and who is licensed by the Department of Business and Professional Regulation and who, through the course of his employment, has knowledge to believe that any person has violated the provisions of state professional licensing taws or rules will submit a complaint about the violations to the Department of Business and Professional Regulation. Failure to submit a complaint about the violations may be grounds for disciplinary action pursuant to Chapter 455 and the state licensing law applicable to that licensee. The complaint will be confidential. (3) Any confidential information submitted to the Department of Business and Professional Regulation will remain on the grounds of race, color, religion, sex, national origin, confidential pursuant to Chapter 455 and applicable state law. this Agreement. C. The Consultant will comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the performance of work under this Agreement. D. The Consultant warrants that the Consultant has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any person, company, corporation, individual, or firm any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement. It is understood and agreed that the term "fee" shall also include brokerage fee, however denoted. For the breach or violation of this Paragraph, the Department shall have the right to terminate this Agreement without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. E. The Consultant shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Consultant in conjunction with this Agreement. Failure by the Consultant to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. The Consultant agrees that it will make no statements, press releases or publicity releases concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with this Agreement, or any particulars thereof, during the period of the Agreement, without first notifying the Department and securing its consent in writing. The Consultant also agrees that it will not publish, copyright or patent any of the data developed under this Agreement, it being understood that such data or information is the property of the Department. G. Consultant covenants and agrees that it and its employees will be bound by the standards of conduct provided in applicable Florida Statutes and applicable rules of the Department of Business and Professional Regulation as they relate to work performed under this Agreement. Consultant further covenants and agrees that when a former state employee is employed by the Consultant, the Consultant will require that strict adherence by the former state employee to Florida Statutes 112.313(9) and 112.3185 is a condition of employment of said former state employee. These statutes will by reference be made a part of this Agreement as though set forth in full. Consultant agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed pursuant to this Agreement. 37s -03o-12 PROCUREMENT Page AE of 9 H. 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 a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. The Department will consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. Such violation will be cause for unilateral cancellation of this Agreement, by the Department, if the Consultant knowingly employs unauthorized aliens. J. DISCRIMINATION: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contact 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 award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 6. TERMINATION AND DEFAULT A. The Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination, as follows: (1) If the Department determines that the performance of the Consultant is not satisfactory, the Department may notify the Consultant of the deficiency with the requirement that the deficiency be corrected within a specified time; but not less than 10 days. Otherwise the Agreement will be terminated at the end of such time or thirty (30) days whichever is sooner. (2) If the Department requires termination of the Agreement for reasons other than unsatisfactory performance of the Consultant, the Department will notify the Consultant of such termination, with instructions as to the effective date of work stoppage or specify the stage of work at which the Agreement is to be terminated. (3) If the Agreement is terminated before performance is completed, the Consultant will be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs, not to exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by the Agreement. B. The Department reserves the right to cancel and terminate this Agreement in the event the Consultant or any employee or agent of the Consultant is convicted for any crime arising out of or in conjunction with any work being performed by the consultant for or on behalf of the Department, without penalty. It is understood and agreed that in the event of such termination, all tracings, plans specifications, computer files, maps, and data prepared or obtained under this Agreement will immediately be turned over to the Department . The Department reserves the right to terminate or cancel this Agreement in the event the Consultant will be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of creditors. The Department further reserves the right to suspend the qualifications of the Consultant to do business with the Department upon any such conviction. 7. ASSIGNMENT AND SUBCONTRACTORS A. The Consultant will maintain an adequate and competent professional staff so as to enable Consultant to timely perform under this Agreement and must be authorized to do business within the State of Florida and may associate with it such subconsultants, for the purpose of its services hereunder, without additional cost to the Department, other than those costs negotiated within the limits and terms of this Agreement. The Consultant is fully responsible for satisfactory completion of all subcontracted work., The Consultant, however, will not sublet, assign or transfer any work under this Agreement to other than subconsultants specified in the Agreement without the written consent of the Department. 375-030-12 PROCUREMENT Page A7 of 9 B. The Consultant must state in all subcontracts that services perfcrmec by any such subconsultant will be subject to the Professional Consultant Work Performance Evaluation System as defined in Chapter 14-75, Florida Administrative Code. C. The following provision is hereby incorporated in and made a part of this Agreement when the services provided herein do not involve the expenditure of Federal funds: schedules may be obtained by contacting: the singular. All words It is expressly understood and agreed that any articles which are the subject of, or required to carry out this contract will be Durchased from Tho Corporation identified ' nder Chanter n=6, 'i7f"�^ $taa aJE ., t:... .. �.. , ,,__ :Ls:- ir: : r Sc.::c acn.^.Ei 2nd ::.. the same procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract will be deemed to be substituted for this agency insofar as dealings with such Corporation. The Corporation referred to in the above paragraph is Prison Rehabilitative Industries and Diversified Enterprises, Inc. Available pricing, products, and delivery schedules may be obtained by contacting: the singular. All words PRIDE of Florida (Attn: Bid Administrator) 2720 Blairstone Road, Suite G Tallahassee, Florida 32301 Telephone: (904)487-3774 8. MISCELLANEOUS A. All words used herein in the singular form will extend to and include the plural. All words used in the plural form will extend to and include the singular. All words used in any gender will extend to and include all genders. B. In the event that a court of valid jurisdiction finally determines that any provision of this Agreement is illegal or unenforceable, this Agreement will be construed as not containing such provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. C. There are no understandings or agreements except as herein expressly stated. D. This Agreement will be governed by and construed in accordance with the laws of the State of Florida. E. In any legal action related to this Agreement, instituted by either parry, Consultant hereby waives any and all privileges and rights it may have under chapter 47 and Section 337.19, Florida Statutes, relating to venue, as it now exists or may hereafter be amended, and any and all such privileges and rights it may have under any other statute, rule or case law, including, but not limited to those grounded on convenience. Any such legal action may be brought in the appropriate Court in any county chosen by the Department and in the event that any such legal action is filed by Consultant, Consultant hereby consents to the transfer of venue to the county chosen by the Department upon the Department filing a motion requesting the same. 9. TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I)• The following terms apply to all contracts in which it is indicated in Section 6.B of the Standard Professional Services Agreement that the services involve the expenditure of federal funds: A. It is understood and agreed that all rights of the Department relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, specifications, maps, date, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. S. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of U.S.D.O.T., anything to the contrary in this Agreement not withstanding. C. Compliance with Regulations: The Consultant shall comply with the regulations of the U.S. Department of Transportation relative to nondiscrimination in federally -assisted programs of the U.S. Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations), which are herein incorporated by reference and made apart of the contract. 375.030.12 PROCUREMENT Page AS of 9 D. Nondiscrimination: The Consultant, with regard to the work performed by him after award and prior to completion of the contract work, will not discriminate on the grounds of race, color, religion, sex or national origin in the selection and retention of subcontractors, including procurements of material and leases of equipment. The consultant will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the program set forth in Appendix B of the Regulations. E. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials and leases of eqi iipment, each potential subcontractor; supp;ier pr le$sor shall. ba nptifee'� �y a consultant of the consultant's obligations under this contract and the regulations relative to nondiscrimination on the grounds of race, color, religion, sex, or national origin. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or U.S. Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall certify to the Department, or the U.S. Department of Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information. G. Sanctions of Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the State of Florida Department of Transportation shall impose such contract sanctions as it or the U.S. Department of Transportation may determine to be appropriate, including, but not limited to, withholding of payments to the Consultant under the contract until the Consultant complies and/or cancellation, termination or suspension of the contract, in whole or in part. H. Incorporation or Provisions: The Consultant will include the provisions of Paragraph A through H in every subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the State of Florida Department of Transportation or the U.S. Department of Transportation may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that, in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the State to enter into such litigation to protect the interests of the State, and, in addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising therefrom. J. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall be any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. K. Participation by Minority Business Enterprises: The Consultant shall agree to abide by statements in Paragraph (1) and (2) which follow. These statements shall be included in all subsequent agreements between the Consultant and any subconsultant or contractor. 1. "Policy: It is the policy of the Department of Transportation that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 23 apply to this agreement." 2. "MBE Obligation: The recipient or its contractor agrees to ensure that minority business enterprises, as defined in 49 CFR Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts." 37503042 PROCUREMENT Page Ag of 3 L. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts related to the projects) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code, Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement. M. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Department in compliance with 49 CFR, Section 23.51, was erroneous when submitted or has become erroneous by reason of changed circumstances, the Consultant shall provide immediate written notice to the Department. It is further agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. N. The Department hereby certifies that neither the consultant nor the consultant's representative has been required by the Department, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to employ or retain, or agree to employ or retain, any firm or person, or 2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; The Department further acknowledges that this agreement will be furnished to a federal agency, in connection with this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. O. The Consultant hereby certifies that it has not: employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract; 2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this contract; or 3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. The consultant further acknowledges that this agreement will be furnished to the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. EXHIBIT "A" SCOPE OF SERVICES ATTACHMENT "A" SCOPE OF SERN7ICES District wide Miscellaneous Structural Projects Minor Design Financial Project ID: 2506152-32-02 I. PURPOSE The Department requires the support of the Consultant for a wide range of engineering and technical services to assist in bringing to completion, as expeditiously as possible, numerous projects within the Work Program for District VI Design and Consultant Management Offices. The Consultant shall function as an extension of the Department's resources by providing qualified technical and professional personnel to perform the duties and responsibilities assigned under the terms of this Agreement. To the maximum extent possible the Consultant shall minimize the Department's need to apply its own resources to assignments authorized by the Department. The Department, at its option, may elect to expand, reduce, or delete the extent of each work element described in this Scope of Services, provided such action does not alter the intent of this Agreement. II. SERVICES The Consultant shall provide the Department with the services of a qualified Design Team to conduct the design and review of projects related to transportation. The Design Team shall be experienced in highway and bridge design and construction. The projects will include, but are not limited to: roadway and bridge design projects, highway and bridge rehabilitation project, resurfacing projects, public transportation facilities, and others as deemed appropriate by the Department. Design plans will consist of projects developed in both English and Metric units ofineasure. A. DESIGN SERVICES The Consultant shall provide any one or more of the following engineering services or elements contained therein, as required by the Department. 1. They will provide all necessary engineering and CADD services required for revising and updating previously prepared construction plans and specifications to conform to current FDOT Plans Preparation Manual, FDOT Structures Design Guidelines, AASHTO Standards, MUTCD, FDOT Standard Specifications for Road and Bridge Construction, FDOT Roadway and Traffic Design Standards, and the desires of the Department as made known to the Consultant. A-1 Financial Project ID: 2506152-32-02 2. Prepare complete construction plans and drafts of all special provisions for all phases of construction for each design services project assigned under this agreement. Plans shall include, as appropriate, roadway design, intersections and highway improvements, maintenance of traffic, utility relocation, structures, sign support structures and details, drainage facilities, roadway lighting, signing, signalization, pavement markings and incidental items. All plans are to be in accordance with AASHTO Standards, FDOT Standards and Specifications, and the desires of the Depar¢nem, as made known to the Consultant. Plans shall be accurate, legible, complete in design, drawn to scales as directed by the Department, furnished in CADD files in Microstation format and reproducible form suitable for bidding purposes. 3. The consultant shall provide qualified personnel to perform on-site CADD related services using the Department's resources. The consultant's personnel shall perform such tasks under the direction of the Design Project Manager and/or the Project Manager for this contract. 4. Prepare and provide Quantity Computation Books in a format acceptable by the Department. In addition to the original computation book, all computer files related to computation book preparation shall also be provided by the Consultant. 5. Prepare. and provide lighting and signalizatioh justification reports, and signalization analysis in accordance with FDOT standards MUTCD, and AASHTO. 6. The Consultant shall prepare presentation materials . as required for Community Awareness and other public meetings. These materials may include but are not limited to renderings, computer models, Power Point slide presentations. And Descartes plans imaging. 7. Prepare and provide traffic studies, including traffic counts with turning movements, lane closure analysis, no passing zone studies, accident history, and pedestrian activity studies. 8. The Consultant shall submit to the Department a Design Documentation Booklet with design notes, reports, calculations and other related information required to document the design conclusions reached during the development of the construction plans. 9. The Consultant shall prepare preliminary estimates of construction using the FDOT CES computer database program. The estimates will be submitted as required to the Department's Project Engineer. 10. The Consultant shall furnish preliminary prints and all CADD files (Geopak, Microstation, etc.), as required by the Department to adequately control, coordinate and approve the design. A-2 Financial Project ID: 2506152-32-02 11. The Consultant shall prepare permit application(s) as required for submittal to other agencies by the Department including forms, sketches, plan sheets and hydraulic calculations. 12. Make reviews, attend meeting and make contacts as are necessary for proper preparation of plans and special provisions for these design services. 13. The Consultant shall serve as an expert witness in the legal proceedings related to these design services if required by the Department. The fee for these services shall be established if and when they are needed. 14. The Consultant shall prepare the Technical Special Provision, supplemental Specifications, and the Special Provisions required for the construction of the roadway, structures, and traffic operations portions of the project. 15. The Consultant shall notify the Department of any utility conflicts and coordinate with the Department in all relocation efforts. 16. The Consultant shall establish a data base for review comments and shall tender an analysis of these comments 30 days prior to the end of the contract or 24 months from the beginning, whichever comes first. B. DESIGN SUPPORT — Plan Review Review and comment on the preparation by in-house design section or Consultant design team, of construction plans at Phase I, Phase 11, Phase Ell and Final submittal; of construction technical specifications at Phase III plans review stage and at Final submittal. Based upon such reviews, recommend acceptance and approval by the Department of such plans, Specifications and estimates. Certify to the Department by letter that the plans, specifications and cost estimate have been reviewed and that the design IS or IS NOT in general accordance with both the applicable and current standards of AASHTO, the FDOT, and with the intended scope of work. In reviewing documents, certain basic tasks must be carried out as follows: • Identify and report on design components which require Design Variance or Design Exception. • Make sure that the description of work to be constructed is clear and concise. • Review Pay Items to make sure that all work has a Pay Item. • Make sure that the summary of quantities are accurate and are in accordance with the Basis of Estimates Manual. • Review design documents and inspect the job site as required to make sure that field conditions have been investigated and clearly represented in the contract documents. • Review such items as Utilities, Maintenance of Traffic, Construction Sequences and Phasing, Permit Requirements and Conditions, Quantities, and Equipment A-3 Financial Project ID: 2506152-32-02 requirements. Note any items that may generate future problems on a proposed project. Detemune the feasibility of construction equipment ingress, egress and placement at the job site. For utility relocations, retaining walls and bridge construction, determine if the work will require any temporary retaining walls and bridge construction, determine if the work will require any temporary retaining structures for equipment placement and if failure of a temporary structure would iannnrrl�e the cafe[, of the general public. For existing bridges being widened, particular attention shall be given to feasibility of placing construction equipment within the median are of dual bridges. The Consultant shall ensure that all construction plans, as applicable, are prepared -in accordance with the latest standards adopted by applicable AASHTO manuals, FDOT Roadway & Traffic Design Standards, FDOT Standard Specifications, current Department memorandums, FDOT Plans Preparation Manuals, FDOT Structures Design Guidelines, FDOT Structures Detailing Manual, FDOT Flexible & Rigid Pavement Design Manual, FDOT Drainage Manual, and shall be accurate, legible, complete in design, and drawn to the appropriate scale. Provide written comment on the adequacy of all design submittals of construction plans. POST -DESIGN SERVICES: The Consultant shall provide the Department with the services of a qualified team to conduct the following tasks: 1. Review shop drawings for projects designed by his staff or other consultants for conformance with the contract plans, the special provisions and FDOT Plans Preparation Manual. 2. Review design computations made by the Contractor Specialty Engineer or other Consultants. 3. Assist in resolving construction problems. IV COMPUTER SERVICES A. Computations must be based on computer programs used by in-house roadway design staff (i.e., Lotus, Word Perfect, MS Word, Excel Geopak, Microstation, etc.). Any deviation from this must be approved by the Department's project manager. This is intended for files, which are to be archived with the rest of the project documents. B. The Consultant shall submit electronically all submittals and final plans and Spec. packages prepared for letting. A-4 Financial Project ID: 2506152-32-02 C. Electronic Document Management System (EDMS): The Consultant shall provide personnel proficient in the use of computers and Scanner operation input Bridge Plans and spec packages into an Electronic Document Management System (EDMS). This will require familiarity with the Structures Management Document guidelines for EDMS post on the Infonet. Duties will include✓ scanning, attributing (assigning information specific to the document) and retrieving documents that are to be achieved electronically in the Department document management system Hummingbird. The Hummingbird software will have to be purchased by the consultant through the FDOT licenses. V. SUBCONTRACTING Should the Consultant require the services of a specialist for specialty work, the Consultant is authorized to subcontract these services under the provisions of the Standard Consultant Agreement. Firms selected for subcontracts must be approved and qualified by the Department's prior to the Consultant authorizing any such work. The Consultant shall be fully responsible for the satisfactory performance of all subcontracted work. VI. DEPARTMENT RESPONSIBILITIES The FDOT may furnish any or all of the items, appropriate for performance of required services. However, the Consultant shall provide the services as stated herein within the time frame established regardless of the availability of such data. The Department will provide all plans and documentation received by the Project Manager for phase reviews to the Consultant for their use in performing reviews. Under normal circumstances, the plans and documents to be supplied will conform with Plans Preparation Manual. The Department will not provide reports such as, Drainage Report, Permit Submittal Package, Geometric Design Report or Bridge Hydraulics Report. The Department will not provide Right -of ay Maps or Legal Descriptions for review. The Department will, where appropriate, provide Photometric calculations at Phase E and III submittals, and Voltage Drop calculations at the Phase III submittal to assist in reviewing Lighting Plans. Lighting Plans must be reviewed for conformance with the Plans Preparation Manuals, "The Information Guide for Highway Lighting" published by AASHTO, the National Electric Code and all other relevant manuals. The Consultants will be expected to review signing and pavement marking plans and signalization plans for conformance with the Plans Preparation Manual, Manual on Uniform Traffic Control Device (MUTCD) and directions issued by the Department's Traffic Operations Division, Roadway. Traffic & Lighting Department, and all other relevant manuals. A-5 Financial Project ID: 2506152-32-02 Further information, documents or resources FDOT may furnish are: 1. All previously completed field surveys as required. 2. Subsoil data and tests for roadway and structure foundations. 3. All available roadway plans, bridge plans, right-of-way maps; studies and other available information pertinent to the project. 4. All available traffic information. 5. Right-of-way maps and legal descriptions that are not part of the consultant's work effort, when required. 6. Utility and railroad contacts and agreements. 7. When survey services are required, the Department will furnish numbered standard survey books for survey data. S. Pavement Design where necessary. 9. Coordination and processing of all permit applications. In general, the Consultant will be given a complete set of the contract plans package submitted by the Engineer of Record to the FDOT District Office. The completeness of the plans and appurtenant items will depend upon the level of project development at that time. A-6 METHOD OF COMPENSATION METHOD OF COMPENSATION EXHIBIT `B" 110 PURPOSE T'ti-"` E:" h b t '4 f' R tl=e m'et'.^.Cd a Id'I j E tS Of cOnV ensa.tion to be made to the Consultant for the services described in Exhibit A (Scope of Services) and method by which payments will be made. 2.0 COMPENSATION For satisfactory completion of services authorized under this Agreement, the Department will Pay the Consultant a Total Maximum Limiting Amount not to exceed S1,500,000.00. This is a task assignment type agreement. The Department will famish the Consultant a Task Work Order specifying the services to be performed and the fees to be paid for each project assigned under this agreement. Compensation for individual assignments will not exceed $300,000.00. The total amount of this agreement is expected to be funded by multiple annual appropriations. The State ofFlorida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. Currently 5500,000.00 of the total amount has been approved. Therefore, it is agreed that the Consultant will not be obligated to perform services nor incur costs which would result in exceeding the funding currently approved, nor will the Department be obligated to reimburse the Consultant for costs or make fee payments in excess of currently established funding. The Department will provide written authorization when subsequent appropriations are available for this contract. 2.1 Summary of Compensation Fees for each task work order will be negotiated either as a lump sum amount (fixed price), a limiting amount (cost reimbursement), or as a combination lump sum and limiting aznount. Where lump sum amounts are established, fees will be negotiated in accordance with Section 2.2, and based on the rates provided in Section 5.0. Where limiting amount fees are established, compensation will be in accordance with Section 2.2. Compensation for direct expense costs may be included in task work order fees, in accordance with Section 2.2. 2,2 Details of Compensation Basic Services - Lump Sum (LS -2)' — The Consultant will receive progress payments for the subj ect task based on the percentage of task that has been completed and accepted by the Department during the billing period. B-1 For the following elements which are established as limiting amounts, the Departmrentwill compensate the Consultant for all reasonable, allocable and allowable costs incurred in the categories defined below. The reasonableness, allocability and allowableness of compensation sought under this agreement are expressly made subj ect to the temps oftnis Agreement: Federal Acquisition Regulations; Office of Management and Budget Circulars A-21, A-87, A-102, A-110; and anypertinent Federal and State Law. Direct Salaries and ages- (LA -3) - Subject to the established limiting amount, the Consultant will receive progress payments for direct salaries and wages for time/work effort expended bvpersonnel in the pErfnrman ee of authorized work durmg the bi�ihng periOA "t °he CCutraCI iaicn EatauliShed til T able 5 of Section 5.0. Ali overt me must be authorized in advance in writing by the Department. Overhead and Fringe Benefit Rates - Administrative overhead and fringe benefit costs will be applied to approved salary and wage costs (exclusive of premium overtime) at the combined overhead rates provided in Table 5 of Section 5.0. Facilities Capital Cost of Money - The Consultant will receive compensation for allowable Facilities Capital Cost of Money (FCCA4) in association with salaries. FCCM will be calculated as a percentage of chargeable direct salary and wages exclusive of premium overtime, at the rates provided in Table 5 of Section 5.0. Operating margin — Operating margin will be applied to approved direct salary costs (exclusive of premium overtime) at the rates provided in Table 5 of Section 5.0. Direct Expense Rate - The Consultant will be compensated for direct expenses in association with salaries. Direct Expenses will be calculated as a percentage of chargeable direct salaries and wages exclusive of premium overtime, at the rates provided in Table 5 of Section 5.0. Loaded Labor Rates (LA -4) - Subject to the established limiting amount, the Consultant will be compensated for these services based on the rates provided in Table 6 of Section 5.0. No multipliers will be applied to these rates. Payment for such services will be based on approved time incurred during the billing period. Miscellaneous Direct Expenses (LA5) — Subject to the established limiting amount, only the following sub consultant firm is approved to receive compensation for itemized miscellaneous direct expenses when authorized and when properly supported by invoices or other acceptable evidence of Payment: Protocole Corp. For travel expenses, state travel vouchers must be submitted. Compensation for sub -contractual services, if required maybe established for each Task Work Order issued. The firm(s) performing the services must be approved by the Department. 3.0 INVOICING PROCEDL"RE The Consultant will be eligible for progress payments under ttus agreement at monthly intervals or when individual tasks or mileposts defined in this agreement are completed or reached. Invoices for this agreement will be prepared by the Consultant and submitted through the Department's web - enabled Consultant Invoice Transmittal System (CITS) Internet application. The invoices will be supported by such information as maybe required by Department procedures to substantiate the charges being invoiced. The Consultant will maintain for this purpose a job cost accounting system that is acceptable to the Department. If requested by the Department, the final invoice for this agreement will be accompanied by a certified job cost summary report generated by the accounting system. The report w ll nelude at a muvmurn he total number of hours and salary cost actually charged to the project the Total direct vehicle expense, the total miscellaneous direot expense, and total sub -consultant cost charged to the project. B-2 The Consultant will report sub -consultant payments through the Dep Opportunity artments Equal Reporting System on the Internet @ http://custp397.innerhost.com:8080 bizwebflorida. Failuretosubmit sub -co nsultantpaymcnt information maybe cause for rei ection of the invoice. Within thirty days after receipt offinal payment, the Consultant will report final sub -consultant payments through the Equal Opponunity Reporting System. The Consultant will pay all sub -consultants their proportionate share of payments received from the Department within thiriy days of +he Consuitanr s receipt of payment from the Department. The Department will render a decision on the acceptability of services within 5 working days of receipt of either the services or invoice, which ever is Iater. The Department reserves the right to withhold payments for work not completed, or work completed unsatisfactorily, or work that is deemed inadequate or untimely by the Department. Any payment withheld will be released and paid to the Consultant promptly when work is subsequently performed. 4.0 PROJECT CLOSEOUT 4.1 Final Audit Ifrequestcd, the Consultant will permit the Department to perform or have performed an audit of the records of the Consultant and any or all sub -consultants to support the compensation paid the Consultant. The audit will be performed as soon as practical after completion and acceptance of the contracted services. In the event funds paid to the Consultant under this Agreement are subsequently properly disallowed by the Department because of accounting errors or charges not in conformity with this Agreement, the Consultant agrees that such disallowed amounts are due to the Department upon demand. Further, the Department will have the right to deduct, from any payment due the Consultant under any other contract, any amount due the Department. 4.2 Certificate of Completion A Certificate of Completion will be prepared for execution by both parties statine the total compensation due the Consultant, the amount previously paid, and the difference. Upon execution of the Certificate of Completion, the Consultant will either submit a termination invoice for an amount due or refund to the Department for the overpayment, provided the net difference is not zero. B-3 5.0 COMPENSATION RATES The Following tables are provided for definition of contractual rates. Tables numbers not listed are not included in this document. Table 5 — Unloaded Salary Rates Table 6 — Loaded Rates Job Class ToTo _ 05/31/05 05/31/06To 03/25/ Officer A 1 $85.00 1 88755 590.1 Officer B $55.00 556.65 I $58.3 The above rates for overhead, FCCM, Operating Margin and Direct Expense are fixed and not subject to audit adjustment during the term of the agreement. 13-4 The job F1989HLR; user I.D. •D sol .uu: u. „ PM To PM626CC@dot.state.f1.us cc bcc Subject FUNDS APPR0VAIJREVIEWED FOR CONTRACT C8E76 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract '#C8E76 Contract Type: CA Method of P Vendor Name: HARDESTY & HANOVER, LLP rocurement: C Vendor ID: VF131842518002 Beginning date of this Agmt: 03/14/05 Ending date of this Agmt: 03/13/10 Description: Districtwide Bridge Design Consultant ************************************************************************ ORG-CODE *EO *OBJECT *AMOUNT *FIN PROSECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY/CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED IDENC LI * NE (6S)/STATUS Action: ORIGINAL Funds have been: APPROVED 55 063030643 *PD *131521 * 500000.00 *25061523202 *119 200*SS10D100 *088649/05 00011 *00 * *0001/04 --------------------- TOTAL P4MOUNT: *$ 500,000.00 F------'-' FOR ROBIN M. NAITOVE, CPA, COMPTROLLER FUNDS APPROVED/REVIEWED DATE: C31114/2C05 fl f.: UKC1 L;t:K 111-1GATE OF LIABILITY INSURANCE CSR RM DATE(MWDDIYYYY) HA.RDE-1 1 12/28/04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8.00 Market St, Ste. 26.00 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR St. Louis MO 63101-2500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone: 800-338-1391 Fax:888-621-3173 I INSURERS AFFORDING COVERAGE r` INSURED . .•.. '.. :.:..r. NAL. # ., INSURER A: CNA Insurance Company_ I Hardesty &Hanover, LLP dLINSURERB: Attn.: Andrew Herrmann INSURER c: - 150'1 `Broadwa New York NY 10036 INSURER D: COVERAGES INSURER E: THC OM i ANY L:o: eu et.�:: HAVE BEEN ISSUE -u TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING RED T , TERMOR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R YNSR TYPE OF INSURANCE POLICY NUMBER OLI C 1 E P IC PRA O GENERAL __ _ _ DDIYY) DATE (MM/DD/YY) ) LIMITS I ftAGGREGATE URRENCE SCOMMERCIAL GENERAL LIABILITY TZit fEa accurence) $CLAIMS MADE OCCURny one person) SS ADV INJURY SGGREGATE SGEN'LAGGREGATE LIMITAPjPLLIIE7S PERPOLICY ISL ( JEO LOC-COMP/OP AGG S AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT ALL OWNED AUTOS (Ea accident) S SCHEDULED AUTOS BODILY $ HIREDAUTOS I (Per person) NON--OWNED'AUTOS BODILY INJURY - .. . (Per accident) S ' PROPERTY DAMAGE— (Per accident) S GARAGE LIABILITY „ I ANY AUTO I AUTO ONLY - EA ACCIDENT I $ OTHERTHAN EA ACC $ EXCESS/UMBRELLA LIABILITY AUTO ONLY: AGG S I I OCCUR CLAIMS MADE EACH ED URN C22 $ AGGREGATE g DEDUCTIBLE S RETENTION S i S WORKERS COMPENSATION AND S EMPLOYERS' LIABILT' i I TORY LIMITS ER -1 TNEWEXECUTIVE ANY PROPPIETOR/PARH ACCIDENT $ OFFICEWMEMBER EXCLUDED? E.L. EACH If yes, describe under I i E.L. DISEASE - EA EMPLOYE S SPECIAL PROVISIONS below OTHER E.L. DISEASE - POLICY LIMIT I S A (Professional AEA008218428 I 01/01/05i 01/01/061 Per Claim Liability$5,000,000 DESCRIPTION OF OPERATIONS LLOCATIONSIVEHICLES/EXCLUSIDNS ADDED BY ENDORS MEN7/SPECIAL PROVISIONS Aggregate $5F0001000 RE: DISTRICTWIDE MOVABLE BRIDGE INSPECTION FOR FLORIDA DOT (H&H #2199) :ERTIFICA It HOLDER CANCELLATION FLORID 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN FLORIDA DEPT OF TRANSPORTATION PROFESSIONAL SERVICES UNIT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL DISTRICT SIR IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1000 NW 111TH AVE., ROOM 6210 REPRESENTATIVES, MIAMI FL 33172 GI IT11/1R17c CORD 25 (2001/08) © ACORD CORPORATION 1988