HomeMy Public PortalAbout2022-34 Approving a continuing professional services agreement with Black & Veatch CorporationRESOLUTION NO. 2022-34
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A
CONTINUING PROFESSIONAL SERVICES AGREEMENT
WITH BLACK & VEATCH CORPORATION FOR
PROFESSIONAL ENGINEERING, PROJECT
MANAGEMENT, AND RELATED SERVICES FOR THE
RESILIENT INFRASTRUCTURE PROGRAM STRATEGY
AND INTEGRATED IMPLEMENTATION PLAN AND
SUPPORTING PROGRAM MANAGEMENT AND
EXECUTION PROJECT; PROVIDING FOR
AUTHORIZATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on December 6, 2021, the Village of Key Biscayne ("Village") issued
Request for Qualifications No. 2022-02 ("RFQ") for professional engineering, project
management, and related services (the ``Services") for the Resilient Infrastructure Program
Strategy and Integrated Implementation Plan, and Supporting Program Management and
Execution Project (the "Project"); and
WHEREAS, six sealed bids were received by the RFQ deadline; and
WHEREAS, after review and evaluation of the proposals and presentations given to the
Village, the Evaluation Committee ranked Black & Veatch Corporation (the "Consultant") as the
most qualified firm for the Services; and
WHEREAS, on April 12, 2022, the Village Council adopted Resolution No. 2022-20,
selecting the Consultant to perform the Services for the Project and authorizing the Village
Manager to negotiate an agreement with the Consultant; and
WHEREAS, the Village Manager has negotiated the continuing professional services
agreement attached hereto as Exhibit '`A" (the 'Agreement"); and
WHEREAS, the Village desires to approve the Agreement and authorize the Village
Manager to execute the Agreement with the Consultant in substantially the form attached hereto
as Exhibit "A"; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section I. Recitals. That each of the above -stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Approval. That the Village Council approves the Agreement attached
hereto as Exhibit "A."
Section 3. Authorization. That the Village Manager is hereby authorized to execute
the Agreement with the Consultant for the Services, in substantially the form attached hereto as
Exhibit "A," subject to the final approval of the Village Attorney as to form, content, and legal
sufficiency.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption.
PASSED and ADOPTED this 26th day of
ATTEST:
July
, 2022.
JOC LYN B. K H
VILLAGE CLERK
MICHAEL W. DAVEY, MAYO
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Page 2 of 3
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
Page 3 of 3
EXHIBIT "A"
CONTINUING PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE VILLAGE OF KEY BISCAYNE
AND
BLACK AND VEATCH CORPORATION
THIS AGREEMENT (this "Agreement") is made effective as of the day of
, 2022 (the "Effective Date"), by and between the VILLAGE OF
KEY BISCAYNE, FLORIDA, a Florida municipal corporation, (the "Village"), and BLACK
AND VEATCH CORPORATION, a Delaware for-profit corporation authorized to do business
in Florida (hereinafter, the "Consultant").
WHEREAS, on December 6, 2021, the Village issued Request for Qualifications 2022-02
for the Resilient Infrastructure Program Strategy & Integrated Implementation Plan, and
Supporting Program Management & Execution Project (the "RFQ"); and
WHEREAS, on April 12, 2022, the Village Council adopted Resolution No. 2022-20,
selecting the Consultant to provide professional engineering, project management, and related
services (the "Services") to assist the Village in developing and executing various projects and
assignments (each a "Project") for the Resilient Infrastructure Program Strategy and Integrated
Implementation Plan (the "Plan"), all as set forth in further detail in the Scope of Services attached
hereto as Exhibit "A"; and
WHEREAS, the Consultant will provide the Services for the Project, all as further set forth
in the Proposal dated , 2022 (the "Proposal"), attached hereto as Exhibit
"B"; and
WHEREAS, the Consultant and Village, through mutual negotiation, have agreed upon a
fee for the Services as set forth in the rate schedule (the "Rate Schedule") attached hereto as Exhibit
"C"; and
WHEREAS, the Village desires to engage the Consultant to perform the Services and
provide the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, the Consultant and the Village agree as follows:
1. Scope of Services.
1.1. The Consultant shall provide the Services in accordance with the Scope of Services
attached hereto as Exhibit "A" and the Proposal to assist the Village in developing and
executing various Projects for the development, implementation, and management of the
Plan. The Services for the Plan shall be provided in three phases:
1.1.1. Phase 1: Identification of strategies and Projects for the Plan;
Contract No. 2022-XX Page 1 of 33
1.1.2. Phase 2: Development of an implementation program for the Plan; and
1.1.3. Phase 3: Management and Execution of the Plan.
1.2. The Consultant shall provide the Services for the specific Projects of each phase of the
Plan pursuant to a detailed work order (a "Statement of Work") or project specific
agreement as authorized by the Village Manager or Village Council, as applicable. Prior
to commencement of work on a specific Project, the Consultant will provide the Village
with a fixed lump sum cost for the Services, as set forth in the Statement of Work or project
specific agreement, calculated using the rates set forth on the Rate Schedule attached hereto
as Exhibit "C.-
1.3. If the Village approves the fixed lump sum cost for the Project, the Village will provide the
Consultant with a Notice to Proceed to perform the Services set forth in the Statement of
Work or a project specific agreement. Consultant acknowledges that it shall not undertake
to perform any Services on any Project until it has received from the Village the Notice to
Proceed on such Project.
1.4. The Consultant shall furnish all reports, documents, and information obtained pursuant to
this Agreement, and recommendations during the term of this Agreement (hereinafter
"Deliverables") to the Village.
1.5. The Consultant shall abide by the terms and requirements of the RFQ, which is
incorporated by reference and made a part hereof.
2. Term/Commencement Date.
2.1. This Agreement shall become effective upon the Effective Date and shall remain in effect
for five (5) years thereafter, unless earlier terminated in accordance with Paragraph 8.
Additionally, the Village Manager may renew this Agreement for two (2) additional two
(2) year periods on the same terms as set forth herein upon written notice to the Consultant.
2.2. The Consultant agrees that time is of the essence and Consultant shall complete the
Services within the timeframes set forth in the Statement of Work and the Notice to
Proceed for each Project in the manner provided in this Agreement, unless extended by
the Village Manager.
3. Compensation and Payment.
3.1. Compensation for Services provided by Consultant shall be in accordance with the approved
fixed lump sum set forth in the Statement of Work, project specific agreement, or the Notice
to Proceed for such Project, which shall be based on the Rate Schedule attached hereto as
Exhibit "C."
3.2. During each Project, Consultant shall deliver an invoice to Village no more often than once
per month detailing Services completed and the amount due to Consultant under the
Statement of Work for such Project. Fees shall be paid in arrears each month, pursuant to
Consultant's invoice, which shall be based upon the percentage of work completed for each
Contract No. 2022-XX Page 2 of 33
Project. The Village shall pay the Consultant in accordance with the Florida Prompt
Payment Act after approval and acceptance of the Services by the Village Manager.
3.3. Consultant's invoices must contain the following information for prompt payment:
3.3.1. Name and address of the Consultant;
3.3.2. Purchase Order number;
3.3.3. Contract number;
3.3.4. Date of invoice;
3.3.5. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers
will be rejected);
3.3.6. Name and type of Services;
3.3.7. Timeframe covered by the invoice; and
3.3.8. Total value of invoice.
Failure to include the above information will result in the delay of payment or rejection of
the invoice. All invoices must be submitted electronically to pavables c ,,keybiscavne.fl.gov.
4. Subcontractors.
4.1. The Consultant shall be responsible for all payments to any subcontractors and shall
maintain responsibility for all work related to the Services and/or any Project.
4.2. The Consultant may only utilize the services of a particular subcontractor with the prior
written approval of the Village Manager, which approval shall be granted or withheld in
the Village Manager's sole and absolute discretion.
5. Village's Responsibilities.
5.1. The Village shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the Village,
and provide criteria requested by Consultant to assist Consultant in performing the
Services.
5.2. Upon Consultant's request, the Village shall reasonably cooperate in arranging access to
public information that may be required for Consultant to perform the Services.
6.
Consultant's Responsibilities; Representations and Warranties.
6.1. The Consultant shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a consultant under similar
circumstances. If at any time during the term of this Agreement or within two (2) years
Contract No. 2022-XX Page 3 of 33
from the completion of this Agreement, it is determined that the Consultant's Deliverables
or Services are incorrect, not properly rendered, defective, or fail to conform to Village
requests, the Consultant shall at Consultant's sole expense, immediately correct its
Deliverables or Services.
6.2. The Consultant hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and permits
required under Federal, State and local laws applicable to and necessary to perform the
Services for Village as an independent contractor of the Village. Consultant further warrants
and represents that it has the required knowledge, expertise, and experience to perform the
Services and carry out its obligations under this Agreement in a professional and first-
class manner.
6.3. The Consultant represents that is an entity validly existing and in good standing under the
laws of Florida. The execution, delivery and performance of this Agreement by
Consultant have been duly authorized, and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Conflict of Interest.
7.1. To avoid any conflict of interest or any appearance thereof, the Consultant shall not, for
the term of this Agreement, provide any consulting services to any private sector entities
(developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the Village.
8. Termination.
8.1. The Village Manager, without cause, may terminate this Agreement upon five (5) calendar
days' written notice to the Consultant, or immediately with cause.
8.2. Upon receipt of the Village's written notice of termination, Consultant shall immediately
stop work on the project unless directed otherwise by the Village Manager.
8.3. In the event of termination by the Village, the Consultant shall be paid for all work
accepted by the Village Manager up to the date of termination, provided that the
Consultant has first complied with the provisions of Paragraph 8.4.
8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps,
and data pertaining to the Services and the project to the Village, in a hard copy and
electronic format within fourteen (14) days from the date of the written notice of
termination or the date of expiration of this Agreement.
9. Insurance.
9.1. The Consultant shall secure and maintain throughout the duration of this agreement
insurance of such types and in such amounts not less than those specified below as
satisfactory to Village, naming the Village as an Additional Insured, underwritten by a
Contract No. 2022-XX Page 4 of 33
firm rated A -X or better by A.M. Best and qualified to do business in the State of Florida.
The insurance coverage shall be primary insurance with respect to the Village, its officials,
employees, agents, and volunteers naming the Village as additional insured. Any
insurance maintained by the Village shall be in excess of the Consultant's insurance and
shall not contribute to the Consultant's insurance. The insurance coverages shall include
at a minimum the amounts set forth in this section and may be increased by the Village as
it deems necessary or prudent.
9.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property under
the care, custody and control of Consultant. The General Aggregate Liability limit
and the Products/Completed Operations Liability Aggregate limit shall be in the
amount of $2,000,000 each.
9.1.2. Workers Compensation and Employer's Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
policy(ies) must include Employer's Liability with minimum limits of $1,000,000.00
each accident. No employee, subcontractor or agent of the Consultant shall be allowed
to provide Services pursuant to this Agreement who is not covered by Worker's
Compensation insurance.
9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the
Insurance Service Office, and must include Owned, Hired, and Non -Owned Vehicles.
9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars
($1,000,000.00) per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the Village,
reflecting the Village as an Additional Insured (except with respect to Professional
Liability Insurance and Worker's Compensation Insurance), no later than ten (10) days
after award of this Agreement and prior to the execution of this Agreement by Village and
prior to commencing Services. Each certificate shall include no less than (30) thirty -day
advance written notice to Village prior to cancellation, termination, or material alteration
of said policies or insurance. The Consultant shall be responsible for assuring that the
insurance certificates required by this Section remain in full force and effect for the
duration of this Agreement, including any extensions or renewals that may be granted by
the Village. The Certificates of Insurance shall not only name the types of policy(ies)
provided, but also shall refer specifically to this Agreement and shall state that such
insurance is as required by this Agreement. The Village reserves the right to inspect and
return a certified copy of such policies, upon written request by the Village. If a policy is
due to expire prior to the completion of the Services, renewal Certificates of Insurance
shall be furnished thirty (30) calendar days prior to the date of their policy expiration.
Contract No. 2022-XX Page 5 of 33
Each policy certificate shall be endorsed with a provision that not less than thirty (30)
calendar days' written notice shall be provided to the Village before any policy or
coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval
of the Village.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker's
Compensation Insurance, the Village is to be specifically included as an Additional
Insured for the liability of the Village resulting from Services performed by or on behalf
of the Consultant in performance of this Agreement. The Consultant's insurance,
including that applicable to the Village as an Additional Insured, shall apply on a primary
basis and any other insurance maintained by the Village shall be in excess of and shall not
contribute to the Consultant's insurance. The Consultant's insurance shall contain a
severability of interest provision providing that, except with respect to the total limits of
liability, the insurance shall apply to each Insured or Additional Insured (for applicable
policies) in the same manner as if separate policies had been issued to each.
9.4. Deductibles. All deductibles or self -insured retentions must be declared to and be
reasonably approved by the Village. The Consultant shall be responsible for the payment
of any deductible or self -insured retentions in the event of any claim.
9.5. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate
against any of its employees or applicants for employment because of their race, color, religion,
sex, or national origin, and will abide by all Federal and State laws regarding
nondiscrimination.
11. Attorneys Fees and Waiver of Jury Trial
11.1. In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys' fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses charged
for representation at both the trial and appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1. The Consultant shall indemnify and hold harmless the Village, its officers, agents
and employees, from and against any and all demands, claims, losses, suits, liabilities,
causes of action, judgment or damages, to the extent caused by Consultant's negligent
performance or non-performance of any provision of this Agreement, including, but not
limited to, liabilities arising from contracts between the Consultant and third parties made
pursuant to this Agreement. Consultant shall reimburse the Village for all its expenses
including reasonable attorneys' fees and costs incurred in and about the defense of any
Contract No. 2022-XX Page 6 of 33
such claim or investigation and for any judgment or damages arising from Consultant's
performance or non-performance of this Agreement.
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the
Village nor shall anything included herein be construed as consent to be sued by third
parties in any matter arising out of this Agreement or any other contract. The Village is
subject to section 768.28, Florida Statutes, as may be amended from time to time.
12.3. The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand -delivery, by
registered or certified mail with postage prepaid return receipt requested, or by a private postal
service, addressed to the parties (or their successors) at the addresses listed on the signature
page of this Agreement or such other address as the party may have designated by proper
notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami -Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1. This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by either
party, other than those that are expressly set forth herein.
15.2. No agent, employee, or other representative of either party is empowered to modify
or amend the terms of this Agreement, unless executed with the same formality as this
document.
16. Ownership and Access to Records and Audits.
16.1. Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information, and
all similar or related information (whether patentable or not) which relate to Services to
the Village which are conceived, developed or made by Consultant during the term of this
Agreement ("Work Product") belong to the Village. Consultant shall promptly disclose
such Work Product to the Village and perform all actions reasonably requested by the
Village (whether during or after the term of this Agreement) to establish and confirm such
ownership (including, without limitation, assignments, powers of attorney and other
instruments).
16.2. Consultant agrees to keep and maintain public records in Consultant's possession
or control in connection with Consultant's performance under this Agreement. The Village
Manager or her designee shall, during the term of this Agreement and for a period of three
(3) years from the date of termination of this Agreement, have access to and the right to
examine and audit any records of the Consultant involving transactions related to this
Contract No. 2022-XX Page 7 of 33
Agreement. Consultant additionally agrees to comply specifically with the provisions of
Section 119.0701, Florida Statutes. Consultant shall ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not
disclosed, except as authorized by law, for the duration of the Agreement, and following
completion of the Agreement until the records are transferred to the Village.
16.3. Upon request from the Village's custodian of public records, Consultant shall
provide the Village 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 by Chapter 119, Florida Statutes, or as otherwise provided by law.
16.4. Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of the Village.
16.5. Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Consultant
shall be delivered by the Consultant to the Village Manager, at no cost to the Village,
within seven (7) days. All such records stored electronically by Consultant shall be
delivered to the Village in a format that is compatible with the Village's information
technology systems. Once the public records have been delivered upon completion or
termination of this Agreement, the Consultant shall destroy any and all duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements.
16.6. Any compensation due to Consultant shall be withheld until all records are received
as provided herein.
16.7. Consultant's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the Village.
16.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE
CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records: Jocelyn Brewster Koch
Mailing address: 88 West McIntyre Street
Key Biscayne, FL 33149
Telephone number: 305-365-5506
Email: jkoeh rc,keybiscayne.fl.goi
Contract No. 2022-XX Page 8 of 33
17. Nonassignability. This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the Village Manager. The Village is relying upon the apparent
qualifications and expertise of the Consultant, and such firm's familiarity with the Village's
area, circumstances and desires.
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the fullest
extent permitted by law.
19. Independent Consultant. The Consultant and its employees, volunteers and agents shall be
and remain an independent contractor and not an agent or employee of the Village with respect
to all of the acts and services performed by and under the terms of this Agreement. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking, enterprise or venture between the parties.
20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances,
rules, regulations, and lawful orders of public authorities in carrying out Services under this
Agreement, and in particular shall obtain all required permits from all jurisdictional agencies
to perform the Services under this Agreement at its own expense.
21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action
with respect to any conduct of the other which is in violation of the terms of this Agreement
shall not be construed as a waiver of the violation or breach, or of any future violation, breach
or wrongful conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed and
shall be fully enforceable by either party.
23. Prohibition of Continuencv Fees. The Consultant warrants that it 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 it has not paid or agreed to pay any
person(s), company, corporation, individual or firm, other than a bona fide employee working
solely for the Consultant, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by
reference, including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which shall
be deemed an original and such counterparts shall constitute one and the same instrument.
Contract No. 2022-XX Page 9 of 33
26. Conflicts; Order of Priority. This document without exhibits is referred to as the "Base
Agreement." In the event of a conflict between the terms of this Base Agreement and any
exhibits or attachments hereto, or any documents incorporated herein by reference, the conflict
shall be resolved in the following order of priorities and the more stringent criteria for
performance of the Services shall apply:
26.1. First Priority: this Base Agreement;
26.2. Second Priority: Change Orders with later date taking precedence;
26.3. Third Priority: Exhibit C — Rate Schedule;
26.4. Fourth Priority: Exhibit A — Scope of Services;
26.5. Fifth Priority: Exhibit B — Consultant's Proposal; and
26.6. Sixth Priority: Work Orders, with later date taking precedence.
27. E -Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the Village requires
all contractors doing business with the Village to register with and use the B -Verify system to
verify the work authorization status of all newly hired employees. The Village will not enter
into a contract unless each party to the contract registers with and uses the E -Verify system.
The contracting entity must provide of its proof of enrollment in E -Verify. For instructions on
how to provide proof of the contracting entity's participation/enrollment in E -Verify, please
visit: https://www.e-verify.aov/faq/how-do-i-provide-proof-of my-participationenrollment-
in-e-verify. By entering into this Agreement, the Consultant acknowledges that it has read
Section 448.095, Florida Statutes; will comply with the E -Verify requirements imposed by
Section 448.095, Florida Statutes, including but not limited to obtaining E -Verify affidavits
from subcontractors; and has executed the required affidavit attached hereto and incorporated
herein.
28. Mandated Federal Agreement Conditions.
28.1.1. In connection with the performance of this Agreement, Consultant acknowledges
that compensation for the Work performed under this Agreement may be fully or partially
funded using the Coronavirus State and Local Fiscal Recovery Funds allocated to the Village
pursuant to the American Rescue Plan Act. As such, Consultant shall comply with all laws,
rules, regulations, policies, and guidelines (including any subsequent amendments to such
laws, regulations, policies, and guidelines) required by the American Rescue Plan Act,
including, but not limited to the following documents and guidelines, which are incorporated
herein and made a part of this Agreement:
i.Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (2 CFR Part 200), as applicable;
ii.The U.S. Department of the Treasury's Final Rule governing ARPA;
iii.U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds
Award Terms and Conditions (Assistance Listing Number 21.019);
iv.The U.S. Department of the Treasury's Coronavirus State and Local Fiscal Recovery
Funds Frequently Asked Questions;
v.American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement; and
vi.The U.S. Department of the Treasury's ARPA Compliance and Reporting Guidance.
Contract No. 2022-XX Page 10 of 33
A copy of the above -referenced documents are available for inspection by the at the Office of the
Village Clerk and at the following Village link: [INSERT CLOUD LINK TO DOCUMENTS].
28.1.2. Title VI Requirements. Consultant acknowledges that the Village has certified or
will certify compliance with Title VI of the Civil Rights Act of 1964, in the form attached
hereto as Exhibit "L," to the U.S. Department of the Treasury. Towards that end, Consultant
shall ensure that performance of work in connection with this Agreement follows the
certifications contained in Exhibit "L, and shall also adhere to the following provisions:
(1) The Consultant and its subcontractors, successors, transferees, and assignees shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of
federal financial assistance from excluding from a program or activity, denying benefits
of, or otherwise discriminating against a person on the basis of race, color, or national
origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's
Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and
made a part of this Agreement. Title VI also includes protection to persons with
"Limited English Proficiency" in any program or activity receiving federal financial
assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the
Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference
and made a part of this Agreement.
(2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, and that the Consultant
shall undertake an active program of nondiscrimination in its administration of the
Work under this Agreement.
28.1.3. Americans with Disabilities Act Requirements. The Consultant agrees to comply
with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. §§ 12101 et seq.),
which prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government services,
and telecommunications. Additionally, Consultant agrees to comply with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. §§ 3601), which prohibits discrimination against
individuals on the basis of discrimination under any program or activity under this Agreement.
28.1.4. Age Discrimination Act of 1975. Consultant shall comply with the requirements of
42 U.S.C. §§ 6101 et seq., as amended, and the Treasury's implementing regulations (31 CFR
Part 23), which prohibits the discrimination on the basis of age in programs or activities under
this Agreement.
28.1.5. Protections for Whistleblowers.
28.1.5.1. In accordance with 41 U.S.C. § 4712, Consultant may not discharge,
demote, or otherwise discriminate against an employee in reprisal for disclosing to
any of the list of persons or entities provided below, information that the employee
reasonably believes is evidence of gross mismanagement of a federal contract or
grant, a gross waste of federal funds, an abuse of authority relating to a federal
contract or grant, a substantial and specific danger to public health or safety, or a
Contract No. 2022-XX Page 11 of 33
violation of law, rule, or regulation related to a federal contract (including the
competition for or negotiation of a contract) or grant.
28.1.5.2. The list of persons and entities referenced in the paragraph above includes
the following:
i.A Member of Congress or a representative of a committee of Congress.
ii.An Inspector General
iii.The Government Accountability Office.
iv.A Federal employee responsible for contract or grant oversight or management at
the relevant agency.
v.An authorized official of the Department of Justice or other law enforcement
agency.
vi.A court or grand jury.
vii.A management official or other employee of the Consultant, subcontractor, the
State of Florida, or the Village who has the responsibility to investigate, discover.
or address misconduct.
28.1.5.3. The Consultant shall inform its employees in writing of the rights and
remedies provided under this section, in the predominant native language of the
workforce.
28.1.6. Compliance with Immigration and Nationality Act (INA). Consultant hereby
certifies that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act ("INNA")].
28.1.7. Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217,
Consultant shall adopt and enforce policies or programs that require employees to use seat
belts while operating or traveling on vehicles owned, rented, or personally owned by the
Consultant and its employees while performing the Work.
28.1.8. Texting While Driving Ban. Pursuant to Executive Order 13513, 74 FR 51225,
Consultant shall adopt and enforce policies that ban text messaging while driving and
workplace safety policies designed to decrease accidents caused by distracted drivers.
28.1.9. Publication. Consultant shall obtain approval from the Village in writing prior to
issuing any publications in connection with this Agreement. If approved by the Village, the
Consultant shall include the following language in any and all publications issued:
"This Project is [being funded/was supported! in part by federal award number
(FAIN) .[ Insert Project FAIN! awarded to the Village of Key Biscayne by the U.S.
Department of the Treasury."
28.1.10. Reporting Conflict of Interests. Consultant agrees to disclose in
writing to the Village, U.S. Department of the Treasury, and the State of Florida, as
appropriate, any potential conflicts of interest affecting the use of funds awarded under
the American Rescue Plan Act in accordance with 2 CFR 200.112.
Contract No. 2022-XX Page 12 of 33
28.2. Compliance with Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards (2 CFR Part 200). In accordance with the Final Rule
and other guidelines provided in connection with the American Rescue Plan Act, Consultant
shall be subject to the federal Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards under 2 CFR Part 200, including, but not limited to:
28.2.1. Equal Employment Opportunity Compliance. During the performance of this
Agreement, the Consultant agrees as follows:
(1)
The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. The Consultant will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without regard to
their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising;
b. layoff or termination;
c. rates of pay or other forms of compensation; and
d. selection for training, including apprenticeship
The Consultant agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The Consultant will, in all solicitations or advertisements for employees placed by or
on behalf of the Consultant, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
The Consultant will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
Consultant's legal duty to furnish information.
(4) The Consultant will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Consultant's
commitments under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(3)
Contract No. 2022-XX Page 13 of 33
(5) The Consultant will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the U.S. Secretary of
Labor.
(6) The Consultant will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the administering agency and the U.S. Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7)
In the event of the Consultant's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Consultant may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the U.S. Secretary of Labor, or as otherwise provided by law.
(8) The Consultant will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
Consultant will take such action with respect to any subcontract or purchase order as
the administering agency 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 vendor as
a result of such direction by the administering agency, the Consultant may request the
United States to enter into such litigation to protect the interests of the United States.
28.2.2. Contract Work Hours and Safety Standards Act Compliance. During the
performance of this Agreement, the Consultant shall comply with the provisions of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 through 3708), including as
follows:
28.2.2.1. Overtime requirements. No Consultant or subcontractor contracting for any part of
the Agreement Work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
28.2.2.2. Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (1) of this section the Consultant and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
Contract No. 2022-XX Page 14 of 33
such Consultant and subcontractor shall be liable to the United States, for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (1) of this section.
28.2.2.3. Withholding for unpaid wages and liquidated damages. The Village shall upon its
own action or upon written request of an authorized representative of the U.S.
Department of Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the Consultant or subcontractor under any such contract
or any other Federal contract with the same Consultant, or any other federally -assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held
by the same Consultant, such sums as may be determined to be necessary to satisfy any
liabilities of such Consultant or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (2) of this section.
28.2.2.4. Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (1) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The
Consultant shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
28.2.3. Clean Air Act Compliance. During the performance of this Agreement, the
Consultant shall comply with the provisions of Clean Air Act (42 U.S.C. § 7401 et seq., as
amended) and specifically agrees as follows:
28.2.3.1. The Consultant agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq.
28.2.3.2. The Consultant agrees to report each violation to the Village and understands and
agrees that the Village will, in turn, report each violation as required to assure
notification to the Environmental Protection Agency Region 4 (Southeast) Office.
28.2.3.3. The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
28.2.4. Federal Water Pollution Control Act Compliance. During the performance of this
Agreement, the Consultant shall comply with the provisions of Federal Water Pollution
Control Act (33 U.S.C. § 1251 et seq., as amended) and specifically agrees as follows:
28.2.4.1. The Consultant agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.
1251 et seq.
Contract No. 2022-XX Page 15 of 33
28.2.4.2. The Consultant agrees to report each violation to the Village and understands and
agrees that the Village will, in turn, report each violation as required to assure
notification to the Environmental Protection Agency Region 4 (Southeast) Office.
28.2.4.3. The Consultant agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this
Agreement.
28.2.5. Debarment and Suspension Compliance. During the performance of this
Agreement, the Consultant warrants that Consultant or its subcontractors are not debarred,
suspended, or otherwise ineligible for contract awards under Executive Orders 12549 and
12689. Consultant shall comply with the following provisions:
28.2.5.1. This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S.
Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2
C.F.R. pt. 3000. As such the Consultant is required to verify that none of the Consultant,
its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
28.2.5.2. The Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
28.2.5.3. This certification is a material representation of fact relied upon by the Village. If
it is later determined that the Consultant did not comply with 2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Village, the
Federal Government may pursue available remedies, including but not limited to
suspension and/or debarment.
28.2.5.4. The Consultant agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The
Consultant further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
28.2.5.5. Consultant certifies that they:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a Federal
department or agency;
ii. Have not, within a five (5) -year period preceding this proposal, been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal,
State or Local) transaction or contract under public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property.
Contract No. 2022-XX Page 16 of 33
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (Federal, State or Local); and
iv. Have not, within a five (5) -year period preceding this Agreement, had one or more
public transactions (Federal, State or Local) terminated for cause or default. If the
Consultant is unable to obtain and provide such certification, then the Consultant
shall attach an explanation to this Agreement as to why not.
28.2.6. Byrd Anti -Lobbying Amendment (31 U:S C. § 1352, as amended). During the
performance of this Agreement, the Consultant and its subcontractors shall comply with the
provisions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352, as amended).
Specifically, Consultant represents and warrants as follows:
28.2.6.1. No Funds received by the Consultant under this Agreement have been paid or will
be paid, by or on behalf of the Consultant, to any person for influencing or attempting
to influence an officer or employee of any agency, a member of Congress, an officer
or employee of Congress, or an employee of a member of Congress in connection with
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.
28.2.6.2. If any monies, other than Funds received by Consultant under this Agreement, have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, the Consultant shall complete and
submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with
its instructions.
28.2.6.3. The Consultant shall require that this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all such sub -
recipients shall certify and disclose accordingly.
28.2.6.4. 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 the Byrd Anti -
Lobbying Amendment (31 U.S.C. 1352). 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.
28.2.7. Copeland "Anti -Kickback" Act. During the performance of this Agreement, the
Consultant and its subcontractors shall comply with the provisions of the Copeland "Anti -
Kickback" Act as follows:
28.2.7.1. The Consultant shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. part 3 as may be applicable, which are incorporated by
reference into this Agreement.
28.2.7.2. Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the federal government may by appropriate
instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
Contract No. 2022-XX Page 17 of 33
compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
28.2.7.3. Breach. A breach of the contract clauses above may be grounds for termination of
this Agreement, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
28.2.8. Procurement of Recovered Materials. Consultant shall comply with the provisions
of 2 C.F.R.323, including Section 6002 of the Solid Waste Disposal Act. Towards that end, in
the performance of this Agreement, the Consultant shall make maximum use of products
containing recovered materials that are EPA -designated items, unless the product cannot be
acquired: (1) competitively within a timeframe providing for compliance with the contract
performance schedule; (2) meeting contract performance requirements; or (3) at a reasonable
price.
Information about this requirement, along with the list of EPA -designated items, is available
at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg program.
28.2.9. Domestic Preferences for Procurements. To the greatest extent practicable,
Consultant and its subcontractors shall provide preference for the purchase, acquisition, or use
of goods, products, or materials produced in the United States, in accordance with 2 CFR
200.322, "Domestic preferences for procurements."
28.2.10. 2 CFR Subpart F— Audit Requirements. Consultant shall assist the Village
in complying with the audit requirements under 2 CFR Subpart F — Audit Requirements
("Federal Audit Provisions") and the reporting requirements of the U.S. Department of the
Treasury's Final Rule, as amended, and other guidelines issued in connection with the
American Rescue Plan Act.
28.2.10.1. Consultant shall assist the Village in complying with the Federal Audit Provisions
by providing the Village, the State of Florida, the U.S. Department of the Treasury, the
Treasury Office of the Inspector General, the Government Accountability Office, or
other federal government entities, and any of their duly authorized representatives,
access to personnel, accounts, books, records, supporting documentation, and other
information relating to the performance of the Agreement or the Work
("Documentation") necessary to complete federal audits. Consultant shall promptly
assist the Village in the event Documentation must be supplemented to address audit
findings or other federal inquiries.
28.2.1 0.2. Consultant shall keep all Documentation up-to-date throughout the performance of
this Agreement and the Work. Consultant shall provide the Village with all
Documentation for each fiscal year by October 1 of each year or within five days of the
completion of the Work, whichever occurs first. Consultant shall assist the Village in
complying with additional guidance and instructions issued by the U.S. Department of
the Treasury governing the reporting requirements for the use of American Rescue Plan
Act Coronavirus State and Local Fiscal Recovery Funds.
Contract No. 2022-XX Page 18 of 33
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first
stated above.
VILLAGE OF KEY BISCAYNE CONSULTANT
By: _ By:
Steven C. Williamson
Village Manager Name:
Attest: Title:
Entity:
By:
Jocelyn B. Koch
Village Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Hellman Cole & Bierman, Y.L.
Village Attorney
Addresses for Notice:
Village of Key Biscayne Addresses for Notice:
Attn: Village Manager
88 West McIntyre Street
Key Biscayne, FL 33149
305-365-5514 (telephone)
305-365-8936 (facsimile) (telephone)
swilliamson@keybiscayne.fl.gov (email) (facsimile)
(email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, Y.L. With a copy to:
Attn: Chad Friedman, Esq.
Village of Key Biscayne Attorney
2800 Ponce de Leon Boulevard, Suite I200
Coral Gables, FL 33134
cfriedman@wsh-law.com (email) _ (telephone)
(facsimile)
(email)
Contract No. 2022-XX Page 19 of 33
E -VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing
business with the Village to register with and use the E -Verify system to verify the work
authorization status of all newly hired employees. The Village will not enter into a contract unless
each party to the contract registers with and uses the E -Verify system.
The contracting entity must provide of its proof of enrollment in E -Verify. For instructions on
how to provide proof of the contracting entity's participation/enrollment in E -Verify, please visit:
https://www.e-veriiy.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify°
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E -Verify requirements imposed by it, including but not limited
to obtaining E -Verify affidavits from subcontractors.
0 Check here to confirm proof of enrollment in E -Verify has been attached to this Affidavit.
In the presence of: Signed, sealed and delivered by:
Witness #1 Print Name:
Print Name:
Title:
Witness #2 Print Name: Entity Name:
ACKNOWLEDGMENT
State of Florida
County of
The foregoing instrument was acknowledged before me by means of 0 physical presence or 0
online notarization, this day of , 20i, by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument is executed).
Notary Public (Print, Stamp, or Type as
Commissioned)
Personally known to me; or
Produced identification (Type of Identification: )
Did take an oath; or
Did not take an oath
Contract No. 2021-08-I8 Page 20 of 33
EXHIBIT "A"
SCOPE OF SERVICES
A. Introduction
1. The Consultant shall provide the Services to assist the Village in developing and executing
various Projects for the development, implementation, and management of the Plan
consistent with this Scope of Services and the Consultant's Proposal. The Services for the
Plan shall be provided in three phases:
Phase 1: Identification of strategies and Projects for the Plan;
Phase 2: Development of an implementation program for the Plan; and
Phase 3: Management and Execution of the Plan.
2. The Consultant shall review, analyze, and consider the studies and reports identified in
Section E of this Scope of Services.
B. Phase 1: Develop the Resilient & Sustainable Infrastructure Program Strategy
1. The program strategy will first identify and define the risks the Village faces by assessing
environmental threats and infrastructure -related vulnerabilities. Based on the projected
risks, the strategy will outline a mitigation approach to protect the Village and ensure a
resilient and sustainable future. It will envision the Village in 2050, with clear resilient and
sustainable infrastructure goals and supporting objectives to guide the effort and the
investment required to achieve a safe, well -protected and resilient future. The vision will
be framed by the desired economic, social, health and safety, and environmental outcomes.
2. Key considerations for the strategy include, but are not limited to:
a. Perform a community risk assessment to identify and evaluate climate and
environmental related threats and infrastructure, systemic and regulatory/legal
vulnerabilities to the Village
b. Identify and evaluate existing, ongoing and projected Village, Miami -Dade County
or State of Florida strategies, or any other similarly impactful studies, programs,
projects, actions, etc. and integrate into program strategy
c. Identify potential fundamental solutions to address the risks in order to protect the
Village and lead to a more resilient and sustainable future for the community
d. Envision the Village in 2050 with designated infrastructure related goals and
supporting objectives to guide the resilience efforts and investment needed to
achieve the desired future
e. Align the resilient infrastructure program strategy with the Village's overarching
goals and objectives, its Vision Board's visioning process, and its pending
Comprehensive Master Plan
Contract No. 2022-XX Page 21 of 33
EXHIBIT "A"
SCOPE OF SERVICES
f. Ensure the program strategy directly supports and complements the USACE
Coastal Storm Risk Management (USACE CSRM) plan to protect the Village's
oceanside shoreline and its resultant benefits
g.
Formulate the strategy's guiding principles and structure a mitigation approach that
details the necessary lines of efforts and their supporting actions to achieve the
desired resilient and sustainable future for the Village
h. Frame the vision by economic, social, health and safety and environmental
considerations to demonstrate a positive return on investment to the community
i. Create a program brand and a communications and engagement plan
C. Phase II: Develop the Resilient and Sustainable Infrastructure Integration and
Implementation Plan
1. Based on the program strategy's community risk assessment, program goals and objectives,
and expected return on investment, the Resilient and Sustainable Infrastructure Integration
and Implementation Plan further develops each of the lines of effort (LOE) to achieve the
program's 2050 vision.
2. Key considerations for the implementation plan include, but are not limited to:
a. Outline the Village's five proposed lines of effort to fully define the comprehensive
approach of the program. As a starting point the LOEs and their sub -efforts include,
but are not limited to:
i. Shoreline Protection
1. USACE CSRM oceanside shoreline protection
2. Seawalls and living shorelines for protection from back bay effects
3. Village boundary protection
ii. Stormwater System Upgrades
1. Gray solution
2. Green solutions
3. Water quality monitoring and solutions (BMP treatment trains)
4. Outfall improvements
5. Supporting land acquisition and easements
iii. Utility Resilience and Protection
Contract No. 2022-XX Page 22 of 33
EXHIBIT "A"
SCOPE OF SERVICES
1. Assess and integrate Florida Power and Light's electrical line
undergrounding and hardening options
2. Include telecommunications utilities
3. Integrate with water and sewer systems
a. Coordinate with Miami -Dade County -Water and Sewer
Department for a list of programmed projects, a condition
assessment of current assets, and a commitment to a
combined plan
b. Create a standing joint powers agreement (WA) for work
integration
4. Integrate remaining septic tank to sewer line transitions
iv. Roadway and Right -of -Way Improvements
1. How the entire right-of-way can complement stormwater systems
and water quality initiatives
2. Resilient Infrastructure Program Strategy and Integrated
Implementation Plan, and Supporting Program Management and
Execution
3. Evaluate strategic conversion of roads into one way to expand
rights -of -way for increased stormwater storage
4. Assess required elevations and changes in road configurations
5. Identify potential materials to assist in leading to stormwater and
water quality solutions
6. Resulting in Village -wide complete streets
a. Integrating landscaping, shade and similar natural benefits
b. Assessing traffic flow and safety
c. Including street lighting
v. Supporting Efforts
1. Code and regulation review
Contract No. 2022-XX Page 23 of 33
EXHIBIT "A"
SCOPE OF SERVICES
2. Seawall, living shoreline, native/resilient landscaping, base flood
elevations initiatives
3. Offer new design and building standard strategies
4. Integrate with Miami -Dade County Local Mitigation Strategy
(LMS)
5. Consider affects from the National Flood Insurance Program's
changes in floodplain management and insurance
6. Optimization of stormwater and related impact fee methodology
b. For each LOE, develop an overarching goal and supporting objectives, priorities,
estimated costs, timelines, funding strategy, action plan and desired outcomes
c. Integrate LOEs vertically across time, space and changing environmental
conditions to create a fully synchronized 15 -year capital improvement and a
detailed implementation plan with a phased timeline and defined resultant
outcomes
d. Chart a comprehensive, synchronized and prioritized program, project and action
plan, showing project relationships and specifying project priority, project costs,
potential operation and maintenance costs for each project, project timeline, project
sequencing, funding sources, best procurement method, supporting resources,
permitting requirements, etc.
e. Ensure program and supporting projects are fully synchronized with the USACE
CSRM project so that both efforts jointly protect the oceanside waterfront and the
project's benefits area east of Crandon Blvd.
f. Identify elements within specific LOEs that should be prioritized to sequence with
the USACE oceanside shoreline protection efforts (dune
enhancement/reinforcement, tieback walls from dune line to Crandon Blvd) so that
the benefit areas east of Crandon Blvd will be safeguarded from back bay
inundation due to sea level rise and storm surge (USACE construction is not
anticipated to commence until 2027)
g.
Identify required program resources to include staff structure and capacity, systems
and processes, expertise, etc. to achieve program goals and objectives
h. Propose a staff execution task force charter that includes its purpose, composition,
expertise, workflow and duties
i. Identify key collaborators, partners, experts and strategic relationships to support
Village's program efforts and investments
Contract No. 2022-XX Page 24 of 33
EXHIBIT "A"
SCOPE OF SERVICES
Identify potential program constraints, restrictions and complexities. Offer creative
ways to overcome these obstacles to maintain program synchronization
k. Develop a combined internal and external funding strategy consisting of general
funds, enterprise and special revenue funds, bonds, grants, revolving funds,
appropriations, emerging programs, partnerships and pilot test opportunities
1. Develop a method to manage, monitor, control and report program progress
m. Develop a program and project risk management process
n. Create a change management process to enable continued program and project
synchronization
o. Develop a lessons learned process to capture best practices and initiate necessary
changes to the Village's zoning, planning, building, public works, procurement,
funding and construction ordinances, policies and standards
p. Recommend program stewardship and compliance guidelines
q.
Establish a program evaluation plan comprised of metrics and methods to measure
progress and a plan to monitor the operating environment to remain aware of
changes, identify emerging opportunities and threats, and retain the agility to adjust
accordingly
D. Phase 3: Manage Execution of the Resilient & Sustainable Infrastructure Integration and
Implementation Plan
1. Consultant shall serve as the Village's Program Manager during any construction phase
related to, or stemming from, this Project. Any design and construction activity related to,
or stemming from, the Project will be performed by firm(s) currently under contract with
the Village through a CCNA solicitation process completed earlier this year (2021), or by
firm(s) selected through a separate solicitation process independent from this RFQ. The
Successful Respondent for this RFQ will be deemed ineligible to perform design,
consulting, other A/E or construction services for the infrastructure improvement initiative
projects that are part of the integrated implementation plan.
2. Consultant shall manage, coordinate and integrate multiple, concurrent infrastructure
projects, at specific stages from assignment through completion. This includes, but is not
limited to:
a. program management consisting of project scoping, project/program scheduling,
cost estimating, recommending optimal procurement strategies, and risk
assessment;
b. project initiation and program monitoring, controlling and reporting;
c. project/construction management throughout the project phases (planning, design,
permitting, procurement, construction, closeout, warranty or related services);
Contract No. 2022-XX Page 25 of 33
EXHIBIT "A"
SCOPE OF SERVICES
d. as needed, assisting in the procurement of architecture, engineering, and
construction services under the direction of the Village's Procurement Officer, and
in accordance with governing state law and Village ordinances and policies;
e. assisting the Village in coordinating with outside agencies, and construction
inspection;
f as needed, providing professional and technical expertise, such as architectural and
engineering services and construction administration, CADD operator and
construction inspector capabilities; and
g. as needed, providing program support services such as public relations, budgeting,
permitting, procurement and finance staff augmentation. Other services may
include value engineering analysis, constructability reviews, materials
compatibility analysis, and miscellaneous tasks associated with the Village's
Resilient & Sustainable Infrastructure Integration and Implementation Plan.
E. General and Background Information for Scope of Services and Requirements
1. General Information
a. The Village is located on an island approximately six (6) miles into Biscayne Bay
and connected to the mainland via the Rickenbacker Causeway. Crandon
Boulevard, a four -lane road with a median, bisects the Village. Shopping centers
and single purpose commercial buildings line Crandon Boulevard. Towards the
west lies single family homes. The east side of Crandon Boulevard consists of mid
to high rise multiple family buildings, one single family district, townhomes, and
another single-family area that is part of a planned unit development. The
incorporated Village is flanked by two large parks: Crandon Park to the north and
Bill Baggs Cape Florida Recreation Area to the south. The latter receives over a
million visitors per year and is a major contributor to traffic congestion on
weekends and holidays. The Village is the home to approximately 15,000 residents
living on 1.1 sq. miles.
b. Through its earlier and ongoing work, the Village has developed a conceptual
strategy consisting of five lines of effort as follows:
i. Shoreline protection
ii. Stormwater system enhancements
iii. Utilities resilience and protection
iv. Roadway improvements, and
v. Supporting planning, zoning, building and regulatory actions (see Figure
A).
c. To effectively guide the infrastructure improvement initiative, the Village envisions
a three -step process, beginning with the development of a "Program Strategy, and
an Integration and Implementation Plan." Development of the Plan should begin
with defining the overall strategy. The first two steps are distinct efforts to enable
early and focused strategic and design thinking which will then set the vision and
Contract No. 2022-XX Page 26 of 33
EXHIBIT "A"
SCOPE OF SERVICES
conditions for detailed integration and implementation planning. Once the
implementation plan is developed, the third step is to form a program management
team to oversee and execute the overall infrastructure improvement initiative.
2. Background
a. Over the past 20 years, as the Village has grown and enhanced municipal service
has been required, it has undertaken a range of studies and planning efforts that now
serve as a foundation for developing the road map towards a future resilient Key
Biscayne. These documents are available as context for the development of the
requested "Program Strategy, Integration and Implementation Plan."
b. Shoreline Protection. Coastal Risk Consulting Village of Key Biscayne Flood
Vulnerability Assessment and Adaptation Report (2017) - Coastal Risk
Consulting, LLC (Coastal Risk) was retained by the Village of Key Biscayne (VKB
or the Community) to perform a Flood Vulnerability and Risk Assessment,
specifically focused on the effects of Sea Level Rise (SLR) and tidal flooding.
Additionally, the assessment examines storm surge associated with hurricanes, and
areas at risk for flooding due to groundwater.
c. Moffatt and Nichol / EAC Consulting Inc., Key Biscayne Beach Management
Feasibility Study (2018) - Provided a study along with conceptual engineering
designs of beach nourishment and submerged breakwaters for the beach along Key
Biscayne. Moffatt and Nichol (M&N) reviewed and compiled existing available
data sets regarding beach profile conditions, shoreline positions, nearshore seagrass
mapping, offshore waves, and sediment characteristics in the study area. M&N
compiled, reviewed, and analyzed the wind, wave, and profile data. The annual
shoreline changes and profile volume changes since 1997 were estimated, and the
analyzed results were compared with the data in the 1997 Long Range Beach
Nourishment Plan (1997 Report) prepared by other consultants. The net sand loss
on the project area was reviewed and summarized relative to longshore sediment
transport. The evaluation included a summary of beach management projects
constructed on Key Biscayne since 1969, as well as graphics from the 1997 Plan
referencing the impacts of Government Cut on the downdrift shoreline.
d. Utilities Resilience and Protection. Kimley-Horn Utility Undergrounding
Master Plan - In the Spring of 2017, Village Council took thefirst step in the
complete utility undergrounding process and approved a consultant to prepare a
master plan to map out the underground conversion to its completion. The master
plan was completed in 2019 and provides a guide for the design and implementation
of the utility undergrounding program. It also provides guidance on how to balance
and manage priorities, such as cost, project duration, traffic impacts, and other
capital improvement needs during the utility undergrounding project. This
masterplan summarized the following activities and recommendations: a) data
Contract No. 2022-XX Page 27 of 33
EXHIBIT "A"
SCOPE OF SERVICES
collection, b) design criteria and conceptual design description, c) phasing and
sequencing plan, d) project delivery methods, e) risk assessment, f) traffic
management plan, g) public outreach program, h) opinion of schedule, i) opinion
of probable cost.
e. Stormwater System. Since the Village of Key Biscayne incorporated in 1991, it
has performed a range of infrastructure master planning, design, construction, and
management efforts to evolve the overall infrastructure system to where it is today.
At the core of the system is the Village owned and operated stormwater drainage
network of gravity driven drains, catchments, discharge wells and outfalls, distinct
from the Miami -Dade Water and Sewer Department (MD-WASD) owned and
operated water and sewer network. The stormwater network has evolved over the
past 50 years from virtually non-existent to a rudimentary system to a relatively
well-connected network of drainage basins generally flowing to outfalls or shallow
wells. However, the system has aged significantly, and more challenging
environmental boundary conditions have reduced the efficacy of the gravity driven
system with ensuing inundation impacts. Evolution of the stormwater network has
progressed gradually since Village incorporation in 1991 through various master
planning and updating efforts (all of which are available from the Village as
needed):
i. 1993 — VKB Stormwater Master Plan (developed, William, Hatfield,
Stoner)
ii. 2001-- VKB Stormwater Master Plan (update 1, TetraTech)
iii. 2011— VKB Stormwater Master Plan (update 2, TetraTech)
iv. 2015 — VKB Stormwater Master Plan (hydraulic analysis, EAC) The
2015 update to the stormwater master plan focused on the hydraulic and
hydrologic analyses and evaluation of VKB's storm watershed,
incorporating infrastructure improvements undertaken by the Village prior
to 2015. The plan also proposed implementation tasks as well as
improvements needed to achieve an acceptable stormwater management
level of service for the Village. The effort did not incorporate sea level rise
considerations or climate change impacts to precipitation events. Tier One
Improvements — Tideflex Valves (completed) Tier Two Improvements —
Identified critical basins, proposed new drainage wells, recommended
infrastructure improvements (SEA LEVEL RISE NOT CONSIDERED)
v. 2019 — Technical Memorandum for Development of Design -Build
Criteria for Stormwater and Road Improvements for the K-8 Basin of
the Village of Key Biscayne (GIT Consulting LLC.) - Established the
existing hydrologic conditions to determine current flood elevations and
identify deficiencies of the stormwater system for mitigation of flooding
events in the vicinity of the K-8 School. Utilized SLR predictions for 2040
and 2060 to determine future hydrologic conditions and potential increase
in flood elevations, frequency and duration of flooding. Evaluated future
hydrologic conditions for years 2040 and 2060 using projected sea level rise
conditions based on the projections developed by United States Army of
Contract No. 2022-XX Page 28 of 33
EXHIBIT "A"
SCOPE OF SERVICES
Corp Engineers (USACE). Developed design criteria for road elevations
and stormwater system improvements which took into consideration years
2040 and 2060 as the future hydrologic conditions combined with projected
sea level rise scenarios. Proposed and evaluated a set of stormwater
improvements. The objective of the improvements was to mitigate current
flooding within the K-8 school stormwater basin of the Village of Key
Biscayne and flooding for future conditions in 2040 and 2060.
vi. 2020 — Technical Memorandum Depth of Flood Damage Analysis of the
Properties within the K-8 School Area (GIT Consulting LLC.) Analyzed
costs of structural damages and road closures based on depth damage
function (DDF) analysis for 134 households and associated roads of Village
of Key Biscayne (VKB) within the K-8 School area before and after
mitigation. The analysis included five different scenarios consistent with
the Federal Emergency Management Agency's (FEMA) specifications for
reporting DDF and extended outside of the domain to account for benefits
to adjacent properties by including four additional properties to total of 138
households. The memorandum covered: a) Review of existing and pre -
mitigation hydrologic conditions for the area in the vicinity of the K-8
School, b) analysis of hydrologic conditions in post -mitigation scenarios,
and c) development of damage estimates as per FEMA/Florida Department
of Transportation (FDOT) methodologies.
vii. 2020 (May) — Village Council approves agreement with AECOM - The
focus of the agreement is design criteria professional services for
stormwater utility and right-of-way improvements. AECOM will be
charged with the development of the Design Criteria Packages for
improvement of the overall stormwater system and implementation of the
Tier 2 Improvements identified in the 2015 VKB Stormwater Master Plan
hydraulic analysis conducted by EAC.
viii. 2021 (April) — AECOM Task Order 1 (completed) - Task Order 1 was
focused on: 1) an evaluation of the VKB stormwater master plan hydraulic
analysis (2015) and completion of a gap analysis on the numerical utilized,
2) a boundary conditions analysis (rainfall, tides, sea level rise), 3)
discharge opportunity/deficit analysis, and 4) evaluation of rightsof- way
and suitable green infrastructure options.
Roadway Improvements
i. Corradino Group, Transit Mobility Study 2015 — Consultant developed
a transit mobility study to address island -wide transportation concerns, both
internal circulation (within the Village) as well as external (in and out of the
Village). Traffic congestion, safety and roadway system capacity were
addressed.
ii. Village -wide High Resolution LIDAR Survey of Roadways and
Infrastructure Assets (2021-2022)
Contract No. 2022-XX Page 29 of 33
EXHIBIT "A"
SCOPE OF SERVICES
1. This ongoing project will provide the Village land surveying
services for stormwater utility and right-of-way improvements.
Surveying is being undertaken in accordance with all applicable
laws, building and environmental regulations, including code
requirements for the State of Florida, Miami -Dade County, and the
Village of Key Biscayne. The Village is obtaining a topographic
survey of all publicly owned rights -of -way utilizing LiDAR
scanning technology to include the following:
a. Centerlines, rights -of -way, survey curve data, and
ownership (property) lines
b. A graphical baseline
c. Locate edges of pavement, sidewalks, driveway locations
and material, fire hydrants, water and force main valves,
water service meters, paved areas, utility castings, curb and
gutters, signs, utility and light poles, walls, fences, pad
mounted electrical equipment and communications
pedestals, Pump Stations (full surface feature locations,
rims, valves, controls, structure limits), edges of water
(lakes, ocean, intercoastal waterways, wetlands, retention
areas, etc.), and all other significant aboveground features
within the Survey limits with the exception of: Storm and
sanitary sewer structures (rims and inverts, pipe size and
material), and sewer lateral cleanout locations shall not be
obtained as part of this survey.
d. All trees with a 3 -inch diameter or greater or 12 feet high or
greater
e. All road names, lot/block numbers, easements (utility,
drainage, etc.), geographical
f. tie -downs to centerline of at least one major road.
g. All elevations will be referenced to the North American
Vertical Datum of 1988
h. (NAVD88)
i. All control points will have Northing and Easting
j. Finished floor elevation of buildings, homes, garages, etc.
k. 3D data viewing platform such as SCENE 2go or equivalent
(as an add alternate)
g.
Supporting Planning, Zoning, Building and Regulatory Actions
i. Corradino Group, Evaluation and Appraisal Report (EAR) 2018 — The
Evaluation and Appraisal Report (EAR) is a periodic analysis of the goals,
objectives, and policies set forth in the Village's Master Plan
(comprehensive plan) required by State law. The State of Florida requires
each city to produce an EAR every seven years. The Village's most recently
completed EAR was due to the State on July 1, 20L8. The EAR evaluated
Contract No. 2022-XX Page 30 of 33
EXHIBIT "A"
SCOPE OF SERVICES
each element of the Village's Comprehensive Masterplan and suggested
amendments to the plan.
ii. Key Biscayne Sustainability Plan (2014) — The Sustainability Plan's
intent is to help the Village of Key Biscayne develop and implement
policies and initiatives consistent with responsible stewardship of Key
Biscayne's environment and infrastructure. It included a series of short- and
long-term goals to be managed by a full-time Sustainability and
Procurement Director.
Contract No. 2022-XX Page 31 of 33
EXHIBIT "B"
CONSULTANT'S PROPOSAL
[INSERT CONSULTANT'S PROPOSAL]
Contract No. 2022-XX Page 32 of 33
EXHIBIT "C"
RATE SCHEDULE
Resilient Infrastructure Program Strategy & Integrated Implementation Plan, and Supporting
Program Management & Execution
HourIv BORE Rate Sheet
Labor Classification
Hottrly Rate
Engagement Outreach Specialist
$75
Clerical
577
Program Assistant
585
Technician
S92
Program Administrator
S110
_
Construction Inspector
5112
Sr. Engagement Outreach Specialist
$110
Desi ►er
5112
Staff Engineer'Scienrist
5122
GIS Specialist
_ 5135
Construction Coordinator
$131
Project Engineer architect S cientist
5150
Program Scheduler
$160
Resident Project Representative
5144
Sr. Technician
$160
Sr. Resident Project Representative
5158
Sr. Proj. Engine lrlrrhitect+Scientist
$180
Sr. Program Controls
5195
Enain.eering Mona e1
5190
Construction Manager
5115
Project Manager _
3210
Senior Project Manager
5244}
Senior Cost Estimator
$225
Senior Construction Manager
5260
Technical Specialist
5252
Senior Technical Specialist
5271
Program Director
5266
Lead Program Manager
5295
Contract No. 2022-XX Page 33 of 33