Item C25M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
May 17, 2017
Agenda Item Number: C25
Agenda Item Summary #2927
BULK ITEM: Yes DEPARTMENT: Engineering / Roads
TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329
n/a
AGENDA ITEM WORDING: Approval of a Task Order in the amount of $263,690.28 with Keith
& Schnars, P.A., for construction engineering and inspection (CEI) services and owner's
representative services for the Design /Build Of Card Sound Toll Authority Tolling System Upgrade
Project. The task order is being awarded under the On Call contract for Professional Engineering
Services.
ITEM BACKGROUND: Monroe County has decided to convert the Card Sound Toll Plaza from
manual collection of tolls to an All Electronic Toll (AET) facility system. A construction
engineering and design (CEI) consultant is needed to oversee construction. A low bid Design/Build
technical and bid proposal for construction has been placed on the May 2017 BOCC meeting agenda
for approval.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved an On Call Professional
Engineering Services contract with Keith & Schnars, P.A. at the January 16, 2014 meeting.
The BOCC approved a task order with HDR Engineering, Inc. to develop the Design/Build RFP and
provide procurement process support for the for the Card Sound Toll Authority Tolling System
Upgrade Project at the November 22, 2016 meeting (Item F -26).
The BOCC approved a contract with TransCore, LP, to install, test and activate an all- electronic toll
collection system at the Card Sound Toll (Item C -15).
CONTRACT /AGREEMENT CHANGES:
New
STAFF RECOMMENDATION: Approval as requested above
DOCUMENTATION:
KS CEI task order
Keith & Schnars - EXEC & amend 1 - 3 -18 -15
FINANCIAL IMPACT:
Effective Date: May 17, 2017
Expiration Date: 30 days after Substantial Completion of construction
Total Dollar Value of Contract: $263,690.28
Total Cost to County: $263,690.28
Current Year Portion: $263,690.28
Budgeted: Yes
Source of Funds: 401 Card Sound Toll
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes
Grant:
County Match:
Insurance Required: Yes
Additional Details:
If yes, amount: Toll collection
05/17/17 401 -22502 - CARD SOUND ROAD
$263,690.28
REVIEWED BY:
Judith Clarke
Completed
04/28/2017 4:47 PM
Christine Limbert
Completed
05/01/2017 9:41 AM
Budget and Finance
Completed
05/01/2017 9:58 AM
Maria Slavik
Completed
05/01/2017 12:32 PM
Kathy Peters
Completed
05/01/2017 3:26 PM
Board of County Commissioners
Pending
05/17/2017 9:00 AM
TASK ORDER FOR CONSTRUCTION ENGINEERING AND INSPECTION
(CEI) SERVICES BETWEEN MONROE COUNTY AND KEITH & SCHNARS
FOR DESIGN /BUILD OF
CARD SOUND TOLL AUTHORITY TOLLING SYSTEM UPGRADE PROJECT
In accordance with the Continuing Contract for Construction Engineering and Inspection
(CEI) Services made and entered on the 16th day of January 2014 between Monroe
County hereinafter referred to as the "County" and Keith & Schnars hereinafter
referred to as "Consultant" where professional services are allowed if construction costs
do not exceed $2,000,000.
All terms and conditions of the referenced Continuing Contract for Construction
Engineering and Inspection (CEI) Services apply to the Task Order, unless the Task
Order modifies an Article of the Agreement of which will be specifically referenced in this
Task Order and the modification shall be precisely described.
This Task Order is effective on the 17 Day of May, 2017.
Article II Scope of Basic Services, Paragraph 2.1.1 is amended as follows:
The scope of services will include construction engineering and inspection (CEI)
services and owner's representative services as described in Attachments A and B of
this Task Order for the Design /Build Of Card Sound Toll Authority Tolling System
Upgrade Project.
Article VII, Paragraph 7.1 is amended to include the following:
The Consultant shall be paid monthly based on hourly rates per the continuing services
contract and estimated staff hours as follows:
Personnel
Estimated
Hours
Hourly Rate
Total
Design Review Services
Senior Engineer
56
$125.00
$7,000
Senior Architect
56
$126.00
$7,056
Senior Project Engineer
152
$150.00
$22,800
Senior Project Manager
140
$150.00
$21,000
Chief Engineer
36
$180.00
$6,480
CEI Services
Senior Project Engineer
132
$180.00
$23,760
Contract Support Specialist
264
$103.77
$27,395.28
Senior Inspector
660
$91.65
$60,489
Inspector
495
$90.00
$44,550
Tolling and Building Inspector
330
$126.00
$41,580
Materials Sampling & Testing
$1,580.00
Total Not To Exceed Amount
$263,690.28
CEI Services — Design/Build Of Card Sound Toll Authority Tolling System Upgrade Project
May 17, 2017
Page 1 of 20
Article IX, Paragraph 9.21 is amended to include the following:
Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I
of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or other
"public record" materials in its possession or under its control subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the County and Contractor in
conjunction with this contract and related to contract performance. The County shall
have the right to unilaterally cancel this contract upon violation of this provision by the
Contractor. Failure of the Contractor to abide by the terms of this provision shall be
deemed a material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that would
be required by the County to perform the service. If the Contractor transfers all public
records to the County upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the County,
upon request from the County's custodian of records, in a format that is compatible with
the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the requested
records, the County shall immediately notify the Contractor of the request, and the
Contractor must provide the records to the County or allow the records to be inspected
or copied within a reasonable time.
CEI Services — Design/Build Of Card Sound Toll Authority Tolling System Upgrade Project
May 17, 2017
Page 2 of 20
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The Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision or as
otherwise provided by law,
IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly
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Attest: Kevin Maxine. Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
by:
Mayor/Chairman
ATTACHMENT A
CEI and Owner's Representative Scope of Services
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CEI Services — Design/Build Of Card Sound Toll Authority Tolling System Upgrade Project
May 17, 2017
Page 4 of 20
1.0 The Consultant shall provide Construction Engineering and Inspection Services for
the Card Sound Tolling System Upgrade Project.
Pursuant to Section 4.1.4 of the FDOT's Construction Project Administration Manual
(CPAM), the authority of the Consultant's lead person, such as the Senior Project
Engineer, and the Consultant's Project Administrator shall be identical to the
Department's Resident Engineer and Project Administrator respectively and shall be
interpreted as such.
Services provided by the Consultant shall comply with FDOT manuals, procedures, and
memorandums in effect as of the date of execution of the Task Order unless otherwise
directed in writing by the County.
On a single Construction Contract, it is a conflict of interest for a professional firm to
receive compensation from both the County and the Contractor either directly or
indirectly.
The Consultant shall utilize the U.S. Department of Homeland Security's E- Verify
system to verify the employment eligibility of all new employees hired by the Consultant
during the term of the Contract and shall expressly require any subconsultants performing
work or providing services pursuant to the Contract to likewise utilize the U.S.
Department of Homeland Security's E -Verify system to verify the employment eligibility
of all new employees hired by the subconsultant during the Contract term.
2.0 LENGTH OF SERVICE
The Consultant services for the Construction Contract shall begin upon written
notification to proceed by County.
The Consultant Senior Project Engineer will track the execution of the Construction
Contract such that the Consultant is given timely authorization to begin work. While no
personnel shall be assigned until written notification by the County has been issued, the
Consultant shall be ready to assign personnel within two weeks of notification. For the
duration of the project, the Consultant shall coordinate closely with the County and
Contractor to minimize rescheduling of Consultant activities due to construction delays
or changes in scheduling of Contractor activities.
For estimating purposes, the Consultant will be allowed an accumulation of thirty (30)
working days to perform preliminary administrative services prior to the issuance of the
Contractor's notice to proceed and thirty (30) calendar days to demobilize after final
acceptance of the Construction Contract.
3.0 DEFINITIONS:
A. Resident Engineer The Engineer assigned to a particular Project or area to
administer Construction Contracts for the County.
B. Construction Project Manager The County employee assigned to manage the
Construction Engineering and Inspection Contract and represent the County
during the performance of the services covered under this Agreement.
CEI Services — Design/Build Of Card Sound Toll Authority Tolling System Upgrade Project
May 17, 2017
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C. Engineer of Record The Engineer noted on the Construction plans as the
responsible person for the design and preparation of the plans.
D. Consultant The Consulting firm under contract to the County for administration
of Construction Engineering and Inspection services.
E. Agreement The Professional Services Agreement between the County and the
Consultant setting forth the obligations of the parties thereto, including but not
limited to the performance of the work, furnishing of services, and the basis of
payment.
F. Consultant Senior Project Engineer The Engineer assigned by the Consultant to
be in charge of providing Construction Contract administration for one or more
Construction Projects. This person may supervise other Consultant employees
and act as the lead Engineer for the Consultant.
G. Consultant Project Administrator The employee assigned by the Consultant to be
in charge of providing Construction Contract administration services one or more
Construction Projects.
H. Contractor The individual, firm, or company contracting with the County for
performance of work or furnishing of materials.
L Construction Contract The written agreement between the County and the
Contractor setting forth the obligations of the parties thereto, including but not
limited to the performance of the work, furnishing of labor and materials, and the
basis of payment.
CPAM Florida Department of Transportation, Construction Project
Administration manual; latest.
K. Department Florida Department of Transportation
L. F.D.O.T. Florida Department of Transportation.
M. County Monroe County Board of County Commissioners.
4.0 REQUIREMENTS
4.1 General
It shall be the responsibility of the Consultant to administer, monitor, and inspect
the Construction Contract such that the project is constructed in reasonable
conformity with the plans, specifications, and special provisions for the
Construction Contract.
The Consultant shall observe the Contractor's work to determine the progress
and quality of work, identify discrepancies, report significant discrepancies to the
County, and direct the Contractor to correct such observed discrepancies.
The Consultant is hereby designated by the County to negotiate Supplemental
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May 17, 2017
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Agreements. However, the Consultant must seek input from the Construction
Project Manager. The Consultant shall prepare the Supplemental Agreement as a
recommendation to the County, which the County may accept, modify or reject
upon review. The Consultant shall consult with the Construction Project
Manager, as it deems necessary and shall direct all issues, which exceed its
delegated authority to the Construction Project Manager for County action or
direction.
The Consultant shall advise the Construction Project Manager of any significant
omissions, substitutions, defects, and deficiencies noted in the work of the
Contractor and the corrective action that has been directed to be performed by the
Contractor. Work provided by the Consultant shall not relieve the Contractor of
responsibility for the satisfactory performance of the Construction Contract.
4.2 Survey Control
The Consultant shall check or establish the survey control baseline(s) along with
sufficient baseline control points and bench marks at appropriate intervals along
the project in order to: (1) make and record such measurements as are necessary
to calculate and document quantities for pay items; (2) make and record pre -
construction and final cross section surveys of the project site in those areas
where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part
of the construction project; and (3) perform incidental engineering surveys. The
Senior Project Engineer will establish the specific survey requirements for each
project prior to construction.
Any questions or requests for "Waiver of Survey" should be directed to the
Senior Project Engineer.
4.3 On -site Inspection
The Consultant shall monitor the Contractor's on -site construction activities and
inspect materials entering into the work in accordance with the plans,
specifications, and special provisions for the Construction Contract to determine
that the projects are constructed in reasonable conformity with such documents.
The County will monitor all off -site activities and fabrication. The Consultant
shall keep detailed accurate records of the Contractor's daily operations and of
significant events that affect the work.
Consultant shall be responsible for monitoring and inspection of Contractor's
Work Zone traffic control plan and review of modifications to the Work Zone
Traffic Control Plan, including alternate Work Zone Traffic Control Plan, in
accordance with F.D.O.T. procedures. Consultant employees performing such
services shall be qualified in accordance with F.D.O.T. department procedure.
4.4 Sampling and Testing
The Consultant shall perform sampling and testing of component materials and
completed work in accordance with the Construction Contract documents.The
minimum sampling frequencies set out in the Department's Materials Sampling,
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Testing and Reporting Guide shall be met. In complying with the aforementioned
guide, the Consultant shall provide daily surveillance of the Contractor's Quality
Control activities at the project site and perform the sampling and testing of
materials and completed work items that are normally done in the vicinity of the
project for verification and acceptance.
The Consultant shall be specifically responsible for job control samples
determining the acceptability of all materials and completed work items on the
basis of either test results or verification of a certification, certified mill analysis,
DOT label, DOT stamp, etc.
Sampling, testing and laboratory methods shall be as required by the
Department's Standard Specifications, Supplemental Specifications or as
modified by the special provisions of the Construction Contract.
Documentation reports on sampling and testing shall be submitted to responsible
parties during the same week that the construction work is done.
If required, the Consultant will transport samples to be tested in a Department
laboratory to the appropriate laboratory or appropriate local FDOT facility.
4.5 Engineering Services
The Consultant shall coordinate the Construction Contract administration
activities of all parties other than the Contractor involved in completing the
construction project. Notwithstanding the above, the Consultant is not liable to
the County for failure of such parties to follow written direction issued by the
Consultant.
Services include maintaining the required level of surveillance of Contractor
activities, interpreting plans, specifications, and special provisions for the
Construction Contract, maintaining complete, accurate records of all activities
and events relating to the project, and properly documenting all significant
project changes.
(1) Schedule and attend, within ten (10) days after the Notice to Proceed, a
pre - construction conference for the project. The Consultant shall provide
appropriate staff to attend and participate in the pre - construction
meeting.
(2) The Consultant shall record a complete and concise record of the
proceedings of the pre - construction meeting and distribute copies of this
summary to the participants and other interested parties within seven
days.
(3) Analyze the Contractor's schedule(s) (i.e. baseline(s), revised
baseline(s), updates, as- built, etc.) for compliance with the contract
documents. Elements including, but not limited to, completeness, logic,
durations, activity, flow, milestone dates, concurrency, resource
allotment, and delays will be reviewed. Verify the schedule conforms
with the construction phasing and MOT sequences, including all contract
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modifications. Provide a written review of the schedule identifying
significant omissions, improbable or unreasonable activity durations,
errors in logic, and any other concerns as detailed in CPAM.
(4) Verify that the Contractor is conducting inspections, preparing reports
and monitoring all storm water pollution prevention measures associated
with the project.
(5) Analyze problems that arise on a project and proposals submitted by the
Contractor, endeavor to resolve such issues, and process the necessary
paperwork.
(6) Produce reports, verify quantity calculations, field measure for payment
purposes as needed to prevent delays in Contractor operations and ensure
prompt processing of such information in order for the County to make
timely payment to the Contractor.
(7) Provide Public Information services as required to manage inquiries from
the public, public officials, and the news media. Prepare newsletters for
distribution to adjacent property owners. The County Construction
Project Manager shall approve all notices, brochures, responses to news
media, etc., prior to release.
(8) Prepare and submit to the Construction Project Manager monthly, a
Construction Status Reporting System (CSRS) report.
(9) Schedule and conduct a meeting with the County Engineering Office at
least forty -five (45) calendar days prior to project final acceptance. The
purpose of this meeting is to discuss the required documentation,
including as- builts, necessary to close out the permit(s).
(10) Video tape the pre - construction conditions throughout the project limits.
Provide a digital photo log or video of project activities, with heavy
emphasis on potential claim items /issues and on areas of real /potential
public controversy.
(11) The Consultant shall have a digital camera for photographic
documentation of noteworthy incidents or events to cover the following
areas:
(a). Pre - construction photographs
(b). Normal and exceptional progress of work
(c). Critical path activities
(d). Accidents showing damage
(e). Unsafe working conditions
(f). Unusual construction techniques
CEI Services — Design/Build Of Card Sound Toll Authority Tolling System Upgrade Project
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(g). Damaged equipment or materials
(h). Any activity, which may result in claims
These photographs will be filed and maintained on the Consultant's
computer. Copies of photographs will be electronically transferred to the
County at an interval determined by the Senior Project Engineer and the
Construction Project Manager.
The taking of the photographs shall begin the day prior to the start of
construction and continue regularly throughout this project. Photographs
shall be taken the days of Conditional, Partial and /or Final Acceptance.
(13) Provide a Resident Compliance Specialist for surveillance of the
Contractor's compliance with Construction Contract requirements.
(14) As needed, prepare and make presentation before the Dispute Review
Boards in connection with the project covered by this Agreement
5.0 ITEMS TO BE FURNISHED BY THE COUNTY TO CONSULTANT
A. The County, on as needed basis, will furnish the following Construction Contract
documents for this project. These documents may be provided in either paper or
electronic format.
Construction Documents (drawings, specifications)
Special Provisions
Copy of the executed Construction Contract.
6.0 ITEMS FURNISHED BY THE CONSULTANT
6.1 County Documents
All applicable documents referenced herein shall be a condition of this
Agreement.
62 Vehicles
Vehicles will be equipped with appropriate safety equipment and must be able
to effectively carry out requirements of this Agreement. Vehicles shall have
the name and phone number of the consulting firm visibly displayed on both
sides of the vehicle.
6.3 Field Equipment
The Consultant shall supply survey, inspection and testing equipment, essential
in order to carry out the work under this Agreement. Such equipment includes
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May 17, 2017
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those non - consumable and non - expendable items, which are normally needed
for a CEI project and are essential in order to carry out the work under this
Agreement.
Hard hats shall have the name of the consulting firm visibly displayed.
Equipment described herein and expendable materials under this Agreement
will remain the property of the Consultant and shall be removed at completion
of the work.
The Consultant's handling of nuclear density gauges shall be in compliance
with their license.
The Consultant shall retain responsibility for risk of loss or damage to said
equipment during performance of this Agreement. Field office equipment shall
be maintained and in operational condition at all times.
6.4 Licensing for Equipment Operations
The Consultant will be responsible for obtaining proper licenses for equipment
and personnel operating equipment when licenses are required. The Consultant
shall make the license and supporting documents available to the County, for
verification, upon request.
Radioactive Materials License for use of Surface Moisture Density Gauges
shall be obtained through the State of Florida Department of Health.
7.0 LIAISON
The Consultant shall keep the Construction Project Manager informed of all significant
activities, decisions, correspondence, reports, and other communications related to its
responsibilities under this Agreement, and seek input from the Construction Project
Manager in order for the Construction Project Manager to oversee the Consultant's
performance.
Agreement administrative duties relating to Invoice Approval Requests, Personnel
Approval Requests, User ID Requests, Time Extension Requests, and Amendment and
Supplemental Amendment Requests shall be reviewed and approved by the Construction
Project Manager.
8.0 PERSONNEL
8.1 General Requirements
The Consultant shall staff the project with the qualified personnel necessary to
efficiently and effectively carry out its responsibilities under this Agreement.
Not all positions listed below may be required; however, personnel performing a
specific task must have the qualifications required for the task.
Unless otherwise agreed by the County, the County will not compensate straight
overtime or premium overtime for the positions of Senior Project Engineer,
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Project Administrator, Contract Support Specialist, and Associate Contract
Support Specialist.
8.2 Personnel Oualifications
The Consultant shall utilize only competent personnel, qualified by experience,
and education. The Consultant shall submit in writing to the Construction Project
Manager the names of personnel proposed for assignment to the project,
including a detailed resume for each containing at a minimum salary, education,
and experience. The Consultant Action Request form for personnel approval
shall be submitted to the Construction Project Manager at least two weeks prior
to the date an individual is to report to work.
Personnel identified in the Consultant technical proposal are to be assigned as
proposed and are committed to performing services under this Agreement.
Personnel changes will require written approval from County. Previously
approved staff, whose performance is unsatisfactory, shall be replaced by the
Consultant within one week of County notification.
Before the project begins, all project staff shall have a working knowledge of the
current CPAM and must possess all the necessary qualifications /certifications for
obtaining the duties of the position they hold. Cross training of the Consultant's
project staff is highly recommended to ensure a knowledgeable and versatile
project inspection team but shall not be at any additional cost to the County and
should occur as workload permits. Visit the training page on the State
Construction Office website for training dates.
Minimum qualifications for the Consultant personnel are set forth as follows.
Exceptions to these minimum qualifications will be considered on an individual
basis. The County Engineer or designee will have the final approval authority.
CEI SENIOR PROJECT ENGINEER - A Civil Engineer degree and be
registered in the State of Florida as a Professional Engineer (or if registered in
another state, the ability to obtain registration in the State of Florida within six
months) and six years of engineering experience (two years of which are in
major road and bridge construction), or for non - degreed personnel the
aforementioned registration and ten (10) years of engineering experience (two
years of which are in major road or bridge construction). Qualifications include
the ability to communicate effectively in English (verbally and in writing); direct
highly complex and specialized construction engineering administration and
inspection program; plans and organizes the work of subordinate and staff
members; develops and/or reviews policies, methods, practices, and procedures;
and reviews programs for conformance with County standards. Also must have
the following:
Qualification:
FDOT Advanced MOT
Pass the CTQP examination covering the training video "Grouting of Bridge
Post - tensioning Tendons" (If applicable)
Attend the CTQP Quality Control Manager course and pass the examination.
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Certifications: None
A Master's Degree in Engineering may be substituted for one (1) year
engineering experience.
CEI PROJECT ADMINISTRATOR -A Civil Engineering degree plus two (2)
years of engineering experience in construction of major road or bridge
structures, or eight (8) years of responsible and related engineering experience,
two (2) years of which involved construction of major road and bridge structures.
Receives general instructions regarding assignments and is expected to exercise
initiative and independent judgment in the solution of work problems. Directs
and assigns specific tasks to inspectors and assists in all phases of the
construction project. Will be responsible for the progress and final estimates
throughout the construction project duration. Must have the following:
Qualifications FDOT Intermediate MOT Pass the CTQP examination covering
the training video "Grouting of Bridge Post - tensioning Tendons" (If applicable)
CTQP Final Estimates Level II
Certifications None
Other Attend CTQP Quality Control Manager Course and pass the examination
A Master's Degree in Engineering may be substituted for one (1) year of
engineering experience
CEI CONTRACT SUPPORT SPECIALIST - A Civil Engineering Degree or
High School diploma or equivalent and four years of road & bridge construction
engineering inspection (CEI) experience having performed /assisted in project
related duties (i.e., progress and final estimates, EEO compliance, processing
Construction Contract changes, etc.) or a Civil Engineering degree. Should
exercise independent judgment in planning work details and making technical
decisions related to the office aspects of the project. Should be familiar with the
County's Procedures covering the project related duties as stated above and be
proficient in the computer programs necessary to perform these duties. Shall
become trained in CTQP Final Estimates Level II course and maintain a current
qualification.
CEI SENIOR INSPECTOR/ CEI SENIOR ENGINEER INTERN — High
school graduate or equivalent plus four years of experience in construction
inspection, two years of which shall have been in bridge and /or roadway
construction inspection.
Must have the following:
Qualifications
CTQP Concrete Field Inspector Level I
CTQP Concrete Transportation Construction Inspector (CTCI) Level 11 (all
bridges) CTQP Asphalt Roadway Level I (If applicable)
CTQP Asphalt Roadway Level 11 (If applicable)
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CTQP Earthwork Construction Inspection Level I
CTQP Earthwork Construction Inspection Level II
CTQP Pile Driving Inspection (If applicable) CTQP Drilled Shaft Inspection (If
applicable)
CTQP Grouting Technician Level I (If applicable)
CTQP Post - Tensioning Technician Level I (If applicable)
FDOT Intermediate MOT
CTQP Final Estimates Level I
Certifications
Nuclear Radiation
Safety
Or a Civil Engineering degree and one year of road & bridge CEI experience
with the ability to earn additional required qualifications within one year. (Note:
Senior Engineer Intern classification requires one year experience as an Engineer
Intern.)
Responsible for performing highly complex technical assignments in field
surveying and construction layout, making, and checking engineering
computations, inspecting construction work, and conducting field tests and is
responsible for coordinating and managing the lower level inspectors. Work is
performed under the general supervision of the Project Administrator.
8.3 Staffing
Once authorized, the Consultant shall establish and maintain an appropriate staff
through the duration of construction and completion of the final estimate.
Responsible personnel, thoroughly familiar with all aspects of construction and
final measurements of the various pay items, shall be available to resolve
disputed final pay quantities until the appropriate Construction Contract has been
paid off.
Construction engineering and inspection forces will be required of the Consultant
at all times while the Contractor is working. If Contractor operations are
substantially reduced or suspended, the Consultant will reduce its staff
appropriately.
In the event that the suspension of Contractor operations requires the removal of
Consultant forces from the project, the Consultant will be allowed ten (10) days
maximum to demobilize, relocate, or terminate such forces.
9.0 QUALITY ASSURANCE (QA) PROGRAM
9.1 Quality Reviews
The Consultant shall conduct semi - annual reviews to make certain his own
organization is in compliance with the requirements cited in the Scope of
Services. Quality Reviews shall be conducted to evaluate the adequacy of
materials, processes, documentation, procedures, training, guidance, and staffing
included in the execution of this Agreement. Quality Reviews shall also be
CEI Services — Design/Build Of Card Sound Toll Authority Tolling System Upgrade Project
May 17, 2017
Page 14 of 20
developed and performed to achieve compliance with specific QA provisions
contained in this Agreement. The semi - annual reviews shall be submitted to the
Construction Project Manager in written form no later than one month after the
review.
On short duration CCEI projects (nine months or less), the CCEI shall perform an
initial QA review within the first two months of the start of construction.
9.2 OA Plan:
Within thirty days after receiving award of an Agreement, the Consultant shall
furnish a QA Plan to the Construction Project Manager. The QA Plan shall detail
the procedures, evaluation criteria, and instructions of the Consultant's
organization to assure conformance with the Agreement. Unless specifically
waived, no payment shall be made until the County approves the Consultant QA
Plan.
Significant changes to the work requirements may require the Consultant to
revise the QA Plan. It shall be the responsibility of the Consultant to keep the
plan current with the work requirements. The Plan shall include, but not be
limited to, the following areas:
A. Organization
A description is required of the Consultant QA Organization and its
functional relationship to the part of the organization performing the
work under the Agreement. The authority, responsibilities and autonomy
of the QA organization shall be detailed as well as the names and
qualifications of personnel in the quality control organization.
B. Ouality Reviews
The Consultant QA shall detail the methods used to monitor and achieve
organization compliance with Agreement requirements for services and
products.
C. Ouality Records
The Consultant will outline the types of records, which will be generated
and maintained during the execution of his QA program.
D. Control of Sub - consultants and Vendors
The Consultant will detail the methods used to control sub - consultants
and vendor quality.
E. Quality Assurance Certification
An officer of the Consultant firm shall certify that the inspection and
documentation was done in accordance with FDOT specifications, plans,
standard indexes, and County procedures.
CEI Services — Design/Build Of Card Sound Toll Authority Tolling System Upgrade Project
May 17, 2017
Page 15 of 20
9.3 Quality Records
The Consultant shall maintain adequate records of the quality assurance actions
performed by his organization (including subcontractors and vendors) in
providing services and products under this Agreement. All records shall indicate
the nature and number of observations made, the number and type of deficiencies
found, and the corrective actions taken. These records shall be available to the
County, upon request, during the Agreement term. All records shall be kept at the
primary job site and shall be subject to audit review.
10.0 CERTIFICATION OF FINAL ESTIMATES
10.1 Final Estimate and As -Built Plans Submittal:
Prepare documentation and records in compliance with the Agreement,
Consultant's approved QC Plan and the County's Procedures.
Submit the Final Estimate(s) and three sets of final as built plans documenting
Contractor's work (one record set with two copies) as follows:
(a) Within thirty calendar days of final acceptance; or
(b) Where all items of work are complete and conditional /partial
acceptance is utilized (Lighting, Plant establishment, etc.) for a
period exceeding thirty calendar days, the final estimate(s) will
be due on the thirtieth (30th) day after conditional /partial
acceptance. A memorandum with documentation will be
transmitted to the Director of Engineering Services at final
acceptance detailing any necessary revisions to the pay items
covered under the conditional /partial acceptance.
The Consultant shall be responsible for making any revisions to the Certified
Final Estimate.
10.2 Certification
Consultant personnel preparing the Certified Final Estimate Package shall be
CTQP Final Estimates Level II qualified.
Duly authorized representative of the Consultant firm will provide a notarized
certification on a form pursuant to Department procedures.
11.0 SUBCONSULTANT SERVICES:
Upon written approval by the Construction Project Manager and the County, and prior to
performance of work, the Consultant may subcontract for engineering surveys, materials
testing, or specialized professional services.
12.0 OTHER SERVICES:
CEI Services — Design/Build Of Card Sound Toll Authority Tolling System Upgrade Project
May 17, 2017
Page 16 of 20
Upon written authorization by the Director of Engineering Services or designee, the
Consultant will perform additional services in connection with the project not otherwise
identified in this Agreement. The following items are not included as part of this
Agreement, but may be required by the County to supplement the Consultant services
under this Agreement.
A. Assist in preparing for arbitration hearings or litigation that occurs during the
Agreement time in connection with the construction project covered by this
Agreement.
B. Provide qualified engineering witnesses and exhibits for any litigation or
hearings in connection with the Agreement.
C. Provide on- and off -site inspection services in addition to those provided for in
this Agreement.
13.0 POST CONSTRUCTION CLAIMS REVIEW
In the event the Contractor submits a claim for additional compensation and/or time after
the Consultant has completed this Agreement, the Consultant shall, at the written request
from the County, analyze the claim, engage in negotiations leading to settlement of the
claim, and prepare and process the required documentation to close out the claim.
Compensation for such services will be negotiated and effected through a Supplement to
this Agreement.
14.0 CONTRADICTIONS
In the event of a contradiction between the provisions of this Scope of Services and the
Consultant's proposal as made a part of their Agreement, the provisions of the Scope of
Services shall apply.
15.0 THIRD PARTY BENEFICIARY
It is specifically agreed between the parties executing this Agreement that it is not
intended by any of the provisions of any part of the Agreement to create in the public or
any member thereof, a third party beneficiary hereunder, or to authorize anyone not a
party to this Agreement to maintain a claim, cause of action, lien or any other damages or
any relief of any kind pursuant to the terms or provisions of this Agreement.
16.0 COUNTY AUTHORITY
The County shall be the final authority in considering contract modification of the
Contractor for time, money or any other consideration except matters agreed to by the
Contractor through contract changes negotiated by the Consultant, as authorized in
Section 9.1 herein.
CEI Services — Design/Build Of Card Sound Toll Authority Tolling System Upgrade Project
May 17, 2017
Page 17 of 20
Owners Renresentative Scone of Services
GENERAL OBJECTIVE
The general objective is for the CONSULTANT to provide all post design services,
including construction engineering and inspection services (CEI) necessary for the duration
of the design -build contract. This includes perform plans reviews, prepare plans
revisions, respond to RF1's, review shop drawings, conduct site visits, and attend all
applicable meetings (progress, hand -off, pre - construction, CEI biweekly progress and
f i n a l acceptance).
OWNER'S REPRESNTATIVE SERVICES
Construction Assistance consists of those Post Design Services on this project, which
may be required to satisfactorily complete construction of the project. This is in
addition to the CEI services that will be provided during the duration of construction.
These services are intended to deal with changed conditions or services not covered
and are not intended for CONSULTANT errors and /or omissions. Errors and Omissions
will be responsibility of the Design /Builder (D /B).
Plans Reviews: The Consultant shall review plans submitted by the Design Build Firm for
compliance with all applicable COUNTY criteria as well as the Request for Proposal
requirements.
Plans Update: The CONSULTANT shall update or revise the plans in accordance with
the Plans Preparation Manual. The CONSULTANT shall make such updates or revisions
for the following:
a. At the conclusion of the construction, the CONSULTANT, if requested by the
COUNTY,shall revise the drawings to reflect as -built conditions based on
marked up prints, drawings, and other data furnished to the CONSULTANT.
b. At the written request of the COUNTY to update or revise the plans as
the result of Engineering Assistance. At the conclusion of said updates or
revisions, the CONSULTANT shall return all drawings and signed and
sealed copies per the Plans Preparation Manual to the COUNTY for its use
and file.
Engineering Assistance: The CONSULTANT shall provide to the COUNTY
qualified representation during the construction phase to deal with issues concerning the
intent and interpretation of the Request for Proposal documents, conceptual construction
plans and documents prepared inthe work. Should differing site conditions be
encountered inthe field and when requested by the COUNTY, the CONSULTANT
shall respond in a timely manner with suitable engineering solutions, which take into
account the changed conditions. On -site appearance of the CONSULTANT shall be
made during construction at the request of the COUNTY or its designated
representative. From time to time during construction, the CONSULTANT may be
requested by the COUNTY or its designated representative to review contractor
CEI Services — Design/Build Of Card Sound Toll Authority Tolling System Upgrade Project
May 17, 2017
Page 18 of 20
proposed field changes or to respond with a recommendation solution to remedy
particular field situations not covered by the plans and specifications.
Shop Drawings: The CONSULTANT shall process all shop drawings for the project.
Special Requirements: The CONSULTANT is aware that Transcore will serve as
representative for all tolling equipment and requirements for this project. The
CONSULTANT will assist Transcore to ensure all design, construction and implementation
requirements are achieved based on the CONTRACTOR'S schedule and provide resources
as necessary.
CEI Services — Design/Build Of Card Sound Toll Authority Tolling System Upgrade Project
May 17, 2017
Page 19 of 20
ATTACMENT B
Construction Engineering and Inspection (CEI) Services and Owner's
Representative Fees
CEI Services — Design/Build Of Card Sound Toll Authority Tolling System Upgrade Project
May 17, 2017
Page 20 of 20
Card Sound Road
Toll Plaza Improvements
Design Review
Staff Hour Fee Estimate
TASK
Senior Engineer
(Terracon)
Senior Architect
(ALAI)
Senior Project
Engineer(K&S)
Senior Poject
Manager(K &S)
Chief Engineer
QA/QC(K &S)
Total Hours
per Task
Total
Hours
Rate
Hours
Rate
Hours
Rate
Hours
Rate
Hours
Rate
Project Management
Y
a
1 Attend Progress Meetings (Bi- weekly) 4/hrs. meeting
0
$125.00
0
$126.00
0
$150.00
72
$150.00
8
$180.00
80
$ 12,240.00'
2 Field Reviews with EoR (2 Reviews 4hrs/ visit)
0
$125.00
0
$126.00
0
$150.00
8
$150.00
8
$180.00
16
$ 2,640.00
96
$ 14,880.00'3
Shop Drawings
1 Roadway
0
$125.00
0
$126.00
24
$150.00
4
$150.00
2
$180.00
30
$ 4,560.00?
-
2 Structures
0
$125.00
0
$126.00
16
$150.00
4
$150.00
2
$180.00
22
$ 3,360.00
a
3 Tolling GantrylEquipment Building
0
$125 .00
24
$126.00
0
$150.00
4
$150.00
2
$180.00
30
$ 3,984.00')
4 Roadway Lighting
0
$125.00
0
$126.00
16
$150.00
4
$150.00
2
$180.00
22
$ 3,360.00
5 Geotechnical ( Foundations)!',
24
$125.00
0
$126.00
0
$150.00
4
$150.00
2
$180.00
30
$ 3,960.00!'
134
$ 19,224.00
Plan Reviews (2 Reviews @ 16 hrs /review)
1 Roadway
0
$125.00
0
$126.00
32
$150.00
8
$150.00
2
$180.00
42
$ 6,360.00
=
2 Structures
0
$125.00
0
$126.00
32
$150.00
8
$150.00
2
$180.00
42
$ 6,360.00'
v Y i :
3 Tolling Gantry /Equipment Buidling
0
$125.00
32
$126.00
0
$150.00
8
$150.00
2
$180.00
42
$ 5,592.00
r a -
4 Roadway Lighting
0
$125.00
0
$126.00
32
$150.00
8
$150.00
2
$180.00
42
$ 6,360.00''
5 Geotechnical (Foundations)
1 32
$125.0101
0
126.001
0
150.001
8
150.001
2
$180.00
42
$ 5,560.00
56
56
152
140
36
210
$ 30,232.00!'
TOTAL
440
$ 64,336.00'
4/20/2017
K KEITH
SCHNARS
Card Sound Road
Toll Plaza Improvements
CEI Fee Estimate
TASK DESCRIPTION IACTIVITY
CLASSIFICATION AND RATES
Payroll
Classification
Contract - Hourly Rates
1
2
'.3
4
5
Total
Total
Senior
ProlectEngmeer
(K &S)
Assiatnt Project
Admisntrator/Contract
Support Specialistl(K &S)
'.Senior Inspector (K &5)
Inspector(K &S)
Tolling & Building ',
Inspector
Work
Labor Costs
$180.00
$103.77
$91.65
$90.00
$126.00
Hours
PHASE 1 - START UP
16.50
33.00
82.50
132.00
$13,955.54
PHASE 2 - CEI INSPECTION SERVICES
99.00
198.00
495.00
495.00
330.00
1617.00
$169,863.21
PHASE 3 - PROJECT CLOSE OUT
16.50
33.00
82.50
132.00
$13,955.54
Total Workhours
132.00
264.00
660.00
495.00
330.00
1881.00
$197,774.28
Sub -Total Dollars
$23,760
$27,395
$60,489
$44,550
$41,580
$197,774.28
Consultant - K &S
$197,774.28
Subconsultant - Terracon (Materials Sampling and Testing)
$1,580.00
Total Dollars*
$199;354.28
4/20/2017
K KEITH
SCHNARS
AMENDMENT I TO THE
b� THUS AMENDMENT I to the Agreement dated January 16, 2014, between Monroe County, whose address
isllOO Simonton Street, Room 2-216 Key West, Florida 33O4O, hereafter the "COU0TY" and Keith /&Schnans, P.A.,
a Corporation of the State of Florida, whose address is6SOD North Andrews Avenue, Fort Lauderdale, Florida
33308, hereafter the "CONSULTANT" is entered into onthis 10 dmVmf S.
WHEREAS, on the 16 1h day of January 2014, the parties entered into an Agreement for On Call
Prnfpssio
projects in w uction costs do not exceed 52,000,000.00 in the torm ot Task Orders issued tor specit
services; and I
!111 11111 1 11 1111 11 111ir I iipl��Iqlii�ii 111] 11 1�
|n WITNESS WHEREOF each party hereto has caused this contract tobe executed by its duly authorized
representative.
IN
By:
Title:
KEITH & SCHNARS, P.A.
Title:
AIPPF</'\/E����7�3����&�
�S S|87
ny�n i�]\n|��]
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This Agreement �Aonamnnmrk'') m�de ond mnhared |nto thia ^~~- mf
3201q bv and bmbwean ~ onnoe County, o political subdivision of ' of Iawaa
address is 1100 Simonton 8tnyet, Key VVeet, Florida, 33040, its ouooemmony and assigns,
hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners
WN
Keith & Schnars, P.A., a Corporation of the State of Florida, whose address is
1500 North Andrews Avenue, Fort Lauderdale, Florida 33309 its successors and assigns,
hereinafter referred to as "CONSULTANT",
WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT
for various County Projects located in Monroe County, Florida and
co
WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects
in which construction costs do not exceed $2,000,000.00
agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule,
charges and payment conditions, and additional terms and conditions that are applicable to such
Task Orders.
The terms and conditions of this Agreement shall apply to each Task Order, except to the extent
expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of
this Agreement to be modified will be specifically referenced in the Task Order and the modification
shall be precisely described.
ROW, THEREFORE, in consideration of the mutual promises, covenants and agreement&
stated herein, and for other good and valuable consideration, the sufficiency of which is here
acknowledged, COUNTY and CONSULTANT agree as follows: I
0 ;'A IrGINts
By executing this Agreement, CONSULTANT makes the following express representations and
warranties to the COUNTY:
1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizatiors
necessary to act as CONSULTANT for the Project until the CONSULTANT'S duti
hereunder have been fully satisfied; i
1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under
which the Work is to be completed.
Mrs a
1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the
CONSULTANT or any of his/her employees, contractors, servants, or agents to be
employees of the Board of County Commissioners for Monroe County.
1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
in its recruiting, hiring, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement shall
be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail,
return receipt requested, to the following:
Ms. Judith Clarke, P.E.
IF
Oirector of Engineering Services
Monroe County
1100 Simonton Street, Room 2-216
'<ey West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the Consultant:
Michael L. Davis
Vice President
6500 North Andrews Avenue
Fort Lauderdale, Florida 33309
-117 Q III I [61 - H-11
N
I
3.1 Additional services are services not included in the Scope of Basic Services. Should the
COUNTY require additional services they shall be paid for by the COUNTY at rates or fees
negotiated at the time when services are required, but only if approved by the COUNTY
before commencement.
3.2 If Additional Services are required the COUNTY shall issue a letter requesting and
describing the requested services to the CONSULTANT. The CONSULTANT shall
respond with a fee proposal to perform the requested services. Only after receiving
amendment to the Agreement and a notice to proceed from the COUNTY, shall the
CONSULTANT proceed with the Additional Services. I
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project includirlie
physical location of work, county maintained roads, maps.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
to the Project, The COUNTY or its representative shall render decisions in a timely manner
pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable
delay in the orderly and sequential progress of the CONSULTANT'S services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware • any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have been
duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render in
T
approvals and decisions as expeditiously as necessary for the orderly progress of the CID
CONSULTANT'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such documents are
generally consistent with the COUNTY's criteria, as, and if, modified. No review of such
documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy,
fitness, suitability • coordination • its work product.
I I I I I I Ras I f; I • I IN •lr;w�z • to 1QR 1ra RE 01S I IF 1-1-1
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced,
or lessened by the insurance requirements contained elsewhere within this agreement.
Should any claims be asserted against the COUNTY by virtue of any deficiency
2mbiguity in the plans and specifications provided • the CONSULTANT, t
CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and sh
indemnify him from all losses occurring thereby and shall further defend any claim
action • the COUNTY'S behalf. I
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
ITITSTIERVIRM 11 1 1 1 1 1 11 1 1 1 FIRE11 1 11ne •
PI I
I■A
The CONSULTANT shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following nameii
individuals will perform those functions as indicated:
7.1 PAY MENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S
performance of this Agreement based on rates negotiated and agreed upon and shown in
Attachment A.
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth
herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the
Local Government Prompt Payment Act 218.70, Florida Statutes.
FA) If the CONSULTANT'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward
or downward;
7.3 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of in
the project: co
a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses
b. Cost of reproducing maps or drawings or other materials used in performing the scope
of services;
03 M =0
7.4.1 The CORS11TART may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess • the amount budgeted for this contract in each fisca'
year (Oct•• er I - September 30) by COUNTY's Board • County Commissioners. The
budgeted amount may only be modified by an affirmative act of the COUNTY's Board of
County Commissioners.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration.
insurance at all Unnea that this Agreement is in effect. In the event the completion of the
project (to include the work of others) is delayed or suspended as g result of the
CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting
from such delay.
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000
Disease, policy limits, $1,000,000 Disease each employee.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence
and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims
made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover
claims made after completion of the project to cover the statutory time limits in Chapter
95 of the Florida Statutes.
COUNTY during the term of this Agreement. COUNTY will not pay for increased limits
of insurance for subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured. The
COUNTY reserves the right to require a certified copy of such policies upon request.
1. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance wil::
be required. In addition, the CONSULTANT may be required to submit updated financia:'
statements from the fund upon request from the COUNTY.
I IT, I b*" 4 4 W-'l 0 1:1 ON
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
The documents prepared bv the CONSULTANT for this Project be|onghotheCOUNTYand mm
T -
may be reproduced and copied without acknowledgement or permission of the wm
CONSULTANT.
M
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
rights in favor of, any third party.
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
(Articles This contract consists of the Request for Proposals, any addenda, the Form of Agreement
the • • response to the RFQ, the documents . • to in
the Form of Agreement as a part of this Agreement, and attachments A, B and C, and
modifications made after execution by written amendment. In the event of any conflict
between any of • documents, one •• • the greater burden on
the CONSULTANT will •i,
9.7 PUBLIC ENTITIES CRIMES
vendor In addition to the foregoing, CONSULTANT further represents that there has been n*
determination, based on an audit, that it or any subconsultant has committed an act defined
by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of the.
amount of money involved or whether CONUSULTANT has been placed on the convicted
COi%SULTANT will promptly :.. • COUNTY or i i ! •......
subconsultant is formally with • • " public f
has been placed i f. • vendor
W-47011 • 1' • • 1, • • I M75TO"T
monies were •. • by
9.10 SEVERABILITY
successors, 9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the COUNTY and CONSULTANT and their respective legal representatives,
• assigns.
Each party represents and warrants to the other that the execution, delivery arrii
performance of this Agreement have been duly authorized by all necessary County anit
corporate action, as required by law.
W .
that all applications, requests, grant proposals, and funding solicitations shall be approved
by each party prior to submission.
1 � � 1 � i 1 3 � � q 6j;LIjLf*;,X*j :a I] 6-IM :4 4
"I ff .10 K96TOT � F �-' W
CONSULTANT and COUNTY covenant that neither presently has any interest, and shal'
not acquire any interest, which would conflict in any manner or degree with its performanca.
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
M
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse
of public position, conflicting employment or contractual relationship; and disclosure or use
of certain infonitatiow. M
The CONSULTANT and COUNTY shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY
shall have the right to unilaterally cancel this Agreement upon violation of this provision by
CONSULTANT.
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any contract entered into by the COUNTY be required to contain any provision for
waiver.
k i Is] k i a N =1 1 1 F- 2 [444 tyaL UOU 0
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
This Agreement may be executed in any number of counterparts, each • which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
a). Appendix I of the FDOT Standard Professional Services Agreement is included as Attachment E.2
c). CONSULTANT will comply, and ensure its sub -consultants will comply, with the Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transactions in 49 C.F.R. Part 29, when applicable.
a). The CONSULTANT and all sub-consultants agree to utilize the U.S Department of Homeland
Security's E-verify System
• verify the employment eligibility of all new employees hired by the
CONSULTANT or sub -consultants during the term • the contract.
6*1 M-M M-A aw
rd to) C-1 to] INI 0-14 kyj [W-Rmm a FLOA 0 i I. &INZE v [W-A A r4o 14 y ISO) 11#1 *1011 aw Il a w 1 a mffl=��
and Voluntary Exclusion for Federal Aid Contracts are included as Attachment C.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
Maj,14NING
RE +',
Amps lov o i l
I P WO A i t - �Mme
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By.
Michael Davis
Title:Vice President
Date: - 7A
J. - I I
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'Keith and Schnans,P.A.
'/CADD/ComputerTeohnioiam
$
87.20 �
Keith and Schnars,P,A.
CB Asphalt Plant Inspector
$
77.05
�Keith and Sohnans,P.A.
CB Contract Support Specialist
$
103.77
Keith d� h P
on c nac� � 4 .
CB Inspector/Engineer Intern
$
67.50
/Kebh and Gchnans,P.k
oCB|TS Inspector
$
90.00
Keith and Gchnans,P�A,
CE| Project Administstor/CB Project Engineer
$
119.60
�Keith and Schnans,P.A.
`'CB Res Compliance Specialist
50.61
Keith and Schnam,P.A.
CB Senior Inspector/Senior Engineer Intern
91.65
'Keith and Gchnans,P.&.
iCB Senior Project Engineer
$
180.00 /
Keith and Schnars, P.A,
Chief Engineer
180.00
Xehhand Schoars,P.A.
Chief Scientist
140.08
Keith and Schnars, P.A.
Chief Utility Coordinator
$
130.26
�Keith and Schna:s,P.A.
Claims Analyst
$
180.00
Keith and Schnam PA
' � �
ea8ner
Designer
$
100.00
/Keith and Schnacs, P.A.
/Engineer
$
I05.00 �
Keith and 5chnao`P.A.
Engineering Intern
80.00
�Keith and Schmacs, P.A.
Environmental Specialist
90.00 �
Keith and 6uhnar4 P.A.
Field Crew Supervisor
95.33
'Keith and Gchnans, P.A.
'G|SGpeda|ist
$
75.00
Keith and 8chnans, P.X.
Instrument Man
$
45.00
Keith and Schnars,P.A.
land Planner
$
80.03
Keith and Schnars,P.A.
Landscape Architect
$
125.00
Keith and Schnan�P.A.
'Landscape Architect |nhern
$
65.16'
Keith and Schnao,P.A.
Landscape Designer
- !
9500
� and 5chnars,P.A.
'Party Chief
�
��Z5
'
Keith and Schua o P.A.
' � .
P| anne,
$
95.00
'Keith and Gchnan4P.A.
'9�ncip�|
'
�
,
�5�OO`
' |
Keith and Sohna:s,P.A.
Project Engineer
120.00
Keith and P
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Project Manager
�
150.00 )
Keith and Schnao,P.A.
Public Information Officer
$
98.65
|Keith and Schnans, P.A.
Rod &4an/ChainK4an
37.60
Keith and Schnars PA
' � .
Scientist
�
74.36
'Keith and Schnacs,P.A.
'Secretary/Clerical
60.03
Keith and Schnars,P.A.
Senior Engineer
160.00
Xeith and Sohnao'P.A.
Senior Engineering Technician
80.00
Keith and Schnans,PA
. .
Senior Environmental 6 i
enor Scientist
$
150.00
'Keith and Smhnocs,P.A.
Landscape Architect
$
150.00
Keith and Schnmn,P.A.
Senior Planner
140.00
Xeithamd Schnars,KA.
'Senior Project Engineer
$
150.00
Keith and Schnacs,P.A.
Senior Scientist
110.00
�Keith and 5ohnars,P.A.
Senior Surveyor &Mapper
123.51
Keith and Suhnars,P.A.
Senior Utility Coordinator
113.98
�Keith and Schnacs,P.A.
Survey Technician
75.38
Keith and Schman,P.A.
Surveying Intern
$
85.49
'Keith and Smhnars,P.A.
!Surveyor &Mapper
$
96.56
Keith and Schnacs, P.A.
Utility Coordinator
$
76.34
Tierra South Florida, Inc.
'Senior Technician
$
75.00
Senior Engineer
$
125.00
,'Project Manager
$
150I0
Principal Engineer
$
111.36
"Project Director
$
106.86 �
Senior Project Manager/Engineer
$
111.56
�T»rojeciManager/Engineer
$
11136 /
Senior Scientist
$
104.24
' Project Scientist
$
84.36
Architectural/Engineering Aide U
$
65.00
�Architect |
$
77.00
Environmental Scientist
$
77.00
''Environmental Scientist |
$
89.00
Planner 11
$
102.00
Project Designer
$
�
126.00 '
Senior Architect
$
126.00
5enior Cost Estimator
$
126.00
Senior Engineer
$
126.00
,Senior Planner
$
126.00
Senior Scientist
$
126.00
Project Architect
$
I4100 �
Project Engineer
$
142�00
Director
$
192.00 �
Principal
$
250.00
Project Manager
$
/
105.00
Senior Project Engineer
$
150.00
!Project Engineer
_�
150.00
Senior Design Engineer
$
125.00
,Senior Designer
$
125.00
Field Engineer
$
I45.00
Field Inspector
$
110.00 |
Computer Aided Design/ Draftsman
$
80.00
m
B
TERPO-EQU-F-DERAL-AID ONTRAQ.T.S.OPU-NOW-1).:
The following terms apply to all contracts in which it is indicated in Section 63 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, data, and cost records relating to this
Agreement shall also be reserved and held by authorized representatives of the United States of America,
B It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may he
entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S.
Department of Transportation, anything to the contrary in this Agreement not withstanding.
C Compliance with Regulations: The Consultant shall comply with the Regulations of the U.S. Department of Transportation
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this Agreement,
G Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this
contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety
Administration may determine to be appropriate, including, but not limited to,
1 withholding of payments to the Consultant under the contract until the Consultant complies and/or
2, connotation, termination or suspension of the contract, in whole or in part,
Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any
share or part of this contract or to nny benefit arising therefrom,
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Interest of Public. Officiakc No member, officer, or employee of the public body or of a local public body during his tenure
or for one year thereafter shall have any Interest, direct or Indirect, in this contract or the proceeds thereof. For purposes
of this provision, public body shall include municipalities and other political subdivisions of Status; and public corporations,
boards, and commissions established under the laws of any State.
K Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from
49 CFR 26,13(b), This statements shall be included in all subsequent agreements between the Consultant and any
subsonsuitant or contractor,
This Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of DOT-assisted contracts. Failure by the Consultant to carry out these
requirements is a material breach of this contract, which may result in termination of this contract or other such
remedy as the recipient deems appropriate.
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 26,51, was erroneous when submitted or has become erroneous by reason of changed
circumstances, tho 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 tior 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
1, employ or retain, or agree to employ or retain, any Firm or person, or
2, pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind;
LO
The Department further acknowledges that this agrearnont 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 Focarof Laws, both criminal and so
civil. 7
so
a 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 or 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 connoction with, procuring or
carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the Stato 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,
ATTACHMENT C
Certification for Disclosure of Lobbying Activities on Federal Aid Contracts
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for
Federal Aid Contracts
N
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375- 030 -33
CERTIFICATION IS I ACTIVITIES PROCUREMENT
oio,
FEDERAL-AID ON ACTS
(Compliance with 49CFR, Section 20.100 ())
The prospective participant certifies, by signing this certification, that to the best of his or her knowledge
r belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer 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, U
amendment, or modification of any federal contract, grant, loan, or cooperative agreement. M
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for 0
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and 0
submit Standard Form-LILL, "Disclosure of Lobbying Activities", in accordance with its instructions. U)
(Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional
Services Administrator or •
the language this certification be included in all i.. subcontracts, exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
i, P.A.
By: Michael L. Davis Date:
- fl Consultant:
Authorized Signature:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030
O PROCUREME1
CERTIFICATIN REG ARD A O
ING DEBRMENT, SUSPENSIN, 10
INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL
AID CONTRACTS
(Compliance with 49CFR, Section 29.510)
(Appendix B Certification]
aeuarillent, aeualuu 111UHSI♦I" , UTUI*1ILdI[IIj exul*ea irom parlicipallon I[] lims LIdI1zjduuuII • dily luuuldl
department • agency.
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