Item G6BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 4/17/13 Division: Growth Management
Bulk Item: Yes X No _ Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Trish Smith — 304 0412
AGENDA ITEM WORDING: Approval to advertise a Request for Qualifications (RFQ) for engineering design and
permitting services and to complete federal documentation requirements for the Scenic Highway overlook grant project. The
services will be funded by the Florida Department of Transportation (FDOT) at 100% up to $150,000 through a Local
Agency Program (LAP) Agreement.
ITEM BACKGROUND: Monroe County and its federal, state, and local partners are working to beautify the US 1 Florida
Keys Scenic Highway with improvements that will enhance the visitors experience and improve the aesthetic qualities of the
highway corridor. While the project is within the guidelines to utilize the County's On Call Professional Services Contracts,
the FDOT has requested that an RFQ be issued to meet the federal grant requirements. FDOT has also requested to review
and approve the draft RFQ. Therefore, this draft may change prior to advertisement. The RFQ will be finalized by the
county attorney and advertised upon receipt of a Notice to Proceed by FDOT. A cost breakdown of the grant includes
$150,000 for the design phase, $1,000,000 for the construction phase, and $80,000 for construction management services.
Proposed locations were identified through a review of the Florida Keys Scenic Highway Master Plan, the Liveable
Communikeys Master Plans, the Overseas Heritage Trail Plan, and through consultations with Overseas Heritage Trail
construction staff, the Florida Keys Scenic Corridor Alliance, the Recreation and Parks Advisory Board and the BOCC. The
Recreation and Parks Advisory Board recommended installing overlooks at Big Pine Key Swimming Hole and Big Pine
Community Park during their January 2013 meeting. After assembling a list of 15 potential sites, staff evaluated the
feasibility of each project based on the following criteria.
• Location within unincorporated Monroe County
• Grant Eligibility
• Available Maintenance Staff
• Allocated Construction Funding by Others
• Lead Agency for the Project
Of the fifteen (15) sites, nine are already being funded or considered for funding by the lead agency. Eleven (11) sites have
existing maintenance staff. Two (2) sites are county owned, and four (4) are not eligible for the scenic highway grant
(ranking attached). The Big Pine Community Park Overlook and the Reynolds Street Pier both received the highest
numerical ranking of five (5) total points. While the Recreation and Parks Advisory Board also recommended an overlook
at Big Pine Swimming Hole, the site is not currently owned or operated by Monroe County. The State of Florida has no
plans to open this site to public use and has indicated to staff that they would consider a lease or surplus option to the
county. In order to maintain the timeline associated with the grant disbursement, staff recommends moving forward with
scenic overlooks at the two county -owned sites. Staff is working with the State of Florida to obtain additional information
on sale and/or surplus of the Big Pine Swimming Hole site and will bring this information to the BOCC upon receipt. Staff
is scheduled to attend the April meetings of the Recreation and Parks Advisory Board and the Florida Keys Scenic Corridor
Alliance to provide an update on the overlook grant and the selected locations.
PREVIOUS RELEVANT BOCC ACTION:
March 20, 2013 — The BOCC approved the Local Agency Program Agreement (LAP) with the Florida Department of
Transportation (FDOT) to design and construct scenic overlooks along the Florida Keys Scenic Corridor. This $1,230,000
project is funded at 100% by the FDOT. No county match is required.
CONTRACT/AGREEMENT CHANGES: Not applicable
STAFF RECOMMENDATIONS: Approval to advertise an RFQ for overlooks at Reynolds Street Pier and
Big Pine Community Park.
TOTAL COST: 0 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: 0 SOURCE OF FUNDS: FDOT grant
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing x Risk Management x
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM #
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MONROE COUNTY
REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL
SERVICES FOR
ENGINEERING DESIGN AND PERMITTING
SERVICES FOR THE FLORIDA KEYS SCENIC
CORRIDOR OVERLOOK PROJECT
BOARD OF COUNTY COMMISSIONERS
Mayor, George Neugent, District 2
Mayor Pro-Tem, Heather Carruthers, District 3
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia Murphy, District 5
COUNTY ADMINISTRATOR
Roman Gastesi, Jr.
CLERK OF THE CIRCUIT COURT
Amy Heavilin
PUBLIC WORKS
Kevin Wilson, P.E.
APRIL 2013
PREPARED BY:
Monroe County Planning and Environmental Resouces Department
And Monroe County Public Works and Engineering Department
RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
_NOTICE OF REQUEST FOR COMPETITIVE
SOLICITATIONS
NOTICE IS HEREBY GIVEN that on , 2013 at 3:00 P.M. the Monroe
County Purchasing Office will receive and open sealed responses for the following:
ENGINEERING/DESIGN AND PERMITTING SERVICES
FOR THE FLORIDA KEYS SCENIC CORRIDOR OVERLOOK
PROJECT, MONROE COUNTY, FLORIDA
Requirements for submission and the selection criteria may be requested from
DemandStar by Onvia at www.demandstar.com OR www.monroecountybids.com
or call toll -free at 1-800-711-1712. The Public Record is available at the Monroe
County Purchasing Office located at The Gato Building, 1100 Simonton Street,
Room 2-213, Key West, Florida. All Responses must be sealed and must be
submitted to the Monroe County Purchasing Office.
RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
TABLE OF CONTENTS
NOTICE OF REQUEST FOR PROPOSALS
SECTION ONE -
Instruction to Respondents
SECTION TWO -
Scope of Work
SECTION THREE -
Draft Contract
SECTION FOUR -
County Forms
RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
SECTION ONE: INSTRUCTION TO RESPONDENTS
1.01 INTRODUCTION/BACKGROUND
Monroe County plans to install two overlooks along the Florida Keys Scenic Highway
Corridor. The first overlook will be located at Reynolds Street Pier in Key West, and the
second overlook will be located at Big Pine Community Park on Big Pine Key. Additional
locations may be considered based on available grant funding and project feasibility. This
project will be funded through a federal Transportation Alternatives Grant from the Florida
Department of Transportation (FDOT).
The County requires the services of a firm or individual to provide engineering/design and
permitting services, National Environmental Policy Act (NEPA) documentation, and other
documentation required by the federal funding source. The project will be funded through a
Local Agency Program (LAP) Agreement with the FDOT; therefore all Federal Highway
Administration regulations and guidelines for use of federal funds will apply. Respondents
must be pre -approved by FDOT.
1.02 COPIES OF RFQ DOCUMENTS
A. Only complete sets of RFQ Documents will be issued and used in preparing
responses. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
B. Complete sets of RFQ Documents may be obtained in the manner and at the
locations stated in the Notice of Request for Qualifications.
1.03 DISQUALIFICATION OF RESPONDENT
A. NON -COLLUSION AFFIDAVIT: Any person submitting a proposal in response to
this invitation must execute the enclosed NON -COLLUSION AFFIDAVIT. If it is
discovered that collusion exists among the Respondents, the proposals of all
participants in such collusion shall be rejected, and no participants in such collusion
will be considered in future bids for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a
proposal on a contract to provide any goods or services to a public entity, may not
submit a proposal on a contract with a public entity for the construction or repair of a
public building or public work, may not submit Proposals on leases or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list.
C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG -FREE WORKPLACE
FORM and submit it with his bid or proposal. Failure to complete this form in every
detail and submit it with the bid or proposal may result in immediate disqualification
of the bid or proposal.
4-
RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid
or proposal in response to this invitation must execute the enclosed LOBBYING
AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal.
Failure to complete this form in every detail and submit it with the bid or proposal
may result in immediate disqualification of the bid or proposal.
E. CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL
AID CONTRACTS. Any person submitting a bid or proposal in response to this
invitation must execute the enclosed CERTIFICATION FOR DISCLOSURE OF
LOBBYING ACTIVITIES ON FEDERAL AID CONTRACTS and submit it with his bid
or proposal. Failure to complete this form in every detail and submit it with the bid
or proposal may result in immediate disqualification of the bid or proposal.
F. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION FOR FEDERAL AID CONTRACTS. Any person
submitting a bid or proposal in response to this invitation must execute the enclosed
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION FOR FEDERAL AID CONTRACTS and submit it with
his bid or proposal. Failure to complete this form in every detail and submit it with
the bid or proposal may result in immediate disqualification of the bid or proposal.
1.04 EXAMINATION OF RFQ DOCUMENTS
A. Each Respondent shall carefully examine the RFQ and other contract documents,
and inform himself thoroughly regarding any and all conditions and requirements
that may in any manner affect cost, progress, or performance of the work to be
performed under the contract. Ignorance on the part of the Respondent shall in no
way relieve him of the obligations and responsibilities assumed under the contract.
B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, he shall at once notify
the County.
1.05 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the contract
documents. Any inquiry or request for interpretation received in writing seven or more
days prior to the date fixed for opening of responses will be given consideration. Written
inquiries should be sent to Patricia (Trish) Smith, AICP, Transportation Planning
Manager, Monroe County Planning Department, 2798 Overseas Highway, Marathon,
FL 33050, or emailed to smith-Patricia@monroecounty-fl.gov. All such changes or
interpretation will be made in writing in the form of an addendum and, if issued, will be
furnished to all known prospective Respondents prior to the established Response opening
date. Each Respondent shall acknowledge receipt of such addenda in their Response. In
case any Respondent fails to acknowledge receipt of such addenda or addendum, his
response will nevertheless be construed as though it had been received and acknowledged
and the submission of his response will constitute acknowledgment of the receipt of same.
All addenda are a part of the contract documents and each Respondent will be bound by
such addenda, whether or not received by him. It is the responsibility of each Respondent
to verify that he has received all addenda issued before responses are opened.
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RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
1.06 GOVERNING LAWS AND REGULATIONS
The Respondent is required to be familiar with and shall be responsible for complying with
all federal, state, and local laws, ordinances, rules, and regulations that in any manner
affect the work. Knowledge of occupational license requirements and obtaining such
licenses for Monroe County and municipalities within Monroe County are the responsibility
of the Respondent.
1.07 PREPARATION OF RESPONSES
Signature of the Respondent: The Respondent must sign the response forms in the space
provided for the signature. If the Respondent is an individual, the words "doing business as
", or "Sole Owner" must appear beneath such signature. In the case of a
partnership, the signature of at least one of the partners must follow the firm name and the
words "Member of the Firm" should be written beneath such signature. If the Respondent is
a corporation, the title of the officer signing the Response on behalf of the corporation must
be stated along with the Corporation Seal Stamp and evidence of his authority to sign the
Response must be submitted. The Respondent shall state in the response the name and
address of each person having an interest in the submitting entity.
1.08 SUBMISSION OF RESPONSES
A. Two signed originals and three copies of each response shall be submitted.
B. The response shall be submitted in a sealed envelope clearly marked on the
outside, with the Respondents name and "Statement of Qualifications — Florida
Keys Scenic Highway Overlook Project", addressed to the entity and address
stated in the Notice of Request for Qualifications, on or before 3:00 P.M. local time
on , 2013. If sent by mail or by courier, the above -mentioned envelope shall
be enclosed in another envelope addressed to the entity and address stated in the
Notice of Request for Qualifications. Faxed or e-mailed statements of qualifications
shall be automatically rejected. Responses will be received until the date and hour
stated in the Notice of Request for Qualifications.
C. Each Respondent shall submit with his Response the required evidence of his
qualifications and experience.
1.09 CONTENT OF SUBMISSION
The proposal submitted in response to this RFQ shall be printed on 8-1/2" x 11" white paper
and bound; it shall be clear and concise and provide the information requested herein.
Statements submitted without the required information will not be considered. Responses
shall be organized as indicated below. The Respondent should not withhold any
;nformation from the written response in anticipation of presenting the information orally or
in a demonstration, since oral presentations or demonstrations may not be solicited. Each
Respondent must submit adequate documentation to certify the Respondent's compliance
with the County's requirements. Respondents should focus specifically on the information
requested. Additional information, unless specifically relevant, may distract rather than add
to the Respondent's overall evaluation.
The following information, at a minimum, shall be included in the Submittal:
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RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
A. Cover Page
A cover page that states "Statement of Qualifications for Engineering/Design and Permitting
Services for the Florida Keys Scenic Corridor Overlook Project" The cover page should
contain Respondent's name, address, telephone number and the name of the Respondent's
contact person.
B. Tabbed Sections
Tab 1. Executive Summary
The Respondent shall provide a history of the firm or organization, and particularly include projects
that are similar in nature to the services requested in the RFQ. The Respondent shall provide a
narrative of the firm's qualities and capabilities that demonstrate how the firm will work with the
County to fulfill the requirements of the scope of work.
Tab 2. Relevant Experience, References and Past Performance on Similar Projects
The Respondent shall provide a project history of the firm or organization demonstrating
experience with projects that are similar in scope and size to the proposed Project, including
projects in Monroe County and projects of a similar nature with FDOT. The Respondent shall
clearly indicate experience on other LAP projects and/or federally funded projects and describe
experience complying with Federal Highway Administration (FHWA) and FDOT LAP requirements.
Each Respondent shall provide a list of past projects that are the same or similar to the scope of
the proposed project. The list should include the information below:
Name and full address of referenced project and organization
Name and telephone number of Contact person for contract
Telephone number(s)
Date of initiation and completion of contract for referenced project
Brief summary of the project and services including a comparison to services sought
by this RFQ.
The Respondent shall provide at least two written references from a Florida local government or
other governmental entity for which the Respondent has provided the same or similar services
during the past three years. Each reference shall include, at a minimum, the information listed
above.
Tab 3. Project Approach and Management
The Respondent shall describe the approach and methodology he will take to accomplish the
necessary activities. The project approach should reflect a clear understanding of project needs.
Tab 4. Staffing for this Project & Qualifications of Key Personnel
The Respondent shall describe the composition and structure of the firm (sole proprietorship,
corporation, partnership, joint venture) and include names of persons with an interest in the firm.
The Respondent shall include a list of the proposed staff that will perform the work required if
awarded this contract. An organizational chart should be included in this section. The Respondent
shall also include a resume for each member of the project team identifying his/her role on the
RFO for Engineering/Design and Permitting Services for the Scenic Overlook Project
team and any qualifications relevant to the assigned position. Include in this section the location of
the main office and the location of the office proposed to work on this project.
The Respondent will provide documentation that they have been pre -qualified by the FDOT to
perform the required services.
Tab 5. Financial Information and Litigation
The Respondent will provide the following information:
(1) A list of the person's or entity's shareholders with five percent or more of the stock or, if a
general partnership, a list of the general partners; or, if a limited liability company, a list of its
members; or, if a solely owned proprietorship, names(s) of owner(s);
(2) A list of the officers and directors of the entity;
(3) The number of years the person or entity has been operating and, if different, the number of
years it has been providing the services, goods, or construction services called for in the bid
specifications (include a list of similar projects);
(4) The number of years the person or entity has operated under its present name and any
prior names;
(5) A print out of the "Detail by Entity Name" screen from the Respondent's listing in
www.sunbiz.org;
(6) A copy of the Respondent's Annual Report that is submitted to the Florida Secretary of
State;
(7) Answers to the following questions regarding claims and suits:
a. Has the person, principals, entity, or any entity previously owned, operated or directed by
any of its officers, major shareholders or directors, ever failed to complete work or provide the
goods for which it has contracted? If yes, provide details;
b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding
against the person, principal of the entity, or entity, or any entity previously owned, operated or
directed by any of its officers, directors, or general partners? If yes, provide details;
C. Has the person, principal of the entity, entity, or any entity previously owned, operated or
directed by any of its officers, major shareholders or directors, within the last five years, been a
party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or
construction services similar to those requested in the specifications with private or public entities?
If yes, provide details;
d. Has the person, principal of the entity, or any entity previously owned, operated or directed
by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation
against the county or been sued by the county in connection with a contract to provide services,
goods or construction services? If yes, provide details;
e. Whether, within the last five years, the owner, an officer, general partner, principal,
controlling shareholder or major creditor of the person or entity was an officer, director, general
partner, principal, controlling shareholder or major creditor of any other entity that failed to perform
services or furnish goods similar to those sought in the request for competitive solicitation;
(8). Customer references (minimum of three), including name, current address and current
telephone number;
(9). Credit references (minimum of three), including name, current address and current
telephone number;
(10). Financial statements for the prior three years for the responding entity or for any entity that
is a subsidiary to the responding entity; and
(11). Any financial information requested by the county department involved in the competitive
solicitation, related to the financial qualifications, technical competence, the ability to satisfactorily
perform within the contract time constraints, or other information the department deems necessary
Is-
RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
to enable the department and board of county commissioners to determine if the person
responding is responsible.
Tab 6. County/FHWA Forms
Respondent shall complete and execute the forms specified below and found at the designated
pages in this RFQ, and shall include them in the section tabbed six; failure to provide executed
documents may result in respondent being determined to be not fully response to the RFQ.
Form
Page
Response Form
41
Lobbying and Conflict of Interest Clause
42
Non -Collusion Affidavit
43
Drug Free Workplace Form
44
Respondent's Insurance and
Indemnification Statement
45
Insurance Agent's Statement
46
Certification for Disclosure of Lobbying
Activities on Federal Aid Contracts
47
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion for Federal Aid Contracts
48
Copies of all professional and occupational licenses shall be included in this section.
1.10 MODIFICATION OF RESPONSES
Written modification will be accepted from Respondents if addressed to the entity and
address indicated in the Notice of Request for Qualifications and received prior to Proposal
due date and time. Modifications must be submitted in a sealed envelope clearly marked on
the outside, with the Respondents name and "Modification to Statement of
Qualifications for Engineering/Design and Permitting Services for the Florida Keys
Scenic Corridor Overlook Project." If sent by mail or by courier, the above -mentioned
envelope shall be enclosed in another envelope addressed to the entity and address stated
in the Notice of Request for Proposals. Faxed or e-mailed modifications shall be
automatically rejected.
1.11 RESPONSIBILITY FOR RESPONSE
The Respondent is solely responsible for all costs of preparing and submitting the
response, regardless of whether a contract award is made by the County.
1.12 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened.
Respondents names shall be read aloud at the appointed time and place stated in the
Notice of Request for Qualifications. Monroe County's representative authorized to open
the responses will decide when the specified time has arrived and no responses received
thereafter will be considered. No responsibility will be attached to anyone for the premature
opening of a response not properly addressed and identified. Respondents or their
authorized agents are invited to be present.
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RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
1.13 DETERMINATION OF SUCCESSFUL RESPONDENT
Following the receipt of responses, the selection committee will meet in a publicly noticed
meeting and evaluate the responses based on the criteria and point total below. The
County reserves the right to reject any and all responses and to waive technical errors and
irregularities as may be deemed best for the interests of the County. Responses that
contain modifications, are incomplete, unbalanced, conditional, obscure, or that contain
additions not requested or irregularities of any kind, or that do not comply in every respect
with the Instruction to Respondent and the contract documents, may be rejected at the
option of the County.
Each TAB section will be given points used to score and evaluate firms and individuals.
The point structure is as follows:
CRITERIA MAXIMUM POINTS
TAB 1
10
TAB 2
30
TAB 3
20
TAB 4
25
TAB 5
15
TAB 6
00
TOTAL 100
1.14 AWARD OF CONTRACT
A. The County reserves the right to award separate contracts for portions of the work,
waive any irregularity in any response, or to re -advertise for all or part of the work
contemplated
B. The County also reserves the right to reject the response of a Respondent who
has previously failed to perform properly or to complete contracts of a similar
nature on time, or who, after investigation of references or other criteria, does not
meet County standards.
C. The recommendation of the committee and the responses of three or more
Respondents may be presented to the Board of County Commissioners of Monroe
County, Florida, for final selection. Negotiations will be undertaken with the
Respondents as ranked.
1.15 EXECUTION OF CONTRACT
The Respondent with whom a contract is negotiated shall be required to return to the
County four executed counterparts of the prescribed contract together with the required
certificates of insurance.
1.16 CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS
The Respondent shall be responsible for all necessary insurance coverage as indicated
below. Certificates of Insurance must be provided to Monroe County within fifteen (15)
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RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
days after award of contract, with Monroe County BOCC listed as additional insured as
indicated. If the proper insurance forms are not received within the fifteen (15) day period,
the contract may be awarded to the next selected Respondent/Proposer. Policies shall be
written by companies licensed to do business in the State of Florida and having an agent
for service of process in the State of Florida. Companies shall have an A.M. Best rating of
VI or better.
Worker's Compensation
Employers' Liability Insurance
General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Statutory Limits
$100,000 Accident
$500,000 Disease, policy limits
$100,000 Disease each employee
$300,000 per Person, 5300,000 Per
Occurrence, $200,00 Property Damage or
$500,000 Combined Single Limit
Vehicle Liability $$200,000 per Person, $300,000 Per
Occurrence, $200,000 Property Damage or
$300,000 Combined Single Limit
(Owned, non -owned and hired vehicles)
Professional Liability
$300,000 per Occurrence
$500,000 Aggregate
Monroe County shall be named as an Additional Insured on the General Liability and
Vehicle Liability policies.
1.17 INDEMNIFICATION
The Respondent covenants and agrees to indemnify, hold harmless and defend Monroe
County, its commissioners, officers, employees, agents and servants from any and all
claims for bodily injury, including death, personal injury, and property damage, including
damage to property owned by Monroe County, and any other losses, damages, and
expenses of any kind, including attorney's fees, court costs and expenses, which arise out
of, in connection with, or by reason of services provided by the Respondent or any of its
Subconsultant(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the Respondent, its Subconsultant(s) in any tier, their officers, employees,
servants or agents.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Respondent's failure to purchase or maintain the required
insurance, the Respondent shall indemnify the County from any and all increased expenses
resulting from such delay. Should any claims be asserted against the County by virtue of
any deficiency or ambiguity caused by the Respondent, the Respondent agrees and
warrants that the Respondent shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's
behalf.
RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
The first ten dollars ($10.00) of remuneration paid to the Respondent is consideration 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.
This indemnification shall survive the expiration or earlier termination of the contract.
REMAINDER OF PAGE LEFT BLANK
RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
Request For Waiver of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract:
Respondent:
Contract for:
Address of Respondent:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Respondent:
Approved Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved Not Approved
Date:
Board of County Commissioners appeal:
Approved Not Approved
Meeting Date:
Respondent SIGNATURE
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RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
SECTION TWO: SCOPE OF WORK
1.0 The Consultant shall provide Engineering/Design Plans, permitting, NEPA, and federal
documentation services for the Florida Keys Scenic Corridor Overook Project. The project
is being administered through the Florida Department of Transportation's (FDOT'S) Local
Agency Program (LAP); the Consultant will comply with all LAP requirements.
The Design for Construction shall include, but shall not necessarily be limited to, plans and
specifications which describe all systems, elements, details, components, materials,
equipment, and other information necessary for construction. The Design for Construction
shall be accurate, coordinated and in all respects adequate for construction and shall be in
conformity, and comply, with all applicable law, codes, permits, and regulations. Products,
equipment and materials specified for use shall be readily available unless written
authorization to the contrary is given by the County.
The Consultant shall exercise their independent professional judgment in performing their
obligations and responsibilities under this contract. 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 the LAP requirements, FDOT
manuals, procedures, and memorandums in effect as of the date of execution of the
contract unless otherwise directed in writing by the County.
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 contract shall begin upon written notification to proceed by
County.
The Consultant Senior Project Engineer will track the execution of the 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 to minimize rescheduling of
Consultant activities.
3.0 DEFINITIONS:
A. Resident Engineer: The Engineer assigned to a particular Project or area to
RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
administer the contract for the County.
B. Construction Project Manaaer: The County employee assigned to manage the
contract and represent the County during the performance of the services covered
under this Agreement.
C. Enaineer 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
the required 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 Enaineer: The Engineer assigned by the Consultant to be
in charge of providing contract administration for the project.. 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 contract administration services for the contract.
H. Contractor- The individual, firm, or company contracting with the County for
performance of work or furnishing of materials.
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.
J. CPAM: Florida Department of Transportation, Construction Project Administration
manual; latest.
K. Department: Florida Department of Transportation
L. FDOT: Florida Department of Transportation.
M. County: Monroe County Board of County Commissioners.
4.0 REQUIREMENTS:
4.1 CONCEPT DEVELOPMENT
Prior to initiating the construction document phase, the consultant will meet with the county's
project manager on site to review the goals of each overlook location. The consultant will be
responsible for understanding local, state, and federal laws that could impact the successful
completion of each overlook. A total of three preliminary concepts will be developed for each
location.
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RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
4.2 CONSTRUCTION DOCUMENTS PHASE
The Consultant shall prepare, for review by the County and FDOT, Construction Documents
consisting of Drawings and Specifications setting forth in detail the requirements for the
construction of the project. Construction documents shall conform to Florida Department of
Transportation standards, and all Federal, State and local laws and guidelines, including but not
limited to the standards contained in the following:
1. Florida Department of Transportation Roadway Plans Preparation Manuals
http://www.dot.state.fl.us/rddesign/PPMManual/PPM.shtm
2. Florida Department of Transportation Design Standards
http://www.dot.state.fl.us/rddesign/DesignStandards/Standards.shtm
3. Florida Department of Transportation Surveying Procedure
http://www2.dot. state.f1. us/proceduraldocum ents/procedu res/bin/5500301 0 1. pdf
4. Florida Department of Transportation Drainage Manual
http://www.dot.state.f1.us/rddesign/dr/files/2008DrainageManual. pdf
5. Florida Department of Transportation Soils and Foundations Handbook
http://www.dot.state.f1.us/structures/Manuals/SFH.pdf
6. Florida Department of Transportation Structures Manual (625-020-018) including
Temporary Design Bulletins
http://www.dot.state.f1.us/structures/Structures Manual/CurrentReIease/STRManual.
htm
7. MUTCD
http://mutcd.fhwa.dot.gov/
8. American Disabilities Act
http://www2.dot.state.fl. us/proceduraldocum ents/procedu res/bin/625020015.pdf
9. Florida Department of Transportation Pavement Coring and Evaluation Procedure
http://www.dot.state.f1.us/statematerialsoffice/administration/resources/library/public
ations/materialsmanual/documents/v1-section32-clean.pdf
10. Florida Department of Transportation Flexible Pavement Design Manual
hftp://www.dot.state.fl.us/pavementmanagement/PUBLICATIONS.shtm
11. Florida Department of Transportation Rigid Pavement Design Manual
http://www.dot.state.fl.us/pavementmanagement/pcs/RigidPavementManualJanuary
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RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
12009.pdf
12. Federal Highway Administration Checklist and Guidelines for Review of
Geotechnical Reports and Preliminary Plans and Specifications
http://www.fhwa.dot.gov/engineering/geotech/pubs/reviewguide/checklist.cfm
13. Florida Department of Transportation Manual of Uniform Minimum Standards for
Design, Construction and Maintenance for Streets and Highways
http://www.dot.state.f1.us/rddesign/FloridaGreenbook/2007/2007FloridaGreenbook.p
df
14. Florida Statutes
http://www. leg. state.f1. us/Statutes/i ndex.cfm? Mode=View%20Statutes&S u b menu=1
&Tab=statutes&CFI D=14677574&CFTOKEN=80981948
15. Florida's Bicycle Facilities Planning and Design Handbook.
http://www.dot.state.f1.us/safety/ped_bike/ped_bike_standards.htm#Florida%20Bike
%20Handbook
16. AASHTO Guide for the Development of Bicycle Facilities
http://www.sccrtc.org/bikes/AASHTO_1999_BikeBook. pdf
17. Florida's Quality/Level of Service Handbook for Planning
http://www.dot.state.f1.us/planning/systems/sm/los/los_sw2.htm
18. A Policy on Geometric Design of Highways and Streets, American Association of
State Highway and Transportation Officials (AASHTO Green Book) (GDHS-5
AASHTO Bookstore).
19. The Highway Capacity Manual (Transportation Research Board)
http://guiliver.trb.org/bookstore/ (TRB Bookstore 'HCM2KE).
20. FDOT Standard Specifications for Road and Bridge Construction (with supplemental
specifications).
http://www.dot.state.f1. us/Spec ificationsoffice/2007BK/TOC. htm
21. Facilities Design Manual (Topic No. 625-020-016-a)
http://www.dot.state.f1.us/structures/Manuals/2002fdotfacilitiesmanual.pdf
22. AASHTO LRFD Bridge Design Specifications (Mandatory beginning 2007)
(AASHTO Bookstore '4-LRFDUS-4')
23. Right of Way Mapping Procedure (Topic No. 550-030-015-e)
http://www.dot.state.f1.us/surveyingand mapping/RWMappling Handbook. pdf
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RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
24. Project Development and Environmental Manual Par 1 and 2 (Topic No. 650-000-
001).
http://www.dot.state.f1. us/emo/pbs/pdeman. htm
Where conditions require deviating from FDOT standards the Consultant will apply for and obtain
all required variances or exceptions prior to proceeding.
4.3 The Consultant shall provide Design Calculations, Drawings and applicable Technical
Special Provisions, an updated cost estimate and construction schedule for the County's and
FDOT's review at the 60%, 90%, and 100% design phases. The 100% submittal will include all
specifications. The project schedule will allow a minimum of thirty days for each FDOT phase
review. The Consultant will incorporate and/or address all comments from the County and FDOT.
4.4 Upon completion of the Construction Documents Phase, the Consultant shall provide
Construction Documents and a copy of design calculations. The Consultant shall provide the
County up to 5 sets of Construction Documents that have been signed and sealed by the Engineer.
The Consultant shall also provide an electronic version of the construction documents.
4.5 The Consultant shall provide a list of bid items, estimated quantities and construction
duration to assist The County in preparing all bid documents. The bid items and quantities will be in
electronic format for incorporation into bid documents.
4.6 The Consultant's construction documents (plans, specifications, etc.) will conform to all
codes and regulations of the federal government, county, state, municipalities, agencies and state
departments, in effect at the date of this Agreement, and shall be of such completion as to be
acceptable for review and ruling by said agencies when permits are applied for. The Consultant
shall use due care in determining permit requirements and shall meet with regulatory agencies as
necessary to coordinate specific permit requirements. The Consultant shall document all meetings
and conversations with said regulatory agencies. If permits are denied for incompleteness or for
lack of following said codes or regulations, or permit requirements, then the Consultant will conform
the construction documents in such manner to receive permits upon such plans. Work required by
the Consultant to conform documents to federal, state, city, county, or agency specifications to
allow them to be approved shall be completed at no charge or cost to the County, unless said
requirements are changed during the course of the project.
4.6 The Consultant shall file (through the County) all documents required for the approval of
governmental authorities having jurisdiction over the project. The Consultant shall file (through the
County) the necessary documents to obtain environmental resources permits, and all other permits
required for construction. The County shall be responsible for the timely submittal of all permit
application fees.
4.7 As needed by the County, the Consultant will provide clarification and answers toquestions
from prospective bidders during the construction bid process. Answers will be provided in a timely
manner in order to facilitate bidding.
5.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS
To satisfactorily perform the Construction Documents phase requirement, the Consultant must
complete the tasks set forth in items 5.1 through 5.5.
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RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
5.1 Construction Plans — This consists of, at a minimum, Key Sheet, Summary of Pay Items
and Quantities, Project Layout, Plan and Profile sheets including locations of existing utilities,
Typical Sections, Detail sheets, General Notes, Traffic Control Plan. Construction plans shall be in
accordance with FDOT Plans Preparation Manual.
5.2 Specifications — For general specifications, FDOT Specifications will be incorporated.
Comprehensive, abbreviated methods, materials and systems descriptions in tune with the
drawings will be developed as necessary with Technical Special Provisions.
5.3 Schedules — Prepare an estimate of the Construction Time.
5.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance with the
Construction Documents.
5.5 Design calculations - Design calculations and documentation will be submitted with each
phase submittal.
6.0 ITEMS FURNISHED BY THE CONSULTANT:
6.1 County Documents:
All applicable documents referenced herein shall be a condition of this Agreement.
6.2 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.
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RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
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 those
non -consumable and non -expendable items, which 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 Project Manager informed of all significant activities,
decisions, correspondence, reports, and other communications related to its responsibilities
under this Agreement..
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 County's
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, Project
Administrator, Contract Support Specialist, and Associate Contract Support
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RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
Specialist.
8.2 Personnel Qualifications:
The Consultant shall utilize only competent personnel, qualified by experience, and
education. The Consultant shall submit in writing to the County's 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
County's 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. 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.
8.3 Staffing:
Once authorized, the Consultant shall establish and maintain an appropriate staff
through the duration of project. 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 contract has
been paid off.
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 developed and
performed to achieve compliance with specific QA provisions contained in this
Agreement. The semi-annual reviews shall be submitted to the County Project
Manager in written form no later than one month after the review.
9.2 QA Plan:
Within thirty days after receiving award of an Agreement, the Consultant shall
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RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
furnish a QA Plan to the County 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. Quality Reviews:
The Consultant QA shall detail the methods used to monitor and achieve
organization compliance with Agreement requirements for services and
products.
C. Quality 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.
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 SUBCONSULTANT SERVICES:
Upon written approval by the CountyProject Manager, and prior to performance of work, the
Consultant may subcontract for engineering surveys, materials testing, or specialized
RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
professional services.
11.0 OTHER SERVICES:
Upon written authorization by the County, 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.
12.0 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.
13.0 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.
14.0 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.
15.0 COUNTY AUTHORITY:
The County shall be the final authority in considering contract modification of the Consultant
for time, money or any other consideration except matters agreed to through contract
changes negotiated by the Consultant, as authorized in herein.
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RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
SECTION THREE: DRAFT CONTRACT
AGREEMENT FOR
ENGINEERING/DESIGN AND PERMITTING SERVICES FOR THE FLORIDA KEYS SCENIC
CORRIDOR OVERLOOK PROJECT
This Agreement ("Agreement") made and entered into this day of ,
20 by and between Monroe County, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns,
hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners
("BOCC"),
AND
a of the State of
, whose address is
its successors and assigns, hereinafter referred to as "CONSULTANT",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONSULTANT TO
design and permit the Florida Keys Scenic Corridor Overlook Project; and
WHEREAS, CONSULTANT has agreed to provide professional services which shall include
but not be limited to providing concepts, construction drawings, permits, and federal documentation
for the Florida Keys Scenic Corridor Overlook Project, referred to as the "Project';
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
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 authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties
hereunder have been fully satisfied;
1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under
which the Work is to be completed.
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RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a
manner that they shall be accurate, coordinated and adequate for use in verifying work
completed and shall be in conformity and comply with all applicable law, codes and
regulations. The CONSULTANT warrants that the documents prepared as a part of this
Agreement will be adequate and sufficient to document costs in a manner that is acceptable
for reimbursement by government agencies, therefore eliminating any additional cost due to
missing or incorrect information;
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to
his performance and those directly under his employ.
1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules
and regulations pertaining to, or regulating the provisions of such services, including those
now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board
to terminate this contract immediately upon delivery of written notice of termination to the
CONSULTANT.
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.
1.1.8 The CONSULTANT shall complete the scope of services no later than one year from
issuance of the Notice to Proceed by the County.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONSULTANT'S Scope of Basic Services consist of those described in Attachment A. The
CONSULTANT shall commence work on the services provided for in this Agreement promptly
upon his receipt of a written notice to proceed from the COUNTY.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions,
deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both.
2.3 NOTICE REQUIREMENT
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RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
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. Patricia (Trish) Smith, AICP
Transportation Planning Manager
Monroe County Planning Department
2798 Overseas Highway
Marathon, FL 33050
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the Consultant:
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services are services not included in the Scope of Basic Services. Should the
COUNTY require additional services they shall be paid for by the 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 an
amendment to the Agreement and a notice to proceed from the COUNTY, shall the
CONSULTANT proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project including
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.
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4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have been
duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
4.5 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 or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the work.
4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless
COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers
and employees from liabilities, damages, losses and costs, including but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons
employed or utilized by the CONSULTANT in the performance of the contract.
5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced,
or lessened by the insurance requirements contained elsewhere within this agreement.
Should any claims be asserted against the COUNTY by virtue of any deficiency or
ambiguity in the plans and specifications provided by the CONSULTANT, the
CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall
indemnify him from all losses occurring thereby and shall further defend any claim or
action on the COUNTY'S behalf.
5.3 In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONSULTANT'S failure to purchase or maintain the required
'nsurance, the CONSULTANT shall indemnify COUNTY from any and all increased
expenses resulting from such delays. Should any claims be asserted against COUNTY by
virtue of any deficiencies or ambiguity in the plans and specifications provide by the
CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the
COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further
defend any claims or action on the COUNTY'S behalf.
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
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5.5 This indemnification shall survive the expiration or early termination of the Agreement.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following named
individuals will perform those functions as indicated:
NAME
FUNCTION
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced
the CONSULTANT shall notify the COUNTY of the change immediately.
7.1 PAYMENT SUM
7.1.1
ARTICLE VII
COMPENSATION
The COUNTY shall pay the CONSULTANT
CONSULTANT'S performance of this Agreement
Attachment B. The Total Not to Exceed Amount of
will apply to this Agreement.
7.2 PAYMENTS
monthly in current funds for the
based on the hourly rates outline in
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.
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward
or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice
shall describe with reasonable particularity the service rendered. The
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CONSULTANT'S invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought at the COUNTY may require.
7.3 REIMBURSABLE EXPENSES
Reimbursable expenses include expenses incurred by the CONSULTANT are not allowed
as part of this contract.
7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal
year (October 1 - September 30) by COUNTY's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the COUNTY's Board of
County Commissioners.
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.
ARTICLE VIII
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of the
project (to include the work of others) is delayed or suspended as a result of the
CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting
from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI
or better, that is licensed to business in the State of Florida and that has an agent for
service of process within the State of Florida. The coverage shalt contain an endorsement
providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage.
Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a
form acceptable to the COUNTY.
8.3 CONSULTANT shall obtain and maintain the following policies:
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 $100,000 per Accident, $500,000 Disease,
policy limits, $100,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims for
injuries to members of the public and/or damages to property of others arising from use
of motor vehicles, including onsite and offsite operations, and owned, hired or non -
owned vehicles, with $200,000 per person, $300,000 per Occurrence, $200,000
Property Damage or $300,000 combined single limit.
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D. Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONSULTANT or any of its employees, agents or
subcontractors or subconsultants, including Premises and/or Operations, Products and
Completed Operations, Independent Contractors; Broad Form Property Damage and a
Blanket Contractual Liability Endorsement with $300,00 per Person, $500,00 per
Ocurrence, $200,000 Property Damage or $500,000 Combined Single Limit.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
E. Professional liability insurance of $300,000 per occurrence and $500,000 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.
F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
G. CONSULTANT shall require its subconsultants to be adequately insured at least to the
limits prescribed above, and to any increased limits of CONSULTANT if so required by
COUNTY during the term of this Agreement. COUNTY will not pay for increased limits
of insurance for subconsultants.
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.
If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will
be required. In addition, the CONSULTANT may be required to submit updated financial
statements from the fund upon request from the COUNTY.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY and
may be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
9.3 SUCCESSORS AND ASSIGNS
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The CONSULTANT shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners
for Monroe County and the CONSULTANT, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this agreement. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
rights in favor of, any third party.
9.5 TERMINATION
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five 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.
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Proposals, any addenda, the Form of Agreement
(Articles I -IX), the CONSULTANT'S response to the RFQ, the documents referred to in the
Form of Agreement as a part of this Agreement, and attachments ,
and modifications made after execution by written amendment. In the event of any conflict
between any of the Contract documents, the one imposing the greater burden on the
CONSULTANT will control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on contracts to provide any goods or services to
a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017 of the
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid
hereto, and may result in debarment from COUNTY's competitive procurement activities.
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RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subconsultant has committed an act defined
by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved or whether CONUSULTANT has been placed on the convicted
vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five years from the
termination of this agreement. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the CONSULTANT, the CONSULTANT shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid by the COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that
venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the appropriate court
or before the appropriate administrative body. This agreement shall not be subject to
arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall
be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the
Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
9.11 ATTORNEY'S FEES AND COSTS
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The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement
or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against
the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement; provided
that all applications, requests, grant proposals, and funding solicitations shall be approved
by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted
to be resolved by meet and confer sessions between representatives of each of the parties.
If no resolution can be agreed upon within 30 days after the first meet and confer session,
the issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law. This provision does not negate or waive the provisions of
paragraph 9.5 concerning termination or cancellation.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, COUNTY and
CONSULTANT agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. COUNTY and
CONSULTANT specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
9.17 NONDISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any
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RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
further action on the part of any party, effective the date of the court order. CONSULTANT
or COUNTY agrees to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited
to: 1) Title Vl of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on
the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972,
as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616),
as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title
Vill of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter
13, Article Vl, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status or
age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
9.19 CODE OF ETHICS
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
if public position, conflicting employment or contractual relationship; and disclosure or use
of certain information.
9.20 NO SOLICITATION/PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely for it,
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the
provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
9.21 PUBLIC ACCESS.
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.
9.22 NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any contract entered into by the COUNTY be required to contain any provision for
waiver.
9.23 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of
the COUNTY, when performing their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida constitution,
state statute, and case law.
9.25 NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit
of any service or program contemplated hereunder, and the CONSULTANT and the
COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
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CONSULTANT agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the
execution of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete, and
current at the time of contracting. The original contract price and any additions thereto shall
be adjusted to exclude any significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end of
the Agreement.
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of
the COUNTY that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with COUNTY funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement. The COUNTY and its
CONSULTANT agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with applicable federal and state
laws and regulations to ensure that the DBE's have the opportunity to compete for
and perform contracts. The COUNTY and the CONSULTANT and subcontractors
shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of contracts, entered pursuant to this Agreement.
9.30 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS
The following forms and provisions are incorporated in and made a part of this contract.
a). Appendix I of the FDOT Standard Professional Services Agreement is included as Attachment
C.
b). The CONSULTANT and any sub -consultants shall not discriminate on the basis of race, color,
national origin or sex in the performance of this contract. The CONSULTANT shall carry out
applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT -assisted
contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of
this contract, which may result in the termination of this contract or such other remedy as the
COUNTY deems appropriate.
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RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
c). CONSULTANT will comply, and ensure its sub -consultants will comply, with the Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered
Transactions in 49 C.F.R. Part 29, when applicable.
d). Equal Employment Opportunity: In connection with the carrying out of any project, the
CONSULTANT shall not discriminate against any employee or applicant for employment
because of race, age, religion, color, sex national origin, disability or marital status. The
CONSULTANT will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion color,
gender, national origin, disability or marital status. Such action shall include, but not be limited to,
the following: employment upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
e). The CONSULTANT and all sub -consultants agree to 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 or sub -consultants during the term of the contract.
f). The CONSULTANT will complete and submit the FDOT Anticipated DBE Participation
Statement Form No. 275-030-11A to identify DBE participation as outlined in Paragraph 9.29,
Disadvantaged Business Enterprise (DBE) Policy and Obligations, of the Contract for
Professional Services. FDOT has a race neutral program with an 8.6% goal.
g). The CONSULTANT will adhere to all applicable requirements outlined in the Local Agency
Program (LAP) Agreement between FDOT and Monroe County for this project. A copy of the
Agreement is included as Attachment D.
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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.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By:
Deputy Clerk
Date:
(Seal)
Attest:
w
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
CONSULTANT
By:
Title: Title:
END OF AGREEMENT
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RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
ATTACHMENT C
APPENDIX I OF FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT
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The following terms appy to all contracts in which t s indicated in Section 63 of the Standard Professional Services
Agreement that the services inva.ve the expenditure of federal funds:
A t is understood and agreed that all rights of the Department relating to inspecton, 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 tinted States of America.
B. t 's understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be
entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S.
Department of Transportation, anything to the contraryin this Agreement rot withstanding.
C. Compliance with Regu ations. The Consultant shall comp y with the Regulations of the U.S. Department of Transportation
Tile 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the
Zegulations), which are herein incorporated by reference and made a part of th is Agreement.
Nondiscrimination: The Consultant, with regard to the work performed during the contract, snail not discriminate on the
,asis of race, co or, national origin, sex, age, disability, religion or family status n the selection and retention of
subcontractors, including procurements of material and leases of equipment. The Consultant w ll not participate oither
.- rectly or indirectly In the discrimination prohibited by Section 21.5 of the Regwatlons, including employment practices
vhen the contract covers a program set forth in Appendix 8 of the Regulations.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: 'n all soddlations made by ;he
17onsuitant uither by competitive bidding or negotiation for work to be performed under a subcontract, Including
procurements of materials and leases of equipment, each potental subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis
)f race, color, national origin, sex, age, disability, religion or family status.
information and Reports: The Consultant will provide all Information and reports required by the Regulations, or directives
sued pursuant thereto, and will oermit access to its books, records, accounts, other sources of Information, and its
`acilities as may be determined by the Florida Department of Transportation, Federal Highway Administration, Federal
Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration to be pertinent to
,scertain comp lance with such Regulations, orders and instructions. Where any information required of the Consultant is In
-he exclusive possession of another who fails or refuses to furnish this Information, the Consultant shall so certify to the
Florida Department of Transportation, Federal Highway Administration, Federal Transit Adm nlstration, Federal Avlat:on
Administration, and/or the Federal Motor Carrier Safety Adminlstratlonas appropriate. and shall set forth what efforts it has
made to obtain the information.
sanctions for Noncompliance: n the event of the Consultant's noncompliance with the nondiscrimination provisions of this
, .intmat, the Flor do 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,
+nthholding of payments to the Consultant under the contract until the Consultant complies and/or
?, -ancellatton, termination or suspension of the contract, n whole or n part.
A. ncorporation or Provisions: `he Consultant will include the prov-lions of Paragraph C through H in every subcontract,
ncluding procurements of materials and 'eases of equipment unless exempt by the Regulations, order, or instructions
;sued pursuant thereto. rho Consultant will take such action with respect to any subcontract or procurement as the
..orida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation
Administrabon, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such
uovisions, Including sanctions for noncompliance. In the event a Consultant becomes invo.ved in, or is threatened with,
tigation with a subcontractor or supplier as a result of such direction, the Consultant may request the Florida Department
t Transportation to enter into such itigation to protect the i itarests of the Florida Dopartment of Transportation, and, in
udifon, the Consultant may request the United States to enter into such litigation to protect the interests of the United
states.
iterest of Members of Congress: No member of or delegate to the Congress of the United States wid be adm tied to any
are or part of this contract or',) any benefit ansing therefrom.
= terast of Public Officials: No member, officer, or employee of the public body or of a deal public body daring his tenure
�r for one guar thereafter shall have any interest, direct or indirect. in this contractor the proceeds thereof. For purposes
ih s provision, public body shad ,nclude minlcipautles and other political subdivisions of States, and oublic corporations,
-arils, and commissions established .tncer the laws of any State.
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 secluded in all subsequent agreements between the Consultant and any
subconsuitant or contractor.
The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national org,n,
:)r 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 cant' out these
equ'rements s a materal breach of this contract, which may result In termination of this contract or other such
•emedy as the rec plant deems appropriate.
t ,s mutually understood and agreed that the wilful falsification, distortion or misrepresentation with respect to any facts
` elated to the projects) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code,
7 tle 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.
.A. t ,s understood and agreed that if the Consultant at any time learns that the certification it prov,ded the Department In
:jmpllance with 49 CFR, Section 26.51, was erroneous'shen subm tted or has become erroneous by reason of changed
o.rcumstances, the Consultant shall provide immediate written notice to the Department. ,t ,s further agreed that the clause
,ted "Certification Regarding Debarment, Suspension, ;neilgibslity and Voluntary Exclusion - Lower ` erCovered
'•ansaction" as set forth in 49 CFR, Section 29.510. shall be included by the Consultant in all lower tier covered
-ansactions and n all aforementioned federal reguiatlon.
The Department hereby cent as that neither the consultant nor the consu,tant's representative `ias been required by the
Department, directly or inti rectly as an express or ,mplled condition in connection w,th obtaining or carrying out this
ontract, to
smptoy or retain, or agree to employ or retain, any firm or person, ur
2 pay, or agree to pay, to any firm, person, or organization, any foe, contribution, donabon, or cons deration of any kind;
' he Department further acknowledges that this agreement will be furnished to a federal agency in connection with Ihis
,ontract invoiving participation of Fedural-Ald funds, and is subject to applicable State and Federal Laws, both criminal and
awl.
he Consultant hereby certifies that it has not,
omployed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any: rm or
,Pr9on (other than a bona tide employee working solely for the above contractor) to solicit or secure this contract;
.greed, as an express or implied condition for obtaininq this contract, to employ or retain the services of any firm or
.arson in connection with rarrying out this contract; or
, aid, or agreed to pay. to any Frm, organization or person (othnr than a bona tide employee working su ely for the
above contractor) any fee contribution, donation, or consideration of any k,nd for, or in connection with, procuring or
arrymq out the contract
,-a consultant further acknowledges that this agreement will be fumished to the State of Florida Department of
insportation and a federal agency in connection with this contract involving participation of Federal-Xr! funds, and %
iblect to applicable State and Fedoral Laws, both criminal and civil.
RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
ATTACHMENT D
LAP AGREEMENT
40-
Financial Project No.:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION-25.030-07
PUBLIC TRANSPORTATION eL,c rRANSPORTAr oN
sni
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Sage, of
Number 1
Fund: SL I FLAIR Category: 088854
25222811407 Function: 215 Object Code: 790015 & 750031
(Item -segment -phase -sequence) Federal No.: Org. Code: 55062010630
Contract No.: AQN-53 DUNS No.: 80-939-7102 Vendor No.: F596000749054
Catalog of Federal Domestic Assistance Number: 20.205 Catalog of State Financial Assistance Number: 55.023
THIS AGREEMENT, made and entered into this day of
by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter
referred to as the Department, and Monroe County
2798 Overseas Hiahway, Suite 400 Marathon FL 33050
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the 21 day of June 12012
entered into a Joint Participation Agreement; and
'NHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended
hereto; and
WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment 'A"
for a total Department Share of $332 500.00
NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to
-low from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be
amended and supplemented as follows:
1.00 Project Description: The project description is amended
'=ands are being added to this JPA per Exhibits B and D for planning services.
The agreement is extended for a period of one year. Attached Exhibits B and D supersede the previously incorporated
exhibits in JPA AQN-53, dated June 21, 2012.
125-030-07
PUBL'C TRANSPORTATION
. 6111
Page 2 of 5
2.00 Project Cost:
Paragraph 3.00 of said Agreement is ® increased / ❑ decreased by $230 000.00
bringing the revised total cost of the project to $380 000.00
Paragraph 4.00 of said Agreement is ® increased / ❑ decreased by $201 250.00
bringing the Department's revised total cost of the project to $332 500.00
3.00 Amended Exhibits:
Exhibit(s)
4.00 Contract Time:
of said Agreement is amended by Attachment "A".
Paragraph 18.00 of said Agreement is extended until June 30 2014.
5.00 E-Verify:
Vendors/Contractors:
1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of
all new employees hired by the Vendor/Contractor during the term of the contract; and
2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract
to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment
aligibility of all new employees hired by the subcontractor during the contract term.
-25-030-07
-uBLIC `RANSPORTATION
.6111
?age 3 of 5
Financial Project No. 25222811407
Contract No. AQN-53
Agreement Date
Except as hereby modified, amended or changed, all other terms of said Agreement dated
and any subsequent supplements shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first
above written.
AGENCY
Monroe County
AGENCY NAME
L.GNATORY iPRINTED OR TYPED)
GNATURE
'AONReE COUNTY ATTORNEY
PROVED AS TO FORM
FDOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
,_'GAL REVIEW
=EPARTMENT OF TRANSPORTATION
"'EPARTMENT OF TRANSPORTATION
'.TLE
7=5-030-07
PUBLIC TRANSPORTATION
:8111
'age 4 of 5
Financial Project No. 25222811407
Contract No. AQN-53
Agreement Date
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
This Attachment forms an Integral part of that certain Supplemental Joint Participation Agreement between the
State of Florida, Department of Transportation and Monroe County
dated
DESCRIPTION OF SUPPLEMENT (Include justification for cost change):
I. Project Cost: As Approved
$150, 000. 00
Total Project Cost 3150,000.00
I. Fund Participation: As Approved
Department: 3131,250.00
Agency: 318.750.00
Other:
Total Project Cost 3150.000.00
Comments:
As Amended
Net Change
5380,000.00
3230,000.00
3380,000.00
3230,000.00
As Amended
Net Change
3332,500.00
3201.250.00
347. 500.00
328,750.00
3380,000.00 230,000.00
-25-030-07
v1_ BLIC TRANSPORTATION
9111
'age 5 of 5
III. MULTI -YEAR OR DEFERRED REIMBURSEMENT PROJECT FUNDING
If a project is a multi -year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are
programmed in the Department's Work program in the following fiscal year(s):
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
Project years may be advanced or deferred subject to Legislative appropriation or availability of funds.
FM # 2522281-14-07
CONTRACT #
EXHIBIT °`A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation, and the :Monroe County Growth Management
Division Planning &c Environmental Resources 2798 Overseas Highway, Suite 400, Marathon
Florida, 33050, dated June 2012, referenced by the above Financial Project Number,
PROJECT LOCATION: Monroe County, Florida
PROJECT DESCRIPTION: Monroe County Transportation Planning Program
SCOPE OF SERVICES:
'TASK 1: TRANSPORTATION PLANNING CONSULTANT ASSISTANCE
The purpose of this task is to provide funding assistance for the transportation planning
consultant to support the Monroe County Transportation Planning program. This support will
provide assistance for general transportation planning and analysis activities. The activities will
include short and long range transportation planning, plan updates, planning studies, traffic
Operational analyses, data collection, technical support, and review of development proposals.
The activities may also include bicycle and pedestrian planning and analysis, scenic highway
planning, coordination, and designation activities, and other activities necessary to support the
transportation planning program of Monroe County.
The Monroe County staff will administer the consultant contract, issue task work orders, review
consultant products and progress reports, prepare invoices for submission to the Department, and
participate in transportation planning, analysis, and data collection activities as necessary.
FASK 2: TRANSPORTATION PLANNING STAFF ASSISTANCE
The purpose of this task is to provide funding assistance for the transportation planning staff
positions to support the Monroe County Transportation Planning program. The transportation
planning program will include short and long range transportation planning, plan updates,
planning studies, traffic operational analyses, data collection, technical support, and review of
development proposals. The activities may also include bicycle and pedestrian planning and
tnalysis, sce uc highway planning, coordination, and designation activities, and other activities
necessary to support the transportation planning program of Monroe County. The transportation
planning staff responsibilities will include all activities necessary to carry out the Transportation
Manning program of the County, such as coordination and meeting with the Department on a
quarterly basis, and managing the work activities of the consultant.
\larc h 23. 2012 r Do r District h
;iiterrn«dal Systems I'+,nnur;Uftice
FM # 2522281-14-07
CONTRACT #
The transportation planning staff will provide a variety of administrative tasks including, but not
limited to the following: administer the consultant contract; participate in the consultant
selection process; oversee the transportation planning consultant activities; issue task work
orders; review consultant work products; review consultant progress reports, and prepare
quarterly progress reports for the Department; meet with the Department's project manager
quarterly; prepare invoices for submission to the Department (in a Department approved format);
and generally manage the transportation planning program of the County.
PROJECT COST
The project cost is identified in Exhibit B. The public agency may distribute funds between
Tasks l &c 2 as needed to effectively complete the project. All transportation planning activities
will be documented in the quarterly progress reports to the Department. The costs of travel and
equipment are to be borne by the public agency as part of the local thatch.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of
project assistance that will reflect the Department's contract number, Financial Project Number
tnd the Federal Identification number, where applicable, and the amount of state funding action
( receipt and disbursement of funds) and any federal or local funding action and the funding
tction from any other source with respect to the project.
`.larch 2-1. 2012 FDOT District 6
'Wei modal 5vstems Plannina Office
FM # 2522281-14-07
CONTRACT # AON-53
Supplemental JPA #1
EXHIBIT "B"
PROJECT COST AND BUDGET
this exhibit Forms an integral part of that certain Joint Participation Agreement between the
Florida Department of Transportation and the Monroe County , 2798 Overseas Highway, Suite
400 Marathon, Florida, 33050, dated June 21. 2012. referenced by the above Financial Project
Number.
PROJECT BUDGET:
Original JPA Amount
Supplemental Agreement
S 150.000.00
$230.000.00
TOTAL PROJECT COST: 'S380,000.00
IL FUND PARTICIPATION:
Maximum Federal Participation
(750r°) S285.000.00
Public Agency Participation
In -Kind
( 12.511,6)
S47.500.00
Cash
(01%)
)0.00
Other
(U%)
'S0.00
Maximum Department Participation
(DSF)
( 12.59'°)
S47.500.00
FOTAL PROJECT COST
S380,000.00
=DOT District 6
rtermodal Systems Development Office
FM # 2522281-14-07
CONTRACT #
EXHIBIT "C"
(GENERAL)
This exhibit forms an integral part of that certain Joint Participation agreement between the
Florida Department of Transportation and the Monroe County Growth Management Division,
Planning & Environmental Resources 2798 Overseas Highway, Suite 400, Marathon, Florida,
i 3050, dated June _, 2012, referenced by the above Financial Project Number.
INVOICING, PROGRESS REPORTS AND MEETINGS
In order to obtain payments, the Public Agency shall:
1. Submit quarterly progress reports which are acceptable to the Department describing the
work and which adequately justify and support the payment requested, and
2. Meet quarterly with the Department to go over the progress report, and
Submit to the Department its quarterly invoice on forms prescribed by the Department,
rnd such other data pertaining to the Project Account and the Project as the Department
or the Federal Highway Administration may require to justify and support the payment
requested; and
4. Comply with all applicable provisions of this agreement.
Pursuant to Section 4.00 of the Joint Participation Agreement, and Exhibit B, invoices will be
eimbursed at a rate of 87.59% of the total cost of all eligible work activities.
Pursuant to Section 22.00 of the Joint Participation Agreement, the Department shall have ten
10) working days to inspect and approve the quarterly progress report prior to processing the
,ubmitted invoice.
`.larch 23. 201 1 DOT District 6
—termodal Stems 111annim_ office
EXHIBIT D-'_BLCTRANSPOR TRANSPORTATION
-4/06
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the
resources awarded to the recipient represent more than one Federal or State program, provide the same information for
each program and the total resources awarded. Compllance Requirements applicable to each Federal or State program
should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable
compliance requirements for each program in the same manner as shown here:
• (e.g., What services or purposes the resources must be used for)
• (e.g., Eligibility requirements for recipients of the resources)
• (Etc... )
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to
use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules,
regulations, etc. The State awarding agency, If practical, may want to attach a copy of the specific law, rule, or regulation
i eferred to.
FEDERAL RESOURCES
Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount
FHWA 20.205, Highway Planning and Construction 3285.000.00
Compliance Requirements
1. Federal participation is 75%; State participation is 12.5%; Local participation is 12.5%.
2. In accordance with this JPA # AQN-53 and Supplemental Agreement #1 including Exhibits A, B, C, and D.
OBJECTIVES
17ederal-aid Highway Program: ro assist State transportation agencies in the planning and development of an integrated.
interconnected transportation system important to interstate commerce and travel by constructing and rehabilitating the
\Iational Highway System (NHS), including the Eisenhower Interstate System: and for transportation improvements to
most other public roads: to provide aid for the repair of Federal -aid highways following disasters: to foster sate highway
lesign; to replace or rehabilitate deficient or obsolete bridges: and to provide for other special purposes. [his program
ilso provides for the improvement of roads in Puerto Rico. Guam, the U.S. Virgin Islands. American Samoa. the Northern
%lariana Islands. and the Alaska Highway. me Federal Lands Highway Program (FLHP), as an adjunct to the Federal Aid
I liuhwav Program, provides assistance to the Federal Land Management Agencies 1 FLMAs) for Federally owned roads. It
:)rovides transportation engineering services for planning, design, construction. and rehabilitation of the hie_hways and
;-sridges providing access to federally owned lands. the Federal Lands Highway organization also provides training.
ethnology, deployment, engineering services, and products to other customers.
4.'SES .AND USE RESTRICTIONS
Federal -aid highway funds are generally apportioned by statutory formulas to the States. They are generally restricted to
reads open to the public and not functionally classified as rural minor collectors or local. Exceptions to this highway
''unctional classification restriction include: planning and research activities: bridge, bicycle and pedestrian. and safety
improvements that may be on any public road: transportation enhancement activities: the recreational trails program (see
program 20.219); sate routes to school, non -motorized
transportation, the FLHP. and public transportation improvement. the FLHP is not a _rant program. For
li_hway projects, funds may be used for environmental studies, engineering and design services, right-of-wav
icquisition and relocation assistance, and constriction for capital improvement projects classified as new construction.
reconstruction, restoration, rehabilitation, and resurfacing, or for functional, geometric, or safety reasons. Funds may also
F.M# 2522281-14-07 MOT District 6
ntermodal Systems Development Office
EXHIBIT D ?LBLCTRANSPORTATION
=sloe
be used for planning; research, development and technology transfer; intelligent transportation systems projects; roadside
beautification; wetland and natural habitat mitigation, traffic management and control improvements; improvements
necessary to accommodate other transportation (nodes, development and establishment of transportation management
systems: billboard removal; construction of bicycle facilities and pedestrian walkways; fringe and corridor parking; car
pool and van pool projects; transportation enhancements such as scenic and historic highway improvements; and
recreational trails. Funds generally cannot be used for routine highway operational activities, such as police patrols,
mowing, snow plowing, or maintenance, unless it is preventative maintenance. Also, funds authorized for the NHS,
Surface Transportation Program (STP). Congestion Mitigation and Air Quality (CMAQ) Improvement Program, Equity
Bonus (BE) program, and some additional programs may be used for mass transportation improvements; CMAQ Fiends
are limited to projects and programs in air quality, non -attainment and maintenance areas for ozone, carbon monoxide,
and shall particulate matter that reduce transportation related emissions. Eligibility criteria for the programs differ, so
program guidance should be consulted. Projects in urban areas of 50.000 or more population must be based on a
transportation planning process carried out by a Metropolitan Planning Organization (NIPO) in cooperation with the State
ind transit operators, and the projects must be included in metropolitan transportation plans and improvement programs.
Projects in non -metropolitan areas of a State must be consistent with a statewide transportation plan. Projects in both
metropolitan and non -metropolitan areas must also be included in a fiscally constrained Statewide rransportation
Improvement Program (STIP) developed as part of the required statewide transportation planning process. The FHWA
and the Federal transit Administration (FTA) mast approve the STIP jointly.
APPLICANT ELIGIBILITY
By law, the Federal -aid highway program is a federally assisted State program that requires each State to have a suitably
equipped and organized transportation department. rherefore, most projects are administered by or through State
transportation departments (State DOTs). Projects to be funded under the Federal -aid highway program are generally
,elected by State DOTS or N1POs, in cooperation with appropriate local officials, as specified in 23 U.S.C. and
'mplementing regulations. rerritorial highway projects are funded in the same manner as other Federal aid highway
projects, with the territorial transportation agency functioning in a manner similar to a State transportation department.
Most FLHP projects are administered by the FHWA Office of
Federal Lands Highway and its Divisions or by the various FLNIAs. Under the FLHP, projects in the Indian Reservation
Road (IRR) Program are selected by Tribal governments and are approved by the Bureau of Indian Affairs (BIA) and the
Federal Highway Administration. Due to recent legislation. Tribal govemments meeting certain requirements may now
idminister various IRR projects on behalf of the BIA and FHWA. the Fish and Wildlife Service (FWS) and the National
Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways programs, respectively. For the
Forest Highway Program, the Forest Service, the States and the Federal Highway Administration jointly select projects.
FORMULA AND MATCHING REQUIREMENTS
%lost Federal -aid Ilivhwav funds are distributed by statutory formula. Eligibility requirements for most programs are also
letermined by legislative criteria. Some categories, including part of the bridge and Interstate Maintenance funds. are
listributed on a discretionary basis. Tile normal maximum Federal share is 90 percent for the EIS projects, and 30 percent
.or most other projects. the Federal share for some programs may be increased in the case of States with large areas of
Federal lands. Some projects, including territorial highway projects. FLHP projects, certain safety improvements. and
_mergency relief projects require no matching of Federal funds.
\UDITS
In accordance with the provisions of OMB Circular No. A-133 ( Revised. June 27. 2003), Audits of States. Local
(governments, and Nonprofit Organizations, nonfederal entities that expend Financial assistance of $500.000 or more in
Federal awards from all sources during their fiscal year must have a single or a program -specific audit conducted for that
car. Nonfederal entities that expend less than $500.000 a year in Federal awards are exempt from Federal audit
requirements for that year, except as noted in Circular No. A-133.
i'.VI# 2522281-14-07 .-DOT District 6
,termodal Systems Development Office
EXHIBIT D PI,�BLICT4ANSPOR ATION
AM
STATE RESOURCES
State Agency Catalog of State Financial Assistance (Number & Title) Amount
FDOT 55.023, State Highway Project Reimbursement 347,500.00
Compliance Requirements
3.
Federal participation Is 75%: State participation is 12.5%; Local participation is 12.5%.
In accordance with this JPA #AQN-53 and including Exhibits A, B, C, and D.
CSFA Number:
55.023
State Project Title:
State Highway Project Reimbursement
Agency:
Department of Transportation
Program Objectives:
To reimburse counties or municipalities for expenditures made on
projects on the State Highway System.
Program Procedures:
The Department enters into an agreement with the county or
municipality identifying the project scope of services, eligible
project costs and the project schedule.
Compliance
Requirement:
Activities Allowed:
Project costs must be incurred subsequent to agreement
execution (contract provision). Project scope of services identifies
the types of work that are eligible for reimbursement (contract
provision).
Allowable Costs:
Identified in the contract document up to a lump sum or
maximum limiting amount.
Cash Management:
Not applicable.
Eligibility:
Project must be on the State Highway System.
Equipment 1 Real
Not applicable.
Property
'Aanagement:
Matching:
Not applicable.
Period of Availability:
State Fiscal Year: July 1 to June 30. The contract must be
executed during the fiscal year for which state funds are
programmed. Once committed, the funds certify forward across
iscal years for the life of the contract.
Reporting:
Project costs are reviewed and approved upon receipt of an
,nvoice from the county of municipality.
Sub -recipient
The county or municipality is responsible for monitoring to work
'Aonitoring:
of sub -recipients. Sub -recipient invoices are reviewed, verified
and paid by the county of municipality. County or municipality
nvoices are then reviewed and approved for payment by FDOT.
Sub -recipients do not invoice FDOT directly.
'Hatching Resources for Federal Programs
''eta 2522281-14-07 DOT District 6
:.,termodal Systems Development Office
ORTAT' ae
EXHIBIT D Fi_BLC �`RANSPORTAT'ON
;4/0B
Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount
n/a n/a n/a
Compliance Requirements
2.
3.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in this exhibit be provided to the recipient.
F'via 2522281-14-07 r DOT District 6
'ntermodal Systems Development Office
RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
SECTION FOUR: RESPONSE FORMS
RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s)
I have included:
o The Submission Response Form
o Lobbying and Conflict of Interest Clause
o Non -Collusion Affidavit
o Drug Free Workplace Form
o Respondent's Insurance and Indemnification Statement
o Insurance Agent's Statement
o Certification of Disclosure of Lobbying Activities on Federal Aid Contracts
o Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion for Federal Aid Contracts
In addition, I have included a current copy of the following professional and occupational licenses:
(Check mark items above, as a reminder that they are included.)
Mailing Address:
Signed:
(Name)
(Title)
Witness:
Telephone:
Fax:
Date:
(Seal)
0!
RFO for Engineering/Design and Permitting Services for the Scenic Overlook Project
ETHICS CLAUSE
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the
County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct
from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee".
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by (name of affiant). He/She is personally
known to me or has produced
identification. (type of identification)
NOTARY PUBLIC
My commission expires:
as
IN
RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
NON -COLLUSION AFFIDAVIT
1, of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
1. 1 am
of the firm of
the bidder making the Proposal for the project described in the Request for
Qualifications for:
and that I executed the said proposal with full authority to do so:
2. the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this bid have
not been knowingly disclosed by the bidder and will not knowingly be disclosed by the
bidder prior to bid opening, directly or indirectly, to any other bidder or to any
competitor; and
4. no attempt has been made or will be made b the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
5. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
(Signature of Respondent) (Date)
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual signing) affixed his/her signature in the
space provided above on this day of
20
NOTARY PUBLIC
My Commission Expires:
43-
RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working
on the commodities or contractual services that are under bid, the employee will abide by the terms
of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five (5) days
after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Respondent's Signature
Date
NOTARY PUBLIC
My Commission Expires:
ME
RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
Respondent's Insurance and Indemnification Statement
Insurance Requirement
Worker's Compensation
Employer's Liability
General Liability
Vehicle Liability
Professional Liability
Required Limits
Statutory Limits
$100,000/$5000,000/$1,000,000
$300,000 per Person, $500,000 per
Occurrence, $200,000 Property Damage or
$500,000 Combined Single Limit
$200,000 per Person, $300,000 Per
occurrence, $200,000 Property Damage or
$300,000 Combined Single Limit
$300,000 per occurrence
$500,000 aggregate
IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS
The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and
Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses
and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons
employed or utilized by the CONSULTANT in the performance of the contract.
In the event that the completion of the project (to include the work of others) is delayed or suspended as a
result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT
shall indemnify the County from any and all increased expenses resulting from such delay. Should any
claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and
specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT
shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further
defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration 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.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the
requirements.
Respondent Signature
-45-
RFQ for Engineering/Design and Permitting Services for the Scenic Overlook Project
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY
Liability policies are Occurrence
Insurance Agency
DEDUCTIBLES
Claims Made
Signature
Print Name:
-t6-
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-33
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES 'ROCLREMENT
C,r01
ON FEDERAL -AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
The prospective participant certifies, by signing this certification, that to the best of his or her knowledge
and belief:
(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,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
(Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional
Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
Name of Consultant:
By:
Authorized Signature:
Title:
Date:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375 030-32
PROCUREMENT
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 10/01
INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL
AID CONTRACTS
(Compliance with 49CFR, Section 29.510)
(Appendix B Certification]
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal
department or agency.
Name of Consultant:
By
Authorized Signature
Title:
Date:
Instructions for Certification
1 . By signing and submitting this certification with the proposal, the prospective lower tier participant is providing the certification
set out below.
2. The certification In this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department may pursue available remedies, including
suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted. If
at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4. The terms 'covered transaction', 'debarred', 'suspended', 'ineligible', 'lower tier covered transaction','participant', 'person'. primary
covered transaction', 'principal', 'proposal', and 'voluntarily excluded', as used in this clause, have the meanings set out in the
Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this
proposal is being submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction. unless authorized by the Department or agency with
which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that It will include this clause titled "Appendix B:
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that It is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records In order to render in good
faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which
:s normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, If a participant in a covered transaction knowingly
enters Into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the Department may pursue
available remedies, Including suspension and/or debarment.
375-030-12
PROCUREMENT
Page A7 of 9
The Corporation referred to in the above paragraph is Prison Rehabilitative :rdustries and Diversified Enterprises, Inc.
Available pricing, products, and delivery schedules may be obtained by contacting:
PRIDE Enterprises
12425 28th Street North
Suite 300
St Petersburg, Florida 33716
8, MISCELLANEOUS
A All words used herein n the singular form will extend to and include the plural. All words used in the plural form will
extend to and include the singular. All words used in any gender will extend to and include all genders.
B. r the event that a court of valid jurisdiction finally determines that any provision of this Agreement is illegal or
.nenforceable, this Agreement will be construed as not containing such provision, and all other prov,sions which are
otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be
Severable.
C. T^ere are no understandings or agreements except as herein expressly stated.
D. This Agreement will be governed by and construed in accordance with the laws of the State of Florida.
E. In any regal action related to this Agreement, instituted by either party, Consultant hereby waives any and all privileges
and rights it may have under chapter 47 and Section 337.19, Florida Statutes, relating to venue, as it now exists or
-lay hereafter be amended, and any and all such privileges and rights it may have under any other statute, rule or case
Paw, including, but not limited to those grounded on convenience. Any such legal action may be brought in the
appropriate Court in any county chosen by the Department and in the event that any such legal action is filed by
Consultant, Consultant hereby consents to the transfer of venue to the county chosen by the Department upon the
Department filing a motion requesting the same.
F. Consultant:
1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the Consultant during the term of the contract; and
2, shall expressly require any subcontractors performing work or providing services pursuant to the state
contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during the contract term.
9. TERMS FOR FEDERAL AI -CONTRACTS l(APPENDIX I):
—'-e following terms apply to all contracts in which I is .ndicated in Section 6.13 of the Standard Professional Services
.agreement that the services involve the expenditure of federal funds:
A t is understood and agreed that all rights of the Department relating to inspection, review, approval, patents,
.opynghts, 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.
g 't s understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be
.ntered into by the parties hereto with regard to the work to be performed hereunder without the approval of tre 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 J.S. Department of T-ansportation
" le 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the
�Regu;ations), which are herein incorporated by reference and made a part of this Agreement.
Vondiscnmination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the
)asis of race, color, national origin, sex, age, disability, re,igion or fami'y status in the selection and retention of
subcontractors, including procurements of material and .eases of equipment. The Consultant will not participate either
c;`rectly or indirectly in the discrimination prohibited by Section 21 5 of the Regulations, including employment practices
--ien the contract covers a program set forth :n Appendix B of the Regulations.
M-030-' 2
IROCUREMENT
p 3qe A8 of 9
Solicitations for Subcontracts. including Procurements of Materials and Equipment: 'n all solicitations made by the
Consultant, either oy competitive bidd'ng or negotiation for work to be performed under a subcontract, including
procurements of materials and leases of equipment, each potental subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis
of race, color, national origin, sex, age, disability, religion or family status.
:nformation and Reports: The Consultant will provide all information and reports required by the Regulations, or directives
'ssued pursuant thereto, and will permit access to its books, records, accounts, other sources of informat.on, and its
facd;ties as may be determined by the Florida Department of Transportation, Federal Highway Administration, Federal
Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety Administration to be pertinent to
ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in
the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the
Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation
Administration, and/or the Federal Motor Carrier Safety Administrationas appropriate, and shall set forth what efforts it has
made to obtain the information.
Sanctions for Noncompliance: :n the event of the Consultant's noncompliance with the nondiscrimination provisions of this
nontract, 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, cancellation, termination or suspension of the contract, in whole or In part.
ncorporation or Provisions: The Consultant will include the provisions of Paragraph C through H in every subcontract,
ncluding procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions
ssued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the
F'orida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation
,administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such
7�rovislons, Including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with,
itgation with a subcontractor or supplier as a result of such direction, the Consultant may request the Florida Department
of Transportation to enter into such !itigation to protect the interests of the Florida Department of Transportation, and, in
addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United
States.
!nterest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any
;hare or part of this contract or to any benefit arising therefrom.
nterest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure
or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes
)f this provision, public body shall include municipalities and other political subdivisions of States: and public corporations,
:oards, and commissions established under the laws of any State.
Participation by D;sadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from
19 CFR 26.13(b). This statements shall be included in all subsequent agreements between the Consultant and any
:ubconsu+tant or contractor.
—he Consultant, sub recipient or subcontractor snail not discriminate on the basis of race, color. national origin,
:r 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
•equirements is a material breach of this contract, which may result in termination of this contract or other sucn
r ,jmedy as the recipient deems appropriate.
.t .s mutua,ly understood and agreed that the willful falsification, distortion or misrepresentation w-th respect to any facts
-Biated to the project(s) 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.
n it is understood and agreed that if the Corswtant at any time learns that the certification it provided the Department in
-ompliance with 49 CFR, Section 26.51, was erroneous when submitted or nas become erroneous by reason of changed
-ircumstances, the Consultant shall provide immediate written notice to the Department. it is further agreed that the clause
t ed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
`ransaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in ail lower :ier covered
ansactions and in ali afo,ementioned federal regulation.
i 75-03o- t 2
"ROCUREMENT
Page A9 of 9
V the Department hereby certifies that neither the consultant nor the consultant's representative has been required by he
Department, directly or ndirectly as an express or implied condition .n connection with obtaining or carrying out this
contract, to
employ or retain, or agree to employ or retain, any firm or person, or
2 pay, or agree to pay, to any firm, person, or organ zation, any `ee, contribut.on, donation, or consideration of any kind;
The Department'urther acknowledges that this agreement will be furnished to a federal agency, in connection with this
.:ontract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and
civil.
O he Consultant hereby certifies that it has not:
employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or
Gerson (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract;
2 agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any `irm or
person in connection with carrying out this contract; or
3 paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the
above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or
tarrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the State of Florida Department of
Transportation and a federal agency in connection with this contract involving participation of Federal -Aid funds, and s
subject to applicable State and Federal Laws, both criminal and civil.