Item C35BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 15, 2015
Bulk Item: Yes X No
Division: Public Works/En&Meerin
Department: Eq&eering Services
Staff Contact Person/Phone #: Judv Clarke K429
AGENDA ITEM WORDING: Approval of Contract with Metric Engineering, Inc., for engineering
design, permitting and post design services for the Pigeon Key Ramp Repair project in the total not to
exceed amount of $205,959.71. The project is 100% funded through a Local Agency Program (LAP)
Agreement with the Florida Department of Transportation (FDOT).
ITEM BACKGROUND: The County requires engineering design and permitting services for repairs
to the wooden ramp from the Old Seven Mile Bridge to Pigeon Key Island (Monroe County Bridge
#904480). The FDOT is providing grant funds in the amount of $186,447.71 for the design and
permitting services provided by this contract. Upon completion of the design, a separate LAP
agreement will be executed for the construction phase costs, including the post design services in the
amount of $19,512.00, provided under this contract with Metric Engineering, Inc.
PREVIOUS RELEVANT BOCC ACTION:
In February 2015, the BOCC approved contract negotiations with Metric Engineering, Inc., the highest
ranked respondent for Engineering Design and Permitting Services for the Pigeon Key Ramp Repair
Project.
In November 2014, staff advertised an RFQ for design and permitting services for the Pigeon Key
Ramp Repair Project.
In October 2014, the BOCC approved the Local Agency Program (LAP) Agreement with FDOT in the
amount of $100,000.
In June 2014, the BOCC approved the local ranking committee results for the 2014 Transportation
Alternative Program (TAP) which included the Pigeon Key Ramp Repair Project.
CONTRACT/AGREEMENT CHANGES: none
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $205,959.71 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: not a licable
COST TO COUNTY: 0J SOURCE OF FUNDS: FDOT
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
o L
APPROVED BY: County An& OMB/Purchasing Risk Management
DOCUMENTATION: Included X
DISPOSITION:
Revised 7/09
Not Required
AGENDA ITEM #_
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Metric Engineering, Inc. Contract #
Effective Date: April 15, 2015
Expiration Date: 30 days after
_ co_ nstruction completion
Contract Purpose/Description:
-Engineering Design, Permitting and Post Design Services for the Pieeon Ke►r Raman
$186,447.71 desip and permitting services
$ 19,512.00 post design (construction) phase service
Contract Manager: Judy Clarke 4329 Fqg eering/#1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 4/15/2015 Agenda Deadline: 3/27/2015
CONTRACT COSTS
Total Dollar Value of Contract: $ 205,959.71 Current Year Portion: $ 100,000
Budgeted? Yes® No ❑ Account Codes:
Grant: $ 186,447.71(des) _
19,512.00 (cons)
County Match: $ 0
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) tes. mnint�nunr o „t.reri
CONTRACT REVIEW
Date in
Division
Changes
1Ve d
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Date Out
Director
Yes ❑ N891
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Rack Management -
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Yes No .]
O.M.B./Purcha-s`*jz
Yeso No
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County Attorney (�Ib
YesYes[:]No
Comments:
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AGREEMENT FOR
ENGINEERING DESIGN AND PERMITTING SERVICES FOR THE PIGEON KEY RAMP REPAIR
PROJECT
This Agreement ("Agreement") made and entered into this 151h day of April, 2015 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"),
►K
Metric Engineering, Inc., a Corporation of the State of Florida, whose address is 13940
SW 136 Street, Suite 200, Miami, Florida 33186, its successors and assigns, hereinafter referred to
as "CONSULTANT",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for
engineering design and permitting services for the Pigeon Key Ramp Repair Project;
WHEREAS, CONSULTANT has agreed to provide professional services which shall include
but not be limited to providing engineering design and permitting services for the Pigeon Key
Ramp Repair Project, which services shall collectively be 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.
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 engineering design and permitting services
portion of the scope of services no later than 320 days from the Notice to Proceed.
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
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement shall
be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail,
return receipt requested, to the following:
Ms. Judith Clarke, P.E.
Director of Engineering Services
Monroe County
1100 Simonton Street, Room 2-216
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the Consultant:
Robert�
Engineering,Metric .
.,, S.W. 136 St., Miami, FL 33186
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.
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4.1 The COUNTY shall provide full information regarding requirements for the Project including
physical location of work, bridge inspection reports and other documents,
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
to the Project. The COUNTY or its representative shall render decisions in a timely manner
pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable
delay in the orderly and sequential progress of the CONSULTANT'S services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware 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
insurance, the CONSULTANT shall indemnify COUNTY from any and all increased
expenses resulting from such delays. Should any claims be asserted against COUNTY by
virtue of any deficiencies or ambiguity in the plans and specifications 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.
5.5 This indemnification shall survive the expiration or early termination of the Agreement.
ARTICLE A
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:
Doug Rugglano, PE
Manue! Benitez, PE
Jaime Tovar
Michael McCoy
Jorge Goyanes, PE
FUNCTION
Project Manager
Chief Engineer
Designer
CDD Technician
r, Environmental Scientist
Construction Manager
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.
ARTICLE V11
7.1 PAYMENTSUM
7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the
CONSULTANT'S performance of this Agreement as enumerated in Attachment B:
Structural Engineering Design $109,093.60
Environmental Permitting $ 15,640.00
Geotechnical(includes Asbestos Survey) $ 18,805.00
Survey(includes Topographic and Bridge) $ 19,863.84
Cultural Research $ 12,340.27
Foundation Investigation $ 10,705.00
The Total Not to Exceed Amount for design and permitting services of one hundred eighty
six thousand four hundred forty seven dollars and seventy one cents ($186,447.71) will
apply to this Agreement.
The COUNTY shall pay the CONSULTANT monthly in current funds for the
CONSULTANT'S performance of this Agreement as enumerated in Attachment :
Post Design Phase Services
$19,512.00
The Total Not to Exceed Amount for post design services of nineteen thousand five
hundred twelve dollars and no cents ($19,512.00) will apply to this Agreement.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth
herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the
Local Government Prompt Payment 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
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
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of
the project:
a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses
in connection with travel authorized by the COUNTY, in writing, but only to the extent
and in the amounts authorized by Section 112.061, Florida Statutes;
b. Cost of reproducing maps or drawings or other materials used in performing the scope
of services;
c. Postage and handling of reports;
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 shall contain an endorsement
providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage.
Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a
form acceptable to the COUNTY.
8.3 CONSULTANT shall obtain and maintain the following policies:
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 $50,000 per person, $100,000 per Occurrence, $25,000 Property
Damage or $100,000 combined single limit.
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 $500,000 per Person, $1,00,000 per
Ocurrence, $100,000 Property Damage or $1,000,000 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 $1,000,000 per occurrence and $2,000,000 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.
I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will
be required. In addition, the CONSULTANT may be required to submit updated financial
statements from the fund upon request from the COUNTY.
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
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 Qualifications, 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 A, B, C,
D and E, 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.
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 ATTORNEYS FEES AND COSTS
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.
10
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
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 VI 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
VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter
13, Article VI, 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.
11
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
of 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.
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.
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public
records laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
Monroe County in order to perform the service.
(b) Provide the public with access to public records on the terms and conditions that
Monroe County would provide the records and at a cost that does not exceed the cost
provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe
County all public records in possession of the contractor upon termination of the contract
12
and destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be provided to
Monroe County in a format that is compatible with the information technology systems of
Monroe County.
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
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
13
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 DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
COUNTY funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT
agree to ensure that DBE's have the opportunity to participate in the 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.
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.
14
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 identify DBE participation as outlined in Paragraph 9.29,
Disadvantaged Business Enterprise (DBE) Policy and Obligations, The CONSULTANT will
utilize the FDOT Equal Opportunity Compliance (EOC) web based application designed to
manage the DBE Program and ensure compliance of DBE reporting. The EOC
Contractor/Consultant module is for Prime Contractors and Consultants to report their
Bidder Opportunity List, DBE Commitments, and DBE Subpayments. The Prime
Contractor/Consultant is responsible for DBE reporting on Construction, Maintenance,
Professional Services and Local agency contracts. FDOT has a race neutral program with
an 9.91 % 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.
h). The CONSULTANT will complete and submit the most current version of the following
FDOT forms included in Attachment E:
Form Number
Form Name
375-030-30
Truth in Negotiation Certification
375-030-50
Conflict of Interest Certification
375-030-32
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion for Federal Aid Contracts
375-030-33
Certification for Disclosure of Lobbying Activities on Federal Aid
Contracts
375-030-34
Standard Form-LLL, Disclosure of Lobbying Activities if required
i). The COUNTY will perform a CONSULTANT evaluation in accordance with FDOT
requirements utilizing the appropriate FDOT form after final acceptance as part of the
project closeout process.
j). Acquisition of tangible capital assets for COUNTY ownership through service contracts
is normally not acceptable. The requirements of Rule 60A-1.017, F.A.C., must be
considered when this is necessary. Property acquired as part of a service contract must be
handled in accordance with FDOT Procedure No. 350-090-010, Tangible Personal Property
Procedure.
15
IN WITNESS WHEREOF, each party <' be executed by its dull"
fzuthodzed representative on the day and year first above written. I
(SEAL)
Attest: AMY IL q Clerk
ClerkDeputy
tiT 1,9 ,,' " I"a4�,
Mayor/Chairman
q
_ t
Fsf 0 N R 0F t"..,' Uf C7?RN
vas_
Date
r
ATTACHMENT A
SCOPE OF SERVICES
The scope of services for the Pigeon Key Ramp Repair Project will include the completion of
design for construction, applying for and obtaining all required permits, coordination with regulatory
agencies such as the State Historical Preservation Office and National Marine Sanctuary through
the design and permitting process and coordinating and conducting public meetings as required by
the LAP process. The Project is being administered through the Florida Department of
Transportation (FDOT) Local Agency Program (LAP); all work will be conducted in accordance with
current LAP, FDOT, State and Federal 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.
1.0 DESIGN DEVELOPMENT
The Engineer shall review the FDOT bridge inspection reports and any other available documents,
and physically perform an inspection of the structure. Based on this the Engineer will identify
deficiencies and make recommendations as to the necessary repairs and/or improvements so that
the structure meets or exceeds the S112 truck weight load: live load of 2 axle (12,000 lb. at front
axle and 22,000 lb. at the rear axle) with a 13 ft. axle spacing.
The Engineer shall prepare a Design Development Letter Report for the County's approval. The
Design Development Report shall consist of a written document that establishes and describes the
size and character of the proposed Repair Project as to engineering and structural systems,
materials and such other elements as may be appropriate. The report should include a summary of
permitting/coordination requirements, as well as a preliminary cost estimate for construction and a
project schedule.
As part of the design development phase, the Engineer will plan and conduct a public meeting to
provide information to interested parties and answer questions about the project.
2.0 CONSTRUCTION DOCUMENTS PHASE
2.1 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:
Florida Department of Transportation Roadway Plans Preparation Manuals
2. Florida Department of Transportation Design Standards
3. Florida Department of Transportation Surveying Procedure
4. Florida Department of Transportation Drainage Manual
17
5. Florida Department of Transportation Soils and Foundations Handbook
6. Florida Department of Transportation Structures Manual (625-020-018) including
Temporary Design Bulletins
7. Manual on Uniform Traffic Control Devices
8. American Disabilities Act
9. Federal Highway Administration Checklist and Guidelines for Review of
Geotechnical Reports and Preliminary Plans and Specifications
10. Florida Department of Transportation Manual of Uniform Minimum Standards for
Design, Construction and Maintenance for Streets and Highways
11. Florida Statutes
12. Florida's Bicycle Facilities Planning and Design Handbook.
13. AASHTO Guide for the Development of Bicycle Facilities
14. Florida's Quality/Level of Service Handbook for Planning
15. A Policy on Geometric Design of Highways and Streets, American Association of
State Highway and Transportation Officials (AASHTO Green Book) (GDHS-5
AASHTO Bookstore).
16. FDOT Standard Specifications for Road and Bridge Construction (with supplemental
specifications).
17. Facilities Design Manual (Topic No. 625-020-016-a)
18. AASHTO LRFD Bridge Design Specifications (Mandatory beginning 2007)
(AASHTO Bookstore `4-LRFDUS-4')
19. Right of Way Mapping Procedure (Topic No. 550-030-015-e)
20. Project Development and Environmental Manual Par 1 and 2 (Topic No. 650-000-
001).
Where conditions require deviating from FDOT standards the Consultant will apply for and obtain
all required variances or exceptions prior to proceeding.
2.2. 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 two weeks for each FDOT phase
review. The Consultant will incorporate and/or address all comments from the County and FDOT.
2.3 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.
18
2.4 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.
2.5 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.
2.6 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.
2.7 The Consultant shall complete the National Environmental Policy Act (NEPA) checklist and
provide supporting documentation as needed to comply with: the FDOT LAP program, the Federal
Highway Administration (FHWA) and the State Historic Preservation Officer (SHPO).
2.8 As needed by the County, the Consultant will provide clarification and answers to
questions from prospective bidders during the construction bid process. Answers will be provided
in a timely manner in order to facilitate bidding.
3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS
To satisfactorily perform the Construction Documents phase requirement, the Consultant
must complete the tasks set forth in items 3.1 through 3.5.
3.1 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.
3.2 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.
3.3 Schedules — Prepare an estimate of the Construction Time.
3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance with the
Construction Documents.
3.5 Design calculations - Design calculations and documentation will be submitted with each
phase submittal.
19
4.0 CONSTRUCTION COST
The Consultant shall submit to the County in writing its final estimate of the contractor's anticipated
bid price for constructing the Project. Once submitted, the final anticipated price estimate shall be
adjusted by the Consultant to reflect any increase or decrease in anticipated price resulting from a
change in Design.
4.1 The Construction Cost shall be the total estimated bid cost to the County of all elements
of the Project designed or specified by the Consultant.
4.2 The Construction Cost shall include the cost at current market rates of labor and
materials and Equipment designed, specified, selected or specially provided for by the Consultant,
plus a reasonable allowance for Contractor's overhead and profit.
4.3 Construction cost does not include the compensation of the Consultant and the
Consultant's consultants, the costs of land, rights -of -way, financing or other costs which are the
responsibility of the County.
5.0 POST DESIGN SERVICES PHASE
5.1 The Consultant shall review and approve or take other appropriate action on contractor
submittals, requests for information. The Consultant shall review and approve or take other
appropriate action upon Contractor's Shop Drawings submittals for prefabricated elements to be
placed permanently in the structure but only for the limited purpose of checking for conformance
with information given and the design concept expressed in the Contract Documents. The
Consultant's action shall be taken with such reasonable promptness as to cause no delay in the
Contractor's Work or in construction by the County's own forces, while allowing sufficient time in
the Consultant's professional judgment to permit adequate review. In general, said review and
action shall be completed in 10 working days from receipt of a shop drawing submittal, excluding
resubmittals. Review of such submittals is not conducted for the purpose of determining the
accuracy and completeness of other details such as dimensions and quantities or for
substantiating instructions for installation or performance of equipment or systems designed by the
Contractors, all of which remain the responsibility of the Contractors to the extent required by the
Contract Documents. The Consultant's review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by the Consultant, of construction means, methods,
techniques, sequences, or procedures.
5.2 The Consultant will provide answers to Requests for Information (RFIs) from the Contractor, as
needed during construction and will implement any required plan revisions including obtaining
approval by FDOT district design engineer.
5.3 The Consultant shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the Consultant or its consultants or both.
5.4 The Consultant must reimburse the County for any added costs paid by the County during
construction that were incurred as the result of any error, omission, deficiency, or conflict in the
work product of the Consultant, its consultants, or both. This added expense is defined as the
difference in cost from that which the County would have paid if the work was included in the bid,
and the actual cost presented by the Contractor. The Consultant shall not be held responsible for
additional deficiencies found due to a delay in the construction of the project or for those hidden
20
deficiencies that could not reasonably be determined through a review of FDOT Bridge Inspection
Reports or physical inspection of a bridge by the Consultant.
5.5 The Consultant shall furnish to the County, upon project completion, the following:
• 2 sets of 11" X 17" signed and sealed Record Drawings
• 2 sets of final documentation
• 1 set of final CADD files on CD
The Consultant's Engineer of Record in responsible charge of the project's design shall
professionally endorse (signed and sealed and certified) the record prints, the special provisions
and all reference and support documents.
5.6 The Consultant will attend the pre -construction meeting and as needed, attend the periodic
construction progress meetings.
21
ATTACHMENT B
CONSULTANT HOURLY RATES
PIGEON KEY BRIDGE REPAIRS - MONROE COUNTY
METRIC ENGINEERING, INC.
PROPOSED DESIGN RATES AND FEE
POSITION
2015 LOADED
CONTRACT RATES
%
hours
fee
Engineering Services (Structures)
848
Project Manager
$227.00
15%
127.2
S28,874.40
Chief Engineer
$200.00
5%
42.4
38,480.00
Senior Engineer
$175.00
10%
84.6
314,840.00
Engineer
$107.00
10%
84.6
S9,073.60
Engineer-iin-Training
$79.00
35%
296.8
$23,447.20
Designer
$105.00
10%
84.8
S8,904.00
CADD Technician
$77.00
15%
127.2
39,7S4.40
Total
100%
848
$103,413.60
Environmental
170
Sr. Environmental Scientist
$167.00
25%
42.5
S7,097.50
Environmental Scientist
$67.00
75%
127.5
S8,542.50
Total
1000%
17C
S15,640.00
Construction
Construction Manager
$142.00
100%
40
S5,680.00
SUBCONSULTANTS
PSI, INC (Geotechnical)*
S18,805.00
Manuel G. Vera, Inc. (Survey)
319,863.84
Search, Inc. (Cultural Research)
S12,340.27
Keith and Assocaltes, IInc (Foundation Investigation)
S10,705.00
'Includes $3,000.30 for Asbestos Survey
ITOTAL
I
22
ATTACHMENT B
POST DESIGN PHASE RATES
PIGEON KEY BRIDGE REPAIRS - MONROE COUNTY
METRIC ENGINEERING, INC.
PROPOSED POST DESIGN RATES AND FEE
POSITION
2015 LOADED
CONTRACT RATES
%
hours
fee
Engineerling Services (Structures)
160
Project Manager
$22T00
15%
24
$5.448.00
Chief Engineer
$200.00
5%
8
$1 ,600.00
Senior Engineer
$175.00
10%
16
$2,800.00
Engineer
$107.00
10%
16
$1 ,712.00
Engineer -in -Training
$79.00
35%
56
$4,424.00
Designer
$105.00
10%
16
$1,680.00
CADD Technician
$77.00
15%
24
$1 ,848.00
Total
l
100%
160
$19.512.00
Environmental
0
Sr. Environmental Scien:tiist
$167.00
25%
0
$0.00
Environm,entall Scientist
$67.00
75%
0
$0.00
Total
100%
0
$0.00
Construction
Construction Manager
$142.00
100%
C)
$0.00
SUBCONSULTANTS
PSI, INC (Geatechnical)
$0.00
IManuel G. Vera, Inc. (Survey)
$0.00
ISearch, Inc. (cultural Research)
TOTAL $19,512M
23
ATTACHMENT C
APPENDIX I OF FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT
TERMS FOR FEDERAL AlDCONTRACTS (APB' NDIX I
The following terms apply to all contracts in which it is indicated in Section 6.8 of the StandardProfessional Services
Agreement that the services involve the expenditure of federal funds:
A. It is understood and agreed that all rights of the Department relating to inspection, review, approval, patents,
copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this
Agreement shall also be reserved' and held by authorized representatives of the United States of America,
B It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may 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 contrary in this Agreement not withstanding.
C Compliance with Regulations: The Consultant shall comply with the Regulations of the U.S. Department of Transportation
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this Agreement.
D. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the
basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of
subcontractors, including procurements of material and leases of equipment. The Consultant will not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
E Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the
Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including
procurements of materials and leases of equipment, each potential 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.
Information and Reports: The Consultant will provide all information and reports required by the Regulations, or directives
issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the 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-
G.
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.
H. Incorporation or Provisions. The Consultant will include the provisions of Paragraph C through H in every subcontract,
including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions
issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the
Florida 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
provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the Florida Department
of Transportation to enter into such litigation 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.
24
Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any
share or part of this contract or to any benefit arising therefrom.
Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure
or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes
of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations,
boards, and commissions established under 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 shad be included in all subsequent agreements between the Consultant and any
subconsultant or contractor.
The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of DOT -assisted contracts. Failure by the Consultant to carry out these
requirements is a material breach of this contract, which may result in termination of this contract or other such
remedy as the recipient deems appropriate.
It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts
related to the 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.
M. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Department in
compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed
circumstances, the Consultant shall provide immediate written notice to the Department, It is further agreed that the clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered
transactions and in all aforementioned federal regulation.
The Department hereby certifies that neither the consultant nor the consultant's representative has been required by the
Department, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this
contract, to
employ or retain, or agree to employ or retain„ any firm or person, or
2 pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind;
The Department further acknowledges that this agreement will be furnished to a federal agency, in connection with this
contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and
civil.
® The Consultant hereby certifies that it has not:
employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or
person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract;
agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or
person in connection with carrying out this contract; or
3 paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the
above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or
carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the State of Florida Department of
Transportation and a federal agency in connection with this contract involving participation of Federal -Aid funds, and is
subject to applicable State and Federal Laws, both criminal and civil.
25
ATTACHMENT D
LAP AGREEMENT
STATE OF FLORIDA DEPART=ENT CFmANSPORTATIo m�m�m�*�
LOCAL AGENCY PROGRAM AGREEMENT ������
FPN: Fund FLAIR
Federal No:. 0ngCege FLA|RObj:
FPN: Fund FLmRAppmp
Federal No; OrgCoda: FLAIRObj:
FPm: Fund: FLARAppmp:
Federal No: FLAR0bj:
FPN: Fund: FLAIR
Federal No: Org Code: FLAR0W�
Co _73
County No: ntract No: Vendor No: 596000749144
Data Universal Number System (DUNS) No: 80-939-7102 Local Agency DUNS No: 073876757
Catalog nfFederal Domestic Assistance yCFDA>: 20.205Highway Planning and Construction
THIS AGREEMENT, made and entered into t-his day of _N C , Z—AA-by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORATAION, an Jgency of the State of Florida, hereinafter called the
Department, and Monroe Coun!y_hereinafter called the Agency.
VV|TNE8SETH:
WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority tofunction adequately inall areas odappropriate |uhodictiunino|ud|ng
the implementation of an integrated and balanced transportation system and is authorized under Section 338.12^ Florida
Statutes, toenter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in The
Pigeon Key Ramp Repair Design Pro[ect and as further described in Exhibit "4" attached hereto and by this reference
made apart homcd, hereinafter called the '`Projeut.~ and voprovide Department financial assistance tothe Agency and
state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in
which the Project will boundertaken and completed.
1.01 A1tac6munta: ExhlbiKa}1, A & Bare attached and made upart hereof.
2.01 Gwmwro| Requirements: The Agency shall cmnp|o1e the Project as described in Exhibit ''A^ with all pnat|ou|
dispatch, in oauund. eoonomica|, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The Pn8not will be performed in accordance with all applicable Department procedures, guide|inmu, manua|a,
otanda,da, and directives as described in the Department's Local Agency Program Manual, which by this reference in
made a part hereof as if fully set forth herein. Time \x of the eauonoo on to each and every nW|gaUom under this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of the Project.
Inactivity and Removal *tAny Unbi||od Funds
Once the Department issues oNotice toProceed (0TP)for h obligated 0msubmit eminvoice
or other request for reimbursement to the Department for all work completed for the Project no less frequently than on a
quarterly basis, beginning from the day the NTPioissued. |tthe Agency fails tosubmit quarterly (or more frequently than
quarterly) invoices to the Department as required herein and in the event said failure intimely submit invoices to the
Department results in FHWA removing any unbIlled funding or in the loss of State appropriation authority (which may
include the |ona cdstate and Federal funds, if there are state funds d to the Project), then the Agency will be
solely responsible to provide all funds necessary to aumpnaie No Project and the Department will no, be obligated to
provide any additional funding for the Project. The Agency waives the right tocontest such removal of funds by the
Department, if the removal is m!eUod to FHVVA'u withdrawal of funds or if the removal is related to the |uoo of State
appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de-
certification of the Agency for future LAP Projects. .
26
STATE OFFLORIDA DEPARTMENT OF TRANSPORTATION ���m���
LOCAL AGENCY PROGRAM AGREEMENT ����o°,,
Page 2
Removal o4All Funds
If all funds are removed from the pn4act` including amounts previously billed tnthe Department and reimbursed bthe
Agency, and the Project is off the state highway systemthen the department will have to request repayment for the
previously billed amounts from the Agency. Nostate funds can beused omoff-system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the Project on o, before May 31, 2016If the Agency
does not complete the Project within this time period, this Agreement will expire onthe last day ofthe scheduled
completion as provided in this paragraph unless an extension of the time period is requested bythe Agency and granted
in writing by the Department prior to ,he expiration of this Agreement. Expiration of this Agreement will be considered
termination of the Project. The nuot of any work performed after the nxpog\un date of this Agreement will not he
reimbursed bythe Department.
2.03 Pursuant to Federal, State' and Local Laws: In the event that any election, referendum, approval, permit, notice
or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or
toundertake the Project hereunder nrtoobserve, assume orcarry out any of the provisions ofthe Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respecttoany such matters uorequisite.
2'04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including
federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the Project.
2.05 Submission of P,oceedings, Contracts, and Other Documents: The Agency shall submit <ethe Department
such data, naports, naoondo, contracts, and other documents relating tothe Project as the Department and the Federal
Highway Administration (FHVYA)may require. The Agency shall use the Department's Local Agency Program Information
Tool and applicable Information systems morequired.
3.0NTotal Cost: The total cost nfthe Project is $11U0_l0l This amount |ebased upon the schedule offunding inExhibit
^B.^ The Agency agrees to bear ail expenses in oxnoom mdthe total cost of the Project and any deficits involved. The
schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3-02 Department Participation: The Department agrees to participate in the Project cost mthe extent provided in
Exh|hit"B.^ This amount includes federal -aid funds which are limited to the actual amount of federal -aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be eUm*ed only from the date
of this Agreement. It is understood that Department participation in eligible Project costs is subject to:
a)Legislative approval of the Department's appropriation request in the work program year that the Project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
n) Approval of all p|mna' mpooificmkionu, contracts o, other obligating documents and all other terms of this
8gmmemer�� and
d) Department approval of the Project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation mfFunds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this Project is In multiple fiooe| yeos,
funds approval from the Department's Comptroller must be received each fiscal year prior <ocosts being incurred. See
Exhibit ^B^ for funding levels by 0ouml year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement |yincurred prior tofunds approval being received, The Department wi(inotify the Agency, |nwriting, when
funds are available.
3l}5Multi-Year Commitment: |mthe event this Agreement |o|nexcess cd$2G.000 and has aterm for aperiod ofmore
than ore year, the provisions ofSection 339.135(6)(a). Florida Statutes, are hereby incorporated:
27
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 626-010-40
LOCAL AGENCY PROGRAM AG�B0�0� p�o�rmN SUPPORT
��
"(a)The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, byits terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year, Any contract, verbal orwritten, made inviolation oYthis
subsection ienu||and void, and nomoney may bepaid onsuch contract. The Department shall require u
statement from the comptroller of the Department that funds are available prior to entering into anysuch
contract orother binding commitment of funds. Nothing herein contained ohoU prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess nf$25.0O0
and which have a{a/m for operiod ofmore than 1 year.~
3.06 :Nocost may beincurred under this Agreement until the Agency has received awritten Notice -
to -Proceed (NTP) from
the Department. The Agency agrees to advertise put the Project out 1obid thirty (3mdays from
the date the Department issues the NTPk,advertise the Pnojeot ifthe Agency is not able tomeet the scheduled
advertisement, the District LAP Administrator should be notified as soon as possible.
8-07 Limits on Federal Participation: Federal -aid fonds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in28Code ofFederal Regulations (C.F.Rland 4Q
C.F.R., and policies and procedures prescribed bythe Division Administrator ofFHVVA. Federal funds aho|| not bepaid
on account of any coot incurred prior to authorization by the FHVVAtathe Department to proceed with the Project or part
thereof involving such cost (23C.F.R.19(a)). QFHVVAorthe Department determines that any amount claimed \onot
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHVYA requirements exists, Federal funds may bowithheld
until compliance is obtained. VVhave non-compliance is not correctable, FHVVAorthe Department may deny participation
|nparcel urProject costs inpart mrintotal.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior 0nthe execution of this Agreement, a Project schedule of
funding ohe|| be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule cd
funding, cony out the Pnojec\, and shall incur obligations against and make disbursements of Project funds only in
conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by
mutual written agreement between the Department and the Agency. Ifrevised, acopy ofthe revision should beforwarded
to the Department's Comptroller and to the Department's Federal -aid Program Office. No increase or decrease shall be
effective unless it compiles with fund participation requirements of this Agreement and is approved by the Department's
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all timesthe period of this
Agreement and for 5years after the final payment |emade. Copies ofthese documents and records shall befurnished Uo
the Department upon request. Records of costs incurred irclude the Agency's general accounting records and the Project
reoonda, together with supporting documents and records ofthe Agency and all subcontractors performing work on the
Project and all other records of the Agency and subcontractors considered necessary by the Department for a proper
audit ofcosts. |fany litigation, claim or audit is started before the expiration of the 5-year period, the records shall be
retained until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge tothe Project account all eligible costs ofthe Project except
costs agreed tobe borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5-03 Documentation wfProject Costs: All costs charged to the Project, including any approved services contributed by
the Agency or othem, shall be supported by properly executed puyro1|o, time reoovde, innoiceo, contracts or vouchers
evidencing improper detail the nature and propriety ndthe charges.
28
STATE OR FLORIDA DEPARTMENT OF TRANSPORTATON 525.01040
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTTON SUPOGC-04PORT
04
Paga4
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits
by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any
Inspections, reviews, investigations or audits deemed necessary by the Department's Office of Inspector General (OIG),
and the Chief Financial Officer (CFO) or Auditor General.
Audits
Part I - Federally Funded: Recipients of federal funds (i-e., state, local government or non-profit organizations as
defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria:
In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must
have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as
revised. Exhibit "i" of this Agreement indicates federal resources awarded through the Department by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources
of federal awards, including federal resources received from the Department. The determination of amounts of
federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB
Circular A-133, as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed In Part 1, paragraph 1 the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an
audit conducted In accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part 11 - Slate Funded: Recipients of state funds (i.e., a non -state entity as defined by Section 215.97(2) (1), Florida
Statutes) are to have audits done annually using the following criteria:
1 In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a state single or project -specific audit for
such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of
the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit
organizations), Rules of the Auditor General. Exhibit "I" to this Agreement indicates state financial assistance
awarded through the Department by this Agreement. In determining the state financial assistance expended in its
fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance
received from the Department, other state agencies, and other non -state entities. State financial assistance does
not include federal direct or pass -through awards and resources received by a non -state entity for federal
program matching requirements.
2. In connection with the audit requirements addressed in Part 11, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General.
29
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0U�40
N SUPPORT
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTIOOGC— 04144
Page 5
3. If the recipient expends less than $500,0,00 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215,97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award
number and year, and name of the state agency awarding it.
Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings.
Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the
audit findings is required. Current year audit findings require corrective action and status of findings.
Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the
dispute is resolved. Access to Project records and audit work papers shall be given to the Department, the Department of
Financial Services, and the Auditor General, This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV - Report Submission:
Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSinQleAudit@dot.state-fI_us
b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-1 33, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 1011' Street
Jeffersonville, IN 47132
c) Other federal agencies and pass -through entities in accordance with Sections .320 (a) and (f), OMB Circular
A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
Federal Awards direni to each of the following:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSinqIeAudit@dot,state.fI.us
30
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
PRODUCTION SUPPORT
LOCAL AGENCY PROGRAM AGREEMENT OGC-04114
Page
In addition, pursuant to Section .320 (f), OMB Circular A- 133, as revised, the recipient shall submit a copy of the
financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSin_QleAud it 0 dot, slate.fl.us
3. Copies of the financial reporting package required by Part 11 of this Agreement shall be submitted by or on behalf
of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email,. FDOTSingJeAudit@dot,state.fl.us
b) The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the Management Letter required by Part Ill of this Agreement shall be submitted by or on
behalf of the recipient directly to:
a) The Department at each of the following address(es):
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit@dot.state.fl.us
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner 'in accordance with OMB Circular A-1 33, as revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the
Department.
31
STATE OF FLOHIDA DEPARTMENT OF TRANSPORTATION 525-010-40
PRODUCTION SUPPORT
LOCAL AGENCY PROGRAM AGREEMENT OGC— (14114
Page 7
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the Project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes) unless the records are exempt.
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be
submitted to the Department no later than October 16 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287-058(1)(a), Florida
Statutes).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b),
Florida Statutes).
If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations. Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the Project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may
elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the Project which, under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation- The Department may suspend or terminate payment for that portion of the Project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all Projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "a' for
the Project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project
32
STATE OF FLORIDA DEPARTMENT OF: TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
OQC- 04/14
Page 8
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the Project to the Department within 120 days after the
completion of the Project. Invoices submitted after the 120-day time period may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all
of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected or the Department may terminate this Agreement in whole or In part at any time the interest of the
Department requires such termination.
(a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the
Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such
notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the
deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement
as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the
deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon
demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting
the deficiency.
(b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing,
with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be
terminated.
(c) If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the percentage of the
Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the
equivalent percentage of the contract price. All work in progress will become the property of the Department and will be
turned over promptly by the Agency.
8.02 Action Subsequent to Notice -of -Termination or Suspension: Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, Project activities
and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of
which the financing is to be computed; (b) furnish a statement of the Project activities and contracts and other
undertakings the cost of which are otherwise includable as Project costs. The termination or suspension shall be carried
out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and
conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a
reasonable time. The closing out of federal financial participation in the Project shall not constitute a waiver of any claim
which the Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the Project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency shall certify to the
Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
33
STATE OF FLOMDADEPARTMENT OF TRANSPORTATION 525-010-40
PRODUCTION SUPPORT
LOCAL AGENCY PROGRAM AGREEMENT OGC— 04/14
Fag. 9
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department 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 Department funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBEs 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 Agency and its contractors 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. Furthermore, the
Agency agrees that:
(a) Each financial assistance agreement signed with a US -DOT operating administration (or a primary recipient) must
include the following assurance:
"The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of
49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to
ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE
program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in
this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its
approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may,
in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U,S.Q 3801 et seq.)."
(b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must
include the following assurance:
"The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R.
Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor 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 recipient deems appropriate."
11.00 Compliance with Conditions and Laws- The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
— Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
11.01 Performance Evaluation: Agencies are evaluated on a project -by -project basis. The evaluations provide
information about oversight needs and provide input for the recertification process. Evaluations are submitted to the
Agency's Responsible Charge or designee as part of the Project closeout process. The Department provides the
evaluation to the Agency no more than 30 days after final acceptance.
11.02 Performance Evaluation Ratings: Each evaluation will result in one of three ratings. A rating of Unsatisfactory
Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations,
standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the
Department. A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable
federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above
Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state
regulations, standards and procedures, without District involvement/oversight.
11.03 Delegation of Authority: The District will determine which functions can be further delegated to Agencies that
continuously earn Satisfactory and Above Satisfactory evaluations.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
34
STArEOVp^ORm^DEPARTMENT OF TRANSPORTATION mn��o���/
LOCAL AGENCY PROGRAM AGREEMENT vOC-~m.
Page 10
12.01Equal Employment Opportunity: |nconnection with the carrying out of any project, the Agency shall not
discriminate against any employee orapplicant for employment beomuuo of mme, mga, neligiom, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to onouoy that applicants are employed and that
employees are treated during employment without raQo/d to their nae, ege, m|igion, onlor, gonder, national origin,
disability nrmarital status. Such action shall include, but not belimited to, the following: employment upgrading, demotion
or transfer recruitment or recruitment advertising; layoff or termination; rates ofpay orother forms ofcompensation; and
selection for training, including n¢iceoh| The Agency shall insert dh foregoing mv km modified onlytoshow the
particular contractual relationship in all its contracts in connection with the development of operation of the Project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project
involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in
conspicuous places available to employees and applicants for employment for project work, notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause.
13.02 Title VI —CivU Rights Act of 1964: The Agency will comply with all the requirements imposed by Title N of the
Civil Rights Act of 1984. the regulations of the U.S. Department ofTransportation issued thereunder, and the uuaummoo
bythe Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title V| ofthe Civil
Rights Act u41SO4.40C,F.R.Part 21.and related statutes and regulations.
12.034m«micams with Disabilities Act oY1noU(ADA): The Agency will comply with all the requirements amimposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04Public Entity C,[me� A person or affiliate who has been placed on the convicted vendor list following a conviction
for biic entity crimenot submit a U|U on a contract to mvide any goods nrservices toapublic entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not
submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: |naccordance with Section287.134, Florida Statutes, an entity maffiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Sei may not submit a bid on a
contract to provide goods o/ services to public entity; may not submit ubid on aoontnm, with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity;
may not be awarded or perform wn,h an aonntractor. supplier, subcontractor or consultant under a contract with any
public entity; and may not transact business with any public entity.
12.0e Suspension, Revocation, Denial of Qualification or Determination of Contractor Non -Responsibility: An
entity or affiliate who has had its Certificate ofQualification suspended, nwnked, denied nrhave further been determined
by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair
c«apublic building orpublic work onacontract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors mtheir subcontractors shall enter into any
oontram, subcontract orarrangement in connection with the Project n,any property included orplanned tnbe included in
the Project in which any member, officer memployee ofthe Agency nrthe locality during tenure orfor 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval ofthe Depamment, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract o,arrangement.
The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to
be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision:
�o member, officer or employee of the Agency or of the locality during his tenure mfor 2years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
35
STATE OF FLORIDA DEPARTMENT OF T14ANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM PRODUCTION SUPPORT AGREEMENT OGO—OV14
Pagell
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions-
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission- By execution of the Agreement, the Agency represents that it has not paid and, also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. It any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the Project.
13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities, the
Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. The
Department will review all plans and specifications and will issue to the Agency a written approval with any approved
portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate.
After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to
the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient
cause of nonpayment by the Department. The Agency will physically include Form FHWA-1273 in all its contracts and
subcontracts.
13.08 Right -of Way Certification: Upon completion of right-of-way activities on the Project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the Project, including it no right-of-way is required.
13.09 Agency Certification: The Agency will certify in writing, prior to Project closeout that the Project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the Project is accepted by the Agency as suitable for the intended purpose.
13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
36
STATE OF FLORIDA DEPAHTWENT OF- HANW)SiTATION 525-010-40
PRODUCTION SUPPORT
LOCAL AGENCY PROGRAM AGREEMENT OGC- D4/14
Page 12
13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original and such counterparts together shall constitute one and the
same instrument.
13.12 Restrictions on Lobbying:
Federal: The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or an behalf of the
Agency, to any person for influencing or attempting to influence any 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.
If any funds other than federally -appropriated funds have been paid by the Agency 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 Agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with Its instructions.
The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. It the Agency constructs any improvement an Department right-of-way, the Agency 0 will [I will not
maintain the improvements made for their useful life.
13.14 Vendors Rights. Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 30 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the Invoice is received or the goods or services are received, inspected, and
approved.
If a payment Is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3) (b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at 850-413-5516.
13.15 Reimbursement of Federal Funds:
The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review
conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were
not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment
to the Department of all funds awarded under the terms of this Agreement.
37
STATE OF FLOROA DEPARTMENT OF TRANSPORTATION 525.019.40
N SUPPORT
LOCAL AGENCY PROGRAM AGREEMENT PRODOOTIOOGC—G4M4
Page a
13.16 E- VERIFY
The Agency:
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 Agency 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 US. 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.
38
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525,01 0-40
PRODUCTION SUPPORT
LOCAL AGENCY PROGRAM AGREEMENT OGC 04114
Page 14
IN WITNESS WHEREOF, the parties have caused these presents to be exec ted 4theand year first above written.
AGENCY Mon CountySTATE OF F; D D NT OF TRANSPORTATION
By: By.
NaNrsylvia M Name] Hordd—A—Do—sa—unes, Rff.'
T1tl . 4ayor Title: DIum oIwATmw.Udon D..1cipmeint
Attest: Attest:
Title: Title:
k q, :4, bly)
Legal Review:
CHRIC', IN," - ASSIST' , VIT COIJINTY ATTORNEY
See attached Encumbrance Form for date of funding approval by Comptroller.
39
STATE OF FLORIDA DEPARTMENT OF 7RANSP09TATION 525-010-40
LOCAL AGENCY PROGRAM AGPRODUCTION SUPPORT
REEMENT QeV06
Page
EXHIBIT "'I "
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following;
Federal Agency: Federal Highway Administration
CFDA #: 20.205 Highway Manning and Construction
Amount: $ 100,000
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal -aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc,, requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the reciplentisub-recipient.
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. Therefore, most projects are administered by or through
State Departments of Transportation (State DOTs). Projects to be funded under the federal -aid highway program are
generally selected by state DOTS or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U.S.C. and implementing regulations. Territorial 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 DOT. Most Federal Land Highway Program (FLHP) projects are administered by the Federal Highway
Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management
Agencies (FLMAs). 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 (61A) and the FHWA. Due to recent legislation, Tribal
Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA.
The Fish and Wildlife Service (FUNS) and the National Park Service (PS) 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
FHWA jointly select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections
112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R.
! [if
STATE OF FLOSIDA CEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUMON SUPPORTW06
Page
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 436566-1
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Monroe County ----
Dated
PROJECT LOCATION:
The project is X is not on the National Highway System.
The project is X is not on the State Highway System.
PROJECT DESCRIPTION:
The project includes engineering design and permitting services for repairs to Monroe County bridge # 904480, the
Pigeon Key ramp. The ramp is a 23 span timber, concrete and steel structure that connects the Florida Department of
Transportation's Old Seven Mile Bridge to Monroe County's Pigeon Key Island.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Study to be completed by N/A.
b) Design to be completed by May, 2016,
c) Right -of -Way requirements identified and provided to the Department by March, 2016.
d) Right-ot-Way to be certified by May, 2016.
e) Construction contract to be let by_.
f) Construction to be completed by.
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
41
STATE OF FLORIDA DEPARTMENT OF TRAN5PORTAHON 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PnODUCTION suppon'r0901
Page
EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDRESS FPN: 436566-1
Monroe County BOCC
Engineering Department
1100 Simonton Street, Key West, FL 33040
PROJECT DESCRIPTION
Name: Pigeon Key Ramp
Termini: Old Seven Mile BrfdgeYPigeon Key
Length: 262 It
TYPE OF WORK By Fiscal Year
FUNDING
TOTAL
PROJECT FUNDS
(2)
AGENCY
FUNDS --FWEHAL
STATE
FUNDS
Planning FY:
FY:
FY:
Total Planning Cost
Project Development & Environment (PD&E)
FY:
FY:
FY:
Total PD&E Cost
Design FY: 2015
FY:
FY:
Total Design Cost
$100102Q
$100,000
$100,000
$100,000
Right -of -Way FY:
FY:
FY:
Total Right -of -Way Cost
Construction FYI
FY:
FY:
FY,
Total Construction Cost
Construction Engineering and Inspection (CEI)
FY:
FY:
FY: 2017
Total CET Cost
Total Construction and CEI Costs
TOTAL COST OF THE PROJECT
$100,000
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 st of July of
each fiscal year. The Department will notify the Agency, in writing, when funds are available.
42
ATTACHMENT E
FDOTFORMS
Certification of Disclosure of Lobbying Activities on Federal Aid Contracts
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion for Federal Aid Contracts
Conflict of Interest Certification for Consultant/Contractor
Truth in Negotiation Certification
43
'ATE OF FLORIDA DEPARIMENT OF TRANSPORTATION 31,� 020 za
PROCUREPAHN1
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES
ON FEDERAL -AID CONTRACTS
(Compliance with 49CFR, Secton 20100 (b))
.2nd belief.
(1) Ro 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 then 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 oontrac� grant Wn, or cooperative agreement, the undersigned shall complete and
submit Standard Form-L LL, "Disclosure of Lobbying Activitiesin accordance with its instructions.
(Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional
Services Administrator or Procurement Office.)
A�la
was made or entered into. Submission of this certification is a prerequisite for maldrig 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 oroggective gartici2ant also agrees Ly submiRdtin , his or her nmriosal that he or she shall reinuire that
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and
that all such subreciplents shall certify and disclose accordingly.
Narne of Consuitant Mebic EngIneodng, Inc.
BV: Robert Linares, PE Date: 4-6-15
Authorized Slgnafuw.
Title: Sr. Vice President
STATr OF FLORIDA WARTWNT OF TRANSPORTATION 375 WD 32
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
'INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL
AID CONTRACTS
(Compliance with 49CFR, Section 29.510)
(Appendix B Certification)
z
which this transaction originated.
6The prospective low*r tier participant further agmes by submitUng this proposal that ft will include this dause, dilled 'Appendix B:
----------
n
that it is not debarred, suspended, ineligible, or voluntarily excluded from the cove is Section, unless 4 knows that the
certricatilon Is erroneous. A participant may decide the method and Ilrequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the Nonprocurament List.
S. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to reander in good
fiiith the certification fast this clause The knowtWge and information of a participant are not required to exceed that which
is normally possessed by a prudent person in the ordinary course of Walness. dealings.
S. Except for transactions authorized under paragraph 5 of these instructions. It a p";Wpant Ina covered transaction knowingly
inters into a lower tier covered transaction with a pefson 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.
ELI
STAV 0� FLORIDA MPARTMEN r OF TRAN5PDr41rArION 376, 00 50
CONFLICT OF INTEREST CERTIFICATION RRIDIVURPMFUT
FOR CONSULTANTICONTRACTOR 01M
121 NTIM701 10, "1
any contract if I have a conflict of interest or a potential conflict of interest.
the context of business, financial, or social relationships) which might undermine the public trust, whether or not that
conduct is unethical or lends itself tio the appearance of ethical impropriety.
I realize that vialiation of the above mentioned standards could result in the termination of my work 11br the Department,
Contract No./Project Dewription(s): Engineering Design and Permitting Services for the Pigeon Key Ramp Repair Project
Rnanc;A Nurnt*r� s'y:
Each undersigned individual hereby attests that he/she has no conflicts of interest related to the contracts) Identified
above.
Printed Names Signatures Date
Robert UnL PE rn ---- - ----- 4-6-15
46
$TATE 01 f LOMA DEPARTMEW OF rmNspamnom 115-amw
TRUTH IN NEGOTIATION CERTIFICATION 11ROCUREMENT
MAN
Pursuant to Section 287.055(5)(a), Florida Statutes, for any lum"urn or cost -plus -a -fixed fee
CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute
ihis certificate and Include it with the submittal of the Technical Proposal, or as prescribed in the contract
of contracting,
The Consultant further agrees that the original agreement price and any additions thereto $hall be
RMT; 1
Metric Engineering, Inc.
Name o1'Consu4bnt
By: 4-6-15
—�.1#1beU�,mm,, PE Bate
47