1. 10/21/2015 Agreement AMY HLI N,
CLERK OF CIRCUITEAVI COURT & COMPTRCPAR
OLLE
• NIONROE COUNTY,FLORIDA
DATE: December 3, 2015
TO: Johnnie Yongue
Project Management ,,,�
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller � ' �'6115 '
At the October 21, 2015 Board of County Commissioner's meeting the Board granted approval and
execution of the following Item D44 Approval to enter into a Continuing Services Contract for
Professional Engineering Services with CSA Central, Inc. whereas, consultant will provide professional
services for miscellaneous projects in which construction costs do not exceed $100,000.00 or for
individual study where the fee for professional services do not exceed $10,000.00.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any
questions,please feel free to contact our office.
cc: County Attorney
Financei
File
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fox:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 phone:305-289-6021 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 phone:852-7145 Fax:305-852-1146
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AGREEMENT FOR
CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
This Agreement ("Agreement")made and entered into this 21n day of October, 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"),
AND
CSA Central, Inc. whose address is 6100 Blue Lagoon Dr. Suite 300 Miami, Fl 33126 its
successors and assigns, hereinafter referred to as "CONSULTANT',
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional engineering services of
CONSULTANT pursuant to section, 267.055(2)(g) Florida Statutes, for various County Projects
located in Monroe County, Florida and;
WHEREAS, the employment of the CONSULTANT serves the appropriate public purpose
of providing professional engineering and surveying services to Monroe County; and
WHEREAS, CONSULTANT has agreed to provide professional engineering and surveying
IL( services for work of a specified nature as outlined in the scope of basic services described in
1I-1I Article Two of this contract and to be additionally specified in each individualized task order
y1V required by the COUNTY in which the estimated construction costs of each individual project under
the contract does not exceed $100,000.00 or for each individual study activity where the fee for
professional services under the contract do not exceed $10,000.00 per task order.
The professional services required by this Contract will be for services in the form of a continuing
contract, commencing the effective date of this agreement and ending four years thereafter, with
options for the County to renew for one additional 1 year period.
Specific services will be performed pursuant to individual task orders issued by the COUNTY and
agreed to by the CONSULTANT. Task Orders will contain a specific scope of work, time schedule,
charges and payment conditions, and additional terms and conditions that are applicable to such
Task Orders.
Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's
written authorization to CONSULTANT to proceed with the services described in the Task Order.
The terms and conditions of this Agreement shall apply to each individual Task Order,except to
the extent expressly modified by the Task Order.When a Task Order is to modify a provision of
this Agreement, the Article of this Agreement to be modified will be specifically referenced in the
Task Order and the modification shall be precisely described.
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:
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CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
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
MV for reimbursement by government agencies, therefore eliminating any additional cost due to
missing or incorrfrmion
1.1.4 The CONSULTANTect assumesinoat full to the extent allowed by law with regards to
his performance and those directly under his employ.responsibility
1.1.5 The CONSULTANTs 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 shalt 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 requiting, hiring, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
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CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
The CONSULTANT will perform for the COUNTY services as described below in sections 2.1.1.,
2.1.2, and 2.1.3 and in individual task orders in accordance with the requirement outlined in the
Agreement and the specific Task Order. 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.
2.1.1 REQUIREMENTS
All services shall be performed in compliance with industry standards and all federal, state, and
local laws, ordinances, and regulations including Environmental Protection Agency(EPA),
Occupational Safety and Health Administration(OSHA), American Standards for Testing and
Materials(ASTM), and Florida Building Code. The Services to be provided include but are not
limited to the following:
a. Evaluations, investigations, analysis, recommendations, cost and time estimates, testing,
n reports, studies, designs, preparation of documents, filed Inspections, and investigation.
r �'I� b. Professional involvement throughout all phases of the project including but not limited to
�I V development of programs, preparation of reports, periodic progress reports, meetings,
V I process of invoices, timely processing of project correspondence, contractors requests for
payment, and materials and equipment submittals.
c. Other types of professional services and nonprofessional services of a nature consistent
with the intent of the contract as so directed by Monroe County.
2.12 SERVICES
Over the life of this contract, it is expected that Monroe County will require various services such as
the following(inclusions of any number of these services and their priority will be established by
each individual task order):
a. Surveying Field investigations, site plans, record plats, AutoCAD, limited hydraulic
modeling, and all associated engineering work applied by a related task order,
b. Easement plat descriptions, surveys, negotiations, appraisals and acquisition services,
c. Preliminary Land Planning services including land use entitlements, permitting, and
wetlands and environmental assessments,
d. Geotechnical engineering related to the task order,
e. Utility locations using conventional GPS techniques.
f. Development and integrations of data into Monroe County's Geographic Information
System, including surveys of existing and new facilities,
g. Design of repairs to existing county systems and facilities
h. Feasibility Studies and engineering economic analyses related to the task order, and
i. Peer review services
2.1.3 SPECIFIC REQUIREMENTS OF TASK ORDERS
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CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
a. The CONSULTANT shall be available for consultation with Monroe County staff on an "as-
needed" basis between 8:00am and 5:00pm Eastern Standard Time, Monday through
Friday.
b. The CONSULTANT shall be required to respond to the task order requests upon
communication with Monroe County Staff within 48 hours upon initial notification. If the
CONSULTANT does not respond within 48 hours of the Initial request Monroe County may
proceed to the next CONSULTANT for services.
c. The CONSULTANT will provide a written proposal in the form of a Proposed Task Order
consisting of anticipated total labor hours, a preliminary schedule, and project design team.
d. A Task Order should include at a minimum the following phases.
1. Preliminary Report Phase
2. Design Phase
3. Permitting Phase
4. Bidding Phase
5. Construction Phase
e. No compensation shall be paid to the CONSULTANT for the preparation and delivery of
Task Order Proposals.
L Monroe County reserves the right to request additional information as determined
necessary prior to commencing negotiations for each task order.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
T The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions,
I" deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both.
`I 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:
Mr. Doug Sposito
Director of Project Management
1100 Simonton St. Suite 2-216
Key West FL 33040
And: Mr. Roman Gastesi,
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the Consultant:
Juan Villar, P. E.
6100 Blue Lagoon Dr. Suite 300
Miami, Fl 33126
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CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services are services not included in the Scope of Basic Services or on any
individual Task Order. 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 additional services to the CONSULTANT. The CONSULTANT
shall respond with a fee proposal to perform the requested additional services. Only after
receiving an amendment to the Agreement and a notice to proceed from the COUNTY,
shall the CONSULTANT proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project including
physical location of work, county maintained roads, maps.
kjk
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
r 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 CONSULTANTS 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
CONSULTANTS 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
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CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
5.1 Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, the Contractor covenants and agrees that he shall indemnify and hold the
COUNTY and the COUNTY's elected and appointed officers, employees and agents
harmless from and against (i) claims, actions or causes of action, (ii) litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any
type of injury(including death), loss, damage, fine, penalty or business interruption, and(iii)
costs or expenses that may be asserted against, initiated with respect to, or sustained by
the County and the COUNTY's elected and appointed officers and employees and the
property owner upon which the work is performed from liabilities damages, losses and
costs, including but not limited to, reasonable attomey's fees, to the extent caused by the
negligence, recklessness, or intentional wrongful misconduct of the CONSULTANT and
persons employed or utilized by the indemnifying party in the performance of the
construction contract. In the event that a court of-competent jurisdiction determines that the
provisions of F.S. 725.06 and/or F.S. 725.08 apply to this Agreement then, the
CONSULTANT shall indemnify and hold harmless COUNTY, and the COUNTY's elected
and appointed officers, employees and agents only to the fullest extent authorized by said
statutes. The monetary limitation of liability under this contract shall be not less than $1
million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of
action, litigation, proceedings, costs or expenses relate to events or circumstances that
occur during the term of this Agreement.
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,
fl 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 VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following named
individuals will perform those functions as indicated:
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NAME FUNCTION
SEE ATTACHED
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 VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the
CONSULTANT's performance of this Agreement based on the hourly rates outlined in
Attachment B or as agreed upon lump sum fee, which will be defined in each specific task
order.
`` I ?.2 PAYMENTS
V\' 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 CONSULTANTs 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
Reimbursable expenses are not allowable under this agreement unless specifically allowed
under separate Task Orders. Allowable Reimbursable expenses will be separately identified
in each task order and are subject to the maximum allowable contract amount Travel
expense reimbursements are subject to the limitations of section 112.061, Florida Statutes
and Monroe County Codes.
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♦♦♦♦ A Full Service Project Delivery Company
Program& ect M Co
\ Environmental Services
N Architecture 8 Engineering
� , I Construction Management
CSA Group Operations 8 Maintenance
List of Key Personnel
NAME FUNCTION
Juan Villar, P.E. Project Manager/Civil Engineering
Roberto Leon, P.E. Principal in Charge
Andres Garganta, P.E. Quality Assurance/Quality Control
Carlos Sarasqueta, P.E. Signing & Pavement Markings
Edgar Espinoza, E.I. Drainage
Hans Figueroa Drainage
Charles Newton Traffic Control
Selvin Bruce, P.S.M. Surveying and Mapping
Darryl Hauser, P.S.M. Surveying and Mapping
David Rosa Permitting
Felix Fuentes, P.E. CEI
Elena Vazquez GIS
Florida•Illinois•New Jersey•New York•Ohio•Pennsylvania•Texas•Washington, D.C. •Panama•Puerto Rico
6100 Blue Lagoon Drive,Suite 300,Miami, FL 33126
Tel:305.461.5484 Far 305.461.5494
www.csagroup.com
CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
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 limes 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.
�1 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 $100,000.00 per Accident, $500,000.00
Disease, policy limits, $500,000.00 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 $50,000.00 per person, $100,000.00 per Occurrence, $25,000.00
Property Damage or$100,000.00 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 a $300,000.00 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
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CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
reported must extend for a minimum of 48 months following the termination or
expiration of this contract
E. Engineers Errors and Omissions Liability insurance of$250,000.00 per occurrence and
$500,000.00 annual aggregate. Recognizing that the work governed by this contract
involves the furnishing of advice or services of a professional nature, the Contractor
shall purchase and maintain, throughout the life of the contract, Professional Liability
Insurance which will respond to damages resulting from any claim arising out of the
performance of professional services or any error or omission of the Contractor arising
out of work governed by this contract.
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
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CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
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, all attachments, and
modifications made after execution of this Agreement 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
\`\1 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 far 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 CONSULTANT has been placed on the convicted
vendor list.
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CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
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 tern 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 Section 55.03, 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 161" Judicial Circuit, Monroe County, Florida, in the appropriate court
\\\1 or before the appropriate administrative body. This agreement shall not be subject to
arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall
be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement(or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the
Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
9.11 ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any claim, 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
attorneys fees, and court costs, as an award against the non-prevailing party, and shall
include attomey's fees, and courts costs in appellate proceedings. The parties agree that
the COUNTY, at its sole option, shall have the sole authority for the direction of the defense
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of any claims, causes of action or other proceeding, shall have the authority in its sole
discretion to choose its attorney and shall be the sole judge of the acceptability of any
compromise or settlement of any claims or actions against the COUNTY.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement; provided
that all applications, requests, grant proposals, and funding solicitations shall be approved
by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
1 COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted
� to resolved by meet and confer sessions between representatives of each of the parties.
V V 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 breath 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
12
•
CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
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)My other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
\ recited in this Agreement.
9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated In Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse
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
13
•
CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
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.
The CONSULTANT is required under Chapter 119, Florida Statutes to:
A. Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service.
B. Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter 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 the
public agency all public records in possession of the contractor upon termination of
the contract 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 the public agency in a format that is
compatible with the information technology systems of the public agency.
9.22 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of section 768.28, Florida Statutes, the participation of the
\1 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 i
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.
14
CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
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
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
m
9.27 NOthe PERSONALAgreeent. 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.
9.26 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.
15
CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duty
authorized representative on the day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
•
•• iu , Y HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
IJ 1pois.,_
,I
x 1 ' i o Son By: -P i--
Mayor/Chairma
Date: %0/4 1/f5 Date: /C/,Q/I/S
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(Seal) l....
CONSULTANT ag </
Attest __ - CSA n no. i '\
BY: - 11 By: i kent8
Title: /'c Ti�2aS • 2>M Sl.UI3 8 � o< t
777.../// p '� o
Date: lo/‘z-/U Date: (off v/ (�
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STATE OF FL IDA/7 77yy,���
COUNTY OF ) -nide.
On this Okay o tl, e orCme ,the undersigned notary public, personally appeared, known
to me to be the person whose name is subscribed above or who produced as identification, and
acknowledged that jg/she Is the person who executed the above contract with Monroe County for
the purposes therein contained.
Notary PublicR'cr.
Name 1.-1 K S
arMysommissfah expires: g I 11( - OIsA R.RHYMES
Lu I I y,♦ Punk-Et Aug1Fmtidd
n' c �� '1� KINDa.E sk,s u t8.2018
�? 7 Commission I FF 147708
2 co :.tc ';i*;�tA� sxmd7xmWnExrrw7dsxs
O 1 L
rt„ END OF AGREEME - - - - ' - ` - - -
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4. N r
16
CONTINUING PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
ATTACHMENT A
NOT USED
M1
Yr
17
• . A Full Service Project Delivery Company
♦♦♦ Program&Project Management
/.. Environmental Services
Arcntruo&Management
Constructiontions& tance
CSA Group Operations&Maintenance
Attachment B—Consultant Rates
CSA Central, Inc. consultant rates:
Classifications Hourly Rate
ENGINEERS &ARCHITECTS
Principal $225.00
Principal Engineer/Architect $175.00
Project Manager $150.00
Senior Engineer/Architect/Environmental $140.00
Engineer/Architect/Environmental $120.00
Junior Engineer/ArchitectEnvironmental/Grant Writer $90.00
Construction Manager/Senior Field Inspector $110.00
Field Inspector $65.00
Junior Field Inspector $60.00
Senior Technician (CADD) $65.00
Technician (CADD) $50.00
Administrative Clerk $35.00
SURVEYORS
Professional Surveyor Mapper $110.00
Survey Technician $70.00
2 Man Survey Crew $85.00
3 Man Survey Crewe $110.00
/ GIS
Senior GIS Analyst $100.00
GIS Analyst $75.00
GIS Technician/CADD Technician $60.00
* Rates maybe adjusted annually
•
Florida•Illinois•New Jersey•New York•Ohio•Pennsylvania•Texas•Washington.D.C.•Panama•Puerto Rico
6100 Blue Lagoon Drive,Suite 300,Miami,FL 33126
Tel:305 461.5484 Fax:305 461.5494
www.csagroup.cam
/—.41 CSAHOLD-01 MVANDERLEE
A�D CERTIFICATE OF LIABILITY INSURANCE DME(NMOU )
10/22/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SI,AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(es)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endeERment(s).
PRODUCER License#L060635 i CONTACT
Clearwater,FL-CLC-Hub International Southeast PHONE 7p 797.0441 F"11 (727)669-0673
600 Cleveland Street 111E«Ax.,Do.l 1cot,NMI:
Suite 500 1 ADORES,manuel.rulz@hubintema0onal.com
Clearwater.FL 33755
INSURER(('AFFORDING COVERAGE NAME
INSURER A:Hartford Underwriters Insurance Company 30104
INSURED INSURER a:ACE Bermuda Insurance Ltd NONE
CSA Central,Inc.,CSA Group,Inc. INSURER C:
6100 Blue Lagoon Dr.Suits 300 INSURER D:
Miami,FL 33125 INSURER E-:
,INSURER P:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTMTHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOVER MAY HAVE SEEN REDUCED BY PAID CLAIMS
IN ER TYPE OF INSURANCE Iry p AND POSY NUMBER AVANM BURR Y!FP POLICY DP
A X COMMERCIAL Ge1tRAL LMIIU1Y IYMNOM'W) IYYnXNYWY) WAITS
EACH OCCURRENCE 1A00.000
CLAMSIM0E X OCCUR X 21UUNZP2542 12/31/2014 12J31/2015 ONJAGETORFMEC 50,000
X Contractual Liab PPE WSE9(Ee RNrerim)
MED CEP(An.one N ra1 6,000
X Valuable Papers PERSONAL A ALV INJURY 1,000,000
GENL AGGREGATE LAIR APPLIES PER GENERAL AGGREGATE 2,000,050
X POLICY PRp�
JFR LOC PRODUCTS•COMP/OP AGG 2A00r000
OTHER
AUTOMOBILE MYLJn COMBINED SINGLE LIAR 1,000,000
(Ea MMR
A X ANY AUTO X 21UUNZP2542 12/31/2014 12/31/201E EDULY IMJORY(Per penal)
ALL
ALLOVA4D SCHEDULED BODILY INJURY(Per L=NN)
X HMO AUTOS X �S EO PROPPEETYDAMAGE
X UMBRELLA UAO OCCUR EACH OCCURRENCE 10,000,000
A !SCREE Me X CLAIMSAUOE 21 XHU ZP1273 12/31/2014 12/31/2015 AGGREGATE
OED X RETENTION 10,000 General Aggreg. 10,000,000
WRKERSCOMPUISATION PLTI-0TH
AND EMPLOYERS UASUTY X STATUTE ER
TN A ANYPROPRIETCRMARERTXECUTYE YIN 21WBAN15B3 12/31/2014 12/3i/2015 EL EACH ACCIDENT 1,000,000
OFFICEANEMBER EXCLUDED' N NIA
I Mwpelory Si AIR' EL DISEASE EA EMPLOYEE 1,000,000
Ili
in CMD,N UWr
CSCRIPTKKI CF OPERATIONS below EL USEASE-POLICY MIT 1,000,000
B Professional Lob. E02177 07/21/2014 07/2112015 5.000,000
DESCRIPTION OF OPERATNNI5 I LOCATORS VEHICLES(ACORD 101,AMINnil Rw,Mlu ksaa.,may be mxMM II more spice I.nqu1,M)
Re:Engineering and Surveying Continuing Services
Monroe County BOCC is listed as additional Insured with regards to General Liability and Auto Liability
&NEW
BY
W N _-
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
The GaW BuildingACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton Street,Room 2.213
Key West,FL 33040 AUTHORIZED REPRESENTATIVE]�J �
'2((C[(� [f,NLgLYA� I
CO 195152014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD