7/20/2016 AgreementAMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: September 14, 2016
TO: Roman Gastesi
County Administrator
ATTN.• Lindsey Ballard
Executive Aide
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller (fv
At the July 20, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item Q3 Ratification of three (3) small contracts signed by the County
Administrator; Perez Engineering, Newton & Associates, Inc. And Advanced Data Solutions.
Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions,
please feel free to contact my office.
County
cc: Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
AGREEMENT FOR
Key West Airport Customs Facility
Resident Professional Representative
This Agreement ("Agreement") made and entered into this /O day of
Tl,Lit" , 20 !b 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 Perez Engineering &
Development, Inc., a Corporation of the State of Florida, whose address is 1010
Kennedy Drive, Suite 201 Key West, FL 33040, its successors and assigns, hereinafter
referred to as"CONSULTANT',
WITNESSETH:
WHEREAS, COUNTY desires to employ CONSULTANT to provide Resident
Professional Representative(RPR)inspection services at the Key West Airport Customs
Facility Project("Project"); and
WHEREAS, CONSULTANT has agreed to provide professional services, which
shall include but not be limited to providing RPR project inspection services on the
Project as defined in Attachment'A'to this Agreement; and ;
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:
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
CONSULTANTS 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 services are 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.
Professional Services Agreement Page 1 of 33
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 of County Commissioners for Monroe County 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.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONSULTANT's Scope of Basic Services consists of those described in Attachment'A.'
Resident Engineer/Construction Inspector shall keep daily construction records to
include work in progress; quality and quantity of materials delivered, test locations and
results; instructions provided the contractor; weather conditions; equipment use; labor
requirements; safety problems; and changes required. 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 sub-
consultants, 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
Professional Services Agreement Page 2 of 33
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:
Doug Sposito, Director of Project Management
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:
Allen E. Perez, P.E.
Perez Enaineerina & Development. Inc.
1010 Kennedy Drive. Suite 201
Key West. FL 33040
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services are services not included in the Scope of Basic Services.
Should the COUNTY require additional services they shall be paid for by the
COUNTY at rates or fees negotiated at the time when services are required, but
only if approved by the COUNTY before commencement.
3.2 If Additional Services are required, the COUNTY shall issue a letter requesting
and describing the requested services to the CONSULTANT. The
CONSULTANT shall respond with a fee proposal to perform the requested
services. Only after receiving an amendment to the Agreement and a notice to
proceed from the COUNTY, shall the CONSULTANT proceed with the Additional
Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the
Project including physical location of work, county maintained roads, maps.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf
with respect to the Project The COUNTY or Its representative shall render
decisions in a timely manner pertaining to documents submitted by the
CONSULTANT in order to avoid unreasonable delay in the orderly and
sequential progress of the 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.
Professional Services Agreement Page 3 of33
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
sub-consultants 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 My 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 Notwithstanding any minimum insurance requirements prescribed elsewhere in
this agreement, the CONSULTANT 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 (ill) 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 with 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
provision 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 statues. 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.
52 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
Professional Services Agreement Page 4 of33
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:
NAME FUNCTION
Mike Pearson RPR
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
Professional Services Agreement Page 5 of 33
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the
CONSULTANTS performance of this Agreement based on an hourly basis and is
estimated at two to three site visits per week (50 weeks at 10 hours) plus 10
hours for project closeout billed with a not to exceed limit of:
$48,450.00 (Forty-Eight Thousand Four Hundred Fifty Dollars and 00N00) will
apply to this Agreement.
Task 1: Resident Engineering Fee - $95.00 per hour(50 weeks @ 10 hours
per week).
Task 2: Closeout Resident Engineering Fee-$95.00 per hour 0 10 hours.
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 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 include expenses incurred by the CONSULTANT are
not allowed as part of this contract.
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
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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 CONSULTANTS 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 $100,000.00 per Accident,
$500,000.00 Disease, policy limits, $100,000.00 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 sub-consultants, including Premises
and/or Operations, Products and Completed Operations, Independent
- _ Contractors; Broad Form Property Damage and a Blanket Contractual
Liability Endorsement with the minimum limit acceptable of $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 reported must extend for a minimum of 12
months following the termination or expiration of this contract.
Professional Services Agreement Page 7 of 33
E. Professional liability insurance of $300,000.00 per occurrence and
$500,000.00 annual aggregate. If the policy Is a "claims made" policy,
CONSULTANT shall maintain coverage or purchase a "tail" to cover claims
made after completion of the project to cover the statutory time limits in
Chapter 95 of the Florida Statutes.
F. Errors and Omissions $250,00.00 per occurrence$500,000.00 Aggregate
G. COUNTY shall be named as an additional insured with respect to
CONSULTANT's liabilities hereunder in insurance coverages identified in
Paragraphs C and D.
H. CONSULTANT shall require its sub-consultants 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 sub-consultants.
I. 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.
J. 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
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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 Form of Agreement (Articles I-IX), the documents
referred to in the Form of Agreement as a part of this Agreement, attachments
and modifications made after execution by written amendment. In the event of
any conflict between any of the Contract documents, the one imposing the
greater burden on the CONSULTANT will control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contracts to provide any
goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017 of the
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this
Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement
and recovery of all monies paid hereto, and may result in debarment from
COUNTY's competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has
been no determination, based on an audit, that it or any sub-consultant 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
Professional Services Agreement Page 9 of 33
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
sub-consultant 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 AND PUBLIC RECORDS COMPUANCE.
Consultant must comply with Florida public records laws, including but not limited
to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of
Florida. The County and Consultant shall allow and permit reasonable access to,
and inspection of, all documents, records, papers, letters or other"public record"
materials in its possession or under its control subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the County and
Consultant in conjunction with this contract and related to contract performance.
The County shall have the right to unilaterally cancel this contract upon violation
of this provision by the Consultant. Failure of the Consultant to abide by the
terms of this provision shall be deemed a material breach of this contract and the
County may enforce the terms of this provision in the form of a court proceeding
and shall, as a prevailing party, be entitled to reimbursement of all attorneys fees
and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract.
The Consultant is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
Consultant is required to:
(1) Keep and maintain public records that would be required by the County
to perform the service.
(2) Upon receipt from the County's custodian of records, provide the
County with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following completion
of the contract if the consultant does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all
public records in possession of the Consultant or keep and maintain public
records that would be required by the County to perform the service. If the
Consultant transfers all public records to the County upon completion of the
contract, the Consultant shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
If the Consultant keeps and maintains public records upon completion of the
contract, the Consultant shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the County,
upon request from the County's custodian of records, in a format that is
compatible with the information technology systems of the County.
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(5) A request to inspect or copy public records relating to a County contract
must be made directly to the County, but if the County does not possess the
requested records. the County shall immediately notify the Consultant of the
request, and the Consultant must provide the records to the County or allow the
records to be inspected or copied within a reasonable time.
If the Consultant does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance with the
contract, notwithstanding the County's option and right to unilaterally cancel this
contract upon violation of this provision by the Consultant. A Consultant who fails to
provide the public records to the County or pursuant to a valid public records request
within a reasonable time may be subject to penalties under section119.10, Florida
Statutes.
The Consultant shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision or as
otherwise provided by law.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119. FLORIDA STATUTES. TO THE CONSULTANTS DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT
PHONE# 305-2923470 BRADLEY-BRlAN6MONROECOUNTY-FLGOV,
MONROE COUNTY ATTORNEY'S OFFICE 1111 12TM Street, SUITE 408, KEY
WEST, FL 33040.
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 16th 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 tern, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted
Professional Services Agreement Page 11 of 33
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 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 attorney's fees, and courts costs in
appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind
and inure to the benefit of the COUNTY and CONSULTANT and their respective
legal representatives,successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to
apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives
of each of the parties. If no resolution can be agreed upon within 30 days after
the first meet and confer session, the issue or issues shall be discussed at a
public meeting of the Board of County Commissioners. If the issue or issues are
still not resolved to the satisfaction of the parties, then any party shall have the
right to seek such relief or remedy as may be provided by this Agreement or by
Florida law. This provision does not negate or waive the provisions of paragraph
9.5 concerning termination or cancellation.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either
party relating to the formation, execution, performance, or breach of this
Agreement, COUNTY and CONSULTANT agree to participate, to the extent
required by the other party, in all proceedings, hearings, processes, meetings,
Professional Services Agreement Page 12 of 33
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.
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;
Professional Services Agreement Page 13 of 33
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 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.
9.22 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.
9.23 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.
9.24 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
Professional Services Agreement Page 14 of 33
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.
9.25 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 the Agreement.
9.26 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.
9.27 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.
9.28 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
Professional Services Agreement Page 15 of 33
IN WITNESS WHEREOF, each party has caused (Ni Agreement to be executed by Its
duly authorized representative on the day and year gnat above written.
CONSULTANT
Pens Engl Inc.
Signature:
Title: nB a.��rr D
Print Name: /7UAW /QN 2.
pate: Vapt
STATE OF FL ORIDA
COUNTY OF on l"t t n
On this day of -June 2016, before me, the undersigned notary
public, personally appeared J1 IeTIE 1'erev , known to me to be the person
whose name Is subscribed above or who produced as identification, and
acknowledged that he/she is the person who executed the above contract with Monroe
County for the RPR services at the Key West International Airport Customs Facility, for
the purposes herein contained.
' Notary Public DEBRA MATHS
1 I,, c AIN Nolan'Public,Stare of Floral I
)ehro tnol- 11 J My commiaalOnl B7 : CommbebM FF 15i458 J
Print Name —frreerwriralrroc Sept.12,zme
MONROE COUNTY ASSISTANT COUNTY ADMINISTRATOR
p
Kevin Wilson, P.E.
COUNTY ATTORNEY
AS TO FORM
ASSI/S�jass AAWPCSSC
Da C(! /
profesSnal Services Agnzateat Page 16 of33
ATTACHMENT A
Consultant Scope of Services
RPR Scope of Services
1. RPR Qualifications
1.1. The RPR may be an employee or contract employee of Perez
Engineering & Development, Inc.
1.2. The RPR must have field experience in the type of work to be performed;
be fully qualified to make interpretations, decisions, field computations,
etc.; and have knowledge of testing requirements and procedures. The
resident engineer or inspector must have the authority to reject both
unsatisfactory workmanship and materials.
1.3. The RPR must have experience as a construction foreman, construction
superintendent, construction engineer, or RPR on at least two projects
similar to the type, complexity and size of the project on which the
candidate will be performing for Monroe County.
1.4. At least thirty calendar days before the date on which construction is
scheduled to commence, the RPR's resume shall be submitted to Monroe
County Project Management. If Monroe County Project Management and
Monroe County Airport Management agree that the candidate meets all of
the described qualifications, they shall approve the candidate for the
position of RPR. If either believes the candidate does not possess the
required qualifications or objects to the candidate for other reasonable
reason the nomination shall be rejected.
1.5. If the Monroe County Project Management and Monroe County Airport
Management become dissatisfied with the RPR's performance during the
course of construction, Perez Engineering & Development, Inc. shall meet
to determine if corrective action should be taken or if the RPR should be
replaced.
1.6. Perez Engineering & Development, Inc. will provide a qualified
construction resident engineer to observe that the construction is carried
out in reasonable conformity with the contract documents and in
accordance with the customary practices of professional engineers and
consultants. The resident engineer will be available for both full-time and
Forms Page 17 of 33
part-time construction observation services during the duration of the
project as required by the nature of the ongoing construction activities.
Further, the CONSULTANT will attend special meetings with County staff
at the request of the COUNTY from time to time.
1.7. The RPR is Perez Engineering & Development, Inc.'s agent at the site, so
the RPR reports directly to Perez Engineering & Development, Inc. As a
licensed Florida Professional Engineer, Perez Engineering &
Development, Inc. accepts professional liability for the RPR's work.
2. Length of Service
2.1. The Consultant services for the Construction Contract shall begin upon
written notification to proceed by County.
2.2. The Consultant Senior Project Engineer will track the execution of the
Construction Contract such that the Consultant is given timely
authorization to begin work. While no personnel shall be assigned until
written notification by the County has been issued, the Consultant shall
be ready to assign personnel within two weeks of notification. For the
duration of the project, the Consultant shall coordinate closely with the
County and Contractor to minimize rescheduling of Consultant activities
due to construction delays or changes in scheduling of Contractor
activities.
2.3. For estimating purposes, the Consultant will be allowed an accumulation
of thirty working days to perform preliminary administrative services prior
to the Issuance of the Contractor's notice to proceed and thirty calendar
days to demobilize after final acceptance of the Construction Contract.
Construction Contract Estimate
Start Date Duration
June 17, 2016 To March 21, 2017
3. DEFINITIONS:
Resident Professional Engineer. The Engineer assigned to a particular Project
or area to administer Construction Contracts for the County.
Construction Project Manager. The County employee assigned to manage the
Construction Engineering and Inspection Contract and represent the County
during the performance of the services covered under this Agreement.
Forms Page 18 of 33
Engineer of Record: The Engineer noted on the Construction plans as the
responsible person for the design and preparation of the plans.
Consultant: The Consulting firm under contract to the County for administration
of Construction Engineering and Inspection services.
Agreement: The Professional Services Agreement between the County and the
Consultant setting forth the obligations of the parties thereto, including but not
limited to the performance of the work, furnishing of services, and the basis of
payment.
Consultant Senior Project Engineer: The Engineer assigned by the
Consultant to be in charge of providing Construction Contract administration for
one or more Construction Projects. This person may supervise other Consultant
employees and act as the lead Engineer for the Consultant.
Consultant Project Administrator: The employee assigned by the Consultant
to be in charge of providing Construction Contract administration services one or
more Construction Projects.
Contractor: The individual, firm, or company contracting with the County for
performance of work or furnishing of materials.
Construction Contract: The written agreement between the County and the
Contractor setting forth the obligations of the parties thereto, including but not
limited to the performance of the work, furnishing of labor and materials, and the
basis of payment.
County: Monroe County Board of County Commissioners.
4. REQUIREMENTS
4.1. It shall be the responsibility of the Consultant to administer, monitor, and
inspect the Construction Contract such that the project is constructed in
reasonable conformity with the plans, specifications, and special
provisions for the Construction Contract
4.2. The Consultant shall observe the Contractor's work to determine the
progress and quality of work, identify discrepancies, report significant
Forms Page 19 of 33
discrepancies to the County, and direct the Contractor to correct such
observed discrepancies.
4.3. The Consultant is hereby designated by the County to negotiate
Supplemental Agreements. However, the Consultant must seek Input
from the Construction Project Manager. The Consultant shall prepare the
Supplemental Agreement as a recommendation to the County, which the
County may accept, modify or reject upon review. The Consultant shall
consult with the Construction Project Manager, as it deems necessary
and shall direct all issues, which exceed its delegated authority to the
Construction Project Manager for County action or direction.
4.4. The Consultant shall advise the Construction Project Manager of any
significant omissions, substitutions, defects, and deficiencies noted in the
work of the Contractor and the corrective action that has been directed to
be performed by the Contractor. Work provided by the Consultant shall
not relieve the Contractor of responsibility for the satisfactory
performance of the Construction Contract.
5.-Technical Observation of Construction
5.1. The RPR's point of contact with the contractor shall be the Contractor's
project superintendent.
5.2. The RPR will be available to meet with the representatives of the Owner,
Contractor, the FM, the state, and other interested parties at the project
location.
5.3. When clarifications and interpretations of the contract documents are
needed, the RPR shall consult with Architect. If the Contractor makes
verbal inquiries, the RPR may respond verbally but must document the
question and answer in the written daily report. If the contractor submits
a written RFI, the RPR shall forward the RFI to the Architect and Monroe
County Project Management for a formal response.
5.4. The RPR will monitor and document the Contractor's sub-consultants and
personnel who are performing on-site testing, surveying, or other project
related services.
Forms Page 20 of 33
5.5. The RPR shall review the progress schedule prepared by the contractor,
but the contractor has sole responsibility for preparing and executing the
schedule.
5.6. The RPR will monitor and coordinate the construction progress; will
coordinate with the Contractor, Monroe county Project Management, and
the Architect; will provide construction oversight to ensure that the work is
proceeding according to the construction contract documents; and will
notify the Architect and Monroe County Project Management if problems,
disputes, or changes arise during the course of construction.
5.7. The RPR shall review the contractor's red-lined as-built drawings at least
once each week to confirm that they are being maintained properly. The
RPR shall again review the contractor's red-lined as-built drawings as a
condition of approving the contractor's monthly pay application.
5.8. The RPR may not authorize extra work, issue work directives, or Issue
change orders. After consulting with Monroe County Project
Management, the RPR shall prepare draft change orders and work
directives. The RPR shall then deliver draft copies of change orders and
work directives to Monroe County Project Management for review and
approval. The RPR shall then finalize change orders and work directives
and forward them to the Contractor. Change orders and work directives
shall not be issued by Monroe County Project Management without
Consultant's involvement.
5.9. The RPR shall attend construction phase meetings with the Contractor.
The RPR shall prepare draft minutes of the meetings and submit them to
Monroe County Project Management within two workdays. If Monroe
County Project Management agrees with the content of the minutes,
Monroe County Project Management shall initial the minutes, file them in
the project record file, and send a copy of them to the RPR. If the content
of the minutes cause the Monroe County Project Management or the
RPR concern, the Monroe County Project Manager may call for a
subsequent meeting that the Monroe County Project Manager shall
attend.
5.10. The RPR will prepare and maintain cost estimates and construction
quantity estimates for use In preparing monthly payment reimbursement
requests and for monitoring the progress of the Contractor's work. The
resident engineer will prepare daily construction progress reports of the
Forms Page 21 of33
construction activities that are observed and will submit the reports to
Monroe County Project Management for review. The resident engineer
will prepare monthly construction summary reports of completed work that
has been accepted and approved by the RPR and will submit the reports
to the Monroe County Project Management for review.
6. Expenses
6.1. The RPR may incur and will be solely responsible for project related
expenses during the course of the technical observation of construction
phase of the work which may include but will not be limited to: meals,
lodging, mileage, tolls, overnight shipping, blueprints, photocopies,
photographic materials, equipment rental, survey materials, long distance
telephone calls from the field, and miscellaneous vendor invoices and
hotels. These expenses will be included in Perez Engineering &
Development, Inc.'s contract with Monroe County.
6.2. Outside Services - The RPR may Incur certain project related costs
during the technical observation phase of the work in the form of
geotechnical sub-consultant costs for quality assurance testing of
construction materials and practices. These costs if any will be included
in Perez Engineering & Development, Inc.'s contract with Monroe County.
7. Duties
7.1. The RPR shall conduct on-site observation of the Contractor's work in
progress to assist Monroe County in determining if the work is generally
proceeding in accordance with the contract documents. The RPR shall
verify the results of tests, equipment, and systems start-up. If
construction work is not in compliance with the requirements of the
contract documents and if the contractor fails to take prompt corrective
action, the RPR shall notify Monroe County Project Management. If
Monroe County Project Management determines that the work should be
rejected, Consultant shall consult with the Monroe County Project
Management and then shall give notice of rejection to the Contractor.
7.2. The terms "observe" and "observation" does not mean Inspect" or
"inspection". Perez Engineering & Development, Inc.'s and the RPR's
services are only advisory, leaving the Contractor solely responsible for
completing construction in conformance with the contract documents.
Forms Page 22 of 33
7.3. General:
7.3.1. RPR is Owner's agent at the Site, will act as directed by and under the
supervision of Owner's licensed Professional Engineer, and will confer
with Owner regarding RPR's actions. RPR's dealings In matters
pertaining to the Contractor's work In progress shall in general be with
Owner and Contractor, keeping Engineer advised as necessary. RPR's
dealings with subcontractors shall only be through or with the full
knowledge and approval of Contractor. RPR shall generally communicate
with Engineer with the knowledge of and under the direction of Owner's
licensed Professional Engineer.
7.4. Schedules:
7.4.1. Review the progress schedule, schedule of Shop Drawing and Sample
submittals, and schedule of values prepared by Contractor and consult
with Owner and to Monroe County Project Management concerning
acceptability.
7.5. Conferences and Meetings:
7.5.1. Attend meetings with Contractor, such as preconstruction conferences,
progress meetings, Job conferences and other project-related meetings,
and prepare and circulate copies of minutes thereof.
7.6. Liaison:
7.6.1. Serve as Owner's liaison with Contractor, working principally through
Contractor's superintendent, assist In providing information regarding the
Intent of the Contract Documents.
7.6.2. Serve as Owner's liaison with Contractor when Contractor's operations
affect Owner's on-Site operations.
7.6.3. Assist in obtaining from Owner additional details or information, when
required for proper execution of the Work.
7.7. Interpretation of Contract Documents:
Forms Page 23 of 33
7.7.1. Report to Engineer when clarifications and Interpretations of the Contract
Documents are needed and transmit to Contractor clarifications and
interpretations as issued by to Monroe County Project Management.
7.8. Shop Drawings and Samples:
7.8.1. Record date of receipt of Samples and approved Shop Drawings.
7.8.2. Receive Samples which are furnished at the Site by Contractor, and notify
to Monroe County Project Management of availability of Samples for
examination.
7.8.3. Advise to Monroe County Project Management and Contractor of the
commencement of any portion of the Work requiring a Shop Drawing or
Sample submittal for which RPR believes that the submittal has not been
approved by to Monroe County Project Management.
7.9. Modifications:
7.9.1. Consider and evaluate Contractor's suggestions for modifications in
Drawings or Specifications and report such suggestions, together with
RPR's recommendations, to Monroe County Project Management.
Transmit to Contractor in writing decisions as issued by to Monroe County
Project Management.
7.10. Review of Work and Rejection of Defective Work:
7.10.1. Conduct on-Site observations of Contractor's work in progress to assist
Owner and Engineer in determining if the Work is in general proceeding
in accordance with the Contract Documents.
7.10.2. Report to Owner and Monroe County Project Management whenever
- - - RPR believes that any part of Contractor's work in progress will not
produce a completed Project that conforms generally to the Contract
Documents or will imperil the integrity of the design concept of the
completed Project as a functioning whole as indicated in the Contract
Documents, or has been damaged, or does not meet the requirements of
any inspection, test or approval required to be made; and advise Owner
and Monroe County Project Management of that part of work in progress
that RPR believes should be corrected or rejected or should be
Forms Page 24 of 33
uncovered for observation, or requires special testing, inspection or
approval.
7.11. Inspections, Tests, and System Startups:
7.11.1. Consult with Monroe County Project Management in advance of
scheduled major Inspections, tests, and systems startups of important
phases of the Work.
7.11.2. Ensure that tests are performed at the frequency stated in the
specifications. Determine when and where tests will be taken and witness
tests. If not indicated in the specifications, a sufficient number of tests
should be taken to verify that the construction is acceptable.
7.11.3. Verify that tests, equipment, and systems start-ups and operating and
maintenance training are conducted in the presence of appropriate
personnel, and that Contractor maintains adequate records thereof.
7.11.4. Observe, record, and report to Monroe County Project Management
- appropriate details relative to the test procedures and systems start-ups.
Each test report for material in-place should, at a minimum, contain the
following:
1. Test performed and date.
2. Applicable standard or project specification.
3. Test location.
4. Test result.
5. Action taken on failing tests.
6. Lot size and location and adjusted contract price when statistical
acceptance procedures are specified or when provisions allow
for reduced payment.
7.11.5. Accompany visiting inspectors representing public or other agencies
having jurisdiction over the Project, record the results of these inspections,
and report to Owner and to Monroe County Project Management.
7.11.6. Ensure that all testing required by the specification is performed, all
commercially produced products, such as pipe and reinforcing steel, that
are used on the project should be accompanied by numerical test results
or a certification form.
Forms Page 25 of33
7.12. Photographs
7.12.1. The Consultant shall have a digital camera for photographic
documentation of noteworthy incidents or events to cover the following
areas:
1. Pre-construction photographs.
2. Normal and exceptional progress of work.
3. Critical path activities.
4. Accidents showing damage.
5. Unsafe working conditions.
6. Unusual construction techniques.
7. Damaged equipment or materials.
8. Any activity, which may result in claim.
7.12.2. These photographs will be filed and maintained on the Consultant's
computer. Copies of photographs will be electronically transferred to the
County at an interval determined by the Senior RPR and the Monroe
County Project Manager.
7.12.3. The taking of the photographs shall begin the day prior to the start of
construction and continue regularly throughout this project. Photographs
shall be taken the days of Conditional, Partial and/or Final Acceptance.
7.13. Records:
7.13.1. Maintain at the Site orderly files for correspondence, reports of Job
conferences, reproductions of original Contract Documents including all
Change Orders, Field Orders, Work Change Directives, Addenda,
additional Drawings issued subsequent to the execution of the Contract,
Engineer's clarifications and interpretations of the Contract Documents,
progress reports, Shop Drawing and Sample submittals received from
and delivered to Contractor, and other Project-related documents.
7.13.2. Record names, addresses, fax numbers, e-mail addresses, web site
locations, and telephone numbers of all Contractors, subcontractors, and
major suppliers of materials and equipment.
7.13.3. Maintain records for use In preparing Project documentation.
Forms Page 26 of 33
7.13.4. The RPR shall maintain orderly files of correspondence, reports of job
conferences, change orders, field orders, work change directives, daily
reports and/or diaries, photographs and other similar documents. These
documents shall be filed in the RPR's project record file. They shall be
made available to Monroe County upon receipt of request.
7.13.5. Submits copies of FAA Form 5370-1, Construction Progress and
Inspection Report, or equivalent form to the appropriate FAA Airports
Division/District/Field Office upon request and provides copies for the
owner.
8. Closeout
8.1.Reports
8.1.1. Schedule and conduct a meeting with the County at least 45 calendar
days prior to project final acceptance. The purpose of this meeting is to
discuss the required documentation, including as-builts, necessary to
close out the permit(s).
8.1.2. Furnish to Owner and Engineer periodic reports as required of progress
of the Work and of Contractor's compliance with the progress schedule
and schedule of Shop Drawing and Sample submittals.
8.1.3. Draft and recommend to the County proposed Change Orders, Work
Change Directives, and Field Orders. Obtain backup material from
Contractor.
8.1.4. Furnish to Monroe County and Owner copies of all Inspection, test, and
system start-up reports.
8.1.5. Immediately notify Owner and Monroe County of the occurrence of any
Site accidents, emergencies, acts of God endangering the Work, damage
to property by fire or other causes, or the discovery of any Constituent of
Concern.
8.2.Payment Requests: Review Applications for Payment with Contractor for
compliance with the established procedure for their submission and forward
with recommendations to Owner's licensed Professional Engineer noting
particularly the relationship of the payment requested to the schedule of
Forms Page 27 of 33
values, Work completed, and materials and equipment delivered at the Site
but not incorporated in the Work.
8.3.Certificates, Operation and Maintenance Manuals: During the course
of the Work, verify that materials and equipment certificates, operation and
maintenance manuals and other data required by the Specifications to be
assembled and furnished by Contractor are applicable to the items actually
installed and in accordance with the Contract Documents, and have these
documents delivered to Engineer for review and forwarding to Owner prior to
payment for that part of the Work
9. Completion:
9.1.Participate in a Substantial Completion inspection, assist in the determination
of Substantial Completion and the preparation of lists of items to be
completed or corrected.
9.2.Participate in a final inspection in the company of Engineer, Owner, and
Contractor and prepare a final list of items to be completed and deficiencies
to be remedied.
9.3.Observe whether all items on the final list have been completed or corrected
and make recommendations to Owner and Engineer concerning acceptance
and issuance of the Notice of Acceptability of the Work.
10. Resident Project Representative shall not
10.1. Authorize any deviation from the Contract Documents or substitution of
materials or equipment(including "or-equal"items).
10.2. Exceed limitations of RPR's authority as set forth in the Agreement or the
Contract Documents.
10.3. Undertake any of the responsibilities of Contractor, subcontractors,
suppliers, or Contractor's superintendent.
10.4. Advise on, issue directions relative to, or assume control over any aspect
of the means, methods, techniques, sequences or procedures of
Contractor's work unless such advice or directions are specifically required
by the Contract Documents.
Forms Page 28 of 33
10.5. Advise on, issue directions regarding, or assume control over safety
practices, precautions, and programs in connection with the activities or
operations of Owner or Contractor.
10.6. Participate in specialized field or laboratory tests or Inspections conducted
off-site by others except as specifically authorized by Owner.
10.7. Accept Shop Drawing or Sample submittals from anyone other than
Contractor.
10.8. Authorize Owner to occupy the Project In whole or in part.
Forms Page 29 of 33
•
PUBLIC ENTITY CRIME STATEMENT
"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 a contract 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, for
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
I have a owledge the Public Entity Crime Statement
Si na ure
Printed Name
Title
Date:
Forms Page 30 of 33
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHI(S CLAUSE f/�r�1 '/�'I ' I 'p ass l,s..,�,�M,r.,T
ft11ZE2 LNG4Q ZkJ OWl2a0R/ N{ 5 tc1
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any
former County officer or employee in violation of Section 2 of Ordinance Na 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also, In its discretion, deduct from the Agreement or urchase price,or otherwise
recover, the full amount of any fee, commission, percentage, g , r consideration paid to the
former County officer or employee".
at(Signature)
„/
Date: G/ �/�L
STATE OFI'L MONROE
(�,�/ONROE LLL
COUNTY OF: YY)ON I30 . p
Subscribed and sworn to(or affirmed)before me on e J Li n e 2c/co
(date)by 4 lieN E Perez- (name of affiant). He/She is
personally
known to me or has produced
as
identification.(type of identification)
Math D
NOTARY PUBLIC
My commission expires: BCtRM MATHS
/ acts Notary Publk,State of Florida
Commission,/FF 151458
My comm.expires Sept 12,2018
Forms Page 31 of 33
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
Pew eiA1c4K) t2s21fue- 0E61uPMgur act
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse In the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition
of working on the commodities or contractual services that are under bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or
of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five(5)days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
Consultant Represent e Signature
Date 6 S / . _,11 . arli
NOTARY PUBLIC /
My Commission Expires:
k DE9aA MATIoS
it Notary Public,Stateof 8Ce
CommissionX FF 151458
My comm.expires Sept 12,201B
Forms Page 32 of 33
IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS
The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe
County and Monroe County Board of County Commissioners, its officers and employees from
liabilities, damages, losses and costs, including but not limited to, reasonable attorneys'fees, to
the extent caused by the negligence, recklessness, or intentional wrongful conduct of the
CONSULTANT, subcontractor(s)and other persons employed or utilized by the CONSULTANT in
the performance of the contract.
In the event that the completion of the project (to Include the work of others) is delayed or
suspended as a result of the CONSULTANTS failure to purchase or maintain the required
insurance, the CONSULTANT shall indemnify the County from any and all increased expenses
resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any
deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the
CONSULTANT agrees and warrants that CONSULTANT shall hold the County harmless and
shall Indemnify it from all losses occurring thereby and shall further defend any claim or action on
the County s behalf.
The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the Insurance requirements
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
I uriderstand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
VAfre
Consultant Represe ve Signature Dale
Forms Page 33 of 33