Item C02County of Monroe
A
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tem David Rice, District 4
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Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
January 18, 2017
Agenda Item Number: C.2
Agenda Item Summary #2491
BULK ITEM: Yes DEPARTMENT: Engineering / Roads
TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 453 -8754
N/A
AGENDA ITEM WORDING: Approval of task order with Keith & Schnars, P.A. under the On
Call Consulting Contract for design and engineering services associated with the Community
Aesthetic Feature - Big Pine Key signs project in the amount of $18,911.92.
ITEM BACKGROUND: At the July 2016 BOCC meeting, engineering staff was given direction to
reach out and work with the Lower Keys Chamber of Commerce (LKCC) pertaining to their request
for welcome signs to be fabricated and installed on Big Pine Key. This type of signage project is part
of FDOT's Landscape and Community Aesthetic Features (CAF) program. Staff is utilizing the On
Call Consulting Contract with Keith & Schnars (K &S) consultants for this project because they have
extensive experience in the Community Aesthetic Feature process with FDOT. Pursuant to FDOT
Landscape and Community Aesthetic Features (CAF) guidelines, K &S will: work with LKCC and
prepare 100% sign plans and specifications that will be submitted to FDOT for approval and prepare
the CAF agreement and required exhibits for execution. Upon completion of these items, staff will
bring forward a resolution for BOCC execution of the CAF agreement. The LKCC at their
November 16, 2016 meeting voted to contribute $10,000 to this project.
PREVIOUS RELEVANT BOCC ACTION:N /A
CONTRACT /AGREEMENT CHANGES:
Task Order
STAFF RECOMMENDATION: Approval of Task Order
DOCUMENTATION:
K &S Big Pine CAF Task Order
Keith & Schnars - EXEC & amend 1 - 3 -18 -15
FINANCIAL IMPACT:
Effective Date: 1/28/17
Expiration Date: upon final acceptance by FDOT
Total Dollar Value of Contract: $18,911.92
Total Cost to County: $21,911.92
Current Year Portion: $18,911.92
Budgeted: Yes
Source of Funds: Fund 102 Gas Taxes
CPI: N/A
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Other Funding Sources: $10,000.00 LKCC
County Match: $21,911.92
Insurance Required: No
Additional Details:
$1,000 annual
Engineering services $18,911.92 plus sign creation and installation estimated at $13,000 for total
project estimate of $31,911.92
01/18/17 102 -22500 - ROAD DEPARTMENT
$10000 LKC contribution
$31,911.92
REVIEWED BY:
Judith Clarke
Completed
12/12/2016 9:00 AM
Christine Limbert
Completed
12/28/2016 3:43 PM
Budget and Finance
Completed
12/30/2016 11:06 AM
Maria Slavik
Completed
12/30/2016 11:50 AM
Kathy Peters
Completed
12/30/2016 1:35 PM
Board of County Commissioners
Completed
01/18/2017 9:00 AM
i ASK ORDER FOR ON CALL PROFESSIONAL DESIGN AND PERMITTIIG
SERVICES BETWEEN MONROE COUNTY AND KEITH & SCHNARS, P.A.
FOR
COMMUNITY AESTHETIC FEATURE BIG PINE KEY SIGNS PROJECT
In accordance with the Continuing Contract for On Call Professional Engineering
Services made and entered on the 16th day of January, 2014 between Monroe County
hereinafter referred to as the ~Cnonhy and KEITH & SCHNARS, P.A., hereinafter
referred to as "Consultant" where design services are a||ovv8d if construction costs do
not exceed $2.00O.DOU.
All terms and conditions of the referenced Contract for On Call Professional Engineering
Services apply to the Task Order, unless the Task Order modifies an Article of the
Aoreanoan1 of which will be specifically referenced in this 7 Order and the
modification shall be precisely described.
This Task Order ia effective on the 10kh Day of January, 2017 and shall expire after
final FDOTappr0va| is complete.
Article U Scope of Basic Services, Paragraph 2.1'1 is amended as follows:
Details uf the scope ofservices are included |n the Consultant's proposal that iaattached
to this tank order as Attachment /\.
Oet8||S of the naqo|ned FOOT Community Aesthetic Feature Agreement are attached to
this task order as Attachment B
Consultant to work on sign deyhgndireoUvvvhh:
Lower Keys Chamber ofCommerce
31O20 Overseas Hwy
Big Pine Key, FL 33043.
Contact: Susan K. Miller, Executive Director
305-872-2411
The Consultant will evaluate existing adjacent environment and habitat and provide a
design that eliminates or minimizes impacts to the surrounding environment and habitat.
2-0 CONSTRUCTION DOCUMENTS PHASE
2.1 The Consultant shall prepare, for approval bvthe FD[]T, Lower Keys Chamber uf
Commerce, Couob/, Construction Documents consisting ofDrawings and Specifications
setting forth in detail the requirements for the construction of the project. Construction
documents ahe|| conform to the applicable standards contained in the following:
Florida Department of Transportation Roadway Plans Preparation
[W8ouuls
COMMUNITY AESTHETIC FEATURE BIG PINE KEY SIGNS PROJECT
Keith & Schnars,n4
January '8,20l7
Page ]of 6
2, Florida Department of Transportation Design Standard
3. Florida Department of Transportation Manual of Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and
4. Florida Department of Transportation Sur Prooed
k#o //xmxmv2dot. state. f 1 ua/ornceduraUdocumontah)rocedunE
5, Florida Department of Transportation Drainage Manual
8. K8UTCD
7. Amer Disabilities Act
8. Florida Department of Transportation Flexible Pavement Design Manual
9. Florida Statutes
2.2. The Consultant shall provide Drawi and applicable Technical Specifications
for the County's review.
2.3 Upon Connp|eUnm of the Construction Documents Phase, the Consultant shall
prov Construction Documents for the County approval, Upon approval by the
County the Consultant shall provide the County up to 3 sets of Construction Documents CL
CL
that have been signed and sealed by the Consultant. The Consultant shall also provide ~�
an electronic version of the construction documents. The Consultant ohg|| provide an
estimate of anticipated construction oued in accordance with the construction �V
development phase.
2.4 The Consultant ahe| assist the County in the preparation of the necessary
bidding infVnneUnn for the production of bidding forms, the Conditions of the CoDtraxcts,
and the forms of Agreements between the County and the Contractors by providing
supporting information as to the projects mnwpe, bid itamns, estimated quantities and
construction duration, The County shall prepare all Bidding Forms, Conditions of the
Contract, and Forms ofAgreement.
2-6 The Consultant's construction documents (p|one, spenhioeUons, etc) will conform
10 all codes and regulations of the federal government, county, otate, nnunkcipa|ities,
agencies and state depadnmenta, in effect at the date of this Agreement, and shall be of
such oornp|mbon as to be acceptable for review and ruling by said agencies when
permits are applied for. The Consultant shall use due care in determining permit
requirements and shall meet with regulatory agencies as necessary to coordinate
specific permit requirements. The Consultant shall document all meetings and
COMMUNITY AESTHETIC FEATURE BIG PINE KEY SIGNS pePJeCr
Keith & Sob^urs.p/c
Juumm718,2017
Page 2 "[6
conversations with said regulatory agencies. If permits are denied for incompleteness Or
for lack of following said codes or regulations, or permit requinennents. then the Engineer
will conform the construction documents in such manner to nHCGiwe permits upon such
plans. Work required by the Consultant to conform documents to fadera|, state, city,
county, mr agency specifications 10 allow them to be approved shall be completed at no
charge or cost 10 the County, unless said requirements are changed during the course of
the project.
2.6 The County 8hGU be responsible for the bnleh submittal of all FOOT permit
applicat fees.
2'7 At the 90% and 100Y6 desi phases the Consultant Gh8U provide draw and
other documents which depict the current status nfdesi for the County rev and
information. The Consultant shall provide an estimate of anticipated construction costs
and construction schedule.
2.8 As needed, the Consultant will provide clarification and answers to questions
from prospective bidders during the construction bid process. Answers will be provided
in a timely manner in order to facilitate bidding.
3-0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS
To satisfactorily perform the Construction Documents phase requirement, the
Engineer must complete the tasks set forth in items 3.1 through 3.4.
3.1 Construction Plans —This consists of, at a minimum, Key Sheet, Summary of
Pay Items and C)ugn1Uties. Project Lmynut. Plan and Profile sheets. Typical Sections,
Detail sheets. General Wotes, Traffic Control Plan. Construction plans shall be in
accordance with FD(]T Plans Preparation Manual.
3.2 Specificat — For general specifications, FOOT Specifications will be used. 6.
CL
Connpnahensive, abbreviated methods, materials and svot8nls descr in tune with
the drawings will be developed as necessary with Technical Special Provisions.
�
V
3.3 Bohmdu|es — PmapmrmmoeafnnateoftheConmtnuodnnTlmm.
3-4 Est of Const Cost — Esbmate of anticipated cost in accordance
with the Construction Documents.
4~0 CONSTRUCTION COST
Contemporaneously with the submission of the Design, the Consultant shall submit to
the County in writing its final Opinion of Probable Construction Cost K]PCC\ for
constructing the Project. Once submitted, the final anticipated price estimate 6h@U be
adjusted by the Consultant to reflect any increase or decrease in anticipated price
resulting from G change |nDesign.
4.1 The Construction Cost shall be the total estimated bid cost to the County of all
elements of the Project desi nedorapecified by the Consultant.
COMMUNITY AESTHETIC FEATURE BIG PINE KEY SIGNS PROJECT
Keith &Schnars,P�.
January 18,2017
Page 3 of 6
4�2 The Construction Cost shall include the cost at current market rates of labor and
materials and Equipment designed, aoeuifiad, selected or opeoi8|k/ provided for by the
COnsu|tont, plus a reasonable allowance for Contractor's overhead and profit.
4.3 Construction cost does not include the compensation of the Consultant and the
sub-Consultants, the costs of land, rights-of-vv@y, financing or other costs which are the
responsibility of the County.
Article V11, Paragraph 7.1 is amended to include the following:
The Consultant shall bepaid monthly for time and expenses based ODhourly rates and
the following not tn exceed amounts (except where nDted):
Task 1.01: Conceptual Plan (lump sum) $ 4,250.64
Task 1.O2: Final Plan (lump sum) $ 4
Task 1.03: Meetings (not to exceed) $ 1,760.00
Task 2.01: Structural Engineering Services (lump sum) $ 3,280.00
Task 3.U1: Maintenance of Traffic p|mn(nottoexceed) $ 5,100.00
Total (not to exceed) $ 18,911.92
Article IX Miscellaneous, Paragraph 9.21 1s amended as follows (contractor same
as consultant):
Public Records Compliance. Contractor must comply with Florida public records
|avvs. including but not limited tVChapter 119. Florida Statutes and Section 24ofarticle |
of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of. all docwrnent8, nSCurdn, papers, letters or other
pDb|io record" mGtehm|a in its possession or Under its control subject to the provisions of
Chapter 119. Florida Stafutos, and made or received by the County and Contractor in
conjunction with this contract and related to contract performance. The County shall
have the right to unilaterally C@noe| this contract upon violation of this provision by the
Contractor. Failure of the Contractor to abide by the terms of this provision shall be
deemed m material breach of this contract and the County may enforce the terms of this
provision in the fOr[n of court proceeding and shall, as @ prevailing party, be entitled to
ne|rnbunnennmnt of all attorney's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public
Records Levv in order to comply with this provision.
Pursuant to F,8. 119.0701 and the terms and conditions of this contract, the
Contractor |s required to:
(1) Keep and maintain public records that vvuu|d 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 a||o*v the records to be inspected or copied within a
COMMUNITY AESTHETIC FEATURE BIG PINE KEY SIGNS PROJECT
Keith &Sdonao,p4
January 18,2017
Page 4oW
reasonable time at a cost that does not exceed the nnGt provided in this chapter nrmo
otherwise provided bvlaw.
(8) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized bv law for
the duration of the contract term and following completion of the contract if the contractor
does not transfer the records t0 the County.
(4) Upon completion of the contract, transfer, at no onSL to the County all public
records in possession of the Contractor or keep and maintain public records that would
be required by the County to perform the service. If the Contractor transfers all public
records to the County upon completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records, All records stored electronically must be provided to the County,
upon request from the County's custodian of rBoords, in a format that is compatible with
the information technology systems Vf the County.
(5) A request to inspect or copy public records relating 10 a County contract must
be made directly to the County, but if the County does not possess the requested
records, the County Gh8|| immediately notify the Contractor of the request, and the
Contractor must provide the records t0the County or allow the records to be inspected
ur copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County
shall enforce the public records contract provisions in accordance with the C0ntmsct,
notwithstanding the County's option and right to unilaterally omnca| this contract upon
violation of this provision by the Contractor. A Contractor 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 sectionl 19.10, Florida Statutes.
The Contractor eho|| not transfer custody, /ekeaae, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision or as
otherwise provided by law.
Paragraph 9.30 Federal Highway Administration Requirements dm not apply to this
COMMUNITY AESTHETIC FEATURE BIG PINE KEY SIGNS PROJECT
Keith &SchnaoP.A.
January |O,zO/7
Page 5 of 6
IN WITNESS WHEREOF each party caused the Task Order to be executed by its duly
authorized representative.
Consultant
Keith & Schnars, P-A.
Signature Date
Vice President
Title
(SEAL)
Attest: Amy Heavilin, Clerk
Witness,
Signa(ure Date
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
by
Mayor /Chairman
i
COMMUNITY AESTHETIC FEATURE BIG PINE KEY SIGNS PROJECT
Keith & Schnars. P.A.
lanumy 18, 2017
Page 6 of 6
I
KEITH ".
,".,
SCHNAR'S'
October 19, 2016
Rev. November 2, 2016
Debbie London
Monroe County Engineering Department
102050 Overseas Highway, Suite 229
Key Largo, Florida 33037
RE: Work Order for Professional Services- On Call Professional Engineering Services
Project Name: Big Pine Community Aesthetic Feature
Project Location: Big Pine Monroe County
Keith & Schnars Proposal No. 18147.GC
Dear Ms. London,
This Work Order, when executed, shall be incorporated in and become an integral part of the Agreement for
professional services between the Monroe County (County), Florida and Keith
& Schnars, P. A. (CONSULTANT), dated January 16, 2014, hereafter referred to as the Agreement.
Project Background
This work order includes the professional services required for the conceptual and final design of the Entry sign
features, conceptual and final design of the site plans, assistance with the Community Aesthetic Feature (CAF)
agreement process and submission to FDOT, Structural plans with Wind Load Analysis per the CAF
requirements, and Maintenance of Traffic plans per the CAF requirements. The proposed entry signage will be
located at each end of Big Pine Key.
Scope of Services
Section 1 - Landscape Architecture Services
1.01 CONCEPTUAL PLAN
CONSULTANT shall prepare a conceptual site plan and sketch of the Community Aesthetic Feature
(CAF) for the CLIENT'S review. CONSULTANT shall submit the CLIENT approved concept to FDOT
CAF Review Board (CAFRB) for consideration. Consultant shall attend one meeting with Monroe
County and will assist in development of District approval letter (Exhibit 23-A).
The plan will provide graphic locations of proposed elements at an appropriate scale and contain
necessary information for submission to the FDOT CAF Review Board. (Geometric Control Plan,
Construction Details, Lighting and Off Site improvements plans are not part of this agreement).
Revisions to this concept by client after submittal to FDOT will be considered additional services.
CONSULTANT'S lump sum fee for this service shall be ....... — ................... ......................................... $4,250.64
- 1
ENGINEERS I PLANNERS I SURVEYORS
6500 North Andrews Avenue I Ft, Lauderdale, Florida 33309-2132
(954) 776-1616 1(800) 488-12551 Fax (954) 771-7690 1 www,KSFLA,com
Monroe County
Project Name: Big, Pine Community Aesthetic Feature
Project Location: Big Pine Monroe County
Keith& Schnars Proposal No. IS I 47.GC
October 20, 2016 - Page 2
1.02 FINAL PLAN
CONSULTANT shall prepare a Final site plan and design based on the concept plan and CAFRB
comments of the CAF for submittal to the CAFRB for consideration. Plans will be suitable for bidding
and Construction.
Plan will be show graphic locations of proposed elements at an appropriate scale and contain
necessary information for submission to the CAFRB.
The CLIENT shall provide the CONSULTANT with the following:
Local Government Entity Resolution as required by the FDOT.
Deposit required by the FDOT for Maintenance and bonding.
Additional information required by the FDOT
CONSULTANT'S lump sum fee for this service shall be . ................. ........ — ..................... -- ... ........... $4,521.28
1.03 MEETINGS
Meetings with municipal or FDOT plan reviewers, plan review committees, commission and additional
CLIENT meetings as requested by the CLIENT or required by the approval process will be invoiced on
an hourly basis in accordance with our professional fee schedule.
CONSULTANT'S fee for this service shall be billed hourly with an estimated budget of .....................$1,780.00
Section 2 — Structural Engineering Services
2.01 STRUCTURAL ENGINEERING
CONSULTANT shall review local requirement to prepare a structural design, break away support
detail, and foundation design in cad DXF format and perform a Wind Load Analysis. Revisions to this the
plans by the client after submittal to FDOT will be considered additional services.
CONSULTANT'S lump sum fee for this service shall be .............................. -- ..... ........... $3,280.00
K K E I T H
:I SCHNARS
Monroe County
Project Name: Big Pine Community Aesthetic Feature
Project Location: Big Pine Monroe County
Keith & Schnars Proposal No. 18147.GC
October 20, 2016 - Page 3
Section 3 — Highway Engineering Services
3.01 MAINTENANCE OF TRAFFIC
The CONSULTANT shall design a Traffic Control Plan to accommodate vehicular and pedestrian
traffic during phases of construction. The Traffic Control Plan shall be prepared by a certified
designer who has completed training as required by the FIDOT.
CONSULTANT'S fee for this service shall be billed hourly with an estimated budget of ..................... $5,100.00
The CONSULTANT shall not commence work on this Work Order as approved by the County to
include as part of the Agreement referenced above without a written "Notice to Proceed" from the
Project Manager.
(THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY)
- 1
K K E I T He',�,,
Monroe County
Project Name: Big Pine Community Aesthetic Feature
Project Location: Big Pine Monroe County
Keith & Schnars Proposal No. 18147.GC
October 20, 2016 - Page 4
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by it duly authorized
representative on the day and year first above written.
Board of County Commissioners
of Monroe County, Florida:
Date:
Approved as to Form and Legal Sufficiency:
l
Attest:
Deputy Clerk.
Consultant: Keith & Schnars
Date: 0- L en I
B
Signature
(Seal)
Approved by City Council
By:
Mayor /Chairman
Monroe County Attorney
Name: ��
�_m__
Title: �, t .� ( -� 4
President (or other duly authorized Officer)
(.Attach Resolution/Bylaw of authorization if not President)
20 , Item#
' SCHNARS
I
STATE OF FLORIDA DEPARTMENT orTRANSPORTATION 625�0-10
COMMUNITY AESTHETIC FEATURE ��s�
Section No. CAFA No.
This Community Aesthetic Feature Agreement ("Agreement") is entered into this _ day of_______
between the State of Florida, Department of Transportation (^FDOT^)and
("Agency"). FDOT and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the
RECITALS
A. The Agency has requested permission from FDOTto ONE: RPublic Art - Standalone,OPub|ic
Art - Add On/affixed, E]Local Identification Marker - Standalone, 01-ocal Identification Marker - Add On/affixed]
community aesthetic feature on that certain rigt-of+wa d by FDOT which io located sd
in County, Florida ("Project").
B. FOOT agrees that transportation facilities enhanced by community aesthetic features can benefit the public, result in
positive economic development, and increase tourism both locally and throughout Florida.
C. The Parties agree to the installation and maintenance of the Project, subject to the terms and conditions inthis
Agreement.
AGREEMENT
1. TERM. The term of this Agreement shall commence upon full execution of this Agreement ("Effective
Date')anduuntimumthrough_________
earlier date as provided in this Agreement. |f the Agency does not complete the installation of the Project within
(_) days of the Effective Date of this Agreement, FDOT may immediately terminate this Agreement.
This Agreement may only be renewed for a term no longer than the original term cf this Agreement upon awriting
executed by both Parties 0o this Agreement,
2. PROJECT DESCRIPTION. The Project imo [CHOOSE ONE: E]Pub|ic Art - Standalone, EIpub|io Art -
AddOn/effixed.F
described in the plans in Exhibit "A", attached and incorporated in this Agreement.
3. FUNDING OF THE PROJECT. The Agency has agreed by resolution to approve the Project and to �
fund all costs for the design, installation, and maintenance of the Project, and such resolution is attached and incorporated CL
in this Agnaamen �
as U
FDOTuha not bwnanponoibl �
e�or�nyuosaamuoiatedwdhtheProjoc All ~L
improvements funded, constructed, and installed by the Agency shall remain the Agency's property, However, this
permissive use ofFOC>T'o right-of-way where the Project is located does not vest any property right, td|a, or interest in or �V
10 the Agency for FQQT'u right-of-way.
4. DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS.
e, The Agency is responsible for the design, construction, and maintenance of the Project in accordance
with all applicable federal, state and local statutes, rules and regulations, including FDOT standards and
specifications. A professional engineer, registered in Florida, shall provide the certification that all design
and construction for the Project meets the minimum construction standards established byFDOTand
applicable Florida Building Code construction standards. The Agency shall submit all plans orrelated
construction documents, cost estimates, project schedule, and applicable third party agreements to FDOT
for review and approval prior to installation of the Project. The Agency io responsible for the preparation
of all design plans for the Project, suitable for reproduction on11 inch by17 inch sheets, together with a
complete set of specifications covering all construction requirements for the Project. Six (S) copies cfthe
design plans shall be provided to FDDT'o District Design Engineer, at
FDOT will review the plans for conformance
to FDOT'a requirements and feasibility. FDOT's review shall not beconsidered an adoption of the plans
nor o substitution for the engineer's responsibility for the plans. By review of the plans, FD/]Tsignifies
only that such plans and improvements satisfies FDOT's requirements, and FDOTexpreon|y disclaims all
other representations and warranties in connection with the plans, including, but not limited to the
625-01mo
ROADWAY DrSm
nsc `u,2
Pa zmu
Section No. CAFANz
inteQrhy, suitability, or fitness for the intended purpose or whether the improvements are constructed hn
accordance with the plans. FDOTo review of the plans does not relieve the Agency, its consultants cv
contractors of any professional or other liability for the plans. All changes required byFOOT shall ba
made by the Agency and final corrected plans shall be provided to FDOT within thirty (30) days.
b. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for
ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts
shall be fully n*no|wad directly with the applicable utility. Section 337.403. Florida Statuhes, shall
determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility work
not required to be borne bythe utility by Section 337.403, Florida Statutes.
:. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic
("MOT") throughout the course of the Project |n accordance with the latest edition cfFDOTStandard
Specifications, Section 1O2. The Agency iV responsible for the development nfa MOT plan and making
any changes ho that plan amnecessary. The MOT plan shall bein accordance with the latest version of
FQOT Design Standards, Index 8OOseries. Any MOT plan developed by the Agency that deviates from
FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require
approval byFOOT prior \nimplementation.
d. The Agency is responsible for obtaining all permits that may be required by any federal, state, or local
agency.
e. Prior bo commencing the Project, the Agency shall request o Notice bo Proceed from FDDT's Construction
Project Manager, ,at(_____) from an appointed designee.
t The Agency is authorized, subject to the conditions in this Agreement, to enter FDOT's right-of-way to
install the Project (see attached Exhibit ~B^ Special Pvovisions). The Parties agree that this Agreement
creates e permissive use only. Neither the granting of permission to use FOOT'oright-of+wmy nor the
placing of facilities upon FDOT's right-of-way shall operate to create or vest any property right in or to the
Agency. The Agency shall not acquire any right, title, interest, or estate in FDOT right-of-way, of any
nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement
including, but not limited to, the Agency's use, occupancy or possession of FDOT right-of-way.
g. FOOT shall have the right, but not the obligation, to perform independent assurance testing during the
course of construction and throughout the maintenance term of the Project. hFDOT determines that u N
condition exists which threatens the public's safety, FDOT may, at its discretion, cause the Project to
cease and/or immediately have any potential hazards removed from its right-of-way at the sole cost,
expense, and effort of the Agency. Should the Agency fail to remove the safety hazard within thirty (3D) 0
days, FDOT may remove the safety hazard at the Agency's sole cost, expense, and effort. U)
ca
h. The Agency shall be responsible bo ensure that construction of the Project is performed inaccordance
with the approved construction documents, and that it will meet all applicable federal, state, and local
standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit
ll c ll
i The Agency shall notify FDOTo minimum mf forty eight (48) hours before beginning the Project within
FDDTright'of-way. The Agency shall notify FDOT should installation be suspended for more than five (5)
working days.
j. Upon completion nfthe Project, the Agency shall notify FDUT in writing of the completion of the
installation of the Project. For all design work that originally required certification by a Professional
Engineer, the notification shall contain a Responsible Professional's Certification of Compliance, signed
and sealed by the Responsible Professional for the Project, the form of which is attached to this
Agreement as Exhibit ^E^ The certification mhm|| state that work has been completed in compliance with
the Project construction plans and specifications, |f any deviations are found from the approved plans,
625-010-1"
ROADWAY DESIG
osu ,zn2
Pa 3m,2
Section No. CAFA No.
the certification shall include a list of all deviations along with an explanation that justifies the reason bz
accept each deviation. The Agency and its contractors shall remove their presence, including, but not
limited to, all of the Agency or its contractor's/ subcontractor's/ consultant's/ subconsultant's property,
machinery, and equipment from FDOT right-of-way and shall restore those portions of FDOT right-of-way
disturbed or otherwise altered bV the Project to substantially the same condition that existed immediately
prior to the commencement of thePnoject.at/\gemcy`amo|eoomfandexpense
lk� IfFDOT determines that the Project is not completed in accordance with the provisions of this Agreement,
FOOT shall deliver written notification ho the Agency, The Agency shall have thirty (3Q) days from the
date of receipt ofFDOT'o written notice bz complete the Project and provide FQOT with written notice of
the same (''NotioeoyComp|etimn^) |f the Agency fails to timely deliver the Notice of Completion, orifitin
determined that the Project is not properly completed after receipt of the Notice of Completion, FDOT
may: 1) provide the Agency with written authorization granting additional time as FDOT deems
appropriate ho correct the doficienoy(iem)� or 2) correct the dofioienoy(iea) at the Agency's sole cost and
expense, without FDOT liability to the Agency for any resulting loss or damage to property, including but
not limited tn machinery and equipment. |yFDC)T elects to correct the dofioieny(iem).FDOT shall provide
the Agency with an invoice for the costs incurred byFDOTand the Agency shall pay the invoice within
thirty (3O) days of the date of the invoice.
i Upon completion of the Project, the Agency shall beresponsible for the perpetual mainbemancmmfdhe
Project, including all costs. The Maintenance schedule shall include Initial Defect, Instantaneous
Damage and Deterioration components. The Initial Defect Maintenance inspection should beconducted,
and any required repairs performed during the Construction Phase. The Instantaneous Damage
Maintenance inspection should be conducted sixty (60) to ninety (90) days after placement and is
intended to identity short term damage that does not develop over longer time periods. The Deterioration
Maintenance inspection shall be conducted on regular, longer term intervals and is intended to identify
defects and damages that occur by naturally occurring chemical, physical or biological actions, repeated
actions such om those causing fatigueo, mumna| or severe environmental inMuwnney, abuse ordamage
due to other causes. Deterioration Maintenance shall include, but is not limited to, the following services:
m. The Agency shall, within thirty (30) days after expiration or termination of this Agreement, remove the
Project and restore the right-of-way to its original condition prior to the Project. The Agency shall secure
its obligation to remove the Project and restore the right-of-way by providing a removal and restoration
deposit, letter of credit, or performance bond in the amount of$
n FDOT reserves its right to cause the Agency to relocate or remove the Project, in FDOT's sole discretion,
and ek the Agency's sole cost.
INDEMNITY AND INSURANCE.
a. The Agency agrees to include the following indemnification in all contracts with contractors,
subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement:
"The contractorl subcontractor/ consultant/ subconsultant shall indemnify, defend, save and hold
harmless the State of Florida, Department of Transportation and all of he officera, agents or employees
from all uuitu, eotions, claims, demands. liability of any nature whatsoever arising out of, because of, or
due to any negligent act or occurrence of omission or commission of the contractor/ subcontractor/
u000ultent/euboonau|bamt. its officers, agents oremp|oyees."
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b. The Agency shall carry or cause its contractor/ subcontractor/ consultant/ ouhoomwu|tontto carry and keep
in force during the period of this Agreement a general liability insurance policy or policies with a company
or companies authorized to do business in Florida, affording public liability insurance with combined
bodily injury limits of at least $1,000,000 per person and $5,000,000 each occurrence, and property
damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance
with this Agreement, Additionally, the Agency or its contractor/ subcontractor/ consultant/subconsultant
shall cause FDOT to be an additional insured party on the policy or policies, and shall provide FDOT with
certificates documenting that the required insurance coverage is in place and effective. |n addition toany
other forms of insurance or bonds required under the terms of the Agreement, when it includes
construction within the limits of a railroad right-of-way, the Agency must provide or cause its contractor to
obtain the appropriate rail permits and provide insurance coverage in accordance with Section 7-13 of
FDOT's Standard Specifications for Road and Bridge Construction (2010), as amended,
u. The Agency shall also carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and
keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's
Compensation Law.
6. NOTICES. All notices pertaining to this Agreement are |n effect upon receipt by either Party, shall bein
writing, and shall be transmitted either by personal hand do|ivmrT United States Post Office, return receipt nequmsted�or,
overnight express mail delivery. E-mail and facsimile may be used if the notice is also transmitted by one of the preceding
forms ofdelivery. The addresses set forth below for the respective parties shall be the places where notices shall be sent,
unless prior written notice of change of address iogiven.
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
Phone:
COUNTY [OR CITY], FLORIDA
?. TERMINATION OF AGREEMENT. FDOmay terminate this Agreement upon no less than thirty (30)
days notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. The Agency
waives any equitable claims ordefenses in connection with termination uf the Agreement by FDDT pursuant tothis
Paragraph 7.
8. LEGAL REQUIREMENTS.
u. This Agreement is executed and entered into in the State mfFlorida and will be construed, perfonned, and
enforced in all respects in strict conformity with local, state, and federal |own, rulem, and regulations. Any
625-01mo
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Section No. CAFA No.
and all litigation arising under this Agreement shall be brought in a state court of appropriate jurisdiction in
Leon County, Florida, applying Florida law.
b. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the
Agreement will remain in full force and effect and such term or provision will be deemed stricken.
c. The Agency shall allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this
Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral
cancellation of this Agreement byFD<JT.
d The Agency and FDOT agree that the Agency, its employees, contractors, subcontractors, consultants,
and subconou|tanto are not agents ofFDOTeaa result of this Agreement.
e. The Agency shall not cause any liens or encumbrances to attach to any portion of FDOT right-of-way
W. PUBLIC ENTITY CRIME. The Agency affirms that his aware of the provisions of Section
�
2G7.133(2)(a). Florida Statutes. A person uraffiliate who has been placed on the convicted vendor list hd1uwin go
U)
06
conviction for o public entity crime may not submit a bid onucontract tn provide any goods or services toa 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
Z
not submit bids on leases of real property toa public entity, may not be awarded or perform work aua contractor, supplier,
�
subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity
in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of
thirty six (36) months from the date of being placed on the convicted vendor list. The Agency agrees that it shall not
�
violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term
0
of this Agreement may result in the termination of this Agreement.
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10. UNAUTHORIZED ALIENS. FDDT will consider the employment of unauthorized aliens, byany
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contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for
termination of this Agreement.
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11. The Agency will not discriminate against any employee employed inthe
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performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief,
disability, national origin, orsex. The Agency shall provide a harassment-free workplace, with any allegation of
CNI
harassment given priority attention and action bymanagement. The Agency shall insert similar provisions in all contracts
and subcontracts for services by this Agreement.
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12. DISCRIMINATORY VENDOR LIST. The Agency affirms that itio aware uf the provisions ufSection
287-134(2)(a), Florida Statutes. An entity or affiliate who has been placed om the discriminatory vendor list may not
f
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid ona contract with a
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public entity for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
J�
under a contract with any public entity, and may not transact business with any public entity. The Agency hurt hera�rean
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that it shall not violate Section 287. 1 34(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list @
during the term of this Agreement may result in the termination of this Agreement. um
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13. ATTORNEY FEES. Each Party shall bear its own attorney's fees and costs.
14. TRAVEL. There shall beno reimbursement for travel expenses under this Agreement.
15. PRESERVATION OF REMEDIES. No delay or omission to exercise any right, puwer, or remedy
accruing to either Party upon breach or default by either Party under this Agreement, will impair any such right, power or
n25-0m-1u
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Section No. CAFA No.
remedy of either party� nor will such delay or omission be construed an a waiver ufany breach or default orany ehnUa/
breach or default.
18. MODIFICATION. This Agreement may not be modified unless done aoina writing nxeout*dby
both Parties to this Agreement.
17. The Agency may not assign, sublicense, or otherwise transfer its rights, dudem,
or obligations under this Agreement without the prior written consent of FDOT. Any assignment, sublicense, or transfer
occurring without the required prior written approval of FDOT will be null and void. FO0T will et all times be entitled to
assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of
Florida, upon giving prior written notice to the Agency. In the event that FDDT approves transfer nf the Agency's
obligations, the Agency remains responsible for all work performed and all expenses incurred in connection with this
Agreement.
18. BINDING AGREEMENT. This Agreement ha binding upon and inures ba the benefit of the Parties and
their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits,
obligations, or remedies upon any other person or entity except as expressly provided for in this Agreement.
19. INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any
party because that party or that party's legal representative drafted the provision.
20. ENTIRE AGREEMENT. This Agreement, together with the attached exhibits and documents made a
part by reference, embodies the entire agreement of the Parties. There are no provisions, terms, conditions, ov
obligations other than those contained in this Agreement, This Agreement supersedes all previous communication,
rmpnasentation, or agreement, either verbal o/written, between the Parties. No amendment will be effective unless
reduced to writing and signed by an authorized officer of the Agency and the authorized officer of FDOT or his/her
21. DUPLICATE ORIGINALS. This Agreement may bo executed in duplicate originals.
The remainder m' this page is intentionally left blank.
AGENCY
By:
Print Name:
Title:
As approved by the Council, Board, or
Commission on:
Attest:
Legal Review:
City or County Attorney
FDOT
State of Florida, Department of Transportation
By:
Print Name:
Title:
Date:
Legal Review:
Section No. CAFA No.
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Section No. CAFA No.
Nwall-gy
PROJECT DESCRIPTION
SCOPE OF SERVICES
[Provide a description of the improvements proposed within FDOT right-of-way]
PROJECT PLANS
The Agency is authorized to install the Project in accordance with the attached plans prepared by
P.E. /R.L.A. /Architect and dated . Any revisions to these plans must be approved by FIDOT in writing.
-1
Section No. CAFA No.
SPECIAL PROVISIONS
62E-010 -10
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Section No. CAFA N®.
EXHIBIT "C"
TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT
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EXHIBIT "D"
AGENCY RESOLUTION
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Section No. CAFA No.
EXHIBIT "E"
NOTICE OF COMPLETION AND RESPONSIBLE PROFESSIONAL'S
CERTIFICATE (]FCOMPLIANCE
NOTICE OF COMPLETION
COMMUNITY AESTHETIC FEATURE AGREEMENT
Between
THE STATE OF FLORIDA, DEPARTMENT OFTRANSPORTATION
and
PROJECT DESCRIPTION:
|n accordance with the Terms and Conditions of the Community Aesthetic FeatureAgneenvao,theundersignedpnovideo
notification that the work authorized by this Agreement is complete as of 20
By —
Name
RESPONSIBLE PROFESSIONAL'S CERTIFICATION OF COMPLIANCE
In accordance with the Terms and Conditions of the Community Aesthetic FeatuneAgneemen.theundersigned certifies
that all work which originally required certification by a Professional Engineer has been completed in compliance with the
Project construction plans and specifications. |f any deviations have been made from the approved plans, e list ofall CL
CL
deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this <
Certification. Also, with submittal of this certification, the Agency shall furnish FDOT a set of "as-built" plans certified by
the Engineer ofRecord.
By:
SEAL
Date:
AMENDMENT 1 TO THE
AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES
THIS AMENDMENT 1 to the Agreement dated January 16, 2014, between Monroe County, whose address
is 1100 Simonton Street, Room 2 -216 Key West, Florida 33040, hereafter the "COUNTY" and Keith & Schnars, P.A.,
a Corporation of the State of Florida, whose address is 6500 North Andrews Avenue, Fort Lauderdale, Florida
33309, hereafter the "CONSULTANT" is entered into can this 1 daoy of ! 2015.
WHEREAS, on the 16 day of January 2014, the parties entered into an Agreement for On Call
Professional Engineering Services authorizing the Consultant to provide professional services for miscellaneous
projects in which construction costs do not exceed $2,000,000.00 in the form of Task Orders issued for specific
services; and
WHEREAS, personnel referenced in Section 2.3 and Section 6.1 of the Agreement has changed and the
County finds the change in personnel acceptable:
NOW THEREFORE, in consideration of the mutual promises contained herein, the County and Consultant
agree to amend the Agreement as follows:
1. Section 2.3 Notice Requirement — Replace Michael Davis with Coriann Salas, Contract Manager
2. Section 6.1 Personnel - Replace Michael Davis with Coriann Salas, Contract Manager
In all other respects the Agreement dated January 16, 2014 remains in full force and effect.
In WITNESS WHEREOF each party hereto has caused this contract to be executed by its duly authorized
representative.
(SEAL)
Attest:
By. . ._.
Titles -
KEITH & SCHNARS, P.A.
By: ( D— ,
Title. __'e + �
AGREEMENT FOR
ON CALL PROFESSIONAL ENGINEERING SERVICES
This Agreement ( "Agreement ") made and entered into this & day of
0 Iq by and between Monroe County, a political subdivision of the State of Florida, whJse
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
Keith & Schnars, P.A., a Corporation of the State of Florida, whose address is
6500 North Andrews Avenue, Fort Lauderdale, Florida 33309 its successors and assigns,
hereinafter referred to as "CONSULTANT ",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT
for various County Projects located in Monroe County, Florida and
WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects
in which construction costs do not exceed $2,000,000.00
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 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 Task Order, except to the extent
expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of
this Agreement to be modified will be specifically referenced in the Task Order and the modification
shall be precisely described.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express representations and
warranties to the COUNTY:
1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties
hereunder have been fully satisfied;
1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under
which the Work is to be completed.
1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but
not limited to, all contract plans and specifications, in such a manner that they 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 Contract will be adequate and
sufficient to accomplish the purposes of the Project, therefore, eliminating any additional
construction cost due to missing or incorrect design elements in the contract documents;
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to
his performance and those directly under his employ.
1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules
and regulations pertaining to, or regulating the provisions of such services, including those
now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board
to terminate this contract immediately upon delivery of written notice of termination to the
CONSULTANT.
1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the
CONSULTANT or any of his /her employees, contractors, servants, or agents to be
employees of the Board of County Commissioners for Monroe County.
1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
in its recruiting, hiring, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 SCOPE OF WORK
The CONSULTANT will perform for the COUNTY services as described in individual Task Orders
in accordance with the requirements outlined in the Agreement and the specific Task Order.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions,
deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement shall
be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail,
return receipt requested, to the following:
Ms. Judith Clarke, P.E.
Director of Engineering Services
Monroe County
1100 Simonton Street, Room 2 -216
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2 -205
Key West, Florida 33040
For the Consultant:
Michael L. Davis
Vice President
6500 North Andrews Avenue
Fort Lauderdale, Florida 33309
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services are services not included in the Scope of Basic Services. Should the
COUNTY require additional services they shall be paid for by the COUNTY at rates or fees
negotiated at the time when services are required, but only if approved by the COUNTY
before commencement.
3.2 If Additional Services are required the COUNTY shall issue a letter requesting and
describing the requested services to the CONSULTANT. The CONSULTANT shall
respond with a fee proposal to perform the requested services. Only after receiving an
amendment to the Agreement and a notice to proceed from the COUNTY, shall the
CONSULTANT proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project including
physical location of work, county maintained roads, maps.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
to the Project. The COUNTY or its representative shall render decisions in a timely manner
pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable
delay in the orderly and sequential progress of the CONSULTANT'S services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have been
duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such documents are
generally consistent with the COUNTY's criteria, as, and if, modified. No review of such
documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy,
fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the work.
4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless
COUNTY /Monroe County and Monroe County Board of County Commissioners, its officers
and employees from liabilities, damages, losses and costs, including but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons
employed or utilized by the CONSULTANT in the performance of the contract.
5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced,
or lessened by the insurance requirements contained elsewhere within this agreement.
Should any claims be asserted against the COUNTY by virtue of any deficiency or
ambiguity in the plans and specifications provided by the CONSULTANT, the
CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall
indemnify him from all losses occurring thereby and shall further defend any claim or
action on the COUNTY'S behalf.
5.3 In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONSULTANT'S failure to purchase or maintain the required
insurance, the CONSULTANT shall indemnify COUNTY from any and all increased
expenses resulting from such delays. Should any claims be asserted against COUNTY by
virtue of any deficiencies or ambiguity in the plans and specifications provide by the
CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the
COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further
defend any claims or action on the COUNTY'S behalf.
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.5 This indemnification shall survive the expiration or early termination of the Agreement.
ARTICLE 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
Michael L. Davis
Tim Hall, P.E.
Bryan Wilson, P.E.
John Abbott, P.G.
Coriann Salas, P.E.
John Krane, P.E.
FUNCTION
Principal -in- Charge, Contr Manager
Engineering Project Manage
Roadway Design /LAP Project Manager
Environmental Project Mana
Structures Project Manager
Transportation Planning, PM
a
Robert Krisak, PLS Survey Project Manager
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced
the CONSULTANT shall notify the COUNTY of the change immediately.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S
performance of this Agreement based on rates negotiated and agreed upon and shown in
Attachment A.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth
herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the
Local Government Prompt Payment Act 218.70, Florida Statutes.
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward
or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice
shall describe with reasonable particularity the service rendered. The
CONSULTANT'S invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought at the COUNTY may require.
7.3 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of
the project:
a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses
in connection with travel authorized by the COUNTY, in writing, but only to the extent
and in the amounts authorized by Section 112.061, Florida Statutes;
b. Cost of reproducing maps or drawings or other materials used in performing the scope
of services;
c. Postage and handling of reports;
7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal
year (October 1 - September 30) by COUNTY's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the COUNTY's Board of
County Commissioners.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration.
ARTICLE VIII
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of the
project (to include the work of others) is delayed or suspended as a result of the
CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting
from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI
or better, that is licensed to business in the State of Florida and that has an agent for
service of process within the State of Florida. The coverage shall contain an endorsement
providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage.
Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a
form acceptable to the COUNTY.
8.3 CONSULTANT shall obtain and maintain the following policies,
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000
Disease, policy limits, $1,000,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims for
injuries to members of the public and /or damages to property of others arising from use
of motor vehicles, including onsite and offsite operations, and owned, hired or non -
owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One
Million Dollars ($1,000,000.00) annual aggregate.
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 One Million Dollars ($1,000,000) per
occurrence and annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence
and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims
made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover
claims made after completion of the project to cover the statutory time limits in Chapter
95 of the Florida Statutes.
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.
1. 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.
The CONSULTANT shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners
for Monroe County and the CONSULTANT, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this agreement. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
rights in favor of, any third party.
9.5 TERMINATION
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Proposals, any addenda, the Form of Agreement
(Articles I -IX), the CONSULTANT'S response to the RFQ, the documents referred to in
the Form of Agreement as a part of this Agreement, and attachments A, B and C, and
modifications made after execution by written amendment. In the event of any conflict
between any of the Contract documents, the one imposing the greater burden on
the CONSULTANT will control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on contracts to provide any goods or services to
a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017 of the
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid
hereto, and may result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subconsultant has committed an act defined
by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved or whether CONUSULTANT has been placed on the convicted
vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five years from the
termination of this agreement. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the CONSULTANT, the CONSULTANT shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid by the COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that
venue shall lie in the 16 Judicial Circuit, Monroe County, Florida, in the appropriate court
or before the appropriate administrative body. This agreement shall not be subject to
arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall
be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the
Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
9.11 ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement
or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out -of- pocket expenses, as an award against
the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and
out -of- pocket expenses in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement; provided
that all applications, requests, grant proposals, and funding solicitations shall be approved
by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted
to be resolved by meet and confer sessions between representatives of each of the parties.
If no resolution can be agreed upon within 30 days after the first meet and confer session,
the issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law. This provision does not negate or waive the provisions of
paragraph 9.5 concerning termination or cancellation.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, COUNTY and
CONSULTANT agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. COUNTY and
CONSULTANT specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
9.17 NONDISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any
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; unauthorized compensation; misuse
of public position, conflicting employment or contractual relationship; and disclosure or use
of certain information.
9.20 NO SOLICITATION /PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely for it,
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the
provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
9.21 PUBLIC ACCESS.
The CONSULTANT and COUNTY shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY
shall have the right to unilaterally cancel this Agreement upon violation of this provision by
CONSULTANT.
9.22 NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial
liability insurance coverage, self- insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any contract entered into by the COUNTY be required to contain any provision for
waiver.
9.23 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of
the COUNTY, when performing their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida constitution,
state statute, and case law.
9.25 NON - RELIANCE BY NON - PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit
of any service or program contemplated hereunder, and the CONSULTANT and the
COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the
execution of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete, and
current at the time of contracting. The original contract price and any additions thereto shall
be adjusted to exclude any significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end of
the Agreement.
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of
the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with COUNTY funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement. The COUNTY and its
CONSULTANT agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with applicable federal and state
laws and regulations to ensure that the DBE's have the opportunity to compete for
and perform contracts. The COUNTY and the CONSULTANT and subcontractors
shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of contracts, entered pursuant to this Agreement.
9.30 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS
The following forms and provisions are incorporated in and made a part of this contract.
a). Appendix I of the FDOT Standard Professional Services Agreement is included as Attachment
B.
b). The CONSULTANT and any sub - consultants shall not discriminate on the basis of race, color,
national origin or sex in the performance of this contract. The CONSULTANT shall carry out
applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT - assisted
contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of
this contract, which may result in the termination of this contract or such other remedy as the
COUNTY deems appropriate.
c). CONSULTANT will comply, and ensure its sub - consultants will comply, with the Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered
Transactions in 49 C.F.R. Part 29, when applicable.
d). Equal Employment Opportunity: In connection with the carrying out of any project, the
CONSULTANT shall not discriminate against any employee or applicant for employment
because of race, age, religion, color, sex national origin, disability or marital status. The
CONSULTANT will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion color,
gender, national origin, disability or marital status. Such action shall include, but not be limited to,
the following: employment upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
e). The CONSULTANT and all sub - consultants agree to utilize the U.S Department of Homeland
Security's E- verify System to verify the employment eligibility of all new employees hired by the
CONSULTANT or sub - consultants during the term of the contract.
f). The CONSULTANT will complete and submit the FDOT Anticipated DBE Participation
Statement Form No. 275 - 030 -11A to identify DBE participation as outlined in Paragraph 9.29,
Disadvantaged Business Enterprise (DBE) Policy and Obligations, of the Contract for
Professional Services. FDOT has a race neutral program with an 8.6% goal.
g). Executed copies of the FDOT Certification for Disclosure of Lobbying Activities on
Federal Aid Contracts and the Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion for Federal Aid Contracts are included as Attachment C.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
F or/Ch r
-i 6 r � -c' rRal I n
CONSULTANT
Ad r .
B
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Title: P
END OF AGREEMENT
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
-
O €�RlI "Its:
ASSISTANT COUNTY ATTORNEY
Date ,—
Date:
ATTACHMENT A
CONSULTANT RATES
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Beacon Design, Inc. Environmental Scientist $ 77,00
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Beacon Design, Inc. Senior Architect $ 126.00
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DeRose Design Consultants, Inc, Senior Design Engineer $ 125.00
DeRose Design Consultants, Inc, Field Engineer $ 145,00
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ATTACHMENT B
APPENDIX I OF THE FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT
The following terms apply to all contracts in which it is indicated in Section 63 of the Standard Professional Services
Agreement that the services involve the expenditure of federal funds:
A, It is understood and agreed that all rights of the Department relating to inspection, review, approval, patents,
copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this
Agreement shall also be reserved and held by authorized representatives of the United States of America.
B It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be
entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S.
Department of Transportation, anything to the contrary in this Agreement not withstanding.
C. Compliance with Regulations: The Consultant shall comply with the Regulations of the U.S. Department of Transportation
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this Agreement,
D, Nondiscrimination; The Consultant, with regard to the work performed during the contract, shall not discriminate on the
basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of
subcontractors, including procurements of material and leases of equipment. The Consultant will not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
E, Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the
Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including
procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis
of race, color, national origin, sex, age, disability, religion or family status.
Information and Reports: The Consultant will provide all information and reports required by the Regulations, or directives
issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the Florida Department of Transportation, Federal Highway Administration, Federal
Transit Administration, Federal Aviation Administration, and /or Federal Motor Carrier Safety Administration to be pertinent to
ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in
the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the
Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation
Administration, and /or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has
made to obtain the information.
G. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this
contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and /or Federal Motor Carrior Safety
Administration may determine to be appropriate, including, but not limited to,
1, withholding of payments to the Consultant under the contract until the Consultant complies and/or
2. cancellation, termination or suspension of the contract, in whole or in part,
Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through H in every subcontract,
including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions
issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the
Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation
Administration, and /or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such
provisions, Including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the Florida Department
of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in
addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United
States.
Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any
share or part of this contract or to any benefit arising therefrom.
J Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure
or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof, For purposes
of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations,
boards, and commissions established under the laws of any Slate,
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K. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from
49 CFR 26.13(b). This statements shall be included in all subsequent agreements between the Consultant and any
subconsultanl or contractor.
The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of DOT- assisted contracts. Failure by the Consultant to carry out these
requirements is a material breach of this contract, which may result in termination of this contract or other such
remedy as the recipient deems appropriate.
L It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts
related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code,
Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.
M It is understood and agreed that if the Consultant at any time learns that the certification it provided the Department in
compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed
circumstances, the Consultant shall provide immediate written notice to the Department. It is further agreed that the clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered
transactions and in all aforementioned federal regulation.
The Department hereby certifies the( neither the consultant nor the consultant's representative has been requlrod by the
Department, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this
contract, to
1 employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind;
The Department further acknowledges that this agreement will be furnished to a federal agency, in connection with this
contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and
civil.
0, The Consultant hereby certifies that it has not:
employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or
person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract;
2, agreed, as an express or Implied condition for obtaining this contract, to employ or retain the services or any firm or
person In connection with carrying out this contract; or
3 paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the
above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or
carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the State of Florida Department of
Transportation and a federal agency in connection with this contract involving participation of Federal -Aid funds, and is
subject to applicable State and Federal Laws, both criminal and civil.
ATTACHMENT C
Certification for Disclosure of Lobbying Activities on Federal Aid Contracts
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for
Federal Aid Contracts
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375- 030 -33
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT
ioio1
ON FEDERAL -AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
The prospective participant certifies, by signing this certification, that to the best of his or her knowledge
and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure of Lobbying Activities ", in accordance with its instructions.
(Standard Form -LLL can be obtained from the Florida Department of Transportation's Professional
Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
Name of Consultant: Keith and Schnars , P.A.
B Michael L. Davis Date:
Authorized Signature:
Title: Vice President
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375 - 030 -32
ENT
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCURE 1001
INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL
AID CONTRACTS
(Compliance with 49CFR, Section 29.510)
(Appendix B Certification]
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal
department or agency.
Name of Cons Itant•
By Date:
Authorized Signature
Title: Vice President
Instructions for Certificatio
1 . By signing and submitting this certification with the proposal, the prospective lower tier participant is providing the certification
set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department may pursue available remedies, including
suspension and /or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted. If
at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4. The terms 'covered transaction', 'debarred', 'suspended', 'ineligible', 'lower tier covered transaction','participant', 'person', primary
covered transaction', 'principal', 'proposal', and 'voluntarily excluded', as used in this clause, have the meanings set out in the
Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this
proposal is being submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agency with
which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Appendix B:
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction ", without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which
is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the Department may pursue
available remedies, including suspension and /or debarment.