Item C11
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ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem David Rice, District 4
TheFloridaKeys
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
February 15, 2017
Agenda Item Number: C.11
Agenda Item Summary #2623
BULK ITEM: DEPARTMENT:
Yes Engineering / Roads
TIME APPROXIMATE:STAFF CONTACT:
Debra London (305) 453-8754
N/A
AGENDA ITEM WORDING:
Approval of Amendment 1 to task order with RS&H, Inc for
construction engineering and inspection services (CEI) for Lake Surprise Estates (Key Largo)
Roadway and Drainage Improvements project. This amendment is due to additional CEI hours for
the project as a result of contractor change order 2; and adds a maximum not to exceed amount of
$13,190.76 for a revised total contract amount of $277,513.40.
ITEM BACKGROUND:
The County requires additional construction engineering and inspection
services (CEI) due to the construction change order that revised the scope of the project to provide
for sea level rise adjustments during the construction phase.
PREVIOUS RELEVANT BOCC ACTION:
May 2014 The BOCC approved the task order with EAC Consulting, Inc. for engineering design
and permitting services for Lake Surprise Estates Roadway and Drainage Improvements project in
the amount of $250,429.57.
July 2015 The BOCC approved the construction contract with Douglas N. Higgins, Inc. for the
Lake Surprise Estates Roadway and Drainage Improvements project in the amount of $2,664,839.50.
July 2015 The BOCC approved the construction engineering and inspection services (CEI)
contract with RS&H, Inc. in the amount of $264,322.64.
January 2016- The BOCC approved Amendment 1 to the task order with EAC Consulting, Inc. for
engineering design and permitting services for Lake Surprise Estates Roadway and Drainage
Improvements project for field work and analysis to adapt the project for sea level rise projections
and 2015 tidal data in the amount of $27,240.
February 2016 The BOCC approved Amendment 2 to the task order with EAC Consulting, Inc. for
engineering design and permitting services for Lake Surprise Estates Roadway and Drainage
Improvements project for modified design and revised construction drawings to adapt the project for
sea level rise projections and 2015 tidal data in the amount of $42,510.
July 2016 The BOCC approved Change Order 2 to the construction contract with Douglas N.
Higgins, Inc. for the Lake Surprise Estates Roadway and Drainage Improvements project to
incorporate sea level rise adaptation and adjust some quantities to actual versus as bid amounts for a
contract increase of $397,468.43; and added 98 days to the contract time.
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CONTRACT/AGREEMENT CHANGES:
Add task hours due to contractor change order 2
STAFF RECOMMENDATION:
Approve Amendment 1 to task order.
DOCUMENTATION:
Amendment 1 Lake Surprise
Task Order - RS&H - EXEC - 7-15-15
On-Call Contract - RS&H EXEC - 5-20-15
FINANCIAL IMPACT:
Effective Date: February 15, 2017
Expiration Date: 30 days after construction final
Total Dollar Value of Contract: $277,513.40
Total Cost to County: $277,513.40
Current Year Portion: $277,513.40
Budgeted:
yes
Source of Funds: 304 Infrastructure Sales Tax
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant:
No
County Match
: N/A
Insurance Required:
yes
Additional Details: County Roadway Improvement Program
02/15/17 304-27000 · TRANSPORTATION PROJECTS $13,190.76
County Road Program
REVIEWED BY:
Judith Clarke Completed 01/31/2017 10:42 AM
Christine Limbert Completed 01/31/2017 12:46 PM
Budget and Finance Completed 01/31/2017 1:55 PM
Maria Slavik Completed 01/31/2017 1:56 PM
Kathy Peters Completed 01/31/2017 2:48 PM
Board of County Commissioners Pending 02/15/2017 9:00 AM
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In accordance with the Continuing Contract for Construction Engineering and Inspection
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(CEI) Services made and entered on the between
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for the Monroe
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County Roadway and Drainage Improvement Program
.
All terms and conditions of the referenced Continuing Contract for Construction
Engineering and Inspection (CEI) Services apply to the Task Order, unless the Task
Order modifies an Article of the Agreement of which will be specifically referenced in this
Task Order and the modification shall be precisely described.
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This Amendment 1 To Task Order is effective on the
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The scope of services will include additional time requiredas a result of change order 2
adding 98 days to the construction contract and therefore extending construction
engineering and inspection (CEI) services for Lake Surprise Estates (Key Largo)
Roadway and Drainage Improvements Project.
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The Consultant shall be paid monthly based on hourly rates per the continuing services
contract and estimated staff hours as follows:
Personnel Additional Hourly RateTotal
Estimated
Hours
Senior RoadwayCEI Inspector132$99.93$13,190.76
Total Contract Not To Exceed Amount$277,513.40
Amendment 1 total not to exceed amount of thirteen thousand one hundred ninety
dollars and seventy six cents ($13,190.76) will apply.
Amendment 1 to CEI Services Lake Surprise Estates
RS&H, Inc.
February 15, 2017
Page 1 of 2
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FORM OF AGREEMENT
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By executing this Agreement, CONSULTANT makes the following express representations and
warranties to the COUNTY:
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;
The CONSULTANT has become familiar with the Project sites and the local conditions
under which the Work is to be completed.
The CONSULTANT shall prepare all documentation required by this Agreement in such
a manner that they shall be accurate, coordinated and adequate for use in verifying work
completed and shall be in conformity and comply with all applicable law, codes and
regulations. The CONSULTANT warrants that the documents prepared as a part of this
Agreement will be adequate and sufficient to document costs in a manner that is
acceptable for reimbursement by government agencies, therefore eliminating any
additional cost due to missing or incorrect information;
The CONSULTANT assumes full responsibility to the extent allowed by law with regards
to his performance and those directly under his employ.
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.
At all times and for all purposes under this agreement the CONSULTANT isan
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.
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.
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CONSULTANT’S Scope of Basic Services consist of those described in Attachment A, and as
described in individual Task Orders in accordance with the requirements outlined in the
Agreement and the specific task order.
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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.
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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:
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CCCCCCCCCCCCCCCCCCCC
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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.
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If Additional Services are required the COUNTY shall issue a letter requesting and
describing the requested services to the CONSULTANT. The CONSULTANT shall
respond with a fee proposal to perform the requested services. Only after receiving an
amendment to the Agreement and a notice to proceed from the COUNTY, shall the
CONSULTANT proceed with the Additional Services.
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The COUNTY shall provide full information regarding requirements for the Project
including physical location of work, county maintained roads, maps.
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.
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 withthe Agreement Documents. Written notice shall be deemed to have
been duly served if sent pursuant to paragraph 2.3.
The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessaryfor the orderly progress of the
CONSULTANT’S services and work of the contractors.
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.
The COUNTY shall provide copies of necessary documents required to complete the
work.
Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
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The CONSULTANTcovenants 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.
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The first ten dollars ($10.00) of remuneration paid to the CONSULTANTis 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 CONSULTANTagrees 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.
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 CONSULTANTthe 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.
The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
This indemnification shall survive the expiration or early termination of the Agreement.
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The CONSULTANT shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following
named individuals will perform those functions as indicated:
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_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
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.
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The COUNTY shall pay the CONSULTANT monthly in current funds for the
CONSULTANT’S performance of this Agreement based on the hourly rates outlined in
Attachment B.
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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 dueunder 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.
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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;
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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.
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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.
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The CONSULTANT shall obtain insurance as specified and maintain the required
insuranceat 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.
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
serviceof process within the State of Florida. The coverage shall contain an endorsement
providing sixty (60) daysnotice 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.
CONSULTANT shall obtain and maintain the following policies:
A.Workers’ Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
B.Employers Liability Insurance with limits of $100,000 per Accident, $500,000
Disease, policy limits, $100,000 Disease each employee.
C.Comprehensive business automobile and vehicle liability insurance covering claims
for injuries to members of the public and/or damages to property of others arising
from use of motor vehicles, including onsite and offsite operations, and owned, hired
or non-owned vehicles, with $50,000 per person, $100,000 per Occurrence, $25,000
Property Damage or $100,000 combined single limit.
D.Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONSULTANT or any of its employees, agents or
subcontractors or subconsultants, including Premises and/or Operations, Products
and Completed Operations, Independent Contractors; Broad Form Property Damage
and a Blanket Contractual Liability Endorsement with $500,000 per Person,
$1,000,000 per Occurrence, $100,000 Property Damage or $1,000,000 Combined
Single Limit.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
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E.Professional liability insurance of $1,000,000 per occurrence and $2,000,000 annual
aggregate. If the policy is a “claims made” policy, CONSULTANT shall maintain
coverage or purchase a “tail” to cover claims made after completion of the project to
cover the statutory time limits in Chapter 95 of the Florida Statutes.
F.COUNTY shall be named as an additional insured with respect to CONSULTANT’S
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
G.CONSULTANT shall require its subconsultants to be adequately insured at least to
the limits prescribed above, and to anyincreased limits of CONSULTANT if so
required by COUNTY during the term of this Agreement. COUNTY will not pay for
increased limits of insurance for subconsultants.
H.CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured.
The COUNTY reserves the right to require a certified copy of such policies upon
request.
I.If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance
will be required. In addition, the CONSULTANT may be required to submit updated
financial statements from the fund upon request from the COUNTY
.
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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.
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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.
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The CONSULTANT shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County and the CONSULTANT, which approval shall be
subject to such conditions and provisions as the Board may deem necessary. This
paragraph shall be incorporated by reference into any assignment or subcontract and
any assignee or subcontractor shall comply with all of the provisions of this agreement.
Subject to the provisions of the immediately preceding sentence, each party hereto
binds itself, its successors, assigns and legal representatives to the other and to the
successors, assigns and legal representatives of such other party.
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Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
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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.
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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 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.
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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, CONSULTANTrepresents 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.
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WYFGSRWYPXERXMWJSVQEPP]GLEVKIH[MXLEREGXHIJMRIHEWEwTYFPMGIRXMX]GVMQIxSV
LEWFIIRTPEGIHSRXLIGSRZMGXIHZIRHSVPMWX
.
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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.
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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
th
that venue shall lie in the 16Judicial 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.
7):)6%&-0-8=
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.
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The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney’s fees, court costs, investigative, and out-of-pocket expenses, as an
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award against the non-prevailing party, and shall include attorney’s fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings.
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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.
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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.
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CONSULTANT and COUNTY agree that each shallbe, 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.
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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.
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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.
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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
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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.
'3:)2%283*23-28)6)78
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.
'3()3*)8,-'7
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 inSection 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.
23730-'-8%8-324%=1)28
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 orresulting 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.
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49&0-'%'')77
.
The CONSULTANT and COUNTY shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or othermaterials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the CONSULTANT and COUNTY in connection with this Agreement; and
the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONSULTANT.
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public
records laws of the State of Florida, including but not limited to:
(a)Keep and maintain public records that ordinarily and necessarily would be required
by Monroe County in order to perform the service.
(b)Provide the public with access to public records on the terms and conditions that
Monroe County would provide the records and at a cost that does not exceed the cost
provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
(c)Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d)Meet all requirements for retaining public records and transfer, at no cost, to
Monroe County all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to Monroe County in a format that is compatible with the information
technology systems of Monroe County.
232;%-:)63*-1192-8=
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
liabilityinsurance 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.
46-:-0)+)7%2(-1192-8-)7
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.
4EGOIX4K
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0)+%03&0-+%8-327%2(6)74327-&-0-8-)7
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.
2326)0-%2')&=2324%68-)7
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.
%88)78%8-327%2(8698,-22)+38-%8-32
CONSULTANT agrees to execute such documents as COUNTY may reasonably
require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free WorkplaceStatement. 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.
234)6732%00-%&-0-8=
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.
)<)'98-32-2'3928)64%687
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.
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ATTACHMENT A
SCOPE OF SERVICES
4EGOIX4K
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7'34)3*;36/
The construction work will consist ofroadway reconstruction including but not limited to
establishing crowns, milling, paving, the installation of french drains and base and
subgrade reconstruction when necessary.
8LI'SRWYPXERXWLEPPTVSZMHI'SRWXVYGXMSR)RKMRIIVMRKERH-RWTIGXMSR
')-
7IVZMGIWJSVXLIZEVMSYW1SRVSI'SYRX]6SEH[E]ERH(VEMREKI-QTVSZIQIRXW
4VSNIGXW
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.
The Consultant shall exercise their independent professional judgment in performing
their obligations and responsibilities under this Contract. Pursuant to Section 4.1.4 of the
FDOT’s Construction Project Administration Manual (CPAM), the authority of the
Consultant’s lead person, such as the Senior Project Engineer, and the Consultant’s
Project Administrator shall be identical to the Department’s Resident Engineer and
Project Administrator respectively and shall be interpreted as such.
Services provided by the Consultant shall comply with FDOT manuals, procedures, and
memorandums in effect as of the date of execution of the Task Order unless otherwise
directed in writing by the County.
On a single Construction Contract, it is a conflict of interest for a professional firm to
receive compensation from both the County and the Contractor either directly or
indirectly.
0)2+8,3*7)6:-')
The length of program shall be 5 years. The County shall have the option to renew the
Agreement for one additional one year period. The length of service for specific projects
authorized by task order shall be outlined in task order.
The Consultant Senior Project Engineer will track the execution of the Construction
Contracts such that the Consultant is given timely authorization to begin work. While no
personnel shall be assigned until written notification by the County has been issued, the
Consultant shall be ready to assign personnel within two weeks of notification. For the
duration of the project, the Consultant shall coordinate closely with the County and
Contractor to minimize rescheduling of Consultant activities due to construction delays
or changes in scheduling of Contractor activities.
For estimating purposes, the Consultant will be allowed an accumulation of thirty
working days to perform preliminary administrative services prior to the issuance of the
Contractor's notice to proceed and thirty calendar days to demobilize after final
acceptance of the Construction Contract.
()*-2-8-327
A.Resident Engineer: The Engineer assigned to a particular Project or area to
4EGOIX4K
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administer Construction Contracts for the County.
B.Construction Project Manager: The County employee assigned to manage the
Construction Engineering and Inspection Contract andrepresent the County
during the performance of the services covered under this Agreement.
C.Engineer of Record: The Engineer noted on the Construction plans as the
responsible person for the design and preparation of the plans.
D.Consultant: The Consulting firm under contract to the County for administration of
Construction Engineering and Inspection services.
E.Agreement: The Professional Services Agreement between the County and the
Consultant setting forth the obligations of the parties thereto, including but not
limited to the performance of the work, furnishing of services, and the basis of
payment.
F.Consultant Senior Project Engineer: The Engineer assigned by the Consultant to
be in charge of providing Construction Contract administration forone or more
Construction Projects. This person may supervise other Consultant employees
and act as the lead Engineer for the Consultant.
G.Consultant Project Administrator: The employee assigned by the Consultant to
be in charge of providing Construction Contract administration services one or
more Construction Projects.
: The individual, firm, or company contracting with the County for
H.Contractor
performance of work or furnishing of materials.
I.Construction Contract: The written agreement betweenthe County and the
Contractor setting forth the obligations of the parties thereto, including but not
limited to the performance of the work, furnishing of labor and materials, and the
basis of payment.
J.CPAM: Florida Department of Transportation, Construction Project
Administration manual; latest.
K.Department: Florida Department of Transportation
L.F.D.O.T.: Florida Department of Transportation.
M.County: Monroe County Board of County Commissioners.
6)59-6)1)287
+IRIVEP
It shall be the responsibility of the Consultant to administer, monitor, and inspect
the Construction Contractsuch that the project is constructed in reasonable
conformity with the plans, specifications, and special provisions for the
Construction Contract.
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The Consultant shall observe the Contractor’s work to determine the progress
and quality of work, identify discrepancies, report significant discrepancies to the
County, and direct the Contractor to correct such observed discrepancies.
The Consultant is hereby designated by the County to negotiate Supplemental
Agreements. However, the Consultant must seek input from the Construction
Project Manager. The Consultant shall prepare the Supplemental Agreement as
a recommendation to the County, which the County may accept, modify or reject
upon review. The Consultant shall consult with the Construction Project
Manager, as it deems necessary and shall direct all issues, which exceed its
delegated authority to the Construction Project Manager for County action or
direction.
The Consultant shall advise the Construction Project Manager of any significant
omissions, substitutions, defects, and deficiencies noted in the work of the
Contractor and the corrective action that has been directed to be performed by
the Contractor. Workprovided by the Consultant shall not relieve the Contractor
of responsibility for the satisfactory performance of the Construction Contract.
7YVZI]'SRXVSP
The Consultant shall check or establish the survey control baseline(s) along with
sufficient baseline control points and bench marks at appropriate intervals along
the project in order to: (1) make and record such measurements as are
necessary to calculate and document quantities for pay items; (2) make and
record pre-construction and final cross section surveys of the project site in those
areas where earthwork (i.e., embankment, excavation, subsoil excavation, etc.)
is part of the construction project; and (3) perform incidental engineering surveys.
The Senior Project Engineer will establish the specific survey requirements for
each project prior to construction.
Any questions or requests for “Waiver of Survey” should be directed to the Senior
Project Engineer.
3RWMXI-RWTIGXMSR
The Consultant shall monitor the Contractor's on-site construction activities and
inspect materials entering into the work in accordance with the plans,
specifications, and special provisions for the Construction Contractto determine
that the projects are constructed in reasonable conformity with such documents.
The County will monitor all off-site activities and fabrication. The Consultant shall
keep detailed accurate records of the Contractor's daily operations and of
significant events that affect the work.
Consultant shall be responsible for monitoring and inspection of Contractor’s
Work Zone traffic control plan and review of modifications to the Work Zone
Traffic Control Plan, including alternate Work Zone Traffic Control Plan, in
accordance with F.D.O.T. procedures. Consultant employees performing such
services shall be qualified in accordance with F.D.O.T. department procedure.
4EGOIX4K
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)RKMRIIVMRK7IVZMGIW
The Consultant shall coordinate the Construction Contractadministration
activities of all parties other than the Contractor involved in completing the
construction project. Notwithstanding the above, the Consultant is not liable to
the County for failure of such parties to follow written direction issued bythe
Consultant.
Services include maintaining the required level of surveillance of Contractor
activities, interpreting plans, specifications, and special provisions for the
Construction Contract, maintaining complete, accurate records of all activities
and events relating to the project, and properly documenting all significant project
changes. The Consultant shall perform the following services:
(1)Schedule and attend, within ten days after the Notice to Proceed, a pre-
construction conference for the project. The Consultant shall provide
appropriate staff to attend and participate in the pre-construction meeting.
(2)The Consultant shall record a complete and concise record of the
proceedings of the pre-construction meeting and distribute copies of this
summary to the participants and other interested parties within seven
days.
(3)Analyze the Contractor’s schedule(s) (i.e. baseline(s), revised baseline(s),
updates, as-built, etc.) for compliance with the contract documents.
Elements including, but not limited to, completeness, logic, durations,
activity, flow, milestone dates, concurrency, resource allotment, and
delays will be reviewed. Verify the schedule conforms with the
construction phasing and MOT sequences, including all contract
modifications. Provide a written review of the schedule identifying
significant omissions, improbable or unreasonable activity durations,
errors in logic, and anyother concerns as detailed in CPAM.
(4)Verify that the Contractor is conducting inspections, preparing reports and
monitoring all storm water pollution prevention measures associated with
the project.
(5)Analyze problems that arise on a project and proposals submitted by the
Contractor, endeavor to resolve such issues, and process the necessary
paperwork.
(6)Produce reports, verify quantity calculations, field measure for payment
purposes as needed to prevent delays in Contractor operations and
ensure prompt processing of such information in order for the County to
make timely payment to the Contractor.
(7)Provide Public Information services as required to manage inquiries from
the public, public officials, and the news media. Prepare newsletters for
distribution to adjacent property owners. The County Construction Project
Manager shall approve all notices, brochures, responses to news media,
etc., prior to release.
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(8)Prepare and submit to the Construction Project Manager monthly, a
Construction Status Reporting System (CSRS) report.
(9)Schedule and conduct a meeting with the County Engineering Office at
least 45 calendar days prior to project final acceptance. The purpose of
this meeting is to discuss the required documentation, including as-builts,
necessary to close out the permit(s).
(10)Video tape the pre-construction conditions throughout the project limits.
Provide a digital photo log or video of project activities, with heavy
emphasis on potential claim items/issues and on areas of real/potential
public controversy.
(11)The Consultant shall have a digital camera for photographic
documentation of noteworthy incidents or events to cover the following
areas:
(a). Pre-construction photographs
(b). Normal and exceptional progressof work
(c). Critical path activities
(d). Accidents showing damage
(e). Unsafe working conditions
(f). Unusual construction techniques
(g). Damaged equipment or materials
(h). Any activity, which may result in claims
These photographs will be filed and maintained on the Consultant’s
computer. Copies of photographs will be electronically transferred to the
County at an interval determined by the Senior Project Engineer and the
Construction Project Manager.
The taking of the photographs shall begin the day prior to the start of
construction and continue regularly throughout this project. Photographs
shall be taken the days of Conditional, Partial and/or Final Acceptance.
(12)Monitor each Contractor and Subcontractor’s compliance with
specifications and special provisions of the Construction Contract.
(13)Provide a Resident Compliance Specialist for surveillance of the
Contractor’s compliance with Construction Contract requirements. The
Resident Compliance Specialist is responsible for reviewing, monitoring,
evaluating and acting upon documentation required for Construction
4EGOIX4K
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Contract compliance, and maintaining the appropriate files thereof.
Typical areas of compliance responsibility include EEO Affirmative
Actions for the prime contractor and subcontractor, DBE Affirmative
Action, Contractor Formal Training, Payroll, and Subcontracts. The
Resident Compliance Specialist must keep all related documents and
correspondence accurate and up to date; attend all compliance reviews
and furnishthe complete project files for review.
(14)As needed, prepare and make presentation before the Board of county
and/or county staff in connection with the project covered by this
Agreement.
-8)1783&)*962-7,)(&=8,)'3928=83'327908%28
A.The County, on as needed basis, will furnish the following Construction Contract
documents for this project. These documents may be provided in either paper or
electronic format.
1Construction Documents (drawings, specifications)
2Special Provisions
3Copy of the executed Construction Contract.
-8)17*962-7,)(&=8,)'327908%28
'SYRX](SGYQIRXW
All applicable documents referenced herein shall be a condition of this
Agreement.
:ILMGPIW
Vehicles will be equipped with appropriate safety equipment and must be able
to effectively carry out requirements of this Agreement. Vehicles shall have the
name and phone number of the consulting firm visibly displayed on both sides
of the vehicle.
*MIPH)UYMTQIRX
The Consultant shall supply survey, inspection and testing equipment,
essential in order to carry out the work under this Agreement. Such equipment
includes those non-consumable and non-expendable items, which are normally
needed for a CEI project and are essential in order to carry out the work under
this Agreement.
Hard hats shall have the name of the consulting firm visibly displayed.
Equipment described herein and expendable materials under this Agreement
will remain the property ofthe Consultant and shall be removed at completion
4EGOIX4K
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of the work.
The Consultant’s handling of nuclear density gauges shall be in compliance
with their license.
The Consultant shall retain responsibility for risk of loss or damage to said
equipment during performance of this Agreement. Field office equipment shall
be maintained and in operational condition at all times.
0MGIRWMRKJSV)UYMTQIRX3TIVEXMSRW
The Consultant will be responsible for obtaining proper licenses for equipment
and personnel operating equipment when licenses are required. The
Consultant shall make the license and supporting documents available to the
County, for verification, upon request.
Radioactive Materials License for use of Surface Moisture Density Gauges
shall be obtained through the State of Florida Department of Health.
0-%-732
The Consultant shall keep the Construction Project Manager informed of all significant
activities, decisions, correspondence, reports, and other communications related to its
responsibilities under this Agreement, and seek input from the Construction Project
Manager in order for the Construction Project Manager to oversee the Consultant’s
performance.
Agreement administrative duties relating to Invoice Approval Requests, Personnel
Approval Requests, User ID Requests, Time Extension Requests, and Amendment and
Supplemental Amendment Requests shall be reviewed and approved by the
Construction Project Manager.
4)67322)0
+IRIVEP6IUYMVIQIRXW
The Consultant shall staff the project with the qualified personnel necessary to
efficiently and effectivelycarry out its responsibilities under this Agreement. Not
all positions listed below may be required; however, personnel performing a
specific task must have the qualifications required for the task.
Unless otherwise agreed by the County, the County will not compensate straight
overtime or premium overtime for the positions of Senior Project Engineer,
Project Administrator, Contract Support Specialist, and Associate Contract
Support Specialist.
4IVWSRRIP5YEPMJMGEXMSRW
The Consultant shall utilize only competent personnel, qualified by experience,
and education. The Consultant shall submit in writing to the Construction Project
Manager the names of personnel proposed for assignment to the project,
4EGOIX4K
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including a detailed resume for each containing at a minimum salary, education,
and experience. The Consultant Action Request form for personnel approval
shall be submitted to the Construction Project Manager at least two weeks prior
to the date an individual is to report to work.
Personnel identified in the Consultant technical proposal are to be assigned as
proposed and are committed to performing services under this Agreement.
Personnel changes will require written approval from County. Previously
approved staff, whose performance is unsatisfactory, shallbe replaced by the
Consultant within one week of County notification.
Before the project begins, all project staff shall have a working knowledge of the
current CPAM and must possess all the necessary qualifications/certifications for
obtaining the duties of the position they hold. Cross training of the Consultant’s
project staff is highly recommended to ensure a knowledgeable and versatile
project inspection team but shall not be at any additional cost to the County and
should occur as workload permits. Visit the training page on the State
Construction Office website for training dates.
Minimum qualifications for the Consultant personnel are set forth as follows.
Exceptions to these minimum qualifications will be considered on an individual
basis. The County Engineer or designee will have the final approval authority.
')-7)2-36463.)'8)2+-2))6-A Civil Engineer degree and be
registered in the State of Florida as a Professional Engineer (or if registered in
another state, the ability to obtain registration in the State of Florida within six
months) and six years of engineering experience (two years of which are in
major road and bridge construction), or for non-degreed personnel the
aforementioned registration and ten years of engineering experience (two years
of which are in major road or bridge construction). Qualifications include the
ability to communicate effectively in English (verbally and in writing); direct highly
complex and specialized construction engineering administration and inspection
program; plans and organizes the work of subordinate and staff members;
develops and/or reviews policies, methods, practices, and procedures; and
reviews programs for conformance with County standards. Also must have the
following:
Qualification:
FDOT Advanced MOT
Certifications: None
A Master's Degree in Engineering may be substituted for one (1) year
engineering experience.
')-463.)'8%(1-2-786%836
-A Civil Engineering degree plus two (2) years
of engineering experience in construction of major road or bridge structures, or
eight (8) years of responsible and related engineering experience, two (2) years
of which involved construction of major road and bridge structures.
Receives general instructions regarding assignments and is expected to exercise
4EGOIX4K
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initiative and independent judgment in the solution of work problems. Directs and
assigns specific tasks to inspectors and assists in all phases of the construction
project. Will be responsible for the progress and final estimates throughout the
construction project duration. Must have the following:
Qualifications
: FDOT Intermediate MOT Pass the CTQP examination covering
the training video “Grouting of Bridge Post-tensioning Tendons” (If applicable)
CTQP Final Estimates Level II
Certifications: None
Other: Attend CTQP Quality Control Manager Course and pass the examination.
A Master's Degree in Engineering may be substituted for one (1) year of
engineering experience
')-'3286%'8794436874)'-%0-78
-A Civil Engineering Degree or High
School diploma or equivalent and four years of road &bridge construction
engineering inspection (CEI) experience having performed/assisted in project
related duties (i.e., progress and final estimates, EEO compliance, processing
Construction Contract changes, etc.) or a Civil Engineering degree. Should
exercise independent judgment in planning work details and making technical
decisions related to the office aspects of the project. Should be familiar with the
County’s Procedures covering the project related duties as stated above and be
proficient in the computer programs necessary to perform these duties. Shall
become trained in CTQP Final Estimates Level II course and maintain a current
qualification.
')-7)2-36-274)'836')-7)2-36)2+-2))6-28)62
–High school
graduate or equivalent plus four years of experience in construction inspection,
two years of which shall have been in bridge and/or roadway construction
inspection.
Must have the following:
:
Qualifications
CTQP Concrete Field Inspector Level I(If applicable)
CTQP Concrete Transportation Construction Inspector (CTCI) Level II (If
applicable)
CTQP Asphalt Roadway Level I (If applicable)
CTQP Asphalt Roadway Level II (If applicable)
CTQP Earthwork Construction Inspection Level I
CTQP Earthwork Construction Inspection Level II
CTQP Pile Driving Inspection (If applicable) CTQP Drilled Shaft Inspection (If
applicable)
CTQP Grouting Technician Level I (If applicable)
CTQP Post-Tensioning Technician Level I (If applicable)
FDOT Intermediate MOT
CTQP Final Estimates Level I
Certifications:
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Nuclear Radiation Safety
Or a Civil Engineering degree and one year of road & bridge CEI experience
with the ability to earn additional required qualifications within one year. (Note:
Senior Engineer Intern classification requires one year experience asan
Engineer Intern.)
Responsible for performing highly complex technical assignments in field
surveying and construction layout, making, and checking engineering
computations, inspecting construction work, and conducting field tests and is
responsible for coordinating and managing the lower level inspectors. Work is
performed under the general supervision of the Project Administrator.
7XEJJMRK
Once authorized, the Consultant shall establish and maintain an appropriate staff
through the duration of construction and completion of the final estimate.
Responsible personnel, thoroughly familiar with all aspects of construction and
final measurements of the various pay items, shall be available to resolve
disputed final pay quantities until the appropriate Construction Contract has been
paid off.
Construction engineering and inspection forces will be required of the Consultant
at all times while the Contractor is working. If Contractor operations are
substantially reduced or suspended, the Consultant will reduce its staff
appropriately.
In the event that the suspension of Contractor operations requires the removal of
Consultant forces from the project, the Consultant will be allowed ten (10) days
maximum to demobilize, relocate, or terminate such forces.
59%0-8=%7796%2')
5%
463+6%1
5YEPMX]6IZMI[W
The Consultant shall conduct semi-annual reviews to make certain his own
organization is in compliance with the requirements cited in the Scope of
Services. Quality Reviews shall be conducted to evaluate the adequacy of
materials, processes, documentation, procedures, training, guidance, and
staffing included in the execution of this Agreement. Quality Reviews shall also
be developed and performed to achieve compliance with specific QA provisions
contained in this Agreement. The semi-annual reviews shall be submitted to the
Construction Project Manager in written form no later than one month after the
review.
On short duration CCEI projects (nine months or less), the CCEI shall perform an
initial QA review within thefirst two months of the start of construction.
5%4PER
Within thirty (30)days after receiving award of an Agreement, the Consultant
4EGOIX4K
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shall furnish a QA Plan to the Construction Project Manager. The QA Plan shall
detail the procedures, evaluation criteria, and instructions of the Consultant’s
organization to assure conformance with the Agreement. Unless specifically
waived, no payment shall be made until the County approves the Consultant QA
Plan.
Significant changes to the work requirements may require the Consultant to
revise the QA Plan. It shall be the responsibility of the Consultant to keep the
plan current with the work requirements. The Plan shall include, but not be
limited to, the following areas:
%3VKERM^EXMSR
A description is required of the Consultant QA Organization and its
functional relationship to the part of the organization performing the work
under the Agreement. The authority, responsibilities and autonomy of the
QA organization shall be detailed as well as the names and qualifications
of personnel in the quality control organization.
&5YEPMX]6IZMI[W
The Consultant QA shall detail the methods used to monitor and achieve
organization compliance with Agreement requirements for services and
products.
'5YEPMX]6IGSVHW
The Consultant will outline the types of records, which will be generated
and maintained during the execution of his QA program.
('SRXVSPSJ7YFGSRWYPXERXWERH:IRHSVW
The Consultant will detail the methods used to control sub-consultants
and vendor quality.
)5YEPMX]%WWYVERGI'IVXMJMGEXMSR
An officer of the Consultant firm shall certify that the inspection and
documentation was done in accordance with project specifications, plans,
standard indexes, and County procedures.
5YEPMX]6IGSVHW
The Consultant shall maintain adequate records of the quality assurance actions
performed by his organization (including subcontractors and vendors) in
providing services and products under this Agreement. All records shall indicate
the nature and number of observations made, the number and type of
deficiencies found, and the corrective actions taken. These records shall be
available to the County, upon request, during the Agreement term. All records
shall be kept at the primary job site and shall be subject to audit review.
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Prepare documentation and records in compliance with the Agreement,
Consultant’s approved QC Plan andthe County’s Procedures.
Submit the Final Estimate(s) and three sets of final as built plans documenting
Contractor’s work (one record set with two copies) as follows:
(a)Within thirty (30) calendar days of final acceptance; or
(b)Where all items of work are complete and conditional/partial
acceptance is utilized (Lighting, Plant establishment, etc.) for a
period exceeding thirty (30)calendar days, the final estimate(s)
will be due on the thirtieth (30th) day after conditional/partial
acceptance. A memorandum with documentation will be
transmitted to the Director of Engineering Services at final
acceptance detailing any necessary revisions to the pay items
covered under the conditional/partial acceptance.
The Consultant shall be responsible for making any revisions to the Certified
Final Estimate.
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Consultant personnel preparing the Certified Final Estimate Package shall be
CTQP Final Estimates Level II qualified.
Duly authorized representative of the Consultant firm will provide a notarized
certification on a form pursuant to Department procedures.
79&'327908%287)6:-')7
Upon written approval by the Construction Project Manager and the County, and prior to
performance of work, the Consultant may subcontract for engineering surveys, materials
testing, or specialized professional services.
38,)67)6:-')7
Upon written authorization by the Director of Engineering Services or designee, the
Consultant willperform additional services in connection with the project not otherwise
identified in this Agreement. The following items are not included as part of this
Agreement, but may be required by the County to supplement the Consultant services
under this Agreement.
A. Assist in preparing for arbitration hearings or litigation that occurs during the
Agreement time in connection with the construction project covered by this
Agreement.
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B. Provide qualified engineering witnesses and exhibits for any litigation or hearings
in connection with the Agreement.
C. Provide on-and off-site inspection services in addition to those provided for in
this Agreement.
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In the event the Contractor submits a claim for additional compensation and/or time after
the Consultant has completed this Agreement, the Consultant shall, at the written
request from the County, analyze the claim, engage in negotiations leading to settlement
of the claim, and prepare and process the required documentation to close out the claim.
Compensation for such services will be negotiated and effected through a Supplement to
this Agreement.
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In the event of a contradiction between the provisions of this Scope of Services and the
Consultant’s proposal as made a part of their Agreement, the provisions of the Scope of
Services shall apply.
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It is specifically agreed between the parties executing this Agreement that it is not
intended by any of the provisions of any part of the Agreement to create in the public or
any member thereof, a third party beneficiary hereunder, or to authorize anyone not a
party to this Agreement to maintain a claim, cause of action, lien or any other damages
or any relief of any kind pursuant to the terms or provisions of this Agreement.
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The County shall be the final authority in considering contract modification of the
Contractor for time, money or any other consideration except matters agreed to by the
Contractor through contract changes negotiated by the Consultant, as authorized in
Section 9.1 herein.
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