Item C27BOARD of COUNTY CON[MISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: , Janu@a 19, 2011
Bulk Item: Yes X No
Division: _Administrator
Department. Engineering
Staff Contact Person/Phone #: Judy Clarke_X4329
AGENDA ITEM WORDING: Approval of task order with ADA Engineering, Inc. for engineering
design and permitting services for the Tom's Harbor Channel Bridge repair project. The task order is
being awarded under the On Call Professional Engineering Services contract with ADA Engineering,
Inc.
ITEM BACKGROUND: Tom's Harbor Channel Bridge (County Bridge # 04 00) is in need of
repairs. Florida Department of Transportation FDOT agreed to provide funding for bridge repairs
through its Small County Outreach Program (DP).
PREVIOUS RELEVANT ANT BOCC ACTION: BOCC approved Resolution 41- 009 making bridge
repair a Count} priority at the August 2009 meeting. BOCC approved the On Call Professional
Engineering Services Contract with ADA Engineering, Inc. at the December 2009 meeting. BOCC
approved Joint Participation Agreement (JPA) with FDOT to provide funding for design and
construction of repairs to Tom's Harbor Channel Bridge at the April 2010 meeting.
CONTRACT/AGREEMENT CHANGES: As outlined in task order.
STAFF RE OMAMNDATION : Approval as stated above.
TOTAL COST: y $204,689.41 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL of LOCAL PREFERENCE: not applicable
COST ToCOUNTY: $53,602- - SOURCE of FUNDS: FDOT Grant and Fund 10
REVENUE PRODUCING: Yes No X AMOUNT NT PER MONTH 'fear _
f LI
APPROVEDB''Y* CounterAtt Purcha 1ng I ask 1 Ianagernent _
ft
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 7/09
AGENDA ITEM #
M NR E COUNTY BOARD DE COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: ADA Engineering, Inc
Contract # Task Order
Effective Date: 1/ 1 120 11
Expiration Date:
1 131/ 012
Contract Purpose/Description:
Task Order under On Call Professional Engineering Services Contract for engineerin
desiLyn and vermittine services for the Tom's Harbor Channel fidjae_rwair pro' eet.
Contract Manager: Judy Clarke 4329 Engineering/## 1
(Name) — (Ext.)-- (Department/Stop ##)
for BOCC meeting on - 11191 011 Agenda Deadline: 1104/ 011
CONTRACT COSTS
Total Dollar value of Contract: 204,689.41 Current Year Portion: 190,600
Budgeted?? Yes® No ❑ Account Codes:
Grant: 151,087.41
ounty batch: 53}60
ADDITIONAL COSTS
Estimated Ongoing Costs: 1yr For:
(Not included in dollar value above) (eg. maintenance, utilities, Janitorial, salaries, etc.)
De bt
Division Director
r
9
Risk Manage ent
O.M.B./Purc
as inn 1
Counter Attorney
omments.,
OMB Form Revised 2/ 7i0l MCP #2
CONTRACT REVIEW
Changes
Date Out
Needed _ evi er
Yes[] No��
T�
Yes[] No
I ip
Yes❑ No
1 WA
TASK ORDER FOR ON CALL PROFESSIONAL ENGINEERING SERVICES
BETWEEN MONROE COUNTY AND ADA ENGINEERING
FOR
BRIDGE #904600 TOM'S HARBOR CHANNEL BRIDGE REPAIR DESIGN
In accordance with the Continuing Contract for on Call Professional Engineering Services made
and entered on the 16'hday of December 2009 between Monroe County hereinafter referred to
as the "County'} and ADA Engineering, hereinafter referred to as "Consultant" where design
services are allowed if construction costs do not exceed $2,000,000.
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 Agreement of
which will be specifically referenced in this Task Order and the modification shall be precisely
described.
This Task Order is effective on the 191h Day of January 2011,
Article II scope of Basic Services, Paragraph 2.1.1 is amended as follows:
The scope of services for the Tom}s Harbor Channel Bridge Repair Project will include
completion of design for construction, permit applications and support during the bid and
construction phases of the project, as described below:
The Design for Construction shall include, but shall not necessarily be limited to, plans and
specifications which describe all systems, elements, details, components, materials, equipment,
and other information necessary for construction, The Design for Construction shall be accurate,
coordinated and in all respects adequate for construction and shall be in conformity, and
comply, with all applicable law, codes, permits, and regulations. Products, equipment and
materials specified for use shall be readily available unless written authorization to the contrary
is given by the County.
1.0 DESIGN DEVELOPMENT
1.1 The Engineer shall review the FDOT bridge inspection reports, physically perform an
inspection of the bridge, prioritize the badge deficiencies and make recommendations as to the
necessary repairs.
1.2 The Engineer shall prepare a Design Development Letter Report for the County}s
approval. The Design Development Report shall consist of a written document that establishes
and describes the size and character of the proposed Repair Project as to engineering and
structural systems, materials and such other elements as may be appropriate.
2.0 CONSTRUCTION DOCUMENTS PHASE
2.1 Eased on the approved Design Development Documents and any further adjustments
authorized by the County in the scope or quality of the Project, the Engineer shall prepare, for
approval by the County, Construction Documents consisting of Drawings and Specifications
setting forth in detail the requirements for the construction of the project. Construction
documents shall conform to the standards contained in the following:
t , Florida Department of Transportation Roadway Plans Preparation Manuals
htt12 -://www Aot.state.fl.us/rddesignfPPMManual/PPM.shtm
2. Florida Department of Transportation Design Standards
http://www-dot.state.fl.us/rddesi iVDesign tandards/ tandards.shtin
3. Florida Department of Transportation Structures Manual
http,/lwwwAot-state .fl .0 s/structures ina n l i h. shtm
4. MUTCD
htt-.Hmuted.tliwa.dOt. �ovl
5. American Disabilities Act
Lttp://www2.dot,state.fl.us/proceduraIdocuments:procedures/bin 62502001 .pd�
6. Florida Statutes
http-H .Ieg.state-fl.us/Statutes/index.efm9Mode= iews� 0 tatutes ubmenu=l &Ta
b=statutes . FfD=14677574& FTO E =8O 81948
2.2. The Engineer shall provide Drawings and applicable Technical Special Provisions for the
ounty's review (the Florida Department of Transportation Standard specifications will be
incorporated by reference).
.3 Upon completion of the Construction Documents phase, the Engineer shall provide
Construction Documents for the ounty's approval. Upon approval by the County the Engineer
shall provide the County up to 5 sets of Construction Documents that have been signed and
sealed by the Engineer. The Engineer shall also provide an electronic version of the
construction documents. The Engineer shall provide an estimate of anticipated construction cost
in accordance with the construction development phase.
.4 The Engineer shall assist the County in the preparation of the necessary bidding
information for the production of bidding forms, the Conditions of the Contracts, and the forms of
Agreements between the County and the Contractors by providing supporting information as to
the projects scope, bid items, estimated quantities and construction duration. The County shall
prepare all Bidding Farms, Conditions of the Contract, and Forms of Agreement.
.5 The Engineer's construction documents (plans, specifications, etc) will conform to all
codes and regulations of the federal government, county, stater municipalities, agencies and
state departments, in effect at the date of this Agreement, and shall be of such completion as to
be acceptable for review and ruling by said agencies when permits are applied for. The
Engineer shall use due care in determining permit requirements and shall meet with regulatory
agencies as necessary to coordinate specific permit requirements. The Engineer shall
document all meetings and conversations with said regulatory agencies. If permits are denied
for incompleteness or for lack of following said codes or regulations, or permit requirements,
then the Engineer will conform the construction documents in such manner to receive permits
upon such plans. Work required by the Engineer to conform documents to federal, state, city,
county, or agency specifications to allow therm to be approved shall be completed at no charge
or cost to the county, unless said requirements are changed during the course of the project.
.6 The Engineer shall file (through the County) all documents required for the approval of
governmental authorities having jurisdiction over the project. The Engineer shall file (through the
County) the necessary documents to obtain Environmental Resource Permits and all other
permits required for construction. The county shall be responsible for the timely submittal of all
permit application fees.
2.7 At intervals mutually agreeable to the county and Engineer, the Engineer shall provide
drawings and ether documents which depict the current status of design for the County's review
and information. The Engineer shell provide an estimate of anticipated construction costs.
.8 As needed by the county, the Engineer 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.
.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS
To satisfactorily perform the construction Documents phase requirement, the Engineer
must complete the tasks set forth in paragraphs 3.1 through 3.9.
3.1 plan view — This consists of general plans and overall coordinating plans explaining
repair work, and plan enlargements for important and special areas, General dotes and
Environmental (Votes.
3.2 General Elevations
3.3 Sections
Overall sections — Overall bridge longitudinal and transverse "explanation" type.
Detail sections — Full sections conveying basic configurations and proposed repair
work.
.4 Details — As required. Indicate key conditions.
a. Details to adequately indicate structural system.
b. Details of major unique conditions that impact the proposed repair.
3.5 schedules — Prepare an estimate of the construction Time.
3.6 Biel Items and Estimated Bid Quantities
.7 Specifications — For general specifications, FDOT Specifications will be incorporated.
Comprehensive, abbreviated methods, materials and systems descriptions in tune with the
drawings will be developed as necessary with Technical Special Provisions.
3.8 Estimate of Construction cost — Estimate of anticipated cost in accordance with the
Design Develop ment/Donstruction Documents.
.9 other consultants' Design Development sets — As appropriate to the Project.
4.0 CONSTRUCTION PHASE
4.1I The Engineer shall review and approve or take other appropriate action upon
Contractor's Shop Drawings submittals for prefabricated elements to be placed permanently in
the structure but only for the limited purpose of checking for conformance with information given
and the design concept expressed in the contract Documents. The Engineer's action shall be
taken with such reasonable promptness as to cause no delay in the contractor's Work or in
construction by the County's own forces, while allowing sufficient time in the Engineer's
professional judgment to permit adequate review. In general, said review and action shall be
completed in 10 working days from receipt of a shop drawing submittal, excluding resubrnittals.
Review of such submittals is not conducted for the purpose of determining the accuracy and
completeness of other details such as dimensions and quantities or for substantiating
instructions for installation or performance of equipment or systems designed by the
Contractors, all of which remain the responsibility of the Contractors to the extent required by
the contract Documents. The Engineer's review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by the Engineer, of construction means,
methods, techniques, sequences, or procedures.
4.2 The Engineer shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the Engineer or its consultants or
both.
4.3 The Engineer must reimburse the county for any added costs paid by the County during
construction that were incurred as the result of any error, omission, deficiency, or conflict in the
work p rod u ct of the Engineer, its consultants, or both. This added expense is defined as the
difference in cost from that which the county would have paid if the work was included in the
bid, and the actual cost presented by the contractor. The Engineer shall not be held responsible
for additional deficiencies found due to a delay in the construction of the project or for those
hidden deficiencies that could not reasonably be determined through a review of the FDOT
Bridge Inspection Deports or physical inspection of the bridge by the Engineer.
5.0 CONSTRUCTION COST
Conte mporaneo us ly with the submission of the Design, the Engineer shall submit to the county
in writing its final estimate of the contractor's anticipated bid price for constructing the Project.
Once submitted, the final anticipated price estimate shall be adjusted by the Engineer to reflect
any increase or decrease in anticipated price resulting from a change in Design.
.1 The Construction cost shall be the total estimated bid cost to the County of all elements
of the Project designed or specified by the Engineer.
5.2 The construction cost shall include the cost at current market rates of labor and
materials and Equipment designed, specified, selected or specially provided for by the
Engineer, plus a reasonable allowance for Contractor's overhead and profit.
5.3 construction cost does not include the compensation of the Engineer and the Engineer's
consultants, the costs of land, rights -of -way, financing or other costs which are the responsibility
of the County.
5.4 The Engineer agrees that, should the bid for construction of the project exceed its
estimate by ten percent (110%) or more, it will redesign, redraw or rebid, at no additional cost or
expense to the County, until the bids are within the stated limits.
Article v11 Payments, Paragraph 7,1 is amended to include the following:
The Consultant shall be paid monthly- the following not to exceed amounts will apply for each
phase of the project:
Design Development 30,953.18
Construction Documents/Bid Phase Services $159,645.83
Construction Phase Services 149090.40
Total Lump Sum Fee $204,689.41
Article IX Miscellaneous, Paragraph 9.29 Federal Highway Administration
Requirements do not apply to this project.
All requirements shall be completed no later than December 31. 2012 for total lump sum fee of
,204,689.41 Jwo Hundred Four Thousand Sic Hundred Eighty Nine Dollars and Forty One
Cents).
IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly
authorized representative.
Consultant
ADA Engineering, Inc.
i
Date
F:112 E 5f - T+
Title
(SEAL)
Attest: IDAN NY L. KOLHAGE, Clerk
BY:i
Deputy Clerk
Date;
Witness
rn
;- ! I o
re Date
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:r
Mayor/Chairman
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
P/1 : )'A*.t 0 It
NFi TI E M. 1.iNTE�ERT-BARROWS
AS S i TA, T COUNTY ATTOM EY
Date
ADA Engineering, Inc.
Fee Proposal for Tom' Harbor Charnel Bridge Repair Design Pr�Ject
Cdrpom to Office
8550 NW 33" SLTeeL, Baize 101
aoraElp Florida 33M
T 305.551.4608
' r 305.5 51. 89 77
1 www, adaengineering. corn
October 27, 2010 (Revised December 3, 2010)( Revs sed December 17, 2 010)
11,1Js. Judith S. Clarke, PE
Director of Engineering Services
1100 Simonton Street, 1-213
Key West, Florida 33040
Reference: FEE PROPOSAL FOR TOM'S HARBOR CHANNEL BRIDGE REPAIR DESIGN PROJECT
Dear GIs. Clarke:
A.D.A. Engineering, Inc. (ADA) is pleased to submit for your review and consideration our revised fee proposal
for the above referenced project. 1>*lle have included in our proposal the Scope of Services that was provided to
ors without the previous modifica#ion on item 5.4, our manhour breakdown as well as those of our
subconsultants, and a preliminary schedule. These have been included as attachments A-C respectively. Please
note that we have added the additional fee for the turnarounds but for these we have assumed that the existing
beams will be able to handle the additional loads. Additional services would be requested if a redesign of the
beam is required.
We feel that we can perform the repair design based on the Field Reports and therefore have not included any
surveying or geotech nica l work in this proposal. After the Design Development phase we will notify you in
writing if we feel that survey and geotechnical work is necessary to complete the design and prepare the
construction documents. We also did not include any public relations type services.
We have condensed the Scope of Services to three maim tasks for this fee proposal. They are shorn below with
their corresponding fee. We have slightly modified the fee for Task 2.0 so that we can have round fee of
$195,,000 instead of $195{009.41.
Task 1.0 Design Development 30,953.18
Task 2.0 Construction Documents Phase 159,645.83
Task 3.0 Construction Phase Services 141,090.40
The total lump sum fee is $204,689.41 (Two Hundred Four Thousand Six hundred Eighty Dine Dollars and Forty
One Cents).
Please let us know if you have any questions or need additional information. We loop forward to working with
you on this project.
3est Regards,
A. D.A. Engineering, Inc.
Alberto D. Ar rdinr PE, CGC, LEER AP
ATTACHMENT " A "
Proposal Format for Scope of Services
ADA has modified the format for the scope of services to condense the required services into three general
tasks. These include Design Development, Construction Documents Phase, and Construction Phase Services.
The following shows all the Tasks and a short description of the work to be performed for each one:
Task 1.0 Design Development
Task 1.1- Data Gathering and Bridge Inspection
ADA will obtain readily available inspection reports, previous repair plans, as -built drawings, calculations,
geotechnical data, surveys, etc. from Monroe County (County) and/or the Florida Department of Transportation
(FDOT) for the existing bridge. ADA and EAC Consulting, Inc. (EAQ engineers will review the obtained data to
prepare an assessment of the bridge. In addition, ADA and EAC engineers will provide up to two site visits.
Marlin Engineering, Inc. (Marlin) will provide a field inspection and field inspection report for the existing bridge
in compliance with County and FDOT requirements.
"task 1.2 - Design Development Letter Report
After reviewing the data, the ADA Team will prepare a letter report outlining its findings and recommendations.
Any additional services such as surveying, geotec h n ica I, and testing will also be identified. Conceptual cost
estimates will be prepared in an effort to evaluate the feasibility of the repairs.
Task 2.0 Construction Documents phase
Task 2.1- Construction Documents
Construction documents will be prepared to address superstructure and substructure repairs. These will include
plan and elevation, details, notes, and cover sheet. See EAC's rnanhour estimate in Attachment "B" for a more
detailed list of drawings. The plans wil [conform with the requirements of Section 2.1 of the Scope of Services
provided by the County. See County provided Scope of Services also in Attachment "A". Technical provisions
and special specifications will be provided on the plans. FDOT Standard Specifications will be incorporated by
reference as indicated in section 2.2 of the Scope of Services provided by the County. we are proposing to
submit plans at the 90% and 100% submittal stages of the project. ADA and EAC engineers will attend a review
meeting with the County after the 90submittal.
Task 2.2 - Cost Estimate and Schedule
Prepare construction estimates at each submittal. ADA Will also prepare a project schedule at each submittal. A
conceptual schedule for the project is submitted with this proposal and is included in Attachment "C". For the
conceptual schedule we assumed a Notice to Proceed for our work of January 10, 2011. We also assumed three
months for permitting and a construction time of nine months.
Task 2.3 - PermitUng
ADA will prepare all required permit applications and permit sketches. The County shall be responsible for
paying all permit fees. Up to two rounds of Requests for Additional Information (RAls) will be provided as part
of this task.
Task 2.4 -- Bidding phase
As part of this task ADA will provide assistance to the County in preparing the bid packages and will respond to
questions frurn prospective bidders. It also includes attendance to a Pre -Bid meeting.
Task 3.0 Construction phase Services
`ask 31 - Ire -Construction Meeting
Attend the Pre -Construction meeting.
'bask 3.2 - Services During Construction
The services to be provided include review of shop drawings and response to Requests for Information (Uls).
Any attendance for construction meetings and inspections shall be considered additional services.
ATTACHMENT "B"
z
Tom's Harbor Channel Bridge Repair Date: Oct. 25, 2010 (Revised December 17, 2010)
EAC's Estimated Manhou rs
Component
Task
Units
No. of
Units
Hours/
Unit
Sheets
No. ofN40
Comments
General
Review Bridge Inspection Report
LS
1
LS
Review Existing Bridge Plans
LS
1
LS
Review Previous Repairs Plans
LS
1
LS
Deck repairs, Pile Jacket details
2 Field Visits
LS
1
LS
2 Viisits x 2 Persons x B Hours/Person/Visit
Prepare Design Development Report
LS
1
LS
Size and character of proposed repairs, structural
systems and materials. Need to compare bridge repair
with bridge replacement and include coat estimates for both.
Common
Sheets
Index of Sheets
Sheet
1
6
1
6
Include Existing Bridge Plans
General Notes
Sheet
2
16
2
32
Bearings Replacement Details
Sheet
2
24
2
48
Expansion Joint Replacement Details
Sheet
1
24
1
24
perstructure
Plan and elevation
Sheet
1
32
1
32
Bridge Repairs Staging Sequence
Sheet
2
16
2
32
Bridge Maintenance of Traffic during Repairs
Existing Prestressed Beams repair Details
Sheet
2
24
2
48
Prestressed Bearn
EA
0
8
0
Prestressed Bean Schedules
Sheet
0
12
D
0
Load Rating
Per
Beam
2
10
1
20
2 existing
Finish Grade Elevation (FGE) Calculation
LS
1
16
16
Finish Grade Elevations
Sheet
1
16
1
16
Bridge Deck Design
EA
1
24
24
Traditional Design Method (Stage Construction)
Bridge Deck Reinforcing and Quantities
EA
1
B
B
deck Reinforcing and Concrete Quantities
Diaphragm Design/ lacking Loads
EA
0
24
0
Superstructure Plan
Sheet
2
20
2
40
Stage Construction
Superstructure Section
Sheet
1
24
1
24
Stage Construction
Miscellaneous Superstructure Details
Sheet
1
60
1
60
Induding concrete diaphragm Sections & reinforcement
around deck appurtena noes &turnarounds
Substructure
Foundation Layout
Sheet
0
24
0
0
End Bent Geometry
EA
0
B
0
Wingwall Design and Geometry
EA
0
16
0
End Beat Structural Design
EA
0
16
0
End Bent Plan and Elevation
Sheet
0
24
0
0
End Bent Details
Sheet
0
20
0
0
Existing End Bents Repair Details
Sheet
2
20
2
40
2 End Bents Caps, CheekwalIs & Header)
Intermediate Bents Geometry
EA
0
B
0
Bent Structural Design
EA
0
24
0
Bent Ilan and Elevation
Sheet
0
16
0
0
Bent Details
Sheet
0
18
0
0
Existing Bents Repair Details
Sheet
2
20
2
40
4 Intermediate Beats
Pile Jacket Repair Details
Sheet
1
24
1
24
Existing Pile Repair Details
Sheet
1
24
1
24
Spalls/Delaminations
Miscellaneous
Reinforcing Bar Lists
Sheet
1
10
1
10
Utility hanger details
Sheet
1
24
1
24
N.
Develop details to maintain existing utilities during repairs
Slope Protection Restoration at Abutments
Sheet
1
24
1
24
Sub -Total
26
702
Quality Assurance/ Quality Control
LS
1
4%
35
Supervision
LS
1
3%
35
Coordination
LS
1
2%
21
Review Meetings
EA
2
8
16
2 Meetings x(2 Personsx4Hours%Person/Meeting}
Assemble Computation Book & Quantities
L5
1
16
16
Single bridge
Cost Estimate
LS
0
12
0
Including updates as necessary
Technical Special Provisions
LS 1
1
24
24
Extremely Aggressive Environment/Severe Corrosion
Total 1 25 1 849 1
Notes:
Based on our review of the Bridge Inspection Report dated 2/18/2010, the following observations should be noted:
a) The exposed deck slab bottom reinforcing steel has reached a critical corrosion level that the deck slab
structural integrity to carry the loads is in question.
b) The steel bearing assemblies have advanced corrosion with up to 100 section loss. Jacking the superstructure
to replace the bearings will be required.
Our rnanhour estimate is based on the following assumptions:
1. Complete bridge deck replacement.
2. No widening of the bridge is considered except for a 1' m6de by 5` long section for the wheelchair turnaround in the sidewalk
sir
MARLI
ENGINEERING
)eptember 6, 2010
"o: Alberto D . Arqudin, PE, CGC, LE ED AP
A.D.A. Engineering, Inc.
8550 NW 33 Street, sprite 101
Moral, FL 33122
-r-orn: Eduardo Vazquez, E.I.C.B.I.
Marlin Engineering, Inc.
Feet Tom's Harbor Channel Bridge - County Bridge 904600
Dear Mr. Argudi4.
n.
Per your request please find our scope of service and cost estimate for the structural
inspection at the above mentioned bridge.
Scope ofService:
1 - Structural inspection of the super and substructure components of the bridge.
Deliverables will consist of a comprehensive Fridge report with inventory photos of
the site, detailed description of deficiencies found with measurements, photos,
sketches and Video fog if necessary of every deficient area-, as well
recommendations for repairs where necessary.
- The inspection turn will consist of a 3 men team (as per OSHA regulations for the
underwater portion of the inspection), all diving equipment necessary for 3 divers
including dive boat and digital camera with video capabilities. Team leader will he a
Florida Department of Transportation Certified Bridge Inspector.
40, Lump Sum Fee for inspection: 7,978.1(See attached for details)
We forth see a turn around of s days from beginning of the inspection to submittal of the
Deport and can begin work as soon as needed.
e appreciate the opportunity of submitting this estimate to you and I look forward to working
with you on this project. Should you have any questions please contact us at your
.
core ven fence.
Sincerely,
Martin 0,. amoqleer
Edua e� E.It E.l.
Enid_ !nW ions Manaaer
3 191 NW 97 Avenue Miami, Florida 33172-2313 Tel. (3051 477-7575 Fax 13051 477-7590
www. rnarli ne ng ineering.-c-orrr
Im
CD
i
co
v
C =
L
CD
>
0
0
C)
0
LO
0
kn
L� 7
N
N
N
C
Z
Li
Lo
CL
co
�..r
C
0
CD
to
to
.U)
C4
N
N
C:�
Li �
Q
ai
C)
C)
0
E2
N
c6
C+i
to
cli
m
C 0
m 2
CL
a
c
E
W
CD
CD
0
CD
r
1O
C,D
CQ
7E
G
C
m
C
0 0c
D oz
r
0
w
CCLCL
Cl
U)
�06
CL
d
_
BOW
0
LL
IY
a
LCJ
o
2
i
r
�I
C)
LL
N
Z,
CD
el]
F--
0
Lo
4�
CD
0
n
CD
i
CD
CD
�
2
co
{
o
f
cm
�]_j
�
C3
8
L
a
e
�sLM
C
0
d
<
CL
CL
CL
LE
�
_LLWC
(
3
WC
0
X.
0
I-..
n
C)
(n
N
to
r
CD
0
qrm
CD
1�
r
CD
69-
6r*
(n
:PIN
m
I�
E
dDw..r
•a
0
0
CL
4)
O
LL
+
0
#
x
coo12
1—
a qr qt
qr 0 v
N
AIM
Ik.-0
vm
CD c%1 ill
C5 w cn
fw
(0) C) m
co
■
V
CM
I%-
cp
C
in
r-
LO
CD
II
11
�2) 47
> II
4i
00
C-
M�
V 2 t u
'C 0
CL
O •h
ATTACHMENT "C"
B
if
a
0
m
1.2
9
2 •"111'IAi1RYF• I m 1 l i t i■J-7 I I I. d i� 1611'IAI 19 ". 111 r 1 i. . 9111W°. 110 11,.. 1. i.. 1 I L 1- I Nil i■-.-i I I i I 1.4......
J•� Y I
i.� 1 1
_
e11 T 1e1. '11.. 111. J.IIWY.. Y9111... 111 L I.... t 1 ..11I..II..u'II1. L-..1d1i-.L...Iw----i ll.�. .Ll.---.-----
. ,rm
....0 1i - • — - - - - --------r•-- - - - - - - • ----- - --..r - - - - - -----... - - - --
LL e w
1.: 1111lIti..-dIJ 1166... '.II...i........... ...... i-- •- • - - - - -—--` - - -- — `-- `--- - - - - -- —
----------------
C ' !
11111 JJ I I.r .. L.1 I"IJ 1 ...,.. 1 .. .......® ......._ ¢..... -. _....+ _- _.A- ..-_..;.... .... _.'L ..-...-..,..... -...
........ -_.- ..........,..+.. Y----- - - - --- -- - .., - - - - -. ... -..... .
1 1
! !
1
Cr Iv "IIIIWI W1211.L.191 lAYEYWILI'+6dllll1 61111.1 lll■Y..IJdllim dllll '9.eJ I111 i,1_Iill. al'f.1L-..-11..Y.y ...
W.f - • -- .. ------ • ---- •- • - ' • ---- •- • ------ -'---- ----• __ .�..----®.. --- -- -- -----:.. _. 1 J . . L . a--
.ti------- •-------.-_Lz�i- .-.----.- . ---. .L ------ ---. - .-- .--L._....------ -.. /��A .�.
IJC
L - •_-• m 1B1 I.r 11'A1i 1111111 YJd 11'rll,'i_+1:11 .. 1i11..Wi.1J ..--.11-_........f.....:1..... ... r••-: ........... ..... .. T...
z 11... J9. _Q�11 .
Y t
.A— ------- • •--• ---L .i.__ .. ..
...---------------------------- ----------•-•---L.------•------. .L------•-----..11--_...---.... ..
Z; s
...............:.....-............ - ---------.
• 11.. ■J 1.11 Y..11li .... ..--------------
------------------------- •----...—.,.... .. . ..
Il. 1[®:11 II1 f1IJi11 .. ...... ..ti-------------
-------------------- ...... .L._....,.� .�..
C '
••' ... m •-I1m 1�I1111 r1 iY.. Yir �1yi 11".Illt till'IIa1B i11'IA1rifl1I I91}Ilii-1111 Am}}I111 r+
1 C V
!••--1111L9"II"11`1■ IIIYY JTR m.. IIIY11.I311Li11111 ■I11111 Jd 1'Id+11Y m.4!Alll 1. I1111
- C f.7 N �•
•�I a _ s 1.I 1 i �. .�.
r,: ! *'I 11 r'i■f IIIIf 9d1Y IIIYIr AI"l rl l 11!1111-WIIA Im r•
_.._ .. __...+•f . ----- -r-- _..:--- • ----- -- A- - ..... r/ ...
G Ar�Yr — LL
. ...... _..... _. g .. ---- ------- ---- - ----
........-~_ff --` ---- • • --- .-.. -4,.
•E••I111 i•IJ 1.e 11 _.- -- Ira - y• •_• _ 1 1 ......
`Lm. {3�: i +cc-"IN
c
• I'-- E E L-.*- Id 1 A 1 1 E 4V 4 'IJ` 1
C f�
1�1A C �
C
is
-------------
—
A1•,m'111J1L11'11�° r& � � .� � � !1 1■A!1
# � �• •11 rr e91e IOL •� � eler_■11u.. .... _.
•----•-----
Na ..
� a
o& .. --- .- . ---- .. ro. -- ------ - -- - ------ ------ .
- -- ---------------- • -• ----- 0 �a
. . �.1.. ...--..._ Q ... ........... ----------
1
•-�•- , qr {III.ILIIIi51Id 1I1}A1'Id ldli..�1111 L.t 11111 ..11 ... .. _.
- •--••�r =L �• �, 11 :I11Io11 i�. 11 LL 11e11.�.ddlllfl x1Y11m1..L1IE11T+1111 ...i1t119I:111
- Y• '� Ili11.... ...................1..11111E .........................
•--9.i-•a •!e 3 1i iIIF III'1-itlla 11111 Lr 11i1Ir1.1.1I1"11I L91111 r�11111-.IIilr'-IIIII
Ti yi6j •4
• ••r zu . l �• •911.. L'11 11 e® A1eA All Ylel" e'1AAY'f-Y EEIIl±A1e1'1WIm111}.!! "...... a.......
CL
•— •LyT7$C V�L-•nail .-.'.11ie111ia1` ll lelill, 11111,11r■ 11•AI914 il�lnlr AN 11-11111
- r :mi�ai• =
1 1 I
in—
e I
e
Lx lINU.il11b- LLLLL1 L LLLL Ll11 illl11 ill
v o 0 0 0 0 0 o a o o c o� r- r- M. o 0 o a D 0 0 0 0
T r T �+ � 1+ r r r r r r r r r r r ,• +r r rt� >+ rt� +� r
Q crr M CO r ■ • r r r r r r r
■
fm
r w r r r r r r Ar r r
1—
i 1 ■ ■ ■ •r 7 r Q r r r ■ r ■ r
r r r r r r r h1 [
� �� d G O G �7 � p 40 0 p a
lift 1�ti r yh� ram• �+ Mr r r 8 r'_ P.r !V ! i !V
e
o'VLAJ
r
06 Al 1 IN
CL
� I �_
I
cN I I
C , I
1
a 4
+ 4le u 0 ! +1 �A
C
L 3 0
c0 ° CL
ate
a .1; — � a
� if c C m CL
e M e
c E m
a + a a �
to
_ ;F 01
.3 p
0 i
0 z 0 m a ct c as w a a 0 1 a u a m 0 w aM�
?L 3 E T$ Lon a Iwo al c, a wo TL0 0 tQ a 7Lo
0 0 O Q d Q d Q r r r
S r r r r r
I r r r r r r r r r r r r r r r r r r
c c c c c
2
M C
L)
•
a� •
N
N
F K
Contract for on Call Professional Engineering Services 6-DS Ce-,A,6t r
THIS Contract (The AGREEMENT) EEME1 T) made and entered into this day of
Zoo * by and between Monroe county} a political subdivision of the State of Florida,
whose address is 1100 Simonton Street} Ivey west Florida, 33040, its successors and
assigns hereinafter referred to as the '[,COUNTY," through the Monroe County Board of
County Commissioners (Bo C ), the Owner
And
ADA Engineering a Corporation of the State of Florida, whose address is 8550 NW 33rd
Street, Suite 101, Moral Florida, 33122, its successors and assigns, hereinafter referred to
as "'CONSULTANT"".
w IT E ETH:
WHEREAS, COUNTY desires to employ the professional engineering s ery ices 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, o0
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 on an annual basis two consecutive
times.
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 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 I
1 a 1 REPRESENTATIONS AND WAR Al TIE
By executing this Agreement, the 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 tin t i l the
CONSULTANT'S ditties herewider have been satisfied,
1.1.2 The CONSULTANT has become familiar with the project site and the local
conditions Linder which the project is to be designed, constructed, and operated:
1.1.3 The CONSULTANTshall prcpare all documents required by this Agreement
including, but not limited to, all contract plans and spccifi cations. 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 s rlf f is ient to accomplish the purposes of
the Protect, therefore, eliminating any additional construction cost duc to missing
or incorrect design elements in the contract. documents:
1.1.4 The CO NS U urA NT 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 shill 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
such services, including those now in effect and hereinafter adopted. Any
violation of said statLIMS, ordinances, rules and regulations shall constitrlte a
material breach of this agreement and shall entitle the COUNTY to terminate this
agreement immediately upon delivery of written notice of termination to the
CONSULTANT.
1.1 +6 At all times and for 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 other of his/her
employees, contractor;, 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 based on race,
creed, color; national origin, sex, age or any other characteristic or aspect which is
not related, in its recruiting, hiring, promoting., terminating, or other area affecting
employment cinder this agreement or with the provision of services or goods
Linder this agreement.
ARTICLE II
SCOPE of BASIC SERVICES
.1 I 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. These services will i reel LLde, but not be
limited to:
A. Provide comprehensive transportation engineering design services for
road and bridge construction and rehabilitation projects, including
design, Surveying* drafting, preparing specifications and contract
documents, traffic studies, lighting and signalization} geotechnical
investigations, permitting, assisting with review of contractor bids,
comprehensive project management services, and construction
engineering and inspection services.
B . Provide comprehensive stormwater and drainage engineering services
including design* surveying, feasibility studies, geotechnical
investigations, permit preparation, preparing construction plans,
spec i ficat ions and contract documents, assisting with review of
contractor kids, comprehensive project management services and
collstruct i on engineering and inspection services.
C. Provide comprehensive environmental engineering services including
design, surveying, geotechnical investigations., environmental
assessments, water quality studies, sampling analysis and monitoring,
permit preparation, preparing construction plans, specifications and
contract docurn ent s+ assisting with review of contractor bids,
comprehensive project management services and construction
engineering and inspection services.
D. Provide comprehensive strudl.tra 1 engineering services including
design, surveying, facility inspections and assessments, preparing
construction plans, specifications and contract documents, permitting,
construction administration related to new construction, construction
improvements, rehabilitation and/or retrofit of Counter facilities and
buildings.
E. Provide general engineering services including but not limited to
surveying, drafting} studies and assess-ments* engineering design,
preparation of hid and proposal documents, permitting, assistance with
technical review of contractor documents, construction engineering
and inspection set -vices for miscellaneous County projects.
2* 1,2 The CONSULTANT shall be responsible for performing in accordance with all
applicable Florida Department of Transportation (FDOT) manuals, procedures,
specifications and guidance for all Local Agency Program (LAP) projects. when
a Project is funded through the Arncrica Recovery and Reinvestment Act of 2009
(ARIA) and will be administered under the Florida Department of
Transportations' Local Agency Program LAP), the CONSULTANT must be
familiar with and must comply with all applicable federal, state and local
requirements of these programs. The CONSULTANT shall exercise their
independent professional judgment in performing their- obligations and
responsibilities under this Agreement. Pursuant to Section 4.1.4 of the Florida
Department of Transportation's, Construction Project Administration Manual
( PAM), the authority of the Consultant's lead person} such as the Senior Project
Engineer, and theConsultant's Project Administrator shall be identical to the
Department's Resident Engineer and Project Administrator respectively and shall
be interpreted as such.
2*2 CORRECTIONS of E ROR 9 OMMISSIONS9 DEFICIENCIES
..1 The CONSULTANT shall} without additional compensation, promptly correct
errors* omissions, deficiencies, or conflicts in the work product of the
CONSULTANT or its subconsultants+ or both.
2.3 NOTICE REQUIREMENTS
.3.1 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 prepaid, to the COUNTY by certified nail, return receipt requested, to
the following:
Ms. Judith Clarke, P.E.
Monroe County Engineering Services
1100 i monton St. lam -216
Key west, FL 33040
And:Mr. Korman Gastesi} Jr.
County Administrator
1100 Simonton Street
Ivey West, FL 33040
For the Consultant;
Alberto D. Ar udi n, P.E., C C
85 50 NW 3 3rd S trees, Seri to 10 r
Dora] Florida} 33122
ARTICLE III
ADDITIONAL SERVICES
3.1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the COUNTY as provided in this agreement as an addition to the
compensation paid for the Basic Services but only if approved by the COUNTY before
commencement, and as follows. -
A. Providing services of CONSULTANT for other than the previously listed
consulting scope of Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not
cus to rnaril y furnished in accordance with generally accepted consulting
practice.
C. Providing representation before public bodies in connection with the Project}
upon approval by the COUNTY.
3.2 If Additional Services are required, such as those listed above} the COUNTY shall
issue a letter requesting and describing the requested services to the CONSULTANT.
T.
The CONSULTANT shall respond with fee proposal to perform the requested services.
Only after receiving an amendment to the Agrcement and a notice to proceed from the
COUNTY, shall the CONSULTANT proceed with the Additional Services.
ARTICLE IV
OLTY ' RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the project
including physical location of work, county maintained roads and maps.
4.2 The COUNTY shall designate Monroe County Engineering Services Department
to act on the COUNTY'S COUNTY'behalf with respects to the project. The COUNTY or Monroe
County Engineering Services Department shall render decisions in a timely manner
pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable
delay in the orderly and sequential progress of the CONSULTANTS services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or
nonconformance with the Agreement Documents. written notice shall be deemed to have
been du I y served i f sent pLa rsuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Consultants services and work of the contractors.
4.5 The COUNTYS review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such doctrments are
generally consistent with the COUNTY'S criteria, as, and if, modified. No review of .such
documents shalt 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.
A1TILE v
INDEMNIFICATION AND HOLD HARMLESS
5,1.1 The CONSULTANT covenants and agrees to indemnify and hold harmless
COUNTY/Monroe County and Monroe County Board of County Commissioners
from any and all claims for bodily injury, including death, personal injury, and
property damage, including property owned by Monroe County, -and any other
losses, darnages# and expenses, including attorney's fees, court costs and
expenses, which arise out of, in connection with, or by reason of services
provided by the CONSULTANT or ubcontractor(,O in any tier, occasioned by
the negligence, errors, or other wrongful act or omission of the CONSULTANT
in any tier, their employees, or agents.
5.1.2 The first ten dollars ( [0.00) 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 held the COUNTY harmless and shall indemnify him from all losses
occurring thereby and ,shall further defend any claim or action on the oU NTY'
behalf.
5.1 t3 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 frorn such delays. Should any
claims he asserted against O U NT 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'behalf.
5.1.4 The extent of liability is in no way limited to, reduced or lessened by the
insurance requirements contained elsewhere within the Agreement.
.1This indemnification shall survive the expiration or early termination of the
Agreement,
ARTICLE V1
PERSONNEL
6A 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 perfornn those functions as indicated:
iei-15,
FUNCTION
b Cp ; M _I
S M�` - i
o 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
PAYMIENTS
7,1 PAYMENT SUM
?* 1, I 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 Exhibit B.
7,2 PAYMENT'S
7.2* 1 For its assumption and performances of the duties, obligations and responsibilities
set forth herein, the CONSULTANT shall be paid monthly.
(A) If the ONSULTANT* duties, obligations and responsibilities are
materially changed by amendment to this agreement after execution of this
Agreement, compensation dire to the CONSULTANT shall be equitably
adjU.Sted, either upward or downward;
(13) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit irronth lyt unless otherwise agreed in writing
by the COUNTY, an invoice to the COUNTY requesting payment for
services properly rendered and reimbursable expenses dire hereunder-. The
CONSULTANT'S invoice steal i describe with reasonable part is U 1 ari ty tile
service rendered. The CONSULTANT'S invoice shall be accompanied by
sLrch documentation or data in support of expenses for which payment is
sought that the COUNTY may r-egUire,
( ) For the performance of the optional additional services and Contingent
additional services described in Article III of this contract, provided sane
are first authorized in writing by the COUNTY, the CONSULTANT shall
be paid hourly at the rates identified in Exhibit B. or as negotiated.
7.3 REIMBURSABLE EXPENSES
7..1 Reimbursable expenses include expense, incur -red by the CONSULTANT in the
interest of the Pro'
ect:
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
1 12.061 t FloridaStatutes'.
b. Cost of reproducing maps or drawings or other materials used in performing
the scope of services,
c. Postage and handling of reports!
7,41 The CONSULANT may not be entitled to receive, and the COUNTY is not
obligated to pay, any fees or expenses in excess of the arxroUnt budgeted for this
Agreement in each fiscal year (October 1 R September 30) by COUNTY' S Board
Of COL111ty COMMSSioners. The budgeted amount may only be modified by an
affirmative act of the COUNTY'S Board of County Commissioners.
7,4,2 AVAILABILITY of FUNDS, If funding cannot be obtained or cannot be
continued at a level sufficient to allow for continued reimbursement of
expenditures for services specified in the Task Order, the agreement may be
terminated immediately at the option of the COUNTY by written notice of
termination delivered to the CONSULTANT. The COUNTY shall not be
obligated to pad' for any services provided by the CONSULTANT after the
CONSULTANT has received written notice of termination, unless otherwise
required by law.
7.4.E The COUNTY does not guarantee CONSULTANT any specific amount of work
or task orders under this agreement.
ARTICLE VIII
F 1 INSURANCE
8.1,1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion
of the project (to include the work of others) is delayed or suspended as a result of
the CONSULTANTS failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased
expenses resulting from such delay.
8.1.2 The coverage provided herein shall be provided by an insurer with an A.M. B es t
Rating of VI or better, that is licensed to do business in the State of Florida and
that has an agent for service of process within the Mate of Florida, The insurance
certificate 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.
8.1.E CONSULTANT shalt obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the Mate of Florida,
sufficient to respond to Chapter 440, Florida Statutest
B . Employers Liability Insurance with Ii rn i is of $1,000,000 per Accident,
1,0 ,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 anchor damages to property of
others arising from use of motor vehicles, including ons ite and offsite
operations, and owned} hired or non -owned vehicles, with One Million
Dollars (1,000}000. oo) combined single limit and One Million Dollars
( 1,000,0 0.00) annual aggregate.
9
D. Commercial general liability, including Personal Injury Liability insurance
coveting 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
ally of its employees. agents or subcontractors or subconsultants3 including
Premises and/or Operations. Products and Completed Operations, Independent
Contractors; Broad Form Property Damage and a Contractual Liability
Endorsement with One Million Dollars ( 1,000,000) per occurrence Wid
an n Ual 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
elairns tiled on or after the effective date of this Agreement. In addition, the
period for which they may be reported niust extend for a ixliniMUni of 4
months following the termination or expiration of this Agreement.
E. Professional liability insurance of One Million Dollars ( 1 #000,000.00) per
claim and Two Million Dollars ( ,000,0oo.00) annual aggregate4 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
CONSULTANTS liabilities hereunder in insurance coverage identified in
Paragraphs C and D.
G . CONSULTANT shall require its subcons a It ants 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
s-ubConsLfltants.
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 by including any subsection hereunder. The COUNTY
reserves the right to require a certified copy of such policies upon request.
1. If the CONSULTANT participates in a sell' -insurance fund, a Certificate of
Insurance will be required. In addition, the CONSULTANT may be required
to ,submit updated financial statements from the fiend upon request from the
COUNTY.
8*2 APPLICABLE LAW
This contract is governed by the laws of the State of Florida. Venue for any litigation
arising tinder this contract must be in Monroe County. Florida.
ARTICLE I
MISCELLANEOUS
911 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and that it is agreed that such section headings are not a part of this
Agreement and will not be use in the interpretation of any provisions of this Agreement.
9,2 OWNERSHIP of THE PROJECT DO UMEENT
The documents prepared by the CONSULTANT for this Project belong to the COUNTY
and fray be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
93 SUCCESSORSAND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this Agreement
except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County and the CONSULTANT, which approval shall be
subject to such conditions and provisions as the Board may deem necessary. This
paragraphshall be incorporated by reference into any assignment or subcontract and any
assignee or subcontractor shall comply with all of the provisions of this Agreement.
Ub ject to the provisions of the immediately proceeding sentence, each party hereto binds
itself, its successors, assignees and legal representatives to the other and to the
successors, assigns and legal representatives of such other party, The CONSULTANT
shall not assign its right hereunder} excepting its right to payment, nor shall it delegate
any its
s duties hereunder without thout the written consent of the COUNTY.
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 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
Y
written notification to the CONSULTANT.
B. The County may terminate this Agreement without cause by giving the other party
y
sixty (60) days written notice of its intention to do so,
9,6 CONTRACT DOCUMENT
The contract documents consist of the Request for Qualifications (RF )t any addenda,
the Form of Agreement (Articles l- v ), the CONSULTANTS response to the R F , the
documents referred to in the Farm of Agreement as a part of this Agreement, and the
attachments A and Exhibit B and modifications made after execution by written
amendment. In the event any conflict between any of those Agreement documents. the
one imposing the greater burden on theCONSULTANT will control.
9,7 PUBLIC ENTITIES CRIME
A person or affiliate who has been place 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 s U bm it bids on
leases of real property to public entity, Ynay not be awarded or perform work as a
contractor, supplier. subcontractor} or consultant ender a con tract with any public entity,
and may not transact bL[Siness with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida StatLlte.S, 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 ex eWt ion of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida
tatutes), violation of this section shall result in termination of this Agreement and
recovery of all moneys paid hereto, and may result in debarment from COUNTY*
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 s ubcons ultant has committed an act
defined by Section 287.133. as Ap `public entity crime", and that it has not been formally
charged with committing an act defined as a ;.public entity crime" regardless of the
amount of money involved or whether CONSULTANT has been placed on the convicted
vendor list.
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 tinder this Agreement in accordance with generally accepted accounting
principles consistently applied. Records ,shall be retained for a period of five years from
(lie termination of this Agreement. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each ether
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 pursriant to this
Agreement were spent for purposes not authorized by this Agreement, the
a
CONSULTANT shall repay the monies together with interest calculated pursuant to Sec.
3, F , running from the date the monies were paid to County.
9,,9 GOVERNING LAW, ENUE� INTER PERTATION9 COST AND FEES
This Agreement shall be go veined by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be perforated 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 andCONSULTANT agree
that venue will lie in the 16 TH Judicial Circuit, Monroe County, Florida* in the
appropriate court or before the appropriate administrative body in Monroe County,
y
Florida. This Agreement shall not be subject to arbitration. The County and
CONSULTANT agree that# in the evert of conflicting interpretations of the terms or a
term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
g
.10 SE E ABILITY
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 prevision that comes as close as possible to the intent of the stricken provision.
9.111 ATTo NE V'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 and court costs expenses, as an award against the non-
prevai l ing party, and sh all include attorney s fees and courts costs expenses in appellate
proceedings, as an award against the non -prevailing party. 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 b the
circuit court of Monroe County.
� y
9,12 BINDING EFFECT
The terms} covenants, conditions, and provisions of this Agreement shall hind and inure
to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and assigns.
P g
13
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 iss LIes are still riot 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 lave. 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
he required to enter into any arbitration proceedings related to this Agreement.
9.17 NON DISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against a n y
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automat i ca l 1 Y terminates
without any further action on the part of any party} effective the date of the corirt order.
CONSULTANT and COUNTY agree to comply with all Federal and Florida statutes.
and all local ordinances, as applicable, relating to nondiscrimination. These include but
are not 1 i inited to: 1) Title VI of the Civil ights Act of 196 (PL 8 S -3 5 2) which
prohibits discrimination on the basis of race, color or national origin; ? ) Title IX of the
. , 1681-16S and 1685-16 6).
Education Amendment of 1972, as amended (20 USA ss. f
which prohibits discrimination on the basis of sex, 3) Section 504 of the Rehabilitation
Act of 1973, as amcnded (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 U C ss. 6101-6107)
which prohibits discrimination on the basis of age; The Drag Abuse Office and
Treatment Act of 197 (PL -2 ), as amended, rclating to nondiscrimination on the
basis of drug abuse; ) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (FL 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 90ee-3)} as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title v III of the
Civil Fights 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 U C s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) 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 ENANT 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.
919 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 11 .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 relationshi f and
T Y
disclosure or use of certain information.
9,20 NO SOLICITATIONMAYMENT
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, percci-itage,
gift, or consideration.
}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 conjunction 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 governrrieirt
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 req U i red to
contain any provision for waiver.
9,23 PRIVILEGES AND IMMUNITY
IT
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 cxtent to the performance Of SLIch functions and ditties 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 Ditties. This Agreement is not intended to.
nor shall it be construed as, relieving any participating entity froin any obligation or
responsibility imposed Upon the entity by law except to the extent of actual and timely
performance thereof ` by any participating enl ity, 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 cons trued as, authorizing the delegation of the cans t itut io rY a1 or
statutory duties of the COUNTY, except to the extent permitted by the Florida
a
constitution, state statute, and case law.
9,25 NON -RELIANCE E BY NON-PARTIES
16
No person or entity shall be entitled to rely upon the terms, or any of then, 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 theP
community in general or for the purposes contemplated in this Agreement.
9,26 ATTESTATIONS AND TRUTH III NE OTATION
CONSULTANT agrees to execute such documents as the COUNTY may reasonably
require including a Public Entity Crime Statement, are 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 significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit co.s is . A 1 l such ad*ustrnents must be made within one year fol loin i n the end
of the g
Agreement.
9,27 NO PERSONAL LIABILITY
o 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.
*28 EXECUTION Ili 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 small constitute one and the same
instrument and any of the parties hereto may execute this Agreement by singing y sin in an such
counterpart*
9,29 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS
Following forms and provisions are incorporated in and made part of this Agreement.
9.9.1 Davis -Bacon Act — In accordance with the Davis -Bacon Act the Consultant or
their subcontractors shall pay workers employed directly upon the site of the work
no less than the locally prevailing wages and fringe benefits paid on projects of a
similar character. The current gage rates can be found at:
W VVW . access" o. Rov/da v i sbacon/fl.html under Monroe County.
} Americans with Disabilities Act of 1990 (ADA) The CONSULTANT will
comply with all the requirements as imposed by the ADA, the regulations of the
Federal government issued thereunder} and the as sty rance by the CONSULTANT
pursuant thereto.
9,29-3 DISADVANTAGED BUSINESS ENTERPRISE (DBE)POLICY AND
OBLIATIN
It is the policy of the COUNTY that DBE } s, as defined in C.F.R. Part 264 as
amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in Fart with COUNTY funds under this Agreement. The
DBE requirements of applicable federal and Mate 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 the 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 DBE* s have the opportunity to compete 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.
.29.4 CONVICT LABOR
The convict labor prohibition in 23 U.S.C. 114 applies to Federal Aid
construction projects. Convict labor cannot he used for Federal Aid construction
•
projects.
9.2 ,5 FHWA Form 1273 is attached hereto as Attachment A and made a part of this -
Agreement.
IN WITNESS WHEREOF, each party caused t his Agreement to he executed by its d L11 y
authorized representative on the Try and year first above written.
iFAttesVQANNY L. KOLHAGE, Clerk
r:
By.
�ep Cterk
DEC 1 6 2009
harp)
BOARD of COUNTY COMMISSIONERS
OF MON ROE COUNTY, FLORIDA
By:
1 ayor/ ai rrnan
18
w___oo f ;
(Seal)CONSULTANT
Attest:
By:
L13 e , A WIT 104
Title: gi,i. :E._.._.._.._.
WITNESS
B+''
i
WITNESS
END OF AGREEMENT
19