Item C15BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 20, 2011 Division: Administrator_________________
Bulk Item: Yes X No Department: _Engineering________________
Staff Contact Person/Phone #: Judy Clarke X4329
AGENDA ITEM WORDING:
Approval to advertise a Request for Qualifications (RFQ) for
Engineering Design and Permitting Services for the No Name Key Bridge Repair Project.
ITEM BACKGROUND:
Florida Department of Transportation (FDOT) agreed to provide funding
for the design and construction of repairs to No Name Key Bridge (#904320). FDOT will provide
75% or $3,480,750 of the cost and the County will provide 25% or $1,160,250 match.
The County requires engineering design and permitting services for the project. The existing
professional engineering continuing services contracts cannot be utilized when construction costs are
anticipated to exceed $2,000,000.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved Resolution 241-2009 making bridge
repair a County priority at the August 2009 meeting.
CONTRACT/AGREEMENT CHANGES:
Not Applicable
__________________________________________________________________________________
STAFF RECOMMENDATIONS:
Approval as stated above.
TOTAL COST: INDIRECT COST: _________BUDGETED:
$800n/a Yes X No ___
DIFFERENTIAL OF LOCAL PREFERENCE: ____________________________
not applicable
COST TO COUNTY:SOURCE OF FUNDS:
$800 Fund 102__
REVENUE PRODUCING:AMOUNT PER MONTHYear ____
Yes No X
APPROVED BY:
County Atty OMB/Purchasing Risk Management ____
DOCUMENTATION:
Included X Not Required____
DISPOSITION:AGENDA ITEM #
Revised 7/09
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR QUALIFICATIONS FOR
ENGINEERING DESIGN AND PERMITTING SERVICES
FOR THE NO NAME KEY BRIDGE REPAIR PROJECT
MONROE COUNTY
FLORIDA
BOARD OF COUNTY COMMISSIONERS
Mayor, Heather Carruthers, District 3
Mayor Pro tem, David Rice, District 4
Kim Wigington, District 1
George Neugent, District 2
Sylvia Murphy, District 5
COUNTY ADMINISTRATOR CLERK OF THE CIRCUIT COURT
Roman Gastesi, Jr Danny L. Kolhage
July 2011
PREPARED BY:
Monroe County Engineering Services Department
RFQ for Engineering Design for No Name Key Bridge Repair Project
NOTICE OF REQUEST FOR QUALIFICATIONS
NOTICE IS HEREBY GIVEN TO INTERESTED PERSONS , 2011 at 3:00 P.M.
that on at the
Monroe County Purchasing Office,the Board of County Commissioners of Monroe County, Florida, will
open sealed responses for the following:
ENGINEERING DESIGN AND PERMITTING SERVICES
FOR THE NO NAME KEY BRIDGE REPAIR PROJECT
MONROE COUNTY, FLORIDA
The Board of County Commissioners of Monroe County, Florida hereby requests, pursuant to Sec.
287.055, Florida Statutes, sealed letters of interest and statements of qualifications from engineering firms
or individuals experienced in professional engineering and related services including design, studies,
assessments and project administration for miscellaneous County projects.
Requirements for submission and the selection criteria may be requested from DemandStar by Onvia by
www.demandstar.com
calling 1-800-711-1712 toll-free or by going to the website or
www.monroecountybids.com
. The Public Record is available at the Purchasing Office located at The
Gato Building, 1100 Simonton Street, Room 1-213, Key West, FL 33040. All inquiries or requests should
in writing
be directed, , to Judy Clarke, P.E., Director of Engineering Services, 1100 Simonton Street, Key
West, FL 33040 or via facsimile to (305) 295-4321. All answers will be by Addenda.
a total of seven (7),wo
Interested firms or individuals are requested to indicate their interest by submitting t
(2) signed originals and five (5) complete copies,
of their Statement of Qualifications in sealed envelope
"Statement of Qualifications –
clearly marked on the outside, with the Respondent's name and
Engineering Design and Permitting Services for the No Name Key Bridge Repair Project, Monroe
County, Florida"
addressed to:
Monroe County Purchasing Office
1100 Simonton Street, Room 1-213
Key West, FL 33040
Phone: (305) 292-4466
Fax: (305) 292-4465
The areas of consideration for selecting the most qualified firm/individual for the project include but are
not limited to:
Recent experience of individuals and firms on projects of similar scope and size
Organization
Project Approach
Past performance record
Office location
Monroe County experience
RFQ for Engineering Design for No Name Key Bridge Repair Project
Only those firms or individuals submitting statements of qualifications that meet the specified requirements
will be considered regardless of past contracts with Monroe County or other agencies.
All Responses must be received by the County Purchasing Office before 3:00 P.M. on , 2011
. Any
Responses received after this date and time will be automatically rejected. Materials may be delivered by
Certified Mail, Return Receipt Requested, hand-delivered or couriered. Faxed or e-mailed Responses will
be automatically rejected. Hand delivered Responses may request a receipt. If sent by mail or by courier,
the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address
stated above. Responders should be aware that certain "express mail" services will not guarantee specific
time delivery to Key West, Florida. It is the sole responsibility of each Responder to ensure its proposal is
received in a timely fashion.
All submissions must remain valid for a period of ninety (90) days from the date of the deadline for
submission stated above. The Board will automatically reject the Response of any person or affiliate who
appears on the convicted vendor list prepared by the Department of Management Services, State of Florida,
under Sec. 287.133(3)(d), Florida Statutes. Monroe County declares that all or portions of the documents
and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the
County.
Interested firms or individuals will be evaluated and selected under the competitive selection procedure of
Florida Statute 287.055. In accordance with Florida Statute 287.055(4)(b). Please do not submit proposals
for compensation.
A Selection Committee will be developed and will meet in a noticed public meeting to review all qualified
Responses received. The Committee will rank the Responses in order of preference and make a
recommendation to the County Commission to negotiate a contract with the preferred persons/firms.
Should the County Commission so direct, and a mutually satisfactory agreement cannot be reached
between staff and the recommended persons/firms, then staff will negotiate with the next preferred
person/firm and so forth. When staff has agreed with the person/firm upon a mutually satisfactory contract,
the contract will be brought before the County Commission for final approval. No binding contract is
created between any person/firm and the County until such time as a contract is approved by the County
Commission.
Monroe County’s performance and obligation to pay under this contract is contingent upon an annual
appropriate by the Board of County Commissioners.
The Board reserves the right to reject any or all Responses, to waive informalities in any or all Responses,
to re-advertise the Request for Qualifications (RFQ); and to separately accept or reject any item or items
and to award and/or negotiate a contract in the best interest of the County.
Dated at Key West this day of , 2011.
Monroe County Purchasing Department
RFQ for Engineering Design for No Name Key Bridge Repair Project
TABLE OF CONTENTS
NOTICE OF REQUEST FOR QUALIFICATIONS
SECTION ONE Instructions to Respondents
SECTION TWO Draft Contract
SECTION THREE County Response Forms
RFQ for Engineering Design for No Name Key Bridge Repair Project
SECTION ONE
INSTRUCTION TO RESPONDENTS
1.01 DESCRIPTION
No Name Key Bridge, #904320 is a 2,232 foot long structure that spans Bogie Channel
between Big Pine and No Name Keys in Monroe County. It was constructed in 1967 and
provides the only means of access to the 42 homes on No Name Key. The October, 2010
inspection report indicates that the sufficiency rating is 36 and that the bridge is
structurally deficient.
The County requires the services of a firm or individual to develop the design of
necessary repairs to the bridge, obtain required permits, and prepare construction
documents. The project will be funded through a Joint Participation Agreement (JPA)
with the Florida Department of Transportation (FDOT). The engineering design will
conform to FDOT design standards and specifications.
1.02COPIES OF RFQ DOCUMENTS
A. Only complete sets of RFQ documents will be issued and shall be used in preparing
responses. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
B. Complete sets of RFQ documents may be obtained in the manner and at the location
stated in the Notice of Request for Qualifications.
1.03 DISQUALIFICATION OF 0RESPONDENT
The following forms shall be submitted along with the response to RFQ, and signatures
shall be current and all forms shall be dated within thirty days of the date of submission
as described in Section 1.08B herein.
A. NON-COLLUSION AFFIDAVIT: Any person submitting a response to this
invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is
discovered that collusion exists among the Respondents, the responses of all
participants in such collusion shall be rejected, and no participants in such
collusion will be considered in future proposals for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not
submit a response, bid or proposal on a contract to provide any goods or
services to a public entity, may not submit a response, bid or proposal on a
contract with a public entity for the construction or repair of a public building
or public work, may not submit responses, bids or proposals on leases 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
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RFQ for Engineering Design for No Name Key Bridge Repair Project
entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list. Category Two: $25,000.
C. DRUG-FREE WORKPLACE FORM: Any person submitting a response, bid or
proposal in response to this invitation must execute the enclosed DRUG-FREE
WORKPLACE FORM and submit it with his response,bid or proposal. Failure
to complete this form in every detail and submit it with your bid or proposal
may result in immediate disqualification of your response,bid or proposal.
D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person
submitting a response,bid or proposal in response to this invitation must
execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE
and submit it with his response,bid or proposal. Failure to complete this form
in every detail and submit it with the response, bid or proposal may result in
immediate disqualification of the response, bid or proposal.
1.04 EXAMINATION OF RFQ DOCUMENTS
A. Each Respondent shall carefully examine the RFQ and other contract documents,
and inform himself thoroughly regarding any and all conditions and requirements
that may in any manner affect cost, progress, or performance of the work to be
performed under the contract. Ignorance on the part of the Respondent will in no
way relieve him of the obligations and responsibilities assumed under the
contract.
B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, he shall at once notify
the County.
1.05 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the RFQ
documents. Any written inquiry or request for interpretation received ten or more
calendar days prior to the date fixed for opening of responses will be given consideration.
All such changes or interpretation will be made in writing in the form of an addendum
and, if issued, will be furnished to all known prospective Respondents prior to the
www.demandstar.com
established proposal opening date on the website or
www.monroecountybids.com
. Each Respondent shall acknowledge receipt of such
addenda in the space provided therefore in the RFQ form. In case any Respondent fails
to acknowledge receipt of such addenda or addendum, his response will nevertheless be
construed as though it had been received and acknowledged and the submission of his
response will constitute acknowledgment of the receipt of same. All addenda are a part
of the contract documents and each Respondent will be bound by such addenda, whether
or not received by him. It is the responsibility of each Respondent to verify that he has
received all addenda issued before responses are opened.
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RFQ for Engineering Design for No Name Key Bridge Repair Project
1.06 GOVERNING LAWS AND REGULATIONS
The Respondent is required to be familiar with and shall be responsible for complying
with all federal, state, and local laws, ordinances, rules, and regulations that in any
manner affect the work. Knowledge of occupational license requirements and obtaining
such licenses for Monroe County and municipalities within Monroe County are the
responsibility of the RespondentRespondent will not be compensated under the contract
.
for changes necessitated by noncompliance with all federal, state, and local laws,
ordinances, rules, and regulations that in any manner affect the work.
1.07 PREPARATION OF RESPONSES
Signature of the Respondent: The Respondent must sign the response forms in the space
provided for the signature, signatures shall be current and all forms shall be dated within
thirty (30) days of the date of submission as described in Section 1.08B herein. If the
Respondent is an individual, the words “doing business as ____________”, or “Sole
Owner” must appear beneath such signature. In the case of a partnership, the signature of
at least one of the partners must follow the firm name and the words “Member of the
Firm” should be written beneath such signature. If the Respondent is a corporation, the
title of the officer signing the Response on behalf of the corporation must be stated along
with the Corporation Seal Stamp and evidence of his authority to sign the Response must
be submitted. The Respondent shall state in the response the name and address of each
person having an interest in the submitting entity.
1.08 SUBMISSION OF RESPONSES
A.Two signed originals and five copies of each response shall be submitted.
B.The response shall be submitted in a sealed envelope clearly marked on the
“Statement of Qualifications –
outside, with the Respondents name and
Engineering Design and Permitting for the No Name Key Bridge
Repair Project”
addressed to the entity and address stated in the Notice of
Request for Qualifications, on or before 3:00 P.M. local time
, 2011
on_______________. If forwarded by mail or courier, the above-
mentioned envelope shall be enclosed in another envelope addressed to the
entity and address stated in the Notice of Request for Qualifications. Faxed
or emailed statements of qualifications shall be automatically rejected.
Responses will be received until the date and hour stated in the Notice of
Request for Qualifications.
C. Each Respondent shall submit with his Response the required evidence of
his qualifications and experience.
1.09 CONTENT OF SUBMISSION
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RFQ for Engineering Design for No Name Key Bridge Repair Project
The proposal submitted in response to this RFQ shall be typed on 8-1/2” x 11” white
paper and unbound; shall be clear and concise and provide the information requested
herein. Statements submitted without the required information will not be considered.
Responses shall be organized and sections tabbed. The Respondent should not withhold
any information from the written response in anticipation of presenting the information
orally or in a demonstration, since oral presentations or demonstrations may not be
solicited. Each Respondent must submit adequate documentation to certify the
Respondent's compliance with the County's requirements. Respondent should focus
specifically on the information requested. Additional information, unless specifically
relevant, may distract rather than add to the Respondent's overall evaluation.
at a minimum
The following information, , shall be included in the Submittal:
A. Cover Page
Statement of Qualifications for Engineering Design and
A cover page that states “
Permitting Services for the No Name Key Bridge Repair Project
” The cover page
should contain Respondent’s name, address, telephone number and the name of the
Respondent’s contact person.
B. Tabbed Sections
Tab 1. Executive Summary
The Respondent shall provide a history of the firm or organization, and particularly
include projects that are similar in nature to the services requested in the RFQ.
Tab 2.Relevant Experience
The Respondent shall provide a project history of the firm or organization demonstrating
experience with projects that are similar in scope and size to the proposed Project,
including projects in Monroe County and projects with FDOT.
Tab 3.References and Past Performance on Similar Projects
Each Respondent shall provide a list of past projects and at least two written references of
a Florida local government or other governmental entities for which the Respondent has
provided the same or similar services during the past three years. Each reference shall
include, at a minimum:
Name and full address of referenced project and organization
Name and telephone number of Contact person for contract
Telephone number(s)
Date of initiation and completion of contract for referenced project
Brief summary of the project and services including a comparison to services sought
by this RFQ.
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RFQ for Engineering Design for No Name Key Bridge Repair Project
Tab 4. Project Approach and Management
The Respondent shall describe the approach and methodology he will take to accomplish
the necessary activities. The project approach should reflect a clear understanding of
project needs.
Tab 5. Staffing for this Project & Qualifications of Key Personnel
The Respondent shall describe the composition and structure of the firm (sole
proprietorship, corporation, partnership, joint venture) and include names of persons with
an interest in the firm.
The Respondent shall include a list of the proposed staff that will perform the work
required if awarded this contract. An organizational chart should be included in this
section. The Respondent shall also include a resume for each member of the project team
identifying his/her role on the team and any qualifications relevant to the assigned
position. Include in this section the location of the main office and the location of the
office proposed to work on this project.
The Respondent shall include a statement confirming whether or not he/she is claiming
local preference based on having local business status. ðÍÙÛÐ ÚÇÉÓÎ×ÉÉ means the
Respondent has a valid receipt of the business tax paid as issued by Monroe County tax
collector at least one year prior to the notice of request for bids or proposals for the
business to provide the goods, services or construction to be purchased, and a physical
business address located within Monroe County from which the Respondent operates or
performs business on a day-to-day basis that is a substantial component of the goods or
services being offered to Monroe County. Post Office Boxes are not verifiable and shall
not be used for the purpose of establishing a physical address. Respondents shall submit
a copy of their receipt of the business tax paid and also affirm in writing their compliance
with the foregoing at the time of submitting their bid or proposal to be eligible for
consideration as a “local business” under this section.
Tab 6. Financial Information and Litigation
The Respondent will provide the following information:
1. A list of the firm’s shareholders with five percent or more of the stock, or if a general
partnership, a list of the general partners; or, if a limited liability company, a list of its
members;
2. A list of the officers and directors of the firm;
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RFQ for Engineering Design for No Name Key Bridge Repair Project
3. The number of years the Respondent has been operating and, if different, the number
of years it has been providing the services, goods, or construction services called for in
the RFQ;
4. The number of years the Respondent has operated under its present name and any prior
names;
5. The following, including answers to the questions regarding claims and suits:
a. Has the Respondent ever failed to complete work or provide the goods for which it has
contracted?
b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding
against the Respondent, or its officers or general partners? If yes, provide details;
c. Has the Respondent, within the last five years, been a party to any lawsuit or
arbitration with regard to a contract for services, goods or construction services similar to
those requested in the specifications? If yes, provide details;
d. Has the Respondent ever initiated litigation against the county or been sued by the
county in connection with a contract to provide services, goods or construction services?
If yes, provide details;
e. Whether, within the last five years, an officer, general partner, controlling shareholder
or major creditor of the Respondent was an officer, general partner, controlling
shareholder or major creditor of any other entity that failed to perform services or furnish
goods similar to those sought in the request for bids; and
f. Credit references.
Tab 7.County Forms
Respondent shall complete and execute the forms specified below and found at the
designated pages in this RFQ, signatures shall be current on all forms, dated within thirty
days of the date of submission as described in Section 1.08B herein, and Respondent
shall include them in the section tabbed 7:
Form Page
Response Form 33
Lobbying and Conflict of Interest Clause 34
Non-Collusion Affidavit 35
Drug Free Workplace Form 36
Respondent’s Insurance and
Indemnification Statement 37
Insurance Agent’s Statement 38
Local Preference Form 39
Respondent shall produce evidence of proper licensing to perform the services described
herein. Copies of all professional and occupational licenses shall be included in this
section.
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RFQ for Engineering Design for No Name Key Bridge Repair Project
1.10 MODIFICATION OF RESPONSES
Written modification will be accepted from Respondents if addressed to the entity and
address indicated in the Notice of Request for Proposals and received prior to Proposal
due date and time. Modifications must be submitted in a sealed envelope clearly marked
“Modification to Statement of
on the outside, with the Respondents name and
Qualifications – Engineering Design and Permitting Services for the No Name Key
Bridge Repair Project”.
If sent by mail or by courier, the above-mentioned envelope
shall be enclosed in another envelope addressed to the entity and address stated in the
Notice of Request for Qualifications. Faxed or emailed modifications shall be
automatically rejected.
1.11 RESPONSIBILITY FOR RESPONSE
The Respondent is solely responsible for all costs of preparing and submitting the
response, regardless of whether a contract award is made by the County.
1.12 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened and read
aloud at the appointed time and place stated in the Notice of Request for Qualifications.
Monroe County’s representative authorized to open the responses will decide when the
specified time has arrived and no responses received thereafter will be considered. No
responsibility will be attached to anyone for the premature opening of a response not
properly addressed and identified. Respondent or their authorized agents are invited to be
present.
1.13 DETERMINATION OF SUCCESSFUL RESPONDENT
The County reserves the right to reject any and all responses and to waive technical errors
and irregularities as may be deemed best for the interests of the County. Responses
which contain modifications are incomplete, unbalanced, conditional, obscure, or which
contain additions not requested or irregularities of any kind, or which do not comply in
every respect with the Instructions to Respondent and the contract documents, may be
rejected at the option of the County.
A. Areas of consideration for selecting the most qualified firm or individual include
but are not limited to:
Recent experience on similar projects
Organization
Project Approach
Past Performance record
Office location
Monroe County experience
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RFQ for Engineering Design for No Name Key Bridge Repair Project
B. Each TAB section will be given points used to score and evaluate firms and
individuals. Should a Respondent meet the requirements of Local Preference in
Tab 4 he/she will be awarded 5 additional points in that Tab. The point structure
is as follows:
CRITERIA MAXIMUM POINTS
TAB 1 10
TAB 2 25
TAB 3 20
TAB 4 15
TAB 5 20 (25 if Local Preference requirements are met)
TAB 6 10
TAB 7 0
TOTAL 100 (105 if Local Preference requirements are met)
C. Following the receipt of responses, a committee will meet in a noticed public
meeting to review the responses. The committee will rank the submittals in order
of preference and make a recommendation to the County Commission to
negotiate contracts with the preferred respondents. If a mutually satisfactory
agreement cannot be reached with a particular respondent, staff will negotiate
with the next preferred respondent and so forth, as directed by the BOCC. No
binding contract is created between any respondent and the County until a
contract is approved by the County Commission.
1.14 AWARD OF CONTRACT
A.The County reserves the right to award separate contracts and to waive any
informality in any response, or to re-advertise for all or part of the work
contemplated. If responses are found to be acceptable by the County, written
notice will be given to the selected Respondent(s) of the award of the
contract(s).
B.If the award of a contract is annulled, the County may award the contract to
another Respondent or the work may be re-advertised or may be performed by
other qualified personnel as the COUNTY decides.
C.A contract will be awarded to the Respondents deemed to provide the services
which are in the best interest of the County.
D.The County also reserves the right to reject the response of a Respondent who
has previously failed to perform properly or to complete contracts of a similar
nature on time.
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RFQ for Engineering Design for No Name Key Bridge Repair Project
1.15 EXECUTION OF CONTRACT
The Respondents to whom a contract is awarded will be required to return to the County
four executed counterparts of the prescribed contract together with the required
certificates of insurance.
1.16 CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS
The Respondent shall be responsible for all necessary insurance coverage as indicated
below. The Respondent shall be responsible for ensuring that all coverages remain in
effect for the duration of the contract. Certificates of Insurance must be provided to
Monroe County fifteen days prior to the submission of the contract to the Board of
County Commissioners for the award of contract, with the Monroe County Board of
County Commissioners listed as additional insured as indicated. No contract shall be
awarded until Monroe County has received proof of insurance and that Monroe County
Board of County Commissioners is listed as the additional insured. If the proper
insurance forms are not received within the fifteen day period, the contract may be
awarded to the next selected Respondent. Policies shall be written by companies licensed
to do business in the State of Florida and having an agent for service of process in the
State of Florida. Companies shall have an A.M. Best rating of VI or better.
Worker’s Compensation Statutory Limits
Employers’ Liability Insurance $1,000,000 Accident
$1,000,000 Disease, policy limits
$1,000,000 Disease each employee
General Liability, including $1,000,000 Combined Single Limit
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Vehicle Liability $1,000,000 per Occurrence
(Owned, non-owned and hired vehicles) $1,000,000 Combined Single Limit
Professional Liability $1,000,000 per Occurrence
$2,000,000 Aggregate
Monroe County shall be named as an Additional Insured on the General Liability and
Vehicle Liability policies.
1.17 INDEMNIFICATION
Pursuant to 725.08, Florida Statutes, the Consultant covenants and agrees to indemnify,
hold harmless and defend Monroe County, its commissioners, officers, employees, agents
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RFQ for Engineering Design for No Name Key Bridge Repair Project
and servants from any and all claims for bodily injury, including death, personal injury,
and property damage, including damage to property owned by Monroe County, and any
other losses, damages, and expenses of any kind, including but not limited to attorney’s
fees, court costs and expenses, to the extent caused by the negligence, recklessness or
intentional wrongful conduct of the Consultant and other persons employed or utilized by
the consultant in the performance of the contract.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the 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. 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 the Consultant shall hold the County
harmless and shall indemnify it from all losses occurring thereby and shall further defend
any claim or action on the County’s behalf.
The first ten dollars ($10.00) of remuneration paid to the Consultant is consideration for
the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the contract.
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RFQ for Engineering Design for No Name Key Bridge Repair Project
SECTION TWO
DRAFT CONTRACT
Contract for Engineering Design and Permitting Services for the No Name Key
Bridge Repair Project
THIS Contract (The AGREEMENT) made and entered into this_______day
of______20_ by and between Monroe County, a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West Florida, 33040, its successors
and assigns hereinafter referred to as the “COUNTY,” through the Monroe County Board
of County Commissioners (BOCC), the Owner
And
________a ________________of the State of ___________, whose address is
_________________________________________________________ its successors and
assigns, hereinafter referred to as “CONSULTANT”,
WITNESSETH:
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
REPRESENTATIONS AND WARRANTIES
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 until the
CONSULTANT’S duties hereunder have been satisfied;
1.1.2
The CONSULTANT has become familiar with the Project site and the local
conditions under which the Project is to be designed, constructed, and operated;
1.1.3
The CONSULTANTshall prepare all documents required by this Agreement
including, but not limited to, all contract plans and specifications, in such a
manner that they shall be in conformity and comply with all applicable law, codes
and regulations. The CONSULTANTwarrants that the documents prepared as a
part of this Contract will be adequate and sufficient to accomplish the purposes of
the Project, therefore, eliminating any additional construction cost due to missing
or incorrect design elements in the contract documents;
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RFQ for Engineering Design for No Name Key Bridge Repair Project
1.1.4
The CONSULTANT assumes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ.
1.1.5
The CONSULTANT’Sservices 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
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 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, contractors, servants, or agents to be employees of the Board of
County Commissioners for Monroe County.
1.1.7
The CONSULTANT shall not discriminate against any person 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 under this agreement or with the provision of services or goods
under this agreement.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1.1
The CONSULTANT will perform for the COUNTY services as described in
Attachment A, Scope of Basic Services
.
2.2CORRECTIONS OF ERRORS, OMMISSIONS, DEFICIENCIES
2.2.1
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.
2.3NOTICE REQUIREMENTS
2.3.1
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 mail, return receipt requested, to
the following:
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RFQ for Engineering Design for No Name Key Bridge Repair Project
Ms. Judith Clarke, P.E.
Monroe County Engineering Services
1100 Simonton St. Rm 2-216
Key West, FL 33040
And:
Mr. Roman Gastesi, Jr.
County Administrator
1100 Simonton Street
Key West, FL 33040
For the Consultant
___________________
___________________
___________________
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
customarily 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.
The CONSULTANT shall respond with 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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ARTICLE IV
COUNTY’S RESPONSIBILITIES
4.1
The COUNTY shall provide full information regarding requirements for the project
including physical location of work, county maintained roads and maps.
4.2
The COUNTY shall designate Monroe County Engineering Services Department
to act on the COUNTY’S 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 CONSULTANTSservices.
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 duly served if sent pursuant to paragraph 2.3.
4.4
The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
Consultants services and work of the contractors.
4.5
The COUNTY’S review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such documents are
generally consistent with the COUNTY’S criteria, as, and if, modified. No review of such
documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy,
fitness, suitability or coordination of its work product.
4.6
The COUNTY shall provide copies of necessary documents required to complete
the work.
4.7
Any information that may be of assistance to the CONSULTANT that the
COUNTY has immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1.1
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.
5.1.2
The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for
the indemnification provided for above. The extent of liability is in no way
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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.
5.1.3
In the event the completion of the project (to include the work of others) is
delayed or suspended as a result of the CONSULTANT’S failure to purchase or
maintain the required insurance, the CONSULTANT shall indemnify COUNTY
from any and all increased expenses resulting from such delays. Should any
claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in
the plans and specifications provide by the CONSULTANT the CONSULTANT
agrees and warrants that CONSULTANT hold the COUNTY harmless and shall
indemnify it from all losses occurring thereby and shall further defend any claims
or action on the COUNTY’S behalf.
5.1.4
The extent of liability is in no way limited to, reduced or lessened by the
insurance requirements contained elsewhere within the Agreement.
5.1.5
This indemnification shall survive the expiration or early termination of the
Agreement.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANTshall 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:
NAMEFUNCTION
_________________________ ________________________
_________________________ ________________________
_________________________ ________________________
_________________________ ________________________
_________________________ ________________________
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they
are replaced the CONSULTANT shall notify the COUNTY of the change immediately.
ARTICLE VII
PAYMENTS
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7.1 PAYMENT SUM
7.1.1
The COUNTY shall pay the CONSULTANT in current funds for the
CONSULTANT’S performance of this Agreement the Total Not to Exceed Lump
Sum Amount of _______________________________________ ( ).
7.2 PAYMENTS
7.2.1
For its assumption and performances of the duties, obligations and responsibilities
set forth herein, the CONSULTANTshall be paid monthly.
(A) If the CONSULTANT’S duties, obligations and responsibilities are
materially changed by amendment to this agreement after execution of this
Agreement, compensation due to the CONSULTANT shall be equitably
adjusted, either upward or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANTshall submit monthly, unless otherwise agreed in writing
by the COUNTY, an invoice to the 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 that the COUNTY may require.
(C) For the performance of the optional additional services and contingent
additional services described in Article III of this contract, provided same
are first authorized in writing by the COUNTY, the CONSULTANT shall
be paid hourly at the rates identified in Exhibit B, or as negotiated.
7.3REIMBURSABLE EXPENSES
7.3.1
Reimbursable expenses include expenses incurred by the CONSULTANT in the
interest of the Project:
a.Expenses of transportation submitted by CONSULTANT, in writing, and
living expenses in connection with travel authorized by the COUNTY, in
writing, but only to the extent and in the amounts authorized by Section
112.061, Florida Statutes;
b.Cost of reproducing maps or drawings or other materials used in performing
the scope of services;
c.Postage and handling of reports;
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7.4BUDGET
7.4.1
The CONSULANT 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
Agreement 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.
ARTICLE VIII
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 CONSULTANT’S failure to purchase or maintain the required insurance, the
CONSULTANTshall 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. Best
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 State 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.
8.1.3
CONSULTANT shall obtain and maintain the following policies:
A.Workers’ Compensation insurance as required by the State of Florida,
sufficient to respond to Chapter 440 Florida Statutes.
B.Employers Liability Insurance with limits of $1,000,000 per Accident,
$1,000,000 Disease, policy limits, $1,000,000 Disease each employee.
C.Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of
others arising from use of motor vehicles, including onsite and offsite
operations, and owned, hired or non-owned vehicles, with One Million
Dollars ($1,000,000.00) combined single limit and One Million Dollars
($1,000,000.00) annual aggregate.
D.Commercial general liability, including Personal Injury Liability insurance
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 Contractual Liability
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Endorsement with One Million Dollars ($1,000,000) per occurrence and
annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or
provided on a Claims Made policy, its provisions should include coverage for
claims filed on or after the effective date of this Agreement. In addition, the
period for which they may be reported must extend for a minimum of 48
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 ($2,000,000.00)annual aggregate. If the
policy is a “claims made” policy, CONSULTANT shall maintain coverage or
purchase a “tail” to cover claims made after completion of the project to cover
the statutory time limits in Chapter 95 of the Florida Statutes.
F.COUNTY shall be named as an additional insured with respect to
CONSULTANTS liabilities hereunder in insurance coverage identified in
Paragraphs C and D.
G.CONSULTANTshall require its subconsultants to be adequately insured at
least to the limits prescribed above, and to any increased limits of
CONSULTANT if so required by COUNTY during the term of this
Agreement. COUNTY will not pay for increased limits of insurance for
subconsultants.
H.CONSULTANTshall 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.
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.
8.2 APPLICABLE LAW
This contract is governed by the laws of the State of Florida. Venue for any litigation
arising under this contract must be in Monroe County, Florida.
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ARTICLE IX
MISCELLANEOUS
9.1 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 DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY
and may be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this Agreement
except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County and the CONSULTANT, which approval shall be
subject to such conditions and provisions as the Board may deem necessary. This
paragraph shall be incorporated by reference into any assignment or subcontract and any
assignee or subcontractor shall comply with all of the provisions of this Agreement.
Subject to the provisions of the immediately 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 of its duties hereunder without 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
written notification to the CONSULTANT.
B. The County may terminate this Agreement without cause by giving the other party
sixty (60) days written notice of its intention to do so.
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RFQ for Engineering Design for No Name Key Bridge Repair Project
9.6 CONTRACT DOCUMENTS
The contract documents consist of the Request for Qualifications (RFQ), any addenda,
the Form of Agreement (Articles I- IX), the CONSULTANTS response to the RFQ, the
documents referred to in the Form of Agreement as a part of this Agreement, and the
attachments ____________ 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 the CONSULTANT will control.
9.7 PUBLIC ENTITIES CRIMES
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 submit bids on
leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes), Violation of this section shall result in termination of this Agreement and
recovery of all moneys 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, as “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 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 their 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
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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, the
CONSULTANT shall repay the monies together with interest calculated pursuant to Sec.
55.03, FS, running from the date the monies were paid to County.
9.9 GOVERNING LAW, VENUE, INTERPERTATION, COST AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree
TH
that venue will lie in the 16 Judicial Circuit, Monroe County, Florida, in the
appropriate court or before the appropriate administrative body in Monroe County,
Florida. This Agreement shall not be subject to arbitration. The County and
CONSULTANTagree that, in the event 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.
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and
CONSULTANT agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
9.11 ATTORNEY’S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney’s fees and court costs expenses, as an award against the non-
prevailing party, and shall 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 by the
circuit court of Monroe County.
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9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary COUNTY
and corporate action, as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall be
approved by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANTagree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of
County Commissioners. If the issue or issues are still not resolved to the satisfaction of
the parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law. This provision does not negate or waive
the provisions of paragraph 9.5 concerning termination or cancellation.
9.16COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement,
COUNTY and CONSULTANT agree to participate, to the extent required by the other
party, in all proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
COUNTY and CONSULTANT specifically agree that no party to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
9.17NON DISCRIMINATION
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.
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RFQ for Engineering Design for No Name Key Bridge Repair Project
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 limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent 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 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 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
9.19CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one’s agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
9.20 NO SOLICITATION/PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay
any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach
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RFQ for Engineering Design for No Name Key Bridge Repair Project
or violation of the provision, the CONSULTANT agrees that the COUNTY shall have
the right to terminate this Agreement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration.
9.21PUBLIC 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
CONSULTANTand the COUNTY in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
9.23 PRIVILEGES AND IMMUNITY
All of the privileges and immunities from liability, exemptions from laws, ordinances,
and rules and pensions and relief, disability, workers’ compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
9.24LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
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9.25 NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the CONSULTANT and
the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as the COUNTY may reasonably
require including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the
execution of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete, and
current at the time of contracting. The original contract price and any additions thereto
shall be adjusted to exclude significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end
of the Agreement.
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by singing any such
counterpart.
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IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
(SEAL)
OF MONROE COUNTY, FLORIDA
Attest: DANNY L. KOLHAGE, Clerk
By: ___________________________ By: _________________________________
Deputy Clerk Mayor/Chairman
Date: _____________________
CONSULTANT
(SEAL)
Attest:
By: ___________________________ By: _______________________________
Title: __________________________ By:_______________________________
WITNESS
END OF AGREEMENT
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RFQ for Engineering Design for No Name Key Bridge Repair Project
ATTACHMENT A
SCOPE OF BASIC SERVICES
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Attachment A
Scope of Basic Services
The scope of services for the No Name Key Bridge Repair Project will include
completion of design for construction, completion and submission of all required 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 bridge deficiencies and make
recommendations as to the necessary repairs. The Engineer shall address all items in the
inspection reports and identified during physical inspection.
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. The report will include a preliminary cost estimate for construction and a
project schedule.
2.0 CONSTRUCTION DOCUMENTS PHASE
2.1
The Consultant 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
Florida Department of Transportation standards, and all Federal, State and local laws and
guidelines, including but not limited to the standards contained in the following:
1.Florida Department of Transportation Roadway Plans Preparation
Manuals
http://www.dot.state.fl.us/rddesign/PPMManual/PPM.shtm
2.Florida Department of Transportation Design Standards
http://www.dot.state.fl.us/rddesign/DesignStandards/Standards.shtm
3.Florida Department of Transportation Surveying Procedure
http://www2.dot.state.fl.us/proceduraldocuments/procedures/bin/5500301
01.pdf
28
RFQ for Engineering Design for No Name Key Bridge Repair Project
4.Florida Department of Transportation Drainage Manual
http://www.dot.state.fl.us/rddesign/dr/files/2008DrainageManual.pdf
5.Florida Department of Transportation Soils and Foundations Handbook
http://www.dot.state.fl.us/structures/Manuals/SFH.pdf
6.Florida Department of Transportation Structures Manual
http://www.dot.state.fl.us/structures/manlib.shtm
7.Florida Department of Transportation Structures Manual including
Temporary Design Bulletins
http://www.dot.state.fl.us/structures/manlib.shtm
8.MUTCD
http://mutcd.fhwa.dot.gov/
9.American Disabilities Act
http://www2.dot.state.fl.us/proceduraldocuments/procedures/bin/6250200
15.pdf
10.Florida Department of Transportation Flexible Pavement Design Manual
http://www.dot.state.fl.us/pavementmanagement/PUBLICATIONS.shtm
11.Florida Department of Transportation Rigid Pavement Design Manual
http://www.dot.state.fl.us/pavementmanagement/pcs/RigidPavementManu
alJanuary12009.pdf
12.Federal Highway Administration Checklist and Guidelines for Review of
Geotechnical Reports and Preliminary Plans and Specifications
http://www.fhwa.dot.gov/engineering/geotech/pubs/reviewguide/checklist.
cfm
13.Florida Department of Transportation Manual of Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and
Highways
http://www.dot.state.fl.us/rddesign/FloridaGreenbook/2007/2007FloridaGr
eenbook.pdf
14.Florida Statutes
http://www.leg.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&S
ubmenu=1&Tab=statutes&CFID=14677574&CFTOKEN=80981948
Where conditions require deviating from FDOT standards the Consultant will apply for
and obtain all required variances or exceptions prior to proceeding.
2.2.
The Consultant shall provide Drawings and applicable Technical Special
Provisions, an updated cost estimate and construction schedule for the County’s and
FDOT’s review (the Florida Department of Transportation Standard Specifications will
be incorporated by reference) at the 60% and 90% design phases. The project schedule
will allow a minimum of two weeks for each FDOT phase review. The Consultant will
incorporate and /or address all comments from the County and FDOT.
2.3
Upon completion of the Construction Documents Phase, the Consultant shall
provide Construction Documents for the County’s approval and a copy of design
29
RFQ for Engineering Design for No Name Key Bridge Repair Project
calculations. Upon approval by the County the Consultant shall provide the County up to
5 sets of Construction Documents that have been signed and sealed by the Engineer. The
Consultant shall also provide an electronic version of the construction documents. The
Consultant shall provide an estimate of anticipated construction cost in accordance with
the construction development phase.
2.4
The Consultant shall provide a list of bid items, estimated quantities and
construction duration to assist The County in preparing all bid documents. The bid items
and quantities will be in electronic format for incorporation into bid documents.
2.5
The Consultant’s construction documents (plans, specifications, etc.) will
conform to all codes and regulations of the federal government, county, state,
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 Consultant shall use due care in determining permit
requirements and shall meet with regulatory agencies as necessary to coordinate specific
permit requirements. The Consultant shall document all meetings and 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 Consultant will conform the
construction documents in such manner to receive permits upon such plans. Work
required by the Consultant to conform documents to federal, state, city, county, or agency
specifications to allow them 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.
2.6
The Consultant shall file (through the County) all documents required for the
approval of governmental authorities having jurisdiction over the project. The Consultant
shall file (through the County) the necessary documents to obtain environmental
resources permits, and all other permits required for construction. The County shall be
responsible for the timely submittal of all permit application fees.
2.7
As needed by the County, the Consultant will provide clarification and answers to
questions from prospective bidders during the construction bid process. Answers will be
provided in a timely manner in order to facilitate bidding.
3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS
To satisfactorily perform the Construction Documents phase requirement, the
Consultant must complete the tasks set forth in items 3.1 through 3.5.
3.1Construction Plans – ,
This consists ofat a minimum, Key Sheet, Summary of
Pay Items and Quantities, Project Layout, Plan and Profile sheets including locations of
existing utilities, Typical Sections, Detail sheets, General Notes, Traffic Control Plan.
Construction plans shall be in accordance with FDOT Plans Preparation Manual.
30
RFQ for Engineering Design for No Name Key Bridge Repair Project
3.2 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.
3.3 Schedules –
Prepare an estimate of the Construction Time.
3.4 Estimate of Construction Cost –
Estimate of anticipated cost in accordance with
the Construction Documents.
3.5 Design calculations -
Design calculations and documentation will be submitted
with each phase submittal.
4.0 CONSTRUCTION PHASE
4.1
The Consultant 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 Consultant’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 Consultant’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 resubmittals. 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 Consultant’s review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by the Consultant, of construction means,
methods, techniques, sequences, or procedures.
4.2
The Consultant shall, without additional compensation, promptly correct any
errors, omissions, deficiencies, or conflicts in the work product of the Consultant or its
consultants or both.
4.3
The Consultant 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 product of the Consultant, 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
Consultant 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 FDOT Bridge Inspection Reports or
physical inspection of a bridge by the Consultant.
4.4
The Consultant shall furnish to the County, upon project completion, the following:
31
RFQ for Engineering Design for No Name Key Bridge Repair Project
2 sets of 11” X 17” signed and sealed Record Drawings
2 sets of final documentation
1 set of final CADD files on CD
The Consultant’s Engineer of Record in responsible charge of the project’s design
shall professionally endorse (signed and sealed and certified) the record prints, the special
provisions and all reference and support documents.
4.5
The Consultant will attend the pre-construction meeting and as needed, attend the
periodic construction progress meetings.
5.0 CONSTRUCTION COST
Contemporaneously with the submission of the Design, the Consultant 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 Consultant to reflect any increase or decrease in anticipated price
resulting from a change in Design.
5.1
The Construction Cost shall be the total estimated bid cost to the County of all
elements of the Project designed or specified by the Consultant.
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
Consultant, plus a reasonable allowance for Contractor’s overhead and profit.
5.3
Construction cost does not include the compensation of the Consultant and the
Consultant’s consultants, the costs of land, rights-of-way, financing or other costs which
are the responsibility of the County.
32
RFQ for Engineering Design for No Name Key Bridge Repair Project
SECTION THREE: RESPONSE FORMS
RESPONSE FORM
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c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
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33
RFQ for Engineering Design for No Name Key Bridge Repair Project
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
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34
RFQ for Engineering Design for No Name Key Bridge Repair Project
NON-COLLUSION AFFIDAVIT
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35
RFQ for Engineering Design for No Name Key Bridge Repair Project
DRUG-FREE WORKPLACE FORM
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36
RFQ for Engineering Design for No Name Key Bridge Repair Project
Respondent’s Insurance and Indemnification Statement
Insurance Requirement Required Limits
Worker’s Compensation Statutory Limits
Employer’s Liability $1,000,000/$1,000,000/$1,000,000
General Liability $1,000,000 Combined Single Limit
Vehicle Liability $1,000,000 Combined Single Limit per
Occurrence
Professional Liability $1,000,000 per occurrence
$2,000,000 aggregate
IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSULTANTS
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.
In the event that 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. Should any claims be asserted against the COUNTY by virtue of any
deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the
CONSULTANT agrees and warrants that CONSULTANT shall hold the County harmless and
shall indemnify it from all losses occurring thereby and shall further defend any claim or action
on the County’s behalf.
The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT’S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Respondent Signature
37
RFQ for Engineering Design for No Name Key Bridge Repair Project
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY DEDUCTIBLES
_____________________________ ___________________________________
Liability policies are Occurrence Claims Made
Insurance Agency Signature
Print Name: _________________________
38
RFQ for Engineering Design for No Name Key Bridge Repair Project
LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this
form.
Name of Bidder/Responder______________________________ Date:_______________
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax
Collector dated at least one year prior to the notice or request for bid or proposal? __________
(Please furnish copy)
2. Does the vendor have a physical business address located within Monroe County from which
the vendor operates or performs business on a day to day basis that is a substantial component of
the goods or services being offered to Monroe County?_______________
List Address: ____________________________________________________________
Telephone Number:_______________________________________________________
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or
construction to local businesses meeting the criteria above as to licensing and location? _______
If yes, please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the
subcontractor dated at least one year prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
__________________________________________ Tel. Number _____________________
_________________________________________ Print Name:______________________
Signature and Title of Authorized Signatory for
Bidder/Responder
STATE OF ____________________
COUNTY OF ___________________
On this _____ day of ______, 20_____, before me, the undersigned notary public, personally
appeared __________________________, known to me to be the person whose name is
subscribed above or who produced ______________________as identification, and
acknowledged that he/she is the person who executed the above Local Preference Form for the
purposes therein contained.
_______________________________________
Notary Public
_______________________________________
Print Name
My commission expires:_________________ Seal
39