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Item C15BOARD OF COUNTY CONMSSIONERS AGENDA ITEM Y Meeting Date: January 1 ,— Division: —Public orks ngineering , Bulk Item,-. 'i es �- Department -En ices .gmerv" Staff Contact Person/Phone #: Igd larke 43 AGENDA ITEM WORDING* Approval to execute amendment one to the existing contract with Kisinger Campo & Associates Corp. (KCA) for engineering design of emergency repairs to No Name Ivey Bridge to include construction engineering and inspection (CFI) services. ITEM BACKGROUND: On November 4, 2011 the Florida Department of Transportation OT) bridge inspection team reported a serious condition on No Name Key Bridge that required immediate repair. Staff obtained a proposal for emergency repair design from Ili for engineering design and permitting services; amendment one provides CEI services for oversight of the contractor during construction. PREVIOUS RELEVANT Bo C ACTION: The BOCC agreed to waive purchasing policies and procedures and approve a contract with Kisinger Campo & Associates for engineering design and 1h pern aumg of emergency repairs to No Name Key Bridge at the November 2011 meeting. CONTRACT/AGREEMENT CHANGES46 Amendment one adds CEI services to the scope of services. STAFF RECMNENIIATION : Approval TOTAL COST} $23.040 INDIRECT COST: BUDGETED: Yes No DEFFERENTLkL OF LOUPREFERENCE: COST TO COUNTY: $23.040 REVENUE PRODUCING: Yes APPROVED E'# County Att DOCUMENTATION: Included DISPOSITION: Revised M SOURCE OF Fund 102 Road and Brill e No AMOUNT PER MONTH � Year OMB asing Risk Management � Not Required,..... AGENDA ITEM # MONR E COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: Kis in izer Canino CONTRACT SUACAARY Contest Effective Late* Expiration Date: 111912012 Contract Purpose/Description: Amendment one adds construction en in rin and inspection (C. contract to provide_ for oversizht of contractor during construction Contract Manager,* N41 Clarke 4329 (Name) (Ext.) services to IA A's veering/#1 (Department/Stop #) for BOCC meeting on 1/19 012 Agenda Deadline: 1131 012 CONTRACT COSTS Total Dollar Name of Contract: $ 239040 Current Year Portion-, 23 v Budgeted' Yes[] No j Account Codes: - Grant: County Match: DMO 1 COSTS Estimated Ongoing Costs: ./Yr For: (Not 12cluded in dollar value above) Lei. mmainten =e, utilities, Janitorial, salaries} etc,) CONTRAST` 1IEW Changes Date Out Date 1n . Division Director � - 1 des❑ luk4�:r .� 4 Risk Igpasmg t Yes[] No , +l�.:C eS❑ No County Attorney # Y NoCO &kj6=i)6 Co nents: Limps rorm rnvisea wz liu i 1L :p n AMENDMENT 1 TO THE AGREEMENT FOR ENGINEERING DESIGN AND PERMITTING SERVICES FOR EMER ENCY REPAIRS TO THE NO NAME KEY BRIDGE T CONTRACT AMENDMENT IS ENTERED INTO BETWEEN Monroe County, whose address is 1100 Simonton Street, Room 2--216 Key Nest, Florida 33040, hereafter the "County", and Kisinger Campo & Associates, Corp. a Corporation of the State of Florida, whose address is 201 North Franklin Street, Suite 400, Tampa, Florida 33602, its successors and assigns, hereinafter referred to as "CONSULTANT". Paragraph 2.1.2 is added to ARTICLE II SCOPE OF BASIC SERVICES, and is to state the following: 2.1.2 The CONSULTANT will perform for the COUNTY Construction Engineering and Inspection (CEI) Services as described in Attachment B, Exhibit "A" SCOPE OF SERVICES COST PROPOSAL. The COST PROPOSAL is based on four (4) week maximum job duration for a not to exceed amount of $23,040.00. Force and Effect~ In all other respects the Contract dated November 17, 2011 remains in full force and effect. In WITNESS WHEREOF each party hereto has caused this contract to be executed by its duly authorized representative. (SEAL) Attest DANNY L. KOLHAGE, CLERK 0 Deputy Clerk (SEAL) Attest: 00 By: S ephen H. cGucken, P.E. Title C.E.O. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman Kissinger Campo & Associates, Corp. By: Pa ull G. Roey, P. E. Title President n y APP OW-D AS TO F0R„1: CHANST11NIE MI. ASSISTANT OMNI I Y M'T0F1N1-Y ATTACHMENT B Exhibit "A" Scope of Services Cost Proposal EXHIBIT "A" SCOPE OF SERVICES COST PROPOSAL CONTRACT NO.: Vo 11 ame Key Bridge Emergency Repair- CEI Monroe County LOBACKGROUND The Consultant was retained by the Department to provide Construction Engineering and Inspection (CEI) Services and Oversight CEI Services for a minor emergency repair. 2.0 PURPOSE The C EI Services are necessary to supplement the County staff and provide the required project inspection. 3.0 SCOPE The fallowing projects shall be added for which Consultant shall provide CEI Services: Description: Na Name Ivey Emergency Repair - CEI County., Monroe 4.0 CONSULTANT RESPONSIBILITIES Consultant responsibilities are to provide field inspection services for the minor, emergency bridge repair. ,0 COST PROPOSAL Note this estimate is based on a four (4) week maximum job duration for a not to exceed amount for one employee, a Project Administrator/Senior Inspector (John Bailey). Date: 1227 11 Kirin r-ampo A Associates ESTIMATED COSTS CONSTRUCTION ENGINEERING AND INSPECTION SERVICES Financial Prajeel I.D.# Employee Regular Time Average PAfSr. Inspector TOTALS Multiplier Suhlatal Lab -or Project Total rs Hourly Rate 160 $48.00 160 $48.00 3.00 County: MON ROF Raw Salary Cast $7,68UO $7,68UO ontmet for Engineen'ng.Design and Permitting Services for ergency, Repairs to the No Name Key Bridge to THIS Contract (The AGREEMENT) made and entered into this da of A� 0b 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 (B C)f the Owner And iAWr Campo & Assodates, Corp. a Corporation of the State of Florida, whom address is 201 North FranIcHn Stree4 Sprite 400, Tampz6 Florida 33602, its successors and assigns, hereinafter referred to as iiC ULTANT"r. WITNESSErH, NOW, T ORE, in consideration of mut" promses, covenmts and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hmby acknowled ed, COUNTY and CONSULTANT awe as follows: ARTICLE I ILMEDMAT10 HARRMM By executing this AgreemenL the CONSULTANT makes the followhxg express representations and warranties to the COUNTY; 1,11 The CONSULTANT shall maintain all necessary licenses} permits or other authorizations necessary to act as CONSULTANT for the Projmt until the CONSULTANT'S duties hereunder have been satisfied; 1,1 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 CONSULTANT shah prepare all documents rewired by this Agr=mcnt including, but not limited to, all contract platys and specifications, in such a manner that they shall be in conformity and comply with all applicable laver, codes and regulations, The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any addi.i�nal coition cost due to missing or incorrect design elcmcnts in the contract documents- 1,1.E The CONSULTANT assumes full responsibility to the extent allowed by law With regards to his performance and those directly under his employ+ Pam- i -of is KCA MIK EmMency Repak Daip 14,15 The CONSULTANT'S services shall be wormed ckpeditiously as con tent with professional skill and care and the orderl -pro Tess of the Project given the serous condition identified at the bridge. In providing all serum pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, gales and regulations �mt too. or re0ating such services, including those now in effect and hereinafter adopted; Any violation of said statutes, ordinances, ndes and regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to terminate this agmment immediately upon delivery of written notice of termination to the CONSULTANTO 191.6 At all tomes and for purposes under this agreement the CONSULTANT 4. is an independent tractor and not an employee of the Board of County Commissioners for Monroe Counter. No statement contained in this agrm went shall be construed so as to find the CONSULTANT or any other of higher employees, cont tors, servants, or agents to be employ= of the Board of County Commissioners for Monroe Count}, 1.1.7 The CONSULTANT shad not discriminate against any person based on race, creed* color* national odg%n* sex, age or any other charaetaistic or aspect which is not related, in its recruiting, hiring, promoting, terminating, or other area affecting employment under this agreement or wit ► the provision of ser ces or goods under this agreement. ARTICLE II CM of BASIC SERVICES 1*1 The CONSULTANT will perform for the COUNTY services as described in Attachment A. Swpe of Basic Servkes. CONSULTANT gill prod with work immediately upon Notice to Proceed from the COUNTY. 2.2 CORRECTIONSof ERRORS, OWdMIONS, DMCIIENCIES 2,21 The CONSULTANT shall* without additional compensation, promptly correct errors, omissions, deficiencies, or conflicts M the work product of the CONSULTANT or its subconsuitants* or both, 2.3 NOTICE REQUIREMENTS JJ All written coffespondence 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 wailed* postage prepaid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P,E. Monroe Counter Engineers Services 1100 Simonton St. Rrn -1 6 Key Vest, FL 33040 Paw- 2-of 1:5 IKCA N NK Sawpacy RVaIr Daign And A&. Roman Gastesi, Jr. County Admi strator 1100 Simonton Suet Key west, FL 33040 For the Consultant .Urt►'& E. STOKER F.E. Q N. F1 Ate KkIN-ar.. SMITE 400 TAB PA,, FL 33602 A&TICU III Afflfflp N KR CES 3-el The services described in this Article III are not included in Basic Services, They shall be paid for by the COUP as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before comrnencemou, and as follows: A. Providing service 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 Ag ement or not customarily fi=ished in accordance with generally accepted consulting practice. 46 C. Providing Tepresentation 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 Y 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 Addition Servim, ALMLE I QQMY"S RE PO IBILIT 4.1 The COUNTY shall provide full information regarding requirements for the project including physical location of work, county maintained roads and maps, 42 The COUNTY shall desipate Monroe County Enginceri g Services Depaftmnt to act on the " behalf with respects to the Project, The COUNTY or Monroe County Engineering Services Department shall render decisions in a timely manner pertaining to Pap • 3 -of 15 KCA NNK Eme rgmy Rq#r sign documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential �� , of the CONSULTANTS smices. 4.3 Prompt writtenn notice shall be given by the COUNTY and its representative to the CONSULTANT NT if they become aware of any fault or defect in the Project or nonconforamce with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 13 4A The COUP steals furnish the required information and services aad shall gender approvals and decisions as expeditiously as necessary for the orderly progress of the Consultants spices and work of the contractors, 495 The COUNTY'S review of any docunt is prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents we 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 COLTNTY A" provide dies of nemsary documents required to complete the work. .7 Any information, that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. AMCL I.E. R&EMNMCATION &M HOB HARMLESS 5.1.1 The CONSULTANT covenants and agrees to indemnify and hold harmless C /Monrm County and Monroe County Board. of County Corr missumers, its officers and employees Erom liabilities, da ges, losses and its, includkg but not lusted to, reasonable attomeys' fees, to the extent caused by the negligenm, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractors) and other person 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 indenmification provided for above. The extent of liability is in no way limited for redud, or lessened by the insurance requirements contained elsewhere within this agreemenL 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 wan is that he shall hold the COUNTY harness and shall indemnify him from all losses occurring thereby and shall father defend any claim or action on the COUNTY"COUNTY"S behalf. in the event the completion of the project. (to include the work of others) is delayed or suspended as a resin# of the CONSULTANT*S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all hp - 4 -of 15 KCA NNK E,mSercy RqmirDesign increased expenses resuk' from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and speciftions� provide by the CONSULTANT the CONSULTANT agrees and warrants that 1 LT ' hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall Bother defend any claims or action on the UNTY' behalf .1A The extent of liability is in no way limited to, reduoed or lessened by the insurance requirements contained elsewhem within the Agreement. 5#1.5 This indemifiemion shall survive the expiration or early termination of the Agreement. 1 PERSONNEL The CONSULTANT dmll assign only qualified personnel to perform any service conceming the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will worm those fumcdons as indicated: - rul r r_TW_■ 1110 - � ` 4 eff IF L ti ti s 11 IL C Lei - o long as the individuals named above remain actively employed or retained by the CONSTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. AKTJCLE VII PAYNWIM 7*1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current finds for the CONSULTANT" performance of this Agreement the Total Not to Exceed Lump Sum Amount of Thirtyw Eight Thousand Seven Huadred and Eighty-four Donars and Twenty Cents ($,784*20), Page - s - of 15 K A NNIC lacy %*air Dalp 7,92 PAYMENTS 7.2.1 For its assumption and performances- of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. (A) K the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this agreement after execution of this A reemeat, compensation due to the CONSULTANT shall be equitably Ousted, either upward or dowaward; (B) As a condition prudent for any payment due under this A reement� the CONSULTANT shall submit ntontWy, mess 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 mvoiee shall describe with reasonable particularity the service rendered. The CONSULTANT" inVoice shall be accompanied by such docuuwntation or data in support of expenses for which payment is sought that the COUNT' may mq ure. (C) For the performance of the optional additional services and contingcut additional services dese"bed in Article III of fl& contract, provided same are fust authored in writing by the COUNT, the CONSULTANT shall be paid hourly at the rants identified in CONSULTANT, s Cost Proposal, or as negotiated. 7J RE3MBURSABLE FNES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the jest. a. Expenses of Uansportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorised by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproduces maps or drawings or other materials used in perfonxiing the scope of services} c. 1>ostage and handling of reports-, 7.4 BUDGET 7,41 The C N UI. NT may not be entitled. to receive} and the COUNTY is not obligated to pay, any fees or expenses to excess of the amount budgeted for this Agreement in each fiscal year (October 1- September 30) by COUNTY'COUNTY'S Board of County Commissioners. The budgeted amount may only be modified by an aff rxrnative act of the COUNTY'COUNTY'S Board of County Commissioners. Pop - 6 of is xcA qMW i► Amia&vm 2MM.N. C.E. . The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all tomes that this Agreement is in effect. In the event the wrppletton of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT"CONSULTANT"S failure to purchase or maintain the required m' sue, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. & 1 #2 The coverage provided herein shall be provided by an insurer surer with an A. Mt Best Rating of vl or better, that is licensed to do business in the Mate of Florida and that has an agent for service of procen within the State of Florida. The insurance certificate shall contain an endorsement providing sixty ) days notice to the COUNTY prior to any cancellation of said covemge* Said overage shall be written by an insurer acceptable to the COUNTY and shall he in a form acceptable to the COUNTY. & 1.3 CONSULTANT shall obtain and maintain the following pollees, A. Workers,, compensation m" surancc as requited by the State of Florida, sufficient to respond to Chapter 440 Florida Statute, B. Employers Liability Insurance with limits of $1,00,000 per Accident, $1,00,00 Dime, policy limns, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for miuries to members of the public and/or damages to property of others arising frow use of motor vehicles, including onsite and offshe operations, and owned, hired or non -owned vehicles, Frith One Million Dollar ($1, 0,ODO.combined single limit and One Million Dollars ($1,000, . ) annual aggregate. D. Commercial general liabiHty, 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 9 weluding premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Forum property Damage and a Contractual Liability Endorsement with One pillion Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If overage is changed to or provided on a Claims Made pollen, its provisions should include coverage for claims filed on or after the effective date of this Agreement In addition, the period for which they may be reported must extend for a minimum of 48 months following the termination or expiration of this Agmeme + E. Professional liability insurance of One Million Dollars ($I,000,0.o) per claim and Two billion Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims Page - 7 -of 15 KCA NNK Enmgency f air Dmip made' policy, CONSULTANT T shall maintain coverage or purchase a "tail'' to cover claims. -made after completion of the prDject to cover the. statutory time limits in Chapter 95 of the Florida Stamm. F. COUP shall be named as an additional filSured with respect to CONSULTANTS liabilities hereunder in insurance coverage identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the iixmots probed above, and to any increased limits of CONSULTANT if so required by COUNTY durmng the turn of this Agreement. COLTNTY will not pay for wed limits of insure a for subconsultants. H. CONSULTANT shah provide to the COUNTY certificates of insurance or a copy of an Insurance policies including those Ong the COUNTY as an additional iSur 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 *M a self-insurance fund,, a Certificate of Insurance will be required, In addition., the CONSULTANT may be required to submit updated fimmoial statements from the fund upon request from the COUNTY. 82 APPLICABLELAW This contract is governed by the laws of the Mate of ]Florida. venue for any litigation arising under this contract must be in Monroe County, Florida. ARTICLE IX hmCKUAMOUS 91 SECTION HEADINGS Section headings have been insed in this Agreement as a matter of convenience of refer only, and that it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provisions of this Agreement. .2 OWNERSoff` 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 pens ssion of the CONSULTANT. 93 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this Agreement except in writing and with the prior mitten approval of the Board of County Conunissioners for hdowoe County and the CONSULTANT, which approval shall be subject to such conditions and Provisions as the Board may deem necmary. This paragraph shall be inoorporated by reference into any assignment or subcontract and any assignor or subcontractor shall comply with all of the page - 8 - of 15 KCA NNK 9=Wncy Repair Daigm provisions of this Agreement, Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, leswomors, assignees and legal representatives -1otheothere 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 shad it delegate any of its duties hereunder without the written consent of the COUNTY. M NO THIRD PARTY BENEFICLkREES Nothing contained herein shall create any relationship, contractual or otherwise., with or any rights in favor of, any third party. 9*5 TERAMATION 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 termitlate this Agreement without cause by giving the other party sixty (60) days wrxacn notice of its intention to do so. .6 CONTRACT DOCUNWMS The contract documents consist of the Foram of Agreement (Articles 1- EK)s the CONSULTANTS proposal the documents referred to in the Form of Agreement as a part of this Agreement, and modifications made aver execution by written amendment. In the event any conflict between any of those Agreement doeurnenu, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTICE A person or affiliate rho 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 pudic 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 stgning this Agreement, CONSULTANT represents that the execution of this Agmment will not violate the Public Entity Crimes Act (Section 87.133# 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 Pasc - 5, of is KCA NNK E wgmpy la it Dedp Section 7. l33 } as "'public entity crime', and that it has not been Connally charged with conunitting 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 NT will promptly notify the COUNTY if It or any subcontractor or subconsultmt is formally charged with an act defined as a "public entity aime " or has been plate on the convicted vendor 1W. 9118 MAINTENANCEF RECORDS CONSULTANT shall n intain all books, records, and documents dimly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Rewrds shall be reWned for a period of five years from the termination of this Agreement, Each party to this Agreement or their authorized representatives shaJI have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four yews following the termination of this Agreement. If an auditor employed by the County or Clerk de rEnnes that monies paid to CONSULTANT pursut to Agreement were spent for purposes not authorized by this Agreement, the CONSULTANT shall repay the monies together with intent calculated pursuant to Sec. 5 .03, FS, running from the date the monies were paid to Counter. S GOVERNING L AWt vENUE9 INMRPERTATio , COST AND FEE This Agreement shall be governed by and construed in aocordance with the laws of the Mate of Florida applicable to contracts made and to be performed entirely in the Stave. In the event that any cause of action or a ` trative proceeding is Muted for the enforcement or into retatiou of this Agree�rnent, COUNTY and CONSULTANT` agree that venue will lie in the 16TH Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body in Monroe County, llorxda. This Agreement shall not be subject to arbitration. The County and CONSULTANT' agree that, m the event of conflicting interpretations of the term or a term of this Agreement by or between any of therm the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 94,10 SEv RABILITY 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 Ag=ment, 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 rernainins term, covenants, conditions and provision of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and CONSULTANT agree to reform the Ag eement to replace any stricken provision with a valid provision that conws as close as possible to the intent of the stricken provision. 9,11 ATTORNEYS FEES AND COSTS e + 10 - of is KCA NNK s=cy Rcpair Design The COUNTY and CONSULTANT agree that in the event any cause of action or administrative g is initiated or defended by any puty r0ative tb the wiforcement or interpretation of this Agreement: the prevailing party shall be entialed to reasonable attomey's fees and court WAS expenses* as an award against the non -prevailing party, and shall include attorneys 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 A. circuit court of Monroe County, The tenns* covenants, conditions, provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives# suocess ors, and assigns. *13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and perfonnancc of this Agreement have been duly authored by all necessary COUNTY and corporate action as required by law. 9,14 CLAD FOR FEDERAL OIL STATE AiD CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, sue, and obtain federaJ and state funds to further the purpose of this Ag ma t; provided that all applications, nests, grant proposals* and finding solicitations shall be approved by each party prior to submission. 9+15 ADJUDICATION of DISPUTES OR DISAGREENEMS COUNTY and CONSULTANT agree that ali disputes and disagreements shall be attempted to be resolved by meet and confer session between rep entatives 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 Tissues shall be discussed at a public meeting of the Board of County ConMissioners. if the issue or issues are still not resolved to the satisfaetion 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 lair. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9,16 COOPERATION In the event any administrativc or legal proceeding is instituted against either party relating to the formation, execution, perforce} or breach of this Agreemnt, COUNTY and CONSULTANT age to participate, to the extent requite by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or prevision Of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no Page - I 1 -of 15 KCA NNK Ehwgawy Repair Deskp party to this Agreement shall be required to enter into any arbitration proceedings related to this Ag€emea, 917 NON IMS CRD41NATION CONSULTANT and COUNTY agree that there will be no discrimination against any person and it is expressly and stood that upon a determination by a court of competent Jun"sdiction that discrimination has occurred, Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT and COUNTY agree to comply with all Federal Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not l ied to: 1) Title VI of the Clovil Rights Act of 1964 L 88-3 ) which prohibits discrimination on the basis of race, color or national origin; 2) Tide of the Education Amendment of 1972, as amended (20 U ss. 168 1- 168, and 1685--16 ), 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 to basis of handicaps- 4) The Age Di imsuation Act of 1975, as amended (42 USC ss, 101-6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1 FL 9#255), as amended, relating to nondiscrimination on the basis of drug abuse; ) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 L 91- 16)w as amended, relating to nondisadmination on the basis of alcohol abuse or alcoholism* 7) The Public Health Spice Act of 1912, ss. 523 and 527 (42 U C ss. 90dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Tide VM 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; ) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondis inination on fe basis of disability; 10) Any other nondiscrimination provisions in any Federal or stag statutes which may apply to the parties to, or the subject matter of, this Agreement. 9,48 COVENANT of NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest* and shall not acquire any intcarest, which would conflict in any manner or degree with its performance under this Agrcernem and that only interest of each is to perform and receive benefits as recited in this Agreement. 9419 CODE of ETMCS COUNTY agrees that officers and employees of the COUNTY recog ' e and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.311, Florida Stamm, regarding} but not limited to, sollcitation or aroceptance of gifts* doh bus es s with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Isn 9*20 NOSOLICITATIONAPAYMENT The CONSULTANT and COUNTY wan -ant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee wort ng 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, conissior� percentage, gift, or consideration. 9* 1 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; sad the COUNTY shall have the right to laterally cancel this Agreement upon violation of this provision by CONSULTANT. 9M NONmWArVER OF Notwithstaadmg the provisions of Sec. 76. g# Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement. and the acquisition of any convnercial liability m"surance coverage, self-insurance coverage, or local goverment 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 All of the privileges and inarnan ities from liability, exemptions from laws, ounces, and rules and pensions and relief, mobility, workm' 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 withinthe territorial limits of t ie COUNTY shall apply to the same degree and extent to the performance of such fi= ions and duties of such officers, agents} volunteers, or employees outside the territorial limits of the COUNTY, 9*24 LEGAL OBLIGATIONS AND RESPONS11BILITEES Son -Delegation of Constitutional or Statutory Duties, This Agreement is not intended for 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 ire satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as-, authorizing the delegation of the emstitudonal or statutory duties of the COSY, except to the extent permitted by the Florida constitution, state statute, and case law. Pap -] 3 r of 15 KCA t+rNK agency R W Desip ,� NON-aRELYAN E BY N NaPA TIE No won or entity shall be entitled to rely upon the tears, 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 progmi n contemplated hemuader, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT'` nor the COUNTY or any agent* officer, or einployee of either shall have tw authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits uader this Agreement sepamte and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONSAND � UTH 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 Agreemmt are ctucate, complete, current at the time of contracting. The origcontract price and aay additions thereto shy be adjusted to exclude 6. 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 4ustments must be made within one year following the end of the Agreemeat. 917 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 4. no member, officer, agent or employee of Monroe County shall be liable personally on this Agreemew or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9*28 EXE1TI N IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an ongmal, all of which taken together shah constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart -e - 14 - of 15 K A NN'K E=gency RepaIr Deslign IN S .F* pity caused th Aemt to be execs by its duly auftnized representative on the day and year fmt eve writtea. (SEAL) Attmt DANNY L. KOLAS Clerk B% *utyClerk Date: I - BOARD OF COUNTS COACAMIONERS OF I� , FLORA B yt Mayodchairam CORP. WITNUS:SINGER & TM, - By: ]BY Arm INITIALU: wOU ERt KCZ�& By: 1"ItIC.- VICE PRESIDENT ALL V 2aLlol� �4PF' 'VFD A TO FOR��t S C& CHRISTINE M, UMMST-BARROWS ASSISTANT COUNTY ATTOP4N !:Y hp - 15. of 15 A Repak ATTACHMENT A SCOFF OF BASIC SIPRVICW KCA NNY EMFRGF.NCY REPAIR DESIM KISINGER CAMPO & ASSOCIATES CORP. November 14, 2011 Mr. Clark Briggs Monroe Counter Engineering ] 100 Simonton. Sl� Pm 216 Key wes4 FL 33040 Re: Ernergency Repair Proposal — No Name Ivey Bridge fur W. Errs: We am pleased to submit this proposal for engineering services for the above referenced project, The scope of services for this task will consist of the development of repair plans for Fier 25 of the No Nanxe Key Bridge. The seMces will he perfonned in conformance with the Scope of Services in the Ftofessional Services Ag went, and in accordance with the follovAng: 1. PROJECT OBJECnVES This project will consist of designing emergency repairs for Fier 25 of the No Name Kerr Bridge* repairs will be bid on deficiencies noted W the most recent Florida Department of Tmmpor Lion '1 T) bridge inspection reports and a follow-up Meld review to confiinn these conditions. As part of th services, the Consultant shall develop repair plans and construction documents, and coordinate with the Couuty as appropriate. 2. SPECIFIC SERVICES The Consultant will review the most runt bridge inspection reports and visit the site to observe the current condition of the cap, beams and bearings at Fier 25. Visible deficiencies (cracl x spy and desegregation of aggregate) in the caps,, beams, and bearings shall be docummted and included as part of the design calculations. The consultant will rely upon detailed inspection data from the hmpecdon report: if acres is not provided. The Consultant will develop contrwA plans and documents for the restoration of appropriate bearing area for all beams at Fier 25 and concrete restoration of associated bridge elements. Concrete restoration will cogs# of crack injection and shall repair. Additional items intended for inclusion in the repair plans: ■ Through Anchored Channel Beat or Saddle dream # .lacking ,design woad Details Maintenance of Traffic Notes Miscellaneous details The need for TCF plans is not anticipated. Date cloys will be directed in accordance with the FDOT 600 series Design Standards, CoqKaft Offko v P.O. Sm 2W1 * Twq*6 R. SSM-W1 * Pam: e1871,-Ml # Fax: 01318714135 Visit our web oft at ti++rw&kWagerca .00M • • sr i rr•rr� s e r% .• m i :A iav` - .6r: 0 rr.R r 3. COUNTY RESPONSIBILITIES The County shall provide copies of bridge inspection reports, allowed lane closure/bridge closure times, previous pennitting, and other pertinent information at the Oowult is request. In addition, the County shall provide acom to the site at predetermined times for the Consultant as required. 4. LIMITATIONS uhconsultant services such as geotechnical, survey, and hazardous material investigations are not anticipated but, if neoessary, can be included under sepmte task order. g imi larly, trams c control plans beyond notations requirod for the use of FDOT Desip Stance are not anticipated but can be included under a se►te task order. Areas of unsound concrete will be estimated from previous inspection reports and visible deficiencies rated during field visits. Unsound areas beyond that anticipatedamount found during construction can be addressed by inclusion in the plan quantities =d paid for under the deli aced pay item from contingency construction funds. Subconsultant services to better identify areas of unsound concrete not visible fimn surface deficiencies through the use of infrared aging are available and can be provided under separate conUwt at the County's request, The drawings will be wed out using Niicarostation v8 software, however, since the plans am intended for repairs of existing structures only they will not be modeled in 3D format as a cost savings measure. Post design services such as review of shop drawings, constriction inspection, and conawdiorn mmwgement am not b�cluded but can also be provided under separate contract at the County's request. Additional smices Qmined from this scope as a cost savings measure include pern itt "x utility coordination and construction schedule. These services m be provided under a separate contract at the County's mquest. S. BEGINNING AND LENGTH OF SERVICES The above outlined serum shall begin upon the €eceipt of the Notice to proceed from the County. Fib plans will be delivered to the County prior to the agreed upon production date with a detailed schedule provided upon approval of this proposal. Submittals will include: preliminary plans (in electronic Of format and l I x 1 7 hard copy of quantity requested) * Final plans (final signed and scaled bard copies and Cif upon approval) 6. COMPENSATION ompensation for the above services shall be a lump sum amount of ` $38,784.20 in accordame with the attached Summary Fee Sheet. inceJrely, David B. Thompson, P.E. Project Manager cc: TT, I1MM �II�I�Ofl��olll�� ................... �I��I101111�111 ��IIIIIIIIIIIIII��I� �11111111111��191� r d O w dA � � r � � r