Item B11M
C ounty of f Monroe
ELj » °o
�
BOARD OF COUNTY COMMISSIONERS
/� r i � ��
Mayor George Neugent, District 2
The Florida. Ke Se
y
I
Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
October 18, 2017
Agenda Item Number: B.11
Agenda Item Summary #3331
BULK ITEM: Yes DEPARTMENT: Engineering / Roads
TIME APPROXIMATE: STAFF CONTACT: Clark Briggs (305) 295 -4306
n/a
AGENDA ITEM WORDING: Approval of a Task Order with EAC Consulting, Inc. for
Engineering Design and Permitting Services for the No Name Key Culvert Replacement Project.
This Task Order is being awarded in accordance with the Continuing Contract for On Call
Professional Engineering Services in the maximum not to exceed amount of $88,436.68.
ITEM BACKGROUND: The culvert connecting two canals located on Bahia Shores Road on No
Name Key requires replacement due to its deteriorated condition causing roadway pavement
cracking and failure.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the On Call Professional
Engineering Services contract with EAC consulting at the January 2014 meeting.
CONTRACT /AGREEMENT CHANGES:
New Task Order
STAFF RECOMMENDATION: Approval of Task Order
DOCUMENTATION:
EAC Task Order signed - 10 -18 -17 version
EAC Consulting - EXEC & amend 1 - 3 -18 -15
FINANCIAL IMPACT:
Effective Date: Oct. 18 2017
Expiration Date: When as -built drawings have been received after construction is completed.
Total Dollar Value of Contract: $88,436.68
Total Cost to County: $88,436.68
Current Year Portion: $88,436.68
Budgeted: Yes
Source of Funds: 102 -22500
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required: Yes
Additional Details:
If yes, amount:
09/20/17 102 -22500 - ROAD DEPARTMENT
H. ..:
REVIEWED BY:
Judith Clarke
Completed
08/29/2017 11:36 AM
Christine Limbert
Completed
08/29/2017 3:30 PM
Budget and Finance
Completed
08/29/2017 3:58 PM
Maria Slavik
Completed
08/30/2017 7:28 AM
Kathy Peters
Completed
09/01/2017 12:57 PM
Board of County Commissioners
Completed
09/20/2017 9:00 AM
TASK ORDER FOR ENGINEERING DESIGN AND PERMITTING SERVICES BETWE
MONROE COUNTY AND EAC CONSULTING, INC.
FOR
NO NAME KEY CULVERT REPLACEMENT PROJECT
r I n
The Consultant shall be paid monthly based on hourly rates per the continuing services
contract and estimated staff hours as follows:
Personnel
Estimated
Hourly Rate
Total
Hours
Project Manager
54
$190.00
$10,260.00
Senior Engineer
112
$185.00
$20,720.00
Sr. Eng. Tech
332
$95.00
$31,540.00
Clerical
8
$50.00
$400.00
Reimbursable Expenses
$1,000.00
Subcontractor
Field and Lab Testing
$3,000.00
Surveying
$13,516.68
Env. Permitting
$3,000.00
Mangrove Trimming
$5,000.00
--------------
Total Not To Exceed Amount
$88,436.68
A total not to exceed amount of eighty eight thousand four hundred thirty six dollars and sixty
eight cents ($88,436.68) will apply.
�T� �mi - 9 �Iq- k ■
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise provided by
law.
IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly
authorized representative-
(Seal)
Attest-
By
Senior Vice President
Title
(SEAL)
Attest: KEVIN MADOK. Clerk
NM
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
0
Mayor/Chairman
ATTACH.
QS
E
q5
CL
Qd
Q8
QJ
QJ
E
z
0
z
a
co
CD
QJ
& OF - EW 'd
EAC Consulting, Inc.
MORM
Clark Briggs
Senior Project Administrator
Monroe County Engineering
Key West, FL 33040
Re:
• Name Key Culvert Replacement Projecl
EAC Project No. 13038.MU01-03
replaced for maintenance purposes..
II!!I 111 1!11 IN; IJI!IIIIIJJI
• FIR Aleman and Associates, Inc, (FRA) Surveying and Mapping
• Professional Service Industries (PSI) — Geotechnical Investigations and Engineering
• SWC, Inc. (SWC)- Environmental Engineering
III M I. M 7M 7-TiM
1W67 =1611 • • I ----------
1, Attachment 1: Scope of Services
2. Attachment 2: Staff hour/Fee Computation Summary Worksheet
3. Attachment 3: Sub consultant Fee Proposals
4. Attachment 4: Changes to Project Personnel
We look forward to this opportunity to work with Monroe County Engineering. Please feel free to contact me
(hhiggins@eacconsult.com) if you have any questions.
Sincerely,
EAC Consultina. Inc.
.-luntley Higgins,
CZ File
Michael Adeife, P.E. (EAC Consulting, Inc.)
Shari Ramirez, P.E. (EAC Consulting, Inc.)
ATTACHMENT 1
41 olnui I ne MICE place an existing culvert liong =Saia
Shores Drive in No Name Key, Monroe County, Florida. According to information provided by the County, the
following is assumed to be known about the culvert:
Subsequent to the project kick-off meeting, EAC will schedule one (1) additional field site visits as follows:
When construction documents are substantially complete to assess the implementation of the proposed
solutio'l.
Topographical services will be provided • our sub -consultant FRA. These services will consist • performing a full
topographic and boundary survey that meets Minimum Technical Standards according to the Florida Administrative
Code (FAC). Please refer to FRA's fee proposal attached.
Task 2.2 — Geotechnical Investigations and Engineering
Geotechnical Investigations and Engineering services will be provided by our sub-consultant PSI. Services will include
performing two (2) soil borings (SPT) to a depth of 20-feet to analyze groundwater conditions and soil stratification. In
addition, an analysis will be performed on the soils pH, resistivity, sulphates and chlorides to determine the most suitable
pipe material for the culvert replacement. A certified geotechnical report that includes specific information required to
undertake the requisite professional engineering analyses and design services would be provided. Please refer to PSI's
fee proposal attached.
Task 2.3 — Environmental Services
Environmental Services will be provided by our sub-consultant SWC. Services will include the preparation of
permitting applications for applicable permitting agencies. These services also include mapping wetlands and
identifying mangroves that may be impacted and coordinating with the surveyor to ensure these features are shown
on the survey. A report will be prepared that identifies any constraints and this will be used to support permitting
documentation.
An optional service is provided in the event that it is determined that mangrove trimming maybe necessary to
facilitate construction.
Task 2.3 — Utility Coordination
EAC will contact all existing utility owners, as identified by Sunshine State One Call of Florida (SSOCOF) that are within
close proximity to the project. EAC will request copies of as-built information related to these facilities and include this
information on the construction documents based on the level of accuracy provided by the utility owners.
Task 2.4 —100% Construction and Specification Documents
This work will include the engineering design and analyses required for the removal and replacement of the existing
culvert. EAC will be responsible for providing construction documents to facilitate the culvert's replacement. All design
work shall comply with the Florida Department of Transportation (FDOT)'s Standards, as applicable and as practical
within the County's right of way, Monroe County Engineering, and the Florida Administrative Code
EAC will prepare and finalize all plans, profiles, cross sections, details and notes for the project including but not limited
to: Summary of Pay Items, Drainage Structures, Optional Culvert Materials Tabulations and Erosion Control Details.
We anticipate that our 100% CD submission will include:
■ Cover Sheet
• Drainage/Stormwater Notes
• Stormwater Pollution Prevention Plan
• Stormwater Pollution Prevention Notes and Details
■ Cross Sections and Typical Sections
• Roadway Plan and Profile
• Drainage Structures
• Miscellaneous Details
I I ,
iiiiII1 1 10
It is anticipated that the permitting and review/approval agencies for this project are (1) Monroe County Engineering
Department and (2) Florida Department of Environmental Protection (FDEP). It is EAC understanding that the County
will provide all permit fees related to the solicitation of permits for this project in the form of check or paid directly to
the permitting agency.
If permits are required from any other permitting agencies, a supplemental fee will be required to coordinate and
permit with these agencies. An optional fee has been included for mangrove trimming. The need for this permit will
be assessed as the project develops.
F
&'V1'KVFVaff1WWV1 �7i�f7 -'- —' . .7m
bidders as it related to information provided on the construction documents. It is assumed that the County will be
responsible for preparing and issuing bid documents. In addition, it is also assumed that the County will be
responsible for receiving, analyzing and selecting a preferred bid.
For the purpose of this proposal, limited construction services will include responding to questions and providing
clarifications to the selected contractor as it relates to information provided • the construction documents.
Reviewing and approving shop drawing submittals for construction is also included.
Basic fee
Optional fee
In the event that mangrove trimming is required, an additional fee of $5,000.00 will be required for SWC, Inc. to
secure this permit, which will result in an overall fee of $88,436.68
• EAC will deliver one (1) signed and sealed hard copy Survey with electronic files
• EAC will deliver one (1) signed and sealed Geotechnical Report in electronic format
• EAC will deliver (2) sets of 100% Construction Documents to the County for review and approval
• EAC will deliver one (1) Engineer's Estimate of Probable Cost of Construction
• EAC will provide signed and sealed electronic pdf. drawings for the County to reproduce for bidding purposes
Kei Irk k
Provide EAC with all available data and information on the existing culvert including existing plans, as-builts,
existing permits, existing reports, etc,
Assist EAC during permitting activities by attending meetings when necessary
It is anticipated that the County will provide EAC with one (1) set of consolidated comments regarding the 100%
design documents. EAC will schedule a comment resolution meeting with the County to ensure that the intent of
the comments are clearly understood and resolved prior to issuing final plans.
:1610*1;t13 1101 z P
1 Ao Roadway reconstruction services beyond restoration above the existing culvert is included in this
proposal
2. No Construction Engineering and Inspection services in included in this proposal.
3. No Environmental Services beyond the services stated in this proposal are included.
4. Fees related to permit applications, permit variances, etc, will be provided by the County.
Right • Way takes are required.
6. The County will provide as-builts, drawings, reports, etc. that have information relevant to the referenced
culvert.
7. Utility coordination is limited to those identified through Sunshine State One Call • Florida. The
coordination to obtain utility work schedules, subsurface utility engineering (SUE) information is not
included in this fee proposal.
2. No public involvement or community outreach services are included in this project basic scope of services.
3. EAC will not be responsible for services related to Joint Participation Agreement (JPA) between the
County and any utility entity or any other agency within the project limits.
ADDITIONAL SERVICES
quoted in our Professional Engineering Services Contract with Monroe County.
ATTACHMENT 2
. .
E
CL
E
z
0
z
a
co
CD
E
CL
QJ
(D
E
(a
z
0
z
C)
cu
E
CZ,
41
-0 U)
CL
U) E
ix
be
CD 0
0
E
m
0
z
U
1 0 5 15
L'Ll LL IL cn
w
z
m
'ffi
to
0
.2
1
cn
(D
N
�I
CD
r
0
- 2
0
0
c
E
a)
a)
m
c
m
A)
2
CL
ff
E
CL
QJ
(D
E
(a
z
0
z
ATTACHMENT 3
SUB CONSULTANT FEE PROPOSALS
as
E
as
CL
as
�s
�a
�a
E
z
0
z
a
co
CD
�a
E
FRO
& Associates, Inc.
CONSULTING ENGINEERS & SURVEYORS
ALEMAN
1 0305 NW. 41 Street,
Miami, F1 33194
TEL: (305)-591-8777
Email: frank.paruas@fr-aleman.com
CONSULTING ENGINEERS & SURVEYORS
www.FP,-Aleman.com
• I'
DESCRIPTION OF SERVICES
FRA will provide two (2) technicians, equipment and special tools to Survey the as per the following
scope:
��- •ib
Miami - Orlando - Tampa - Jacksonville - West Palm Beach
I f P I � Wo HMM H* ;M 1
• re I ff M 10 oir
association on this project.
We are prepared to commence work immediately upon your notification and finalization of this AgreemenI
Please • not hesitate to contact me if you have any questions.
M
fim
Miami - Orlando - Tampa - Jacksonville - WestPaImBeach
7950 NW 64"! Stieet
Miami, n ss/as
N��x ��
0� N�N���� N����0�� � Pxon,:aos4r1 7125
`~ ~ ~��� ° `��� � � ��===��� fax: auusya lyls
Total Quality. Assured. mtcr,ckcom/hui|ding
pnommm
August 15, 2017
EAC CONSULT|NG
815NVV57mAve
k8ianni. Florida 33126
To: K8c Huntley Hi P.E, PK8P
Municipalities Manager
Re: Proposal for Geotechnical Engineering Services
Culvert Replacement
No Name Kev, Florida
PSI Proposal No.:O397-218835
Dear Mr. Hi
Professional Service Industr Inc. (PSI) is pleased to submit this proposal to perform
geotechnico| engineering services in connection with the above-referenced project. Included
herein is our understanding of the proposed improvements along with m scope of san/imaa, fee
estimate and anticipated schedule to complete the requested scope of services.
It is our understanding that the project will consists of the replacement of on existing culvert
structure located along Bahia Shores Road near the intersection with the Stare Road 4a roadway
alignment in No Name Key, Florida.
Should any of the noted details be |ncmneisten1. PSI requests that you contact us immediately to
allow uoto make any necessary modifications bo this proposal.
a Field Testin_q:
Aa requested, PSI will drill and sample two CQ Standard Penetration Test (SPT) bor 0oadepth
of approximately 20 feet below ex site grade. The borings will be drilled approximately 20
feet apart from each other, presumably on each side of the road.
The SPT borings will be performed with a truck-mounted machinery using mud rotary drilling
procedures. Samples of the in-place mater will be recovered with a standard split barrel driven
with a 140-pound hammer failing 30 inches (the Standard Penetration Test in accordance with
ASTM D1 586). After completion of drilling, the core holes and boreholes will be backfilled with the
excavated soil and/or rock, the asphaltic surface patched where necessary and the site generally
cleaned.
���� �mA,mnmo�a|ConsuAWnB'Geut��hn���n�oaer�Q,
� "�� � ~= "~ ~�~�� Construction MaKeria|s Testing and |nspoo0nnSemAcws
Culvert Replacement Page 2
No Name Key, Florida | PSI Proposal No.: 0397-219635
Underground utility clearance will be required prior to commencing the drilling of the borings.
Tharefone. P8| will contact "Sunshine One-Call" Service to obtain underground public utility
clearance. VVe assume that any private underground utilities existing in the exploratory area will
be identified touobyothers.
a Laboratory Testiag.
A geotechnical engineer will review the om| aannob*o and representative aonnmlea will be tested
for physical properties such as gradoWmn, moisture content and organic o#ntent, if deemed
necessary. As requested, pH, naaistivitv, chloride content and sulfate content tests will also be
conducted on representative samples.
ENGINEERING/REPORTING
The results of the field exploration and laboratory test results will be the basis for our geotechnical
engineer recommendations for foundation desi omnetructkon.TharmeuKeofmurvvork
will be transmitted in an electronic report which will specifically contain information listed below:
1. A plan mf the site showing the location of the GPTborings.
2. Logs mfthe exploratory borings will be provided, which furnish the results ofthe
SPToamnp|in8.
3. Identification of foundation systems which lend themselves to the site conditions
and proposed construction.
4. Recommendations for pipe bedding materials.
5. If required, recommendations for shallow foundation systems including allowable
soil bearing capacity.
6. Estimation of foundation settlements.
7. Requirements for site preparation.
8. An anticipation of groundwater levels and methods for handling groundwater
during construction.
S. Recommendations for design and construction of pavements (both asphalt and
concrete sections).
Our study can begin one (1) day after vve receive authorization toproceed. VVe will start drilling
after underground utilities have been located and idmntifimd, which typically requires two (2) 0o
four (4) business days. The field work will require one (1) day 0o complete. The written report of
the subsurface exploration and engineering evaluation will be available within one /1\ week
following the field demobilization. We estimate that our study will be completed within two (2)
weeks from your notice b»proceed.
Based onour general knowledge of the subsurface conditions near the proposed pro site and
our understanding of your requirements, we propose to complete the subsurface exploration and
geotechnical engineering evaluation described in this proposal for a lump sum fee of $3,000.00.
The geotechnical work proposed here will be carded out in accordance with our General
Conditions attached hereto.
�m�mm�����u0 ��o������� Engineering,
�� ���� �mn ��, ��U u�x
~".~=���~,` °°�~�" CmnsttuutiooMaWmrio}s T wid lnmpwct
Culvert Replacement Page 3
No Name Key, Florida I PSI Proposal No.: 0397-219635
CLOSURE
PSI appreciates your consideration of our firm for this project. To formally authorize us, kindly
indicate so • providing us with a signed agreement of our proposal. We look forward to working
with you • this project. If you have any questions • if you require additional information, please
do not hesitate to contact us.
NOW.
Morgan Dickinson, P.E. Daniel Gonzalez, E.I.
Regional Engineer/Principal Consultant Staff Engineer
W M.
as
E
as
CL
as
L)
4)
E
(a
Z
0
Z
Envirennient4fl Consulting, Goolechnical Eru '
intertek 0 g g,
-ne-enn
TMI Q.ft. A-A Construction Materh0s Testing and Inspection Services
1, PARTIES AND SCOPE OF WORK: Professional Service Industries Inc (**PSI") shall include said company or its particular division, subsidiary or affiliate performing the work "fikoik"anorm, the specific
service to be performed by PSI asset forth in PSI's proposal, Chent's acceptance fluencisfand these General Conditions Additional work ordered by Cl owit shall also be subject to these Ccncral Conditions "Client"
refers to the person or business entity ordering the work to be done by PSI If Client is ordering the work on behalf ofanother, Client represents and warrants that it is the duly authorized agent of said party for
the purpose of ordering and directing said work Unless otherwise stated in writing, Client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is
adequate and suffiroon, for Client's intended purpose Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of PST's work PSI shall have no duty or
obligation to any third party greater than that got forth in PST's proposal, Client's acceptance thereof and these General Conditions The ordering of work from PSI, or the reliance on any of PST's work, shall
coach lure acceptance of the terms or PS I's proposal and these General Condi [ions, regard less of the term a chary subsequently issued document
2. TESTS AND INSPECTIONS: Client shall cause all tests and inspections of the site, materials and work performed by PSI or others to be timely and properly performed in accordance with the plans,
specifications and contract documents and PST's recommendations No claims for loss, damage or injury shall be brought against PSI by Client or any third party unless all tests and inspections have been so
performed and unless PST's recommendations have been followed Client agrees to indemnify, defend and hold PSI, its officers, employees and agents harmless from any and all claims, suits, losses, costs and
expenses, including, but not limited to, court costa and reasonable attorney's fees in the event that all such tests and inspections we not so performed or PST's recommendations are not so followed
3. PREVAILING WAGES This proposal specifically excludes compliance with any project labor agreement, labor agreement, or other union or apprenticeship requirements In addition, unless explicitly
agreed to in the body of this proposal, this proposal specifically excludes compliance with any gate or federal prevailing wage law or associated requirements, including the Davis Bacon Act It is spread that
no applicable prevailing wage classification or wage rate has been provided to PSI, and that all wages and cost estimates contained herein are based solely upon standard, non-prevailing wage rates Should it
later be determined by the Owner or any applicable agency that in fact prevailing wage applies, then it is agreed that the contract value of this agreement shall be equitably adjusted to account for such changed
circumstance Clocrawill term bums, defend, indemnify and hold harmless PS1 from and sh any liam I ity resulting from asubsequant determination that prevailing wage regulations cover the Project,including
45
all costs, fines and attorney's fees
E
4, SCHEDULING OF WORK. The services set forth in PST's proposal and Client's acceptance will be accomplished by PSI personnel at the prices quoted If PSI is required to delay commencement
of the work or if, upon embarking upon its work, PSI is required to stop or interrupt the progress of its work as a result of changes in the scope of the work requested by Client, to fulfill the requirements ofthird
parties, interruptions in the progress ofconshruction, momwearrow beyond the direct reasonable control ofPSI, additional chargeowill be applowlelcand payable by Client
CL
!f ACCESS TO SITE- Client wil I arrange and provide such access to the site and work as 1 necessary for I'S I to perform the work PSI shall take reasonable measures and precautions to minimize damage to the site
Q
W
and any improvements located thereon as the result of its work or the use of its equipment
`ua
6, CLIENT'S DUTYTONOTIFY ENGINEER (,'hour warrants that it has advised PSI of any known or suspected hazardous materials, utility lines and pollutants at any site at which PSI is to do work, and
unless PSI has assumed in writing the responsibility of locating subsurface objects, structures, lines or conduits, Client agrees to defend, indemnify and save PSI harmless from all claims, suits, losses, costs and
expenses, including reasonable attornev's fees as a result officrannal injury, death or properly damage occurring with respect to PST's performance ofits work and resulting to or caused by contact withsubsurfacc
U
or latent objects, structures, lines or conduits where the actual or potential presence and location thereofwerc not revealed to PSI by Client
7, RESPONSIBILITY PST's work shall not include determining, supervising or implementing the means, methods, techniques, sequences or procedures of construction PSI shall not be responsible for
evaluating, reporting or affectinkjob conditions concerning health, safety or welfare PST's work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance
of its work in accordance with the contract documents Client agrees that it shal require withrogibbor to be waived against PSI and for PSI to be added as an Additional Insured on all policies of insurance,
including any policies required of Client's contractors or subcontractors, covering any construction or development activities to be performed on the project site PSI has no right or duty to stop the contractor's
E
work
(a
Z
8, SAMPLE DISPO SAL: "Pest specimens will be disposed immediately upon completion of the test All drilling samples will be disposed sixty (60) days after submission of PST's report
0
9. PAYMENT The quantities and fees provided in this proposal are PST's estimate based on information provided by Client and PST's experience on similar projects 'rho actual total amount due to PSI shall be
Z
based on the actual final quantities provided by PSI at the unit rates provided herein Where Client directs or requests additional work beyond the contract price it will be deemed a change ord and PSI will be
-
paid according to the fee schedule Client shall be invoiced once each month for work performed during the preceding period Client agrees to pay each invoice within thirty (30) days of its receipt Client
tZ
further agrees to pay interest on at I amounts invoiced and not paid or a bjccour to for valid cause in writing within said thirty (30) day period at the rate reforghpast (19) percent per annum (or the maximum i nterest
nocriwL
2
rate permitted under applicable law), until paid Client agrees to pay Pyll'scost ofoollection ofall amounts due and unpaid after thirty days, including court costs and reasonable attorney's fees PSI shall not
be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out or this agreement, any provision wherein PSI waives any rights to a mechanics' lien, or
any provision conditioning PST's right to receive payment for its work upon payment to Client by any thirdparty There General Conditions are notice, where required, that PSI shall file alien whenever necessary
to collect past due amounts Failure to make payment within 30 days ofiromice shall constitute a release of PSI from any and all claims which Client may have, whether in dart, contractor otherwise, and whether
known or unknown at the time
00
10, ALLOCIA UON Oy KISK ( FNT AGR F FS T 1 'S SERVICES WI 1-1, NOT 1QBJIRA_ 1 INIII VI _Q_RJ]IKFV
OF FIC, J+ R JQRSTOANYPI-11ISONA1, UABILYTY.AED
__.
a
VI IATN 01 B` I FI ISTAND1 N G A N Y 0'[ 11 E R P RQ V IS ION[ F 11 IR A Cl If 1; 5 � M FN F VJ J 1 N J A CI H J, F.S1 I INI 1 !A)I. F A N 1) F XC LUS I V 1 _- R k %I U I �) Y 1 ; 11 A 1, 1, 11 E 1 1) 1 P EC' 10 k ASSETtil AS Y C I - A I'\ I
CD
-
T)I-A�TANJX ()If Si 7[ ()NIX AQA I\ST PSI STATEMENTS M A DF IN PSI RE PORTS AR 1 OPINIONS BAST- UPON P NG IN I JI MUMENT AND A RE NOT TQ IIF- CONSTRU AS
REPRESENTATIONS OF FACT'
S1 101: 1,D PSI OR AN Y 01- ITIi F M1 M H)t JN 11,11L IAVE BLEN N F0 IG&N I I N 'J I IE PERFORM ANCI: OF ITS WORK, OR 1 1 IAVI-' MAIN, A ND ARI- ACI IF 1) bX XL1(F_"
liMPI.IH) WARRANI V. - 6 1 ]ON, 0[1 CON I . C I A U, IPARTH (71,AIM I NC, 'I I 11MIXil I CIA 1 NIT ANI) A1. . 1 TPAk N�i 10 1 IAVF I IS ANY WA T-,1 J 1 1) UPON
&NJ y R
P. EEIA I S I SI IA1 - .0 TO S2 '111
QF L)s rl 1. E _ X MI 1; ' AN 13 F N I. M! 1AMM 5-MIU0 Ok I
AG
TOMI.A.MOUNTOI I'l fl: 11. 1) 0 N I' F1 11 1 . IN I I WI I k V F. R A Id 011 NT I S G R I- A IT R I NJ I Ii- F %T'. N 1'(7 1 1 h N I I I 11.1NO
�IjN 1, FQ
-OR
IJMt :!"_IISUS 1 COR DA N ('I- W ITI f TI I L PRO V I III ON S S L I' FORTI 1 1 % 71115 1 A RA6 R A III I C!. 1 1 , N'I '.%,!A-YJ i ff-)`g WR I I TEN R FOU 1 L.t C I - 11; s,_I_ R T-Cl ; I V E 1) W IT f I I N Iq VI:
(JA 01; Cl, I ['s,"ll 'S A CCIT I A NC h. I I E R HO 1; JINC. R F-AS F T I I I --- I . I lal I f OF PS I'S 1. 1 A 13 11, 1 -( Y - FO S2 5 0,000. (10 [] - 111 E A M 0 UP NcI OF PS I 'S 1; E I ; PAJI) I'D II S 1 1 OR I T S WOM K ON' - 111 H PRONC 1'.
W I I I I ' [ I EV 1; k I S I I 1 1 ; G REA I L-EK-1i Y A G 111 1 INU 1 0 PAYPS I A S I M E00 I VA I I n N 11 A N A 1 ) QI I - I Q N A 1 , A M I D I r .1. J 1 11 YEA I - F L H FO 13k U. I I A R(; F_ 1) FO R 1 1 - S S I, R V ICE S ITI I
UE I A RG , 1; 1S NCI r I MA'ON 5 1 H I-I F 1) AS B 1: 1 NU A C 11A RG E FO R N SU X AN C h OF AN I Ytl�, L31 AJ S R 1 A N I D"[ _QN % I I I F. R AT [ON FOR T I I k C i 1? 1; A F I i R I . I A 1`1 - 1 1 - Y I N VOI_ V LI I I N A N Y
US
- 1
1WENI, A NFY'S F kES IDI tTNI3GQ i3Y M 1N CON'NEC'TION W1_F I I AN Y CI.AIM ST IAlA_ RI: DUCE-'r i ii , .D,100 NT A VAII AM E.AND ONE Y Q%% I` St ;C.i I A s,1( IWO W11-1-1 -Y - 1 Q AR Y
PROJECT
.
NOA(:l'IONORCI.AI%I.WI[141'111-'RI T T '(0) o X
A PS! WORK [IFREUNDER, RIhGARI,%.T-', OF FTIF DATTOF DISCOVERYOFSUCHCLAIM
LU
N E FI I I E R PAR I Y SHAL 13 1: U A R 1, F TO T1 I Il OTT I [f [ CON R ACT. i ()RT [I! NIG 1. 1; 1) 1 NQ N Eitj 1, 10 1 i,, C E A N 1) B R F, A C' I I OF &I A F U '10 R Y DUT XJ&V
LEI 1 - 11 - 111' R 021 C' Ii) If-I NIUMV [ I OR FOR A I N D1 R 1% CT, CON S F QI; LN.'I I A L 1 H V L. 0 WHITS.
r_
0
R L V E N UL. 131) S I N 1, SS. 0 k 8 N'l I 'J PA { F N W I I. FN AD T I f I A R POSS 131 XTY I
E
11, INKE SIN ITY: S u bj ect to the above li mitations, P S I agrees n a t to def end but to indemnify and held Client harmless from and against any and all claims, suits, costs and expenses including reasonable attorney's
fees and court costs to the extent arising out of PST's negligence as fi nally determined by a court of law Client shall provide the same protection to the extent of its negligence in the event that Clum or Client's
principal shall bring any suit, cause ofaction, claim or counterclaim against PSI, the Client and the party initiating such action shall pay to PSI the costs and expenses incurred by PSI to investigate, answerand
defend it, including reasonable attorney's and witness fees and court costato the extent that PSI shall prevail in such suit
12, TERMINA11ON 'This Agreement may be terminated by either party upon seven days' prior written notice In the event of lamination, PSI shall be compensated by Client for all services performed up to
and including the lamination date, including rcumbrarriable expenses
11 EMPLOYEESIMATNESS FEES PST's employees shall not be retained as expert witnesses except by separate, written agreement Client agrees to pay PSI's legal expenses, administrative costs and fees
pursuant to PST's then current fee schedule for PSI to respond to any subpoena For a period crime year after the completion of any work performed under this agreement, Client agrees not to solicit, recruit, or
hire any PSI employee or person who has been employed by PSI within the previous twelve months In the event Client desires to hire such an individual, Client agrees that it shall seek the written consent of
PSI, and shall pay PSI an amount equal to one -half oythe employee's annualized salary, without PSI waiving other remedies it may have
'PC
14, J LARY: PSI is not a financial advisor, does not provide Financial advice or analysis of any kind, and nothing in our reports can create a fiduciary relationship between PSI and any other party
15, CHOICE OF LAW AND EXCLUSIVE VENUE: All claims or disputes wising or relating to this agreement shall be governed by, construed, and enforced in accordance with the laws of Illinois 'rho
exclusive venue for all actions or proceedings arising in connection with this agreement shall be either the Circuit Court in DuPage County, Illinois, or the Federal Court for the Northern District oflllinois
16, PROVISIONS SEVERABLKI'me parties have entered into this agreement in good faith, and it is the specific intent cribs parties that the terms of these General Conditions be enforced as written In the
event any arms, provisions ofthese Coastal Conditions should Schwind to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable
17. ENTIREAGREEMEN I Ima8MCIMCM CGIM1iILJIC_%tIle enure undemi-inding ofilic paructs, and there are nn rcliresem.11cims. W.1;Fanlics m ur;dv.r1akiP1g5 made o1her lhuR as sal forth licrium 'hies agreement
may be am cin&d, m odi fi .d or i v nun wind kirk Iy Lot w o ti rtg- %i gn M by each of t h e pa- I I cs hericio
1311"lli- 11 (12]1 WJ6
Huntley Higgins
From: Sandy Walters <sandy@swcinc.net>
Sent: Monday, August 14, 2017 6:28 PM
To: Huntley Higgins
Subject: Pricing for No Name culvert
Importance: High
This includes for
• permit application—mapping wetlands with surveyor, making figures from survey lines, preparing report
conveying wetland constraints
• construction drawings—writing construction notes
As needed task—Mangrove Trimming Application for No Name Culvert Replacement, $5,000.00
Includes working with engineer to define specific area of trim, preparation of application and figures, processing of
application with DEP, acquiring permit
Sandy Walters, President
SWC
30S--294--1238 Main office (TRY THIS NUMBER F IRST)
305 -924-0195 CE-41
s2,njy2syyd n c, n e t
We;re1the,re1f&ryou4
KEY WEsY HoLLYWOOD
MlAMI FoRT MYERS
Engineers w Plermrs ® Sdentists
ATTACHMENT 4
5 MOI W.RWM 11 slallittl ILT-11 site] I 11MI'MRITIMIrt UUMMENI'm immv�m
Loom
t• lif Ivi•l• Illrellm 16103 1 114f.101110aw Lq I III Imfoll moll 1&#[#] 11 Ir Lots LI'm 11:1gr4wim"lall - •
bharl &amirez, H.L. • jmz- •
Heidi Amigot, E.I.
Raymond Goenaga, E.I. Senior En • ineering Technician
Salvaltir Gtnzalez, E. 1. Senior En-qineering Technician
laniel Giraldo Engineerin Technician
AMENDMENT 1 TO THE
AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES
THIS AMENDMENT 1 to the Agreement dated January 16, 2014, between Monroe County, whose address
is1lOO Simonton Street, Room 2-216 Key West, Florida 33O4O hereafter the °COUNTY" and EA[ Consulting |nc,a
Corporation mf the State mf Florida, whose address is81 57`" Avenue, Suite 4U2, Miami, Florida 331%6
hereafter the "CONSULTANT" is entered into on this _V�day of 2015.
WHEREAS, on the l6 m day nf January 2014, the parties entered into an Agreement for OnCall
Professional Engineering Services authorizing the Consultant to provide professional services for miscellaneous
projects in which construction costs do not exceed $2,000,000.00 in the form of Task Orders issued for specific
services; and
WHEREAS, personnel referenced in Section 2.3 and Section 6.1 of the Agreement has changed and the
County finds the change in personnel acceptable:
agree to amend the Agreement as follows:
Section 2.3 Notice Requirement — Replace Huntley Higgins with Sharmin Siddique, P.E.
Section 6.1 Personnel - Replace Huntley Higgins with Sharmin Siddique, Project Manager
in all other respects the Agreement dated January 16, 2014 remains in full force and effect.
In WITNESS WHEREOF each party hereto has caused this contract to be executed by its duly authorized
representative.
(SEAL) *zzeuz:
.
.107 *,41X91 Z019 10 1 C1401 LvA I
Mailor Ch an..
EAC CONSULTING IN
By:_
Vk ]
~
N
'
(
/ ~/
This Agreement ("\o made and anhanad into this my of
2 by and between Monroe Cmunh/, o poUUoat subdivision of the State of Florida, vvh6oa
address is 1100 Simonton Stmaet, Key West, Florida, 33040. its suooeam]nm and assigns,
hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners
EAC Consulting, Inc., a Corporation of the State of Florida, whose address is 815
NW 57th Avenue, Suite 402, Miami, Florida 33126 its successors and assigns, hereinafter
referred to as "CONSULTANT",
WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT
for various County Projects located in Monroe County, Florida and
�
�
WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects �
in which construction costs do not exceed $2,000,000.00
Specific services will be performed pursuant to individual task orders issued by the COUNTY aU
agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedu
charges and payment conditions, and additional terms and conditions that are applicable to sucl
Task Orders.
TT 9 M 0431
The terms and conditions of this Agreement shall apply to each Task Order, except to the extent
expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of
this Agreement to be modified will be specifically referenced in the Task Order and the modification
shall be precisely described.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
ii 04=4 4*01 Z k r-11 I I
By executing this Agreement, CONSULTANT makes the following express representations and
iv,q rr, ties to the COUNTY:
1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties
hereunder have been fully satisfied;
1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under
which the Work is to be completed.
Mperformance and those directly under his employ.
1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the
CONSULTANT or any of his/her employees, contractors, servants, or agents to be
employees of the Board of County Commissioners for Monroe County.
1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
in its recruiting, hiring, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
ERUI1 - 11111W
�Illii :2 41#1 ayll: '
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement shall
be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail,
return receipt requested, to the following:
Ms. Judith Clarke, P.E.
1irector • Engineering Services —
Monroe County
V&D.Sin-Lo-nt,on Street Room 2-216
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
7ZOTINVIRSIMUM
[OL911
Miami, Florida 33126
F-119"I 11110610IF-III&A
N
I
3.1 Additional services are services not included in the Scope • Basic Services. Should the
COUNTY require additional services they shall be paid for by the COUNTY at rates or fees
negotiated at the time when services are required, but only if approved by the COUNTY
before commencement.
3.2 If Additional Services are required the COUNTY shall issue a letter requesting and
describing the requested services to the CONSULTANT. The CONSULTANT shall
respond with a fee proposal to perform the requested services. Only after receiving an
amendment to the Agreement and a notice to proceed from the COUNTY, shall the
CONSULTANT proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project including
physical location of work, county maintained roads, maps.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
to the Project. The COUNTY or its representative shall render decisions in a timely manner
pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable
delay in the orderly and sequential progress of the CONSULTANT'S services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have been
duly served if sent pursuant to paragraph 2.3.
, �.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such documents are
generally consistent with the COUNTY's criteria, as, and if, modified. No review of such
documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy,
fitness, suitability or coordination of its work product.
EMMA RM M TO, M � !I
,1 ,'.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
M
I
5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the
indemnification provided for above. The extent • liability is in no way limited to, reduced,
• lessened • the insurance requirements contained elsewhere within this agreement.
Should any claims be asserted against the COUNTY by virtue of any deficiency or
?.mbiguity in the plans and specifications provided ♦ the CONSULTANT, the
CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall
indemnify him from all losses occurring thereby and shall further defend any claim or
action on the COUNTY'S behalf.
5.4 The extent of liability is in no way limited to, reduced ♦ lessened by the insuranct-
So long as the individuals named above remain actively employed ♦ 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 V11
7.1 PAY MENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S
performance of this Agreement based on rates negotiated and agreed upon and shown in
Attachment A.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set fortr
herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to tht.
Local Government Prompt Payment Act 218.70, Florida Statutes.
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward
or downward;
7.3 REIMBURSABLE EXPENSES
b. Cost of reproducing maps or drawings or other materials used in performing the scope
of services;
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal
year (October 1 - September 30) by COUNTY's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the COUNTY's Board of
County Commissioners.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration.
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, ths-
CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting
from such delay.
IRVMMSVS��
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,0001
Disease, policy limits, $1,000,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims for 0
injuries to members of the public and/or damages to property of others arising from use z
0
of motor vehicles, including onsite and offsite operations, and owned, hired or non- T-
owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One
Million Dollars ($1,000,000.00) annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence
and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims
made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover
claims made after completion of the project to cover the statutory time limits in Chapt
95 of the Florida Statutes.
i It A] 192 01 OWN 9 1 slao W I 0191FIfflEg I LgRair, 1 A �z I I Lai tm
COUNTY during the term of this Agreement. COUNTY will not pay for increased limits
• insurance for subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured. The
COUNTY reserves the right to require a certified copy of such policies upon request.
If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance wil:�
be required. In addition, the CONSULTANT may be required to submit updated financia:'
statements from the fund upon request from the COUNTY.
WE *0 1 IQ Z I M W-11 I] I L'
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part • this Agreement
?.nd will not be used in the interpretation • any provision • this Agreement.
The documents prepared by the CONSULTANT for this Project belong to the COUNTY and 0
may be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
-ights in favor of, any third party.
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONSULTANT.
- a'
Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
* r k 111 M ♦' a 110161
CONSULTANT This contract consists of the Request for Proposals, any addenda, the Form of Agreeme
(Articles I-IX), the CONSULTANT'S response to the RFQ, the documents referred to
the Form of Agreement as a part of this Agreement, and attachments A, B and C, a
modifications made after execution by written amendment. In the event of any confli
between any of the Contract documents, the one imposing the greater burden
the • •
amount In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subconsultant has committed an act defined
by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of the
of i ney involved or • i been placed • • '•
vendor
CONSULTANT will promptly notify or • • is or
subconsultant is formally • • with an act defined s • or
has been placed • ! e. R vendor
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid • the COUNTY.
9.10 SEVERABILITY
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions • this Agreement shall bind and inure tit
the benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
Each party represents and warrants to the other that the execution, delivery an4
performance of this Agreement have been duly authorized • all necessary County anV
corporate action, as required by law.
that all applications, requests, grant proposals, and funding solicitations shall be approve4
• each party prior to submission.
OUVJWITS���
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.
10,10, 1 ON I W Ilk I W-TITI a, WIN
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
kv.?iver.
LI [*I LI Y-11 kq Lei 21
No covenant or agreement contained herein shall be deemed to be a covenant or
9,greement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent • employee • Monroe County shall •
liable personally on this Agreement or be subject to any personal liability or accountability
• reason • the execution • this Agreement.
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 • the parties hereto may execute this Agreement by signing any such
counterpart.
I I I
r�� III! III! TIMOR III
c), CONSULTANT will comply, and ensure its sub-consultants will comply, with the Certificati
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covere
Transactions in 49 C.F.R. Part 29, when applicable.
CONSULTANT and all sub -consultants agree to utilize the U.S Department • Homeland
Security's E-verify System to verify the employment eligibility of all new employees hired by the
CONSULTANT • sub -consultants during the term • the contract.
0 , 1 4 11 W
Han%]
I rd to) 04*1 Lei gro I INDUTIMRM a WME a KR I MENDI ZZ a UQUIN Is OWL$ I n I A I K T I T J I q I a; I I Kom
5 a was 0
r-.1 la Kyle) I R I A In I &A iWA01 I I &j Lola M Lo -I-
IN WITNESS WHEREOF, each party has caused this Agreement to be executed • its duly
authorized representative on the day and year first above written.
NMI
FTAT MI
M-
Date: I 1 - 2014
ZV 'M
I il I WMAM
ONFIT lRas I MA
M
I
s
�s
E
co c �
�a
�a
Ca
�s
as
�a
E
m
La
x
LU
�a
0
Ca
w
E
EAC Consulting, Inc.
Position
Billing Rate
Principal
$
225.00
Project Director
$
215.00
Project Manager
$
190.00
Snr. Bridge Engineer
$
188.00
Snr. Civil Engineer
$
185.00
Project Engineer
$
125.00
Sr. Engineering Technician
$
95.00
Engineering Technician
$
85.00
Resident Engineer
$
80.00
Sr. Engineer Inspector
$
86.00
Engineer Inspector
$
72.00
Clerical
$
50.00
ATTACHMENT B
m
I
TEMP- 0— MMER ALAID CONTRACTS {A P PdQL
The following terms apply to all contracts in which it is indicated in Section 6.g of the 'Standard Professional Services
Agreement that the services involve the expenditure of federal funds:
A. It is understood and agreed that all rights of the Department relating to inspection, review, approval, patents,
copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this
Agreement shall also be reserved and held by authorized representatives of the United States of America.
g It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature may be
entered into by the parties hereto with regard to the work to be performed hereunder without the approval of the IJ.S.
Department of Transportation, anything to the contrary in this Agreement not withstanding.
C. Compliance with Regulations: The Consultant shall comply with the Regulations of the U.S. Department of Transportation
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this Agreement.
Sanctions for Noncompliance; In the event of the Consultant's noncompliance with the nondiscrimination provisions of this
contract, the Florida Department of Transportation shall Impose such contract sanctions as it or the Federal Highway
Administration, Federal Transit Administration. Federal Aviation Administration, andlnr Federal Motor Carrier Safety
Administration may determine to be appropriate, including, but not limited to,
1, withholding of payments to the Consultant under the contract until the Consultant complies rand /or
2. cancellation, termination or suspension of the contract, in whole or in part.
Incorporation or Provisions; The Consultant will Includat the previsions of Paragraph C through H In every suhconl art,
including procuromonts of materials and leases of eciuipment unless exempt by the Requlatiurts, order, or instructions
Issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the
Florida Department of Transportation, Fedora) Highway Administration, Federal Transit Administration, Federal Aviation
Administration, andlnr the Federal Motor Cafrnor Safety Administration may direct as a means of enforcing such
provisions, including sanctions for noncompliance. In the avent a Consultant becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the Florida Department
of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in
addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United
States.
Interest of Members of Congress; No member of or delegate to the Congress of the United States will be admitted to any
share or part of this contract or to any benefit arising therefrorn.
�s
E
�a
�a
A
Ca
�s
be
Q)
E
Cc
Z
0
Z
W)
�a
E
03
W
LU
ata
0
Ca
CI
W
Interest of Public Officials; No member, officer, or employee of the public body or of a local public body during his tenure
or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes
of this provision, public body shall Include municipalities and other political subdivisions of States, and public corporations,
boards, and commissions established under the laws of any State,
K Participation by Disadvantaged Business Enterprises: - rho Consultant shall agree to abide by the following statement from
49 CFO 26,13(b), This statements shall be included in all subsequent agreements between the Consultant and any
subconsultanL or contractor.
The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of DOT-assisted contracts, Failure by the Consultant to carry out these
requirements is a material breach of this contract, which may result in termination of this contract or other such
remedy as the recipient deems appropriate.
It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts
related to the project(s) described in this Agreement is a violation of the Federal Law, Accordingly, United States Code,
Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.
It is understood and agreed that if the Consultant at any time teams that the certification it provided the Department in
compliance with 49 CFR, Section 26,51, was erroneous when submitted or has become erroneous by reason of changed
circumstances, the (;onsullant shall provide immediate written notice to the Department. It is further agreed that the clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered
transactions and in all aforementioned federal regulation.
N 'rho Department hereby certifies that neither the consultant nor the consultant's representative has been required by the
Department, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this
contract, to
employ or retain, or agree to employ or retain, any firm or person, or
2, pay, or agree to pay, to any firm, person, or organization, any fop, contribution, donation, or consideration of any kind:
The Department further acknowledges that this agreement will be furnished to a federal agency, in connection with this
contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and
CIVIL
o . The Consultant hereby certifies that it has not:
employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or
person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract;
2, agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or
person in connection with caning out this contract; or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the
above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or
carrying out the contract.
7 lie consultant further arknowIncigns that this agreement will be furnished to the State of Florida Department of
Transportation and a tederal agency in connection with this contrast involving participation of Federal -Aid funds, and
subject to applicable State and Fmk.-ral Laws, both criminal and civil,
E
tt
(D
as
E
cu
Z
0
Z
W)
E
M
LU
X
LU
rta
0
Ca
CI
W
(D
E
Certification for Disclosure of Lobbying Activities on Federal Aid Contracts
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion f]
Federal Aid Contracts
N
I
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-33
PROCUREMENT
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES 10101
ON FEDERAL-AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
The prospective participant certifies, by signing this certification, that to the best of his or her knowledge
and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
Witwo:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-32
PROCUREMENT
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 10/01
INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL
AID CONTRACTS
(Compliance with 49CFR, Section 29.510)
(Appendix B Certification]
11 1 211 1 2 11 111!11 MINOR
Tebarment, declared ineligibie, or voluntarily excluclea TrurN PdFU(;IPdUU11 IH U11b UdIIbdUUUII IJj r"!
-lepartment or agency.
Name of Consultant:
By Date:
Authorized Signature
Title:
1 . By signing and submitting this certification with the proposal, the prospective lower tier participant is providing the certification
set out below.
I.. The terms'covered transaction', 'debarred', 'suspended', 'ineligible', 'lower tier covered transaction','participant', 'person', primary
covered transaction', 'principal', 'proposal', and 'voluntarily excluded', as used in this clause, have the meanings set out in the
Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this
proposal is being submitted for assistance in obtaining a copy of those regulations-
III R, ur TVIEFIL&IIIJ CAUIXIell 1I*[11
which this transaction originated.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the Nonprocurement List.
■ Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in goera
faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that whi
is normally possessed by a prudent person in the ordinary course of business dealings. I
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction Inowin
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded fro.
participation in this transaction, in addition to other remedies available to the Federal Government, the Department may pursu
available remedies, including suspension and/or debarment. I