Item F07r� BOARD OF COUNTY COMMISSIONERS
County of M onroe A Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
Ile Florida Keys ) �i� (� Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: F.7
Agenda Item Summary #2280
BULK ITEM: Yes DEPARTMENT: Engineering / Roads
TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 453 -8754
n/a
AGENDA ITEM WORDING: Approval of Amendment 1 to task order with CDM Smith, Inc., for
engineering design and permitting services for the Key Largo II Roadway and Drainage
Improvements project. This amendment adds $4,000.00 to the outside professionals surveying task.
ITEM BACKGROUND: Unnamed alleys designated as A, B and C in the Sunset Point
subdivision were not included in the original task order for surveying. This project was designed
with sea level rise adjustments and is comprised of the Bay Harbor, Sunset Point, Sunrise Point
Addition, Sunrise Point Revised Plat, Lime Grove Estates Section 1 and Rays Cuda Canal
subdivisions of Key Largo.
PREVIOUS RELEVANT BOCC ACTION:
In January 2016, the BOCC approved a task order with CDM Smith, Inc. for engineering design and
permitting services for the Key Largo II Roadway and Drainage Improvements project. This task
order was awarded under the On Call contract for Professional Services.
In January 2014, the BOCC approved the On Call contract for Professional Services between the
County and CDM Smith, Inc.
In March 2013, the BOCC approved a contract with Infrastructure Management Services (IMS)
Asphalt Pavement Analysis and Management Services.
CONTRACT /AGREEMENT CHANGES:
Add $4,000 to outside professionals - surveyor
STAFF RECOMMENDATION: Approval of Amendment 1 to task order
DOCUMENTATION:
Amendment 1 to Task Order with Attachment
Task Order - CDM Smith - 1 -20 -16
CDM Smith - on Call Contract
FINANCIAL IMPACT:
Effective Date: November 22, 2016
Expiration Date: 60 days post construction
Total Dollar Value of Contract: $312,716.00
Total Cost to County: $312,716.00
Current Year Portion: $50,000.00
Budgeted: yes
Source of Funds: County Roadway Improvement Fund 102
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: no If yes, amount:
Grant: applications in process
County Match: n/a
Insurance Required: yes
Additional Details: currently applying for FDOT and SFWMD grant funds
11/22/16 102 -22548 - PAVING BACKLOG - 102
Road Improvement Program
REVIEWED BY:
$4,000.00
Judith Clarke
Completed
11/01/2016 1:17 PM
Christine Limbert
Completed
11/01/2016 3:00 PM
Budget and Finance
Completed
11/01/2016 3:36 PM
Maria Slavik
Completed
11/02/2016 7:15 AM
Kathy Peters
Completed
11/02/2016 9:26 AM
Board of County Commissioners
Pending
11/22/2016 9:00 AM
• s
hereinafter referred to as the uCaunty' ana CDM Sm(th' Inc. hereinafter "Consultant" where -* - r: r: r� r - ■i
, 111 111
All terms r conditions of the referenced Contract For On _
Engineerin Services apply the Task Order Or modifies A rtic
of Agreement of be • r in this Task Order and
m odification shall be precisely describe
Witness:
(SEAL_)
Attest: Amy Heavilin, Clerk
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ate
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Sig nature a e
L e ei v I _! ! - 1 ■
B y:
D eputy Clerk
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Amendment I Key Largo It Roadway and Drainage Improvement Project
CDM Smith Inc.
Nov. 22, 2016
Page I of 1
ATTACHMENT
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T1 AVIROM & ASSOCIATES, INC.
SURVEYING & MAPPIN
November 1, 2016
Via E -Mail - schmidtrp(a�cdmsmith.com
Mr. Rodger P. Schmidt, P.E.
Senior Project Manager
CDM Smith
2301 Maitland Center Parkway, Suite 300
Maitland, FL 32751
Re: Topographic Route Survey of Streets A, B & C, Key Largo H, Monroe County, FL
Dear Rodger:
Subsequent to your request, we will provide a Topographic Route Survey along three (3) streets
on the bayside as delineated in yellow on the attached Exhibit A below, incorporated herein for
reference.
Scope
Limits
The topographic survey limits shall be along 3 streets with an approximate total length of 750
linear feet as delineated in yellow on the attached Exhibit A below. The bandwidth shall be
within the full width of the right -of -way of each street.
Topographic Route Survey
1. We shall obtain all recorded plats and right -of -way maps to graphically delineate the platted
boundary lines within the digital files. Surveyor shall recover sufficient monumentation in
the field to spatially place the plats within the digital file. There is no provision to perform
boundary surveys or surveys to resolve conflicts, ownerships or occupation issues relative to
the recorded instruments.
402 ARRELROUTH LANE, SUITE 2E, KEY WEST, FLORIDA 33040
[3051 294-7770 WWW.AVIROMSURVEY.COM
Mr. Paul Q. Snead, PE
Additional Topographic Route Survey
P {age 12
November 1, 2016
2. We shall research the Monroe County Property Appraiser's database to delineate the current
ownership lines within our survey. We will graphically delineate right -of -way lines and lot
lines from information obtained by this firm from recorded plats and/ or right -of -way maps,
readily available from the Public Records of Monroe County at the time of the survey. This
information will be spatially placed within the digital file of the topographic survey, based on
recovered monumentation to depict the lines relative to the topographic locations. This is not
a boundary survey and the information should not be relied upon as such. It is strongly
recommended that if the design is contingent on accurate boundary placement and especially
prior to construction, a boundary survey should be performed to establish the lines. We will
not be responsible for the misuse of the topographic survey for purposes it was not intended.
3. Establish a minimum of six (6) National Geodetic Vertical Datum of 1929 (NGVD 29)
benchmarks at the site, referenced to a published Benchmark Network by the National
Geodetic Survey (NGS). The benchmarks shall also be referenced horizontally to the North
American Datum of 1983 (NAD 83), current adjustment and tied to the National Geodetic
Survey Geodetic Control Network. The vertical and horizontal controls (nail & disk) set
shall be placed at the commencement and termination points of the topographic route survey.
4. We shall locate all above ground improvements including, but not limited to pavement,
ramps, driveways, steps, gates, top of curb, bottom of curb, flow line, edge of pavement,
centerline of pavement, bottom of gutter, back of walk, face of walk, and above ground
evidence of utility. We will obtain rim elevations, pipe size, material and inverts of sewer and
drainage structures where possible. Due to the nature of obtaining the data where the
structures are in use, the information obtained may be the best approximation of the true
measurements. It is the responsibility of the end user to verify the diameter and material
utilizing as -built drawings or other resources prior to construction. Utility locations will
include fire hydrants, water valves, meter boxes, vaults and electrical outlets, power poles
and overhead wires. We will locate wells, main irrigation valves, but will not locate
individual sprinkler heads. There is no provision for the excavation, probing or location of
underground utilities structures or improvements. Utilities shall be located to the extent that
they are above ground and visible. This proposal does not include the contracting of an
underground utility locating service to locate the subsurface utilities.
5. Sections shall be taken at 100' intervals, including high and low points including significant
grade breaks.
Deliverable
Two (2) signed and sealed hard copies of the survey shall be furnished to the client, together with
an AutoCAD (2014 or lower) digital drawing. The drawing scale shall be at 1 " =20'. We shall
also provide an ASCII comma delimited file and a DTM file of the project.
AVIROM & ASSOCIATES, INC.
Mr. Paul Q. Snead, PE
Additional Topographic Route Survey
Time Frame
PaL 13
November 1, 2016
We can mobilize within one week from a Notice to Proceed and have the project completed four
(4) weeks after mobilization.
Fee:
The fee to provide the above service is a lump sum amount of $4,000.00.
General Conditions.
All invoices are due and payable in full upon receipt. Surveyor reserves the right to withhold
certified prints and files to client or client's consultants until payment is made in full. If payment
is not received within 10 days of the invoice date, a late charge may be added to the invoice in an
amount not to exceed 1 1 /2 percent per month on the outstanding balance. If payment is not
received within 45 days of the invoice date, Surveyor may terminate this agreement or suspend
work under the agreement until payments have been made in full. The undersigned agrees to pay
reasonable attorney fees up to 50% and all costs and expenses incurred by Avirom & Associates,
Inc. in the collection of any past due obligation.
Electronic data files furnished by Avirom & Associates, Inc. in connection with this project are
instruments of service. All original instruments of service shall be retained by Avirom &
Associates, Inc. and will remain their property, with all common law, statutory and other
reserved rights, including copyright, in those instruments. This information provided in the
instruments of service is proprietary and will not be shared with others without prior written
consent. The client may request reproducible copies, and all original documents upon payment
of all outstanding invoices, and expenses.
Copies in excess of four prints, Federal Express, deliveries and out -of- pocket expenses will be
charged to client at cost. Additional prints will be charged at $5.00 per print.
Revisions to survey requested by governmental agencies that are more stringent than Standards
of Practice as set forth in Chapter 5J -17 FAC pursuant to Section 472 Florida Statutes will be an
additional expense to client based on our current hourly rates.
We thank you for the opportunity to submit this proposal and we look forward to working with
you on this project.
Should you have any questions or comments, please feel free to contact me.
Respectfully,
`E
Keith M. Chee -A -Tow, P.L.S.
Project Manager
AVIROM & ASSOCIATES, INC.
Mr. Paul Q. Snead, PE
Additional Topographic Route Survey
EXHIBIT A
AVIROM & ASSOCIATES, INC.
PaL 14
November 1, 2016
TASK ORDER FOR ON CALL PROFESSIONAL DESIGN AND PERMITTING
SERVICES BETWEEN MONROE COUNTY AND CDM SMITH INC.
FOR
KEY LARGO II ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT
In accordance with the Continuing Contract for On Call Professional Engineering
Services made and entered on the 16th day of January, 2014 between Monroe County
hereinafter referred to as the "County" and CDM Smith Inc. hereinafter referred to as
"Consultant" where design services are allowed if construction costs do not exceed
$2,000,000.
All terms and conditions of the referenced Contract for On Call Professional Engineering
Services apply to the Task Order, unless the Task Order modifies an Article of the
Agreement of which will be specifically referenced in this Task Order and the
modification shall be precisely described.
This Task Order is effective on the 20th Day of January, 2016 and shall expire 60 days
after construction is complete.
Article II Scope of Basic Services, Paragraph 2.1.1 is amended as follows:
The scope of services for the Key Largo II Roadway And Drainage Improvements project
will include completion of design for construction and any required SFWMD permitting
for the asphalt overlay, milling and resurfacing, roadway reconstruction including
establishing roadway crowns and the installation of french drains for the specified roads
in the Bay Harbor, Sunset Point, Sunrise Point Addition, Sunrise Point Revised Plat,
Lime Grove Estates Section 1 and Rays Cuda Canal subdivisions of Key Largo.
The Design for Construction shall include, but shall not necessarily be limited to, plans
and specifications which describe all systems, elements, details, components, materials,
equipment, and other information necessary for construction. The Design for
Construction shall be accurate, coordinated and in all respects adequate for construction
and shall be in conformity, and comply, with all applicable law, codes, permits, and
regulations. Products, equipment and materials specified for use shall be readily
available unless written authorization to the contrary is given by the County.
Details of the scope of services are outlined below and included in the Consultant's
proposal that is attached to this task order as Exhibit A.
1.0 DESIGN DEVELOPMENT
The Consultant will evaluate existing adjacent environment and habitat and provide a
design that eliminates or minimizes impacts to the surrounding environment and habitat.
2.0 CONSTRUCTION DOCUMENTS PHASE
2.1 The Consultant shall prepare, for approval by the County, Construction
Documents consisting of Drawings and Specifications setting forth in detail the
requirements for the construction of the project. Construction documents shall conform
to the standards contained in the following:
Key Largo II Roadway and Drainage Improvement Project
CDM Smith Inc.
Dec.23, 2015
Page 1 of 7
Florida Department of Transportation Roadway Plans Preparation
Manuals
htt2 dot.state.fl.us /rddesi n /PPMManual /PPM.shtm
2. Florida Department of Transportation Design Standards
hqp / /www. dot, state. fl. uslyddesign /DesignStandards /Standards.shtm
3. Florida Department of Transportation Manual of Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and
Highways http /lwww,dot.state.fl.us/rddesign/FloridaGreenbook/FGB.shtm
4. Florida Department of Transportation Surveying Procedure
httr)://www2.dot.state.ft.us/t)roceduraldocuments/Drocedur
5. Florida Department of Transportation Drainage Manual
htt ., // dot state,ft. dde ign/ r /files /2008DrainageManual,pdf
6. MUTCD
hftp: / /mutcd fhwa dot qov/
7. American Disabilities Act
htt // 2.dot.state.fl.us/ rocedura[documents/ roced /bin /6250200
1 5. pdf _
Florida Department of Transportation Flexible Pavement Design Manual
htt :// .dot.stat .fl,us/ avementmana ement/PUBLICATIONS.shtm
9. Florida Statutes
http: / /www,leg. state. fl. us /Statutes /index.cf ?Mode= View %20
bmenu- 1&Tab- statutes &CFID = 14677574 &CFTOK N= 617961948
2.2. The Consultant shall provide Drawings and applicable Technical Specifications
for the County's review.
2.3 Upon completion of the Construction Documents Phase, the Consultant shall
provide Construction Documents for the County's approval. Upon approval by the
County the Consultant shall provide the County up to 3 sets of Construction Documents
that have been signed and sealed by the Consultant. The Consultant shall also provide
an electronic version of the construction documents. The Consultant shall provide an
estimate of anticipated construction cost in accordance with the construction
development phase.
2.4 The Consultant shall assist the County in the preparation of the necessary
bidding information for the production of bidding forms, the Conditions of the Contracts,
and the forms of Agreements between the County and the Contractors by providing
supporting information as to the projects scope, bid items, estimated quantities and
construction duration. The County shall prepare all Bidding Forms, Conditions of the
Contract, and Forms of Agreement.
2.5 The Consultant's construction documents (plans, specifications, etc) will conform
to all codes and regulations of the federal government, county, state, municipalities,
Key Largo II Roadway and Drainage Improvement Project
CDM Smith Inc.
Dec.23, 2015
Page 2 of 7
agencies and state departments, in effect at the date of this Agreement, and shall be of
such completion as to be acceptable for review and ruling by said agencies when
permits are applied for. The Consultant shall use due care in determining permit
requirements and shall meet with regulatory agencies as necessary to coordinate
specific permit requirements. The Consultant shall document all meetings and
conversations with said regulatory agencies. If permits are denied for incompleteness or
for lack of following said codes or regulations, or permit requirements, then the Engineer
will conform the construction documents in such manner to receive permits upon such
plans. Work required by the Consultant to conform documents to federal, state, city,
county, or agency specifications to allow them to be approved shall be completed at no
charge or cost to the County, unless said requirements are changed during the course of
the project.
2.6 The County shall be responsible for the timely submittal of all permit application
fees.
2.7 At the 90% and 100% design phases the Consultant shall provide drawings and
other documents which depict the current status of design for the County's review and
information. The Consultant shall provide an estimate of anticipated construction costs
and construction schedule.
2.8 As needed, the Consultant will provide clarification and answers to questions
from prospective bidders during the construction bid process. Answers will be provided
in a timely manner in order to facilitate bidding.
3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS
To satisfactorily perform the Construction Documents phase requirement, the
Engineer must complete the tasks set forth in items 3.1 through 3.4.
3.1 Construction Plans — This consists of, at a minimum, Key Sheet, Summary of
Pay Items and Quantities, Drainage Map, Project Layout, Plan and Profile sheets,
Typical Sections, Detail sheets, General Notes, Traffic Control Plan. Construction plans
shall be in accordance with FDOT Plans Preparation Manual.
3.2 Specifications — For general specifications, FDOT Specifications will be used.
Comprehensive, abbreviated methods, materials and systems descriptions in tune with
the drawings will be developed as necessary with Technical Special Provisions.
3.3 Schedules — Prepare an estimate of the Construction Time.
3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance
with the Construction Documents.
4.0 CONSTRUCTION COST
Contemporaneously with the submission of the Design, the Consultant shall submit to
the County in writing its final Opinion of Probable Construction Cost (OPCC) for
constructing the Project. Once submitted, the final anticipated price estimate shall be
Key Largo II Roadway and Drainage Improvement Project
CDM Smith Inc.
Dec.23, 2015
Page 3 of 7
adjusted by the Consultant to reflect any increase or decrease in anticipated price
resulting from a change in Design.
4.1 The Construction Cost shall be the total estimated bid cost to the County of all
elements of the Project designed or specified by the Consultant.
4.2 The Construction Cost shall include the cost at current market rates of labor and
materials and Equipment designed, specified, selected or specially provided for by the
Consultant, plus a reasonable allowance for Contractor's overhead and profit.
4.3 Construction cost does not include the compensation of the Consultant and the
sub - consultants, the costs of land, rights -of -way, financing or other costs which are the
responsibility of the County.
5.0 CONSTRUCTION PHASE
5.1 The Consultant shall review and approve or take other appropriate action upon
Contractor submittals and requests for information. The Consultant's action shall be
taken with such reasonable promptness as to cause no delay in the Contractor's Work or
in construction by the County's own forces, while allowing sufficient time in the
Consultant's professional judgment to permit adequate review. In general, said review
and action shall be completed in 10 working days from receipt of a shop drawing
submittal, excluding resubmittals. Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness of other details such as
dimensions and quantities or for substantiating instructions for installation or
performance of equipment or systems designed by the Contractors, all of which remain
the responsibility of the Contractors to the extent required by the Contract Documents.
The Consultant's review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Consultant, of construction means, methods,
techniques, sequences, or procedures.
5.2 The Consultant will provide answers to Requests for Information (RFIs) from the
Contractor, as needed during construction and will implement any required plan
revisions.
5.3 The Consultant shall, without additional compensation, promptly correct any
errors, omissions, deficiencies, or conflicts in the work product of the Consultant or its
consultants or both.
5.4 The Consultant must reimburse the County for any "added costs" paid by the
County for additional construction cost that were incurred as a direct result of any error,
omission, deficiency, or conflict in the work product of the Consultant, its consultants, or
both. "Added costs" is defined as the cost incurred from any additional work required on
the project that was necessitated solely by the error, omission, deficiency or conflict in
the work product. The added cost is limited to the increase to the construction cost for
additional work and does not include costs that are normally incurred as part of the
project or would have been incurred had no error, omission or deficiency occurred, and
addressed by a change order of already established unit costs. The Consultant shall not
be held responsible for additional deficiencies found due to a delay in the construction of
Key Largo II Roadway and Drainage Improvement Project
CDM Smith Inc.
Dec.23, 2015
Page 4 of 7
the project or for those hidden deficiencies that could not reasonably be determined
through a review of current field conditions by the Consultant or subconsultants.
5.5 The Consultant shall furnish to the County, upon project completion, the
following:
2 sets of 11" X 17" signed and sealed Record Drawings
2 sets of final documentation
1 set of final CADD files on CD
The Consultant's Engineer of Record in responsible charge of the project's design
shall professionally endorse /certify the record prints, the special provisions and all
reference and support documents.
5.6 The Consultant will attend the pre- construction meeting and as needed, attend
the periodic construction progress meetings.
Article VII, Paragraph 7.1 is amended to include the following:
The Consultant shall be paid monthly for time and expenses based on hourly rates and
the following not to exceed amounts (except where noted):
Task 1. Data Collection & Preliminary Design Evaluation $ 35,944
Task 2:. Design and Plans Production and Bid Support $ 114,084
Task 3: Environmental Resource Permitting (not to exceed) $ 10,592
Task 4: General Engineering Services During
Construction $ 23,576
Task 5: Meetings, Project Management and Quality Control $ 40,364
Outside Professionals (lump sum) $ 74,056
Other Direct Costs $ 10,100
Total (not to exceed) $ 308,716
Article IX Miscellaneous, Paragraph 9.21 is amended to add the following:
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public
records laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required
by Monroe County in order to perform the service.
(b) Provide the public with access to public records on the terms and conditions that
Monroe County would provide the records and at a cost that does not exceed the cost
provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to
Monroe County all public records in possession of the contractor upon termination of the
Key Largo II Roadway and Drainage Improvement Project
CDM Smith Inc.
Dec.23, 2015
Page 5 of 7
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to Monroe County in a format that is compatible with the information
technology systems of Monroe County.
Paragraph 9.30 Federal Highway Administration Requirements do not apply to this
project.
IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly
authorized representative.
Consultant
Witness:
CDM,SynIth Vic. .
i
Sign to Signature Date
I
Title
Key Largo II Roadway and Drainage Improvement Project
CDM Smith Inc.
Dee.23, 2015
Page 6 of 7
Date: _/ /,q O / /
EXHIBIT A
CONSULTANT'S PROPOSAL
Key Largo II Roadway and Drainage Improvement Project
CDM Smith Inc.
Dec.23, 2015
Page 7 of 7
TASK WORK ORDER NO. 2
Monroe County, Florida
Key Largo II — Roadway and Drainage Improvements Project
November 13, 2015
This Authorization, when executed, shall be incorporated in and become part of the Agreement for
Professional Services between the Monroe County (COUNTY), and CDM Smith Inc. (CONSULTANT), dated
January 16, 2014, hereafter referred to as the Agreement.
PROJECT BACKGROUND
COUNTY has requested that CONSULTANT provide engineering design and construction administration
services for paving, drainage and associated improvements to COUNTY roadways located in Key Largo,
Florida. As shown on Exhibit A, attached, the roads included in this study are North Bay Harbor Drive,
South Bay Harbor Drive, Bonito Lane, Cuda Lane, Dove Road, Heron Road, Lobster Road, Mockingbird
Road, Red Bird Road, Snapper Lane, Sunset Court, and Sunset Road. These roads are in the Bay Harbor,
Sunset Point, Sunrise Point Addition, Sunrise Point Revised Plat, Lime Grove Estates Section 1 and Rays
Cuda Canal subdivisions of Key Largo.
SCOPE OF WORK
The following is a description of the services to be provided under this Task Authorization:
• Evaluate the subdivision roads to determine the appropriate rehabilitation method (resurfacing,
widening, reconstruction)
• Design of appropriate rehabilitation method and associated drainage improvements
• Preparation of contract documents and technical specifications in coordination with standard County
requirements
• Apply for a Permit Exemption from the South Florida Water Management District (SFWMD)
• Provide support during construction in responding to Contractor's needs and inquiries
• Assistance with project close -out
TASK 1.0 — DATA COLLECTION & PRELIMINARY DESIGN EVALUATION
Subtask 1.1 Data Collection and Field Investigation
The CONSULTANT will review documents provided by the COUNTY, such as Geographic Information
Systems (GIS) data and Pavement Assessment Reports.
The CONSULTANT's roadway designer will perform a field investigation with County Public Works (roads
and utility) staff on the same day as the kick -off meeting (Task 5.1) to gather data and identify potential
problem areas that will require additional pavement cores to be performed by the geotechnical
consultant and to locate utilities in the roadway. The CONSULTANT will take notes and photographs
during the field investigation to document observations, discussions, and recommendations.
The CONSULTANT'S drainage designer will also attend the field investigation to assess existing drainage
patterns and identify potential locations for exfiltration trenches.
Subtask 1.2 Roadway Pavement Analysis
The CONSULTANT will evaluate the data obtained to determine the appropriate method of rehabilitation
for the twelve (12) roads included in this study and as shown on Exhibit A. Rehabilitation methods include
milling and resurfacing of streets in good condition or reconstruction of streets showing evidence of
CDM Page 1 of 7
pavement failure or significant flooding. The CONSULTANT will recommend a rehabilitation method for
each street or logical segments of each street for review and approval by the COUNTY. For purposes of
this scope of services, it is assumed that twelve (12) roads will be improved: six (6) roads will be resurfaced
and six (6) roads will require reconstruction based on pavement condition index (PCI). In addition, three
(3) narrow roads will be widened to comply with the minimum pavement width requirement of 18 feet.
Subtask 1.3 Drainage Analysis
The CONSULTANT will prepare a conceptual drainage plan outlining the locations of ditch grading
improvements and exfiltration trench locations. The plan will be based on drainage needs determined
during the field review and evaluation of the drainage patterns from the obtained ground survey for the
project.
TASK 2.0 — DESIGN AND PLANS PRODUCTION
Subtask 2.1 Roadway Design
The CONSULTANT will design the following roadway elements in accordance with governing standards
(AASHTO — 2011 A Policy on Geometric Design of Highways and Streets and /or 2011 FDOT Greenbook —
Florida Manual of Uniform Minimum Standards Design, Construction and Maintenance for Streets and
Highways), as practical:
• Milling and resurfacing of roads in fair and /or good condition.
• Widening of narrow roads to meet minimum 18 -foot width requirement.
• Reconstruction of roads with evidence of structural failure.
Subtask 2.2 Drainage Design
The drainage design tasks will include the following elements:
• Exfiltration trenches will be provided throughout the project as needed to facilitate positive drainage
in areas of significant ponding within the roadway and /or right -of -way. The existing seepage trenches
that are observed during the field review or survey and /or provided by Monroe County will be replaced
with exfiltration trenches. The exfiltration trenches will be detailed in the plans. CONSULTANT will
determine the approximate horizontal extent of underground utilities including water and sewer at
the proposed exfiltration trench locations. CONSULTANT will locate the proposed exfiltration trenches
to minimize utility impacts. CONSULTANT will provide design details for utility relocations as required.
The vertical extent of the underground utilities will not be obtained for this project.
• A detailed drainage approach with the locations of the proposed drainage improvements will be
included in the Conceptual Design submittal. The final proposed drainage improvements will be
included in the construction plans.
Subtask 2.3 Preparation of Contract Documents
The CONSULTANT will prepare Construction Documents, including final plans and technical specifications.
The plans will include the following major elements:
• Key Sheet (1)
• General Notes (1)
• Special Details (2)
• Typical Section Sheets (1)
• Project Layout (1)
• Roadway Resurfacing Plan Sheets (1 per road)
CDM Smith Page 2 of 7
• Roadway Reconstruction Plan /Profile Sheets (1 per road)
• Cross Sections for Reconstruction and /or Widening (15 sections per road)
• Stormwater Pollution Prevention Plan (1)
• Miscellaneous Design Standards /Temporary Erosion Control Details (1)
In addition, the following deliverables are anticipated for this task:
• Three (3) copies of conceptual design sketch and project approach /criteria memorandum
• Three (3) copies of 90% Construction Documents (plans and technical specifications);
• Cost estimates at 90% and 100%
• One (1) electronic copy of 100% Construction Documents (plans and technical specifications) with
Draft Environmental Resource Permit (ERP) application package
• One (1) electronic copy of SFWMD ERP Application and Permit
• Three (3) signed and sealed sets of 100% Construction Plans and Technical Specifications for the
County's files.
Subtask 2.4 Procurement Assist
CONSULTANT will assist the County in their preparation of Bid Forms and other Division 0 front -end
documents. CONSULTANT will prepare responses to technical questions from prospecting bidders
TASK 3.0 - ENVIRONMENTAL RESOURCE PERMITTING
The CONSULTANT will schedule and conduct a pre - application meeting with SFWMD to determine the
permitting requirements for the project. It is anticipated that water quality treatment will not be required
for the mill and resurface and reconstruction improvements but will be required for the roadway
widenings. CONSULTANT will prepare and submit an Environmental Resource Permit application for the
proposed roadway widenings if necessary. The application will not include recommendations for
mitigation or other information for potential impacts to protected plants and /or species. Additionally,
CONSULTANT will confirm that permitting with other agencies other than SFWMD, such as the Army Corps
of Engineers, Florida Department of Protection and National Marine Fisheries is not required. It is
anticipated that the SFWMD permitting requirements will require the retention of stormwater from the
widened roadways which will be provided within the proposed exfiltration trenches to be designed by
CONSULTANT as included in Subtask 2.2 (Drainage Design).
TASK 4.0 - GENERAL ENGINEERING SERVICES DURING CONSTRUCTION
Subtask 4.1 Shop Drawing Review
The CONSULTANT will review and approve shop drawings that the contractor is required to submit.
Subtask 4.2 RFI Responses
The CONSULTANT will review requests for information (RFI) submitted by the Contractor and provide
responses.
Subtask 4.3 Plan Revisions
The CONSULTANT will prepare and submit up to three (3) plans revisions to address minor design changes
as a result of unforeseen field conditions or approved Contractor recommendations.
Subtask 4.4 As -Built Record Drawings
The CONSULTANT will use the design CADD files as a base to prepare as -built record drawings in CADD.
The as -built revisions are to be provided as red -lined plans by the Contractor or COUNTY'S project field
CDM
Smi
th Page 3 of 7
inspector /RPR.
Subtask 4.5 SFWMD As -Built Certification
The CONSULTANT will prepare and submit the SFWMD as -built certification form as required by SFWMD
to transfer the project to the operations phase. This task includes a site visit to confirm the project was
constructed in accordance with the SFWMD permit conditions.
TASK 5.0 - MEETINGS, PROJECT MANAGEMENT AND QUALITY CONTROL
Activities performed under this task consist of those general functions required to maintain the project on
schedule, within budget, and that the quality of the work products defined within this scope is consistent
with CONSULTANT's standards and the COUNTY's requirements. Specific activities included are identified
on the following page:
Subtask 5.1 Project Kick -Off Meeting
CONSULTANT will prepare for and conduct a kick -off meeting for the project with County staff to review
the scope of services, schedule and budget, and discuss initial design issues /preferences and gather any
additional available data. CONSULTANT will prepare and distribute draft and final meeting minutes to all
attendees.
Subtask 5.2 Project Management
CONSULTANT's project manager will prepare and submit monthly written status reports for an anticipated
project life of 19 months. This task also includes monthly project status review management meetings,
and periodic progress internal team meetings.
Subtask 5.3 Project Quality Control (QC) Technical Review
CONSULTANT maintains a QC program on all of its projects. Technical Review Committee (TRC) meetings
are budgeted for and will be performed before submitting the deliverables. The TRC review includes a
detailed review of each discipline by a Senior Engineer trained within that discipline as well as a
constructability review by a Senior Construction Engineering Inspection (CEI) engineer.
ASSUMPTIONS
The above described engineering services have been based upon the following assumptions:
• The COUNTY will make the existing information available to the CONSULTANT in a timely fashion.
• The COUNTY will utilize its boilerplate, bid forms and front -end contract documents (Division 0) and
prepare all bid forms. If the CONSULTANT believes that significant changes or supplemental conditions
are required to the COUNTY's front -ends, the CONSULTANT will discuss the recommendations with
the COUNTY and provide a separate proposal for an amendment for additional scope and
compensation.
• The COUNTY will provide review comments within two weeks of delivery of submittals requested to
be reviewed.
• The COUNTY will be available for key meetings within two weeks of the requested date.
• Construction inspection /RPR services are not included in the CONSULTANT scope of work and will be
provided by the COUNTY. COUNTY will provide CONSULTANT with weekly copies of the daily field
inspector reports.
• CONSULTANT services for SFWMD and Contractor request(s) for information are generally limited to
those items covered within the scope of services provided here -in. Additional items, such as
stormwater treatment facilities (ponds) and storm sewer design are not included within this scope of
services and will require an addendum to this contract.
C'd'A)M
Page 4 of 7
mith
• The vertical extent of underground utilities will not be obtained for this project. Utility information
provided by CONSULTANT shall be considered approximate based on the limitations of the procedures
used to define their locations. There is no provision for the excavation, probing or location of
underground utilities, structures or improvements. Utilities shall be located to the extent that they
are above ground and visible. The proposal does not include the contracting of an underground utility
locating service to locate subsurface utilities. CONTRACTOR will be wholly responsible for identifying
the location and extent of existing underground utilities which may be in conflict with the proposed
improvements. CONSULTANT will assist with developing plan revisions to resolve conflicts identified
during construction, however, will bear no responsibility for additional project costs or delays which
may be incurred due to existing utility conflicts with the proposed design improvements.
CONSULTANT can provide vertical utility locates upon request by the COUNTY as an addendum to this
contract.
• The proposed grading plans and improvements to be provided by CONSULTANT will be developed
based on limited survey information (100 -foot cross sections) and right -of -way mapping. Grading
irregularities between the surveyed cross sections should be anticipated and may require design
revisions during construction. CONSULTANT will support CONTRACTOR during construction to
provide design revisions in a timely manner as needed; however, CONSULTANT bears no responsibility
for any additional charges or delays which occur as a result of the limited survey and right -of -way
mapping procedures. The CONSULTANT can provide a more detailed topographical survey and right -
of -way mapping process upon request of the COUNTY as an addendum to this contract.
• The CONSULTANTS proposed pavement design and associated quantities will be estimated based on
limited survey (100 -foot cross sections) and pavement core data. Grading irregularities and pavement
thickness irregularities shall be anticipated which can affect as -built pavement quantities and lead to
bid price overruns. CONSULTANT bears no responsibility for bid overruns in pavement quantities due
to these limited data collection methodologies. If COUNTY requires a higher level of confidence then
the scope of the survey and geotechnical tasks can be increased upon their request as an addendum
to this contract.
• The SFWMD ERP application will not include information related to wetlands and /or threatened and
endangered species. It is assumed that permitting with other agencies such as the Army Corps of
Engineers, Florida Department of Protection and National Marine Fisheries is not required for this
contract. If it is determined during the course of this project that these additional permitting services
are required then an addendum will be required to provide these additional services. CONSULTANT
bears no responsibility for potential construction delays and charges that may be incurred if additional
permitting requirements are identified beyond the SFWMD ERP.
• COUNTY will pay the SFWMD permit application fee.
• There are no sidewalk improvements or additions as part of CONSULTANT's scope of work.
• The COUNTY will manage and be responsible for the procurement and award process.
DELIVERABLES
CONSULTANT will provide the following deliverables to COUNTY:
• Kick -off meeting minutes to all attendees (e- mailed in PDF format)
• Conceptual design sketch to be included on 11x17 sheets with aerial background. The design sketch
will include proposed limits of reconstruction, widening, and milling & resurfacing, as well as the
proposed exfiltration trench locations and ditch upgrades.
• Electronic delivery of the 90% design documents including , opinion of probable cost, draft
specifications, and 90% plans
• Three (3) hard copies (signed and sealed) and one (1) electronic copy of the 100% design package to
Smit
Ih Page 5 of 7
include the updated 100% opinion of probable construction cost.
• Project meeting minutes (e- mailed in PDF format)
• Shop drawing review transmittals and responses
• Responses to RFls (e- mailed in PDF format)
• SFWWD Field Certification (Transfer to Operation Phase Form) (Subtask 4.5)
• CONSULTANT project documentation for close -out to include Record Drawings and one set of final
CADD files on CD.
• Monthly status reports (e- mailed in PDF format)
TIME OF COMPLETION SCHEDULE
CONSULTANT shall commence work within seven (7) calendar days after issuance of a written notice -to-
proceed from the COUNTY and the kick -off meeting will be scheduled within seven (7) calendar days of
notice -to- proceed. A project schedule will be submitted to the COUNTY at the kick -off meeting and
updated monthly. The total time allowed for completing the CONSULTANT's design services required
under this Task Assignment is anticipated to be 9 months. Procurement is not under CONSULTANT'S
control but is expected to last 4 months from advertisement to Notice of Award. Construction services are
expected to be completed in less than 12 months from the Contractor's notice to proceed date.
COMPENSATION AND PAYMENT
For the Basic Services performed under this Scope of Work, the COUNTY agrees to pay the CONSULTANT
the lump sum fee of $264,448 for Tasks 1, 2 and 5 and subconsultant services, partial payments to be made
on a monthly basis in proportion to the percentage of work completed. For invoice purposes only the value
of each task is as shown in Table 1, below. COUNTY agrees to pay CONSULTANT the not -to- exceed fee of
$44,268 on a time and materials contractual basis for Tasks 3, 4 and other direct costs. The total value of
this task work order is a not -to- exceed amount of $308,716 as shown on Table 1 and on the Project Fee
Estimate on the following pages. CONSULTANT will submit invoices on a monthly basis along with written
monthly status reports.
Smith Page 6 of 7
Table 1
Task Value for Invoice
Purposes Only
Task No. Description Value
1.0 Data Collection &Preliminary Design Evaluation (lum um) $ 35,944
2.0 Design and Plans Production (lu um) u T-t $114,084
3.0 Environmental Resource Permitting (not to exceed) $ 10,592
4.0 General Engineering Services During Construction (not to exceed) $ 23,576
5.0 Meetings, Project Management and Quality Control (lur'ttp m) $ 40,364
Outside Professionals (lump sum) T,(— $ 74,056
Other Direct Costs (not to exceed) $ 10,100
TOTAL WORK ORDER (not to exceed $ 308,716
CDM Smitth
Page 7 of 7
MONROE COUNTY
KEY LARGO 11 - ENGINEERING DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES
PROJECT FEE ESTIMATE (I III VIS)
Senior �, ..RSup"
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TOTAL OUTSIDE PR.FQWW."
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TOTAL OUTSIDE PR.FQWW."
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
is 1100 Simonton Street, Room 2 -216 Key West, Florida 33040, hereafter the "COUNTY" and CDM Smith Inc., a
Corporation of the State of Massachusetts, whose corporate address is One Cambridge Place, 50 Hampshire
Street, Cambridge, Massachusetts 02139 and whose office location for work performed is 800 Brickell Avenue,
Suite 500, Miami, Florida 33131, hereafter the "CONSULTANT" is entered into on this day of '
2015.
WHEREAS, on the 16 day of January 2014, the parties entered into an Agreement for On Call
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 6.1 of the Agreement has changed and the County finds the
change in personnel acceptable:
NOW THEREFORE, in consideration of the mutual promises contained herein, the County and Consultant
agree to amend the Agreement as follows:
Section 6.1 Personnel - Replace John L. Mafera with Paul Snead, 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) CD
Attest:
Y: 8y
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Title: 01.e --�� a � ���� r ��3
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AP AS TO F ORI ,
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ASSIST '� -L COW � ATTC31"id: y
AGREEMENT FOR
ON CALL PROFESSIONAL ENGINEERING SERVICES
This Agreement ( „ Agreement ") made and entered into this &M— day of � ,
20 by and between Monroe County, a political subdivision of the State of Florida, wly6se
address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns,
hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners
( "BOCC "),
F-11 0
CDM Smith Inc., a Corporation of the State of Massachusetts, whose corporate
address is One Cambridge Place, 50 Hampshire Street, Cambridge, Massachusetts 02139 and
whose office location for work performed is 800 Brickell Avenue, Suite 500, Miami, Florida 33131
its successors and assigns, hereinafter referred to as "CONSULTANT ",
WITNESSETH:
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
The professional services required by this Contract will be for services in the form of a continuing
contract, commencing the effective date of this agreement and ending four years thereafter, with
options for the County to renew for one additional 1 year period.
Specific services will be performed pursuant to individual task orders issued by the COUNTY and
agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule,
charges and payment conditions, and additional terms and conditions that are applicable to such
Task Orders.
Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's
written authorization to CONSULTANT to proceed with the services described in the Task Order.
The terms and conditions of this Agreement shall apply to each Task Order, except to the extent
expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of
this Agreement to be modified will be specifically referenced in the Task Order and the modification
shall be precisely described.
NOW, THEREFORE, in consideration of 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:
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express representations and
warranties to the COUNTY:
1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties
hereunder have been 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.
1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but
not limited to, all contract plans and specifications, in such a manner that they shall be in
conformity and comply with all applicable law, codes and regulations. The 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 additional
construction cost due to missing or incorrect design elements in the contract documents;
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to
his performance and those directly under his employ.
1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules
and regulations pertaining to, or regulating the provisions of such services, including those
now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board
to terminate this contract immediately upon delivery of written notice of termination to the
CONSULTANT.
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.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 SCOPE OF WORK
The CONSULTANT will perform for the COUNTY services as described in individual Task Orders
in accordance with the requirements outlined in the Agreement and the specific Task Order.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions,
deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement shall
be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail,
return receipt requested, to the following:
Ms. Judith Clarke, P.E.
Director of Engineering Services
Monroe County
1100 Simonton Street, Room 2 -216
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2 -205
Key West, Florida 33040
For the Consultant:
Mr. Ignacio L. Lizama, P.E.
Officer -in- Charge /Associate
800 Brickell Avenue, Suite 500
Miami, Florida 33131
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services are services not included in the Scope of Basic Services. Should the
COUNTY require additional services they shall be paid for by the COUNTY at rates or fees
negotiated at the time when services are required, but only if approved by the COUNTY
before commencement.
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.
4.4 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.
4.6 The COUNTY shall provide copies of necessary documents required to complete the work.
4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless
COUNTY /Monroe County and Monroe County Board of County Commissioners, its officers
and employees from liabilities, damages, losses and costs, including but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons
employed or utilized by the CONSULTANT in the performance of the contract.
5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced,
or lessened by the insurance requirements contained elsewhere within this agreement.
Should any claims be asserted against the COUNTY by virtue of any deficiency or
ambiguity in the plans and specifications provided by the CONSULTANT, the
CONSULTANT agrees and warrants that he shall 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.
5.3 In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONSULTANT'S failure to purchase or maintain the required
insurance, the CONSULTANT shall indemnify COUNTY from any and all increased
expenses resulting from such delays. Should any claims be asserted against COUNTY by
virtue of any deficiencies or ambiguity in the plans and specifications provide by the
CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the
COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further
defend any claims or action on the COUNTY'S behalf.
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.5 This indemnification shall survive the expiration or early termination of the Agreement.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following named
individuals will perform those functions as indicated:
NAME
FUNCTION
Ignacio L. Lizama, RE Officer in Charge
John L. Mafera Project Manager
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced
the CONSULTANT shall notify the COUNTY of the change immediately.
ARTICLE VII
COMPENSATION
7.1 PAYMENT 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 forth
herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the
Local Government Prompt Payment Act 218.70, Florida Statutes.
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward
or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice
shall describe with reasonable particularity the service rendered. The
CONSULTANT'S invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought at the COUNTY may require.
7.3 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of
the project:
a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses
in connection with travel authorized by the COUNTY, in writing, but only to the extent
and in the amounts authorized by Section 112.061, Florida Statutes;
b. Cost of reproducing maps or drawings or other materials used in performing the scope
of services;
c. Postage and handling of reports;
7.4 BUDGET
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.
ARTICLE VIII
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of the
project (to include the work of others) is delayed or suspended as a result of the
CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting
from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI
or better, that is licensed to business in the State of Florida and that has an agent for
service of process within the State of Florida. The coverage shall contain an endorsement
providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage.
Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a
form acceptable to the COUNTY.
8.3 CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000
Disease, policy limits, $1,000,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims for
injuries to members of the public and /or damages to property of others arising from use
of motor vehicles, including onsite and offsite operations, and owned, hired or non -
owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One
Million Dollars ($1,000,000.00) annual aggregate.
D. Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONSULTANT or any of its employees, agents or
subcontractors or subconsultants, including Premises and /or Operations, Products and
Completed Operations, Independent Contractors; Broad Form Property Damage and a
Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per
occurrence and annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this 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.
E. 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 Chapter
95 of the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
G. CONSULTANT shall require its subconsultants to be adequately insured at least to the
limits prescribed above, and to any increased limits of CONSULTANT if so required by
COUNTY during the term of this Agreement. COUNTY will not pay for increased limits
of insurance for subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured. The
COUNTY reserves the right to require a certified copy of such policies upon request.
I. If the CONSULTANT participates in a self- insurance fund, a Certificate of Insurance will
be required. In addition, the CONSULTANT may be required to submit updated financial
statements from the fund upon request from the COUNTY.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY and
may be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners
for Monroe County and the CONSULTANT, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this agreement. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
rights in favor of, any third party.
9.5 TERMINATION
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Proposals, any addenda, the Form of Agreement
(Articles I -IX), the CONSULTANT'S response to the RFQ, the documents referred to in
the Form of Agreement as a part of this Agreement, and attachments A, B and C, and
modifications made after execution by written amendment. In the event of any conflict
between any of the Contract documents, the one imposing the greater burden on
the CONSULTANT will control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on contracts to provide any goods or services to
a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017 of the
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid
hereto, and may result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subconsultant has committed an act defined
by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved or whether CONUSULTANT has been placed on the convicted
vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five years from the
termination of this agreement. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the CONSULTANT, the CONSULTANT shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid by the COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that
venue shall lie in the 16 Judicial Circuit, Monroe County, Florida, in the appropriate court
or before the appropriate administrative body. This agreement shall not be subject to
arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall
be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the
Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
9.11 ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement
or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out -of- pocket expenses, as an award against
the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and
out -of- pocket expenses in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement; provided
that all applications, requests, grant proposals, and funding solicitations shall be approved
by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted
to be resolved by meet and confer sessions between representatives of each of the parties.
If no resolution can be agreed upon within 30 days after the first meet and confer session,
the issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law. This provision does not negate or waive the provisions of
paragraph 9.5 concerning termination or cancellation.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, COUNTY and
CONSULTANT agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. COUNTY and
CONSULTANT specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
9.17 NONDISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. CONSULTANT
or COUNTY agrees to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited
to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on
the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972,
as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616),
as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title
VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter
13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status or
age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse
of public position, conflicting employment or contractual relationship; and disclosure or use
of certain information.
9.20 NO SOLICITATION /PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely for it,
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the
provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
9.21 PUBLIC ACCESS,
The CONSULTANT and COUNTY shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY
shall have the right to unilaterally cancel this Agreement upon violation of this provision by
CONSULTANT.
9.22 NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial
liability insurance coverage, self - insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any contract entered into by the COUNTY be required to contain any provision for
waiver.
9.23 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of
the COUNTY, when performing their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida constitution,
state statute, and case law.
9.25 NON - RELIANCE BY NON - PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit
of any service or program contemplated hereunder, and the CONSULTANT and the
COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the
execution of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete, and
current at the time of contracting. The original contract price and any additions thereto shall
be adjusted to exclude any significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end of
the Agreement.
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of
the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with COUNTY funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement. The COUNTY and its
CONSULTANT agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with applicable federal and state
laws and regulations to ensure that the DBE's have the opportunity to compete for
and perform contracts. The COUNTY and the CONSULTANT and subcontractors
shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of contracts, entered pursuant to this Agreement.
9.30 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS
The following forms and provisions are incorporated in and made a part of this contract.
a). Appendix I of the FDOT Standard Professional Services Agreement is included as Attachment
B.
b). The CONSULTANT and any sub - consultants shall not discriminate on the basis of race, color,
national origin or sex in the performance of this contract. The CONSULTANT shall carry out
applicable requirements of 49 C.F.R. 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 the termination of this contract or such other remedy as the
COUNTY deems appropriate.
c). CONSULTANT will comply, and ensure its sub - consultants will comply, with the Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered
Transactions in 49 C.F.R. Part 29, when applicable.
d). Equal Employment Opportunity: In connection with the carrying out of any project, the
CONSULTANT shall not discriminate against any employee or applicant for employment
because of race, age, religion, color, sex national origin, disability or marital status. The
CONSULTANT will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion color,
gender, national origin, disability or marital status. Such action shall include, but not be limited to,
the following: employment upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
e). The CONSULTANT and all sub - consultants agree to utilize the U.S Department of Homeland
Security's E- verify System to verify the employment eligibility of all new employees hired by the
CONSULTANT or sub - consultants during the term of the contract.
f). The CONSULTANT will complete and submit the FDOT Anticipated DBE Participation
Statement Form No. 275 - 030 -11A to identify DBE participation as outlined in Paragraph 9.29,
Disadvantaged Business Enterprise (DBE) Policy and Obligations, of the Contract for
Professional Services. FDOT has a race neutral program with an 8.6% goal.
g). Executed copies of the FDOT Certification for Disclosure of Lobbying Activities on
Federal Aid Contracts and the Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion for Federal Aid Contracts are included as Attachment C.
IN WITNESS WHEREOF, each parry has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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END OF AGREEMENT
MONROE COUNTY ATTORNEY
APPR VED AS TO FORM:
CHRISTINE M. LIMBERT- A ROVVS
ASSISTANT COUNTY ATTORNEY
Date
Date:
ATTACHMENT A
CONSULTANT RATES
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ATTACHMENT A
SCHEDULE OF HOURLY BILLING RATES
CATEGORIES
PROFESSIONAL SERVICES
HOURLY RATES
OFFICER $228.00
PRINCIPAL /ASSOCIATE $206.00
SENIOR PROFESSIONAL $175.00
PROFESSIONAL II $153.00
PROFESSIONAL I $137.00
PROFESSIONAL SUPPORT SERVICES
SENIOR SUPPORT SERVICES $143.00
STAFF SUPPORT SERVICES $116.00
FIELD SERVICES
SENIOR PROFESSIONAL $148.00
PROFESSIONAL $116.00
PROJECT SUPPORT SERVICES
PROJECT ADMINISTRATION $106.00
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ATTACHMENT B
APPENDIX I OF THE FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT
TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):
The following terms apply to all contracts in which it is indicated in Section 6.B 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.
B. It is understood and agreed that, in order to permitfederal 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 U,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.
D Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the
basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of
subcontractors, including procurements of material and leases of equipment. The Consultant will not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
E Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the
Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including
procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis
of race, color, national origin, sex, age, disability, religion or family status.
F Information and Reports: The Consultant will provide all information and reports required by the Regulations, or directives
issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the Florida Department of Transportation, Federal Highway Administration, Federal
Transit Administration, Federal Aviation Administration, and /or Federal Motor Carrier Safety Administration to be pertinent to
ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in
the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the
Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation
Administration, and /or the Federal Motor Carrier Safety Administrationas appropriate, and shall set forth what efforts it has
made to obtain the information.
G 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, and /or 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 and /or
2, cancellation, termination or suspension of the contract, in whole or in part.
H Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through H in every subcontract,
including procurements of materials and leases of equipment unless exempt by the Regulations, 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, Federal Highway Administration, Federal Transit Administration, Federal Aviation
Administration, and /or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such
provisions, including sanctions for noncompliance. In the event 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 therefrom.
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.
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K Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from
49 CFR 26.13(b). This statements shall be included in all subsequent agreements between the Consultant and any
subconsultant 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.
L 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.
M It is understood and agreed that if the Consultant at any time learns 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 Consultant 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.
The 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 conditlon In connection with obtaining or carrying out this
contract, to
1. 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 fee, contributlon, 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 conditlon for obtaining this contract, to employ or retain the services of any firm or
person in connection with carrying out this contract; or
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.
The consultant further acknowledges that this agreement will be furnished to the State of Florida Department of
Transportation and 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.
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ATTACHMENT C
Certification for Disclosure of Lobbying Activities on Federal Aid Contracts
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for
Federal Aid Contracts
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375 - 030 -33
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT
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
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure of Lobbying Activities ", in accordance with its instructions.
(Standard Form -LLL can be obtained from the Florida Department of Transportation's Professional
Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
Name of Consultant: `
By: ( l Date:
Authorized Signature:
Title:
M
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375- 030 -32
CERTIFICATION REGARDING DEBARMENT SUSPENSION PROCUREMENT
INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL
AID CONTRACTS
(Compliance with 49CFR, Section 29.510)
(Appendix B Certification]
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal
department or agency.
Instructions for Certification
1 . By signing and submitting this certification with the proposal, the prospective lower tier participant is providing the certification
set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department may pursue available remedies, including
suspension and /or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted. If
at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4. 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.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agency with
which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Appendix B:
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction ", without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
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.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which
is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the Department may pursue
available remedies, including suspension and /or debarment.