Item C05BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor George Neugent, District 2
The Flollda. Keys w) Mayor Pro Tem David Rice, District 4
y �r Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
December 14, 2016
Agenda Item Number: C.5
Agenda Item Summary #2421
BULK ITEM: Yes DEPARTMENT: Engineering / Roads
TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295-4329
no
AGENDA ITEM WORDING: Approval of Amendment 1 to the contract with Kisinger Campo &
Associates, Corp. for engineering design and permitting services for the Garrison Bight Bridge
Repair Project. The Amendment adds a cultural resources evaluation and a lead based paint survey
to the scope of services for a lump sum fee of $9,254.27. This design is funded by a local agency
program (LAP) grant agreement with Florida Department of Transportation (FDOT).
ITEM BACKGROUND: FDOT review of the 60% design phase plans generated comments that
included the requirement to perform the cultural resources assessment and the lead based paint
survey. These items were not included in the initial scope of design services and therefore need to be
added.
CONTRACT/AGREEMENT CHANGES:
add cultural assessment and lead paint survey
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
add cultural assessment and lead paint survey
STAFF RECOMMENDATION: Approval as requested above
DOCUMENTATION:
amendment one
Contract - KCA - EXEC - 1-20-16
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
Increase account 125-22553 (GARRISON BIGHT BRIDGE) in the amount of $9,254.27
12/14/16 125-22553 - GARRISON BIGHT BRIDGE $9,254.27
REVIEWED BY:
Judith Clarke
Completed
11/29/2016 9:44 AM
Christine Limbert
Completed
11/29/2016 9:49 AM
Budget and Finance
Completed
11/29/2016 3:03 PM
Maria Slavik
Completed
11/29/2016 3:11 PM
Kathy Peters
Completed
11/29/2016 3:19 PM
Board of County Commissioners
Pending
12/14/2016 9:00 AM
THIS CONTRACT AMENDMENT IS ENTERED INTO BETWEEN Monroe
County, whose address is 1100 Simonton Street, Room 2-216 Key West, Florida 33040,
hereafter the "County", and Kisinger Campo & Associates, Corp. a Corporation orthe
State of Florida, whose address is 201 North Franklin Street, Suite 400, Tampa,
Florida 33602, its successors and assigns, hereinafter referred to as "CONSULTANT",
Paragraph 2.1.1 is added to ARTICLE 11 SCOPE OF BASIC SERVICES, and is to state
the following:
2.1.1 The CONSULTANT will perform ror the COUNTY a Cultural Resource
Evaluation and a Lead Based Paint Survey as described in Exhibit I Supplemental
Agreement #1 Fee Proposal for Cultural Resource Evaluation and Lead Based Paint
Survey attached.
The service's as describes are for a Lump Sum fee not to exceed $9,254.27.
Force and Effect. In all other respects the Contract dated January 20, 2016 remains in
flull force and effect.
In WITNESS WHEREOF each party hereto has caused this contract to be executed by its
duly authorized representative.
(SEAL)
Attest: AMY HEAVILIN, CLERK
IN
Deputy Clerk
(SEAL) X
Attest:
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Title Sr. Vice President
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Mayor/Chairman
Kissinger Campo & Associates, Corp.
By:
Title
EXHIBIT 1
1. 1 1 ...1 A-1 1. ., 1
101 1A 91 Will1 C • 1
-1
November 22, 2016
Judith S. Clarke, P.E.
Director of Engineering Services
Monroe County Engineering Services
1100 Simonton Street
Key West, Florida 33040
Project Description: Garrison Bight Bridge Repair - Monroe County/FDOT District Six LAP
Project— Supplemental Agreement 41
Re: Fee Proposal for the Cultural Resource Evaluation and Lead Based Paint Survey
Dear Ms. Clarke:
Kisinger Campo & Associates (KCA) is pleased to submit this Scope of Services and Fee Proposal
for engineering services for the above referenced project. The scope of services will consist of a
Cultural Resource Evaluation to satisfy the State Historic Preservation Office (SHPO) and a Lead
Based Paint Survey.
SHPO will require a Cultural Resource Evaluation of the existing bridge due to the age of the
Structure. Specific tasks proposed to satisfy the requirements include a field review by an
archaeological sub -consultant and preparation of historic resource documentation for SHPO
review. Janus Research will compete this effort.
KCA has also recommended that the existing steel bearings be cleaned and painted as part of this
project. As a result, a lead based paint survey has been requested by the FDOT Materials Office.
PSI will collect paint samples, perform testing and produce a report to satisfy the requirements of
the materials office.
We have estimated the level of effort required for all engineering design services described above.
Our total estimated fee amounts to $9,254.27. This fee includes all KCA efforts, sub -consultant
tasks, supervision and coordination. The fee estimate is based on hourly rates which include our
expenses and overhead. For a phase breakdown of the lump sum fee, see the following sheets.
a;,011 Nk"'rII- F I nkEi°I "'! " ;u,'E. 7(".., 1. fir,; Horn :. = 138 5 - 1 o 8
KISINGER CAMPO
We sincerely appreciate the opportunity to continue our working relationship with you on this
project. Please do not hesitate to call me if you have any questions or need any additional
information.
Best Regards,
Jason L. LaBarbera, P.E.
Project Manager
cc. File: 12013.02 (KCA)
-, ( 1 N 1 8 13 8 7 i - S -3' -1 1 M?' 87� " 01 - F 3 !'� 1"1 -1
FEE SUMMARY SHEET
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SUPPLEMENTAL AGREEMENT #1
Janus Research - Cultural Resource Evaluation $5,474.27
PSI - Lead Based Paint Survey $2,000.00
KCA - Sub -Consultant Management/Coordination $1,780.00
GRAND TOTAL $9,254.27
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October 19, 2016
Mr. Jason LaBarbera, P.E.
Senior Structures Engineer
Kisinger Campo & Associates Corporation
201 North Franklin Street
Tampa, Florida 33602
Re: Proposal for Lead Based Paint
Garrison Bridge (Bridge No. 904025)
Palm Avenue Causeway
Key Largo, Monroe County, Florida
PSI Proposal No. 0784-193129
Dear Mr. LaBarbera:
Professional Service Industries, Inc. (PSI) is pleased to present this proposal to perform an
asbestos survey on the Garrison Bridge located in Key West, Florida.
Background
PSI understands the survey will be performed on the bridge structure that is scheduled to
be renovated. The bridge is approximately 200 linear feet in length.
Scope of Work
The purpose of the lead based paint survey is to assist the facility owner and contractor
performing the demolition and renovation in complying with requirements of the U.S.
Occupational Safety and Health Administration (OSHA), Resource Conservation and
Recovery Act (RCRA), Toxic Substances Control Act (TSCA), Comprehensive
Environmental Response Compensation and Liability Act (CERCLA), and the Universal
Waste Rule (UWR) governing the disposal of hazardous waste.
The scope of services is described below.
Review available previous lead -based paint sampling reports, specifications,
maintenance records, etc.
PSI will collect up to ten (10) paint chip samples to assess the potential presence of
lead -based paint that may exist on the interior and exterior of the structures. PSI will
collect one paint chip sample from each of the different interior and exterior building
components observed (walls, fascia, doors and windows). All samples will be
analyzed for total lead using the flame atomic absorption (AAS) method.
Detailed records will be kept describing each sampling location selected, the condition
of the substrate and paint for each sample, and anything unusual about the sampled
location.
Professional Service Industries, Inc. • 7950 N.W. 64 Street • Miami, FL 33166 • 305/471-7721 • Fax 305/593-1915
Kisinger Campo and Associates Corp. October 19, 2016
PSI Proposal No. 0784-193129
Final Report
PSI will provide an electronic copy of a final letter report for the bridge within ten working
days from the time of the survey, provided no delays such as access are incurred. The report
will summarize field observations and laboratory analytical results. Report to include:
Findings and Recommendations
Analytical Results
Photographs
Project Schedule & Cost Estimates
It is proposed that the fee for the performance of the outlined services be determined on a
lump sum basis for the asbestos survey, including the collection and analysis of up to 10
bulk samples. If additional samples are required, they will be billed at a rate of $18.00 per
sample.
Services as Described Above - Lump Sum: $2,000.00
PSI appreciates the opportunity to propose on your project. After your review of this
proposal, if you have any questions, please contact us. If this proposal is acceptable to
you, please sign below as notice to proceed and return one copy of this proposal intact
to our office. We will proceed with the work upon receipt of proposal authorization.
PSI will schedule a site visit within two (2) days from receipt of signed authorization and
provide the report within ten (10) working days from the time of the survey.
If this proposal is acceptable to you, please return a letter of authorization along with one
copy of this proposal intact to our office. We will proceed with the work upon receipt of
proposal authorization.
Respectfully submitted,
PROFESSIONAL SERVICE INDUSTRIES, INC.
E. John Emerson, CSP, LBP-R
Senior Project Manager
Industrial Hygiene Services
cc: Stephen Ungaro — PSI
Bryan Lucas
Department Manager
Attachments: Proposal Authorization and Payment Instructions
Cost Estimate
General Conditions
-1
FR" an. ;
LO.E.-al Page 2 of 5
Kisinger Campo and Associates Corp. October 19, 2016
PSI Proposal No. 0784-193129
Proposal Authorization & Payment Instructions
Authorization
To execute this proposal, please initial which cost option you approve on the previous page then sign and
complete the authorization information below along with applicable payment instructions, and return one
copy of the authorized proposal to our office.
Authorized By (please print) Signature
Title Firm
Address
City State Zip Code Telephone
Date Purchase Order No. / Project Tracking No. (if applicable)
Payment Instructions
If invoice payment is to be made by a party other than the authorizing party above, please provide the
following information for whom the invoices are to be billed:
Firm Attention
Address Title
City State Zip Code Telephone
Authorizing Party's Relationship to Invoice Payment Party
If invoices are to be approved other than by the payment party above, please provide the following
information for whom the invoices are to be mailed for approval:
Firm Attention
Address Title
City State Zip Code Telephone
Authorizing Party's Relationship to Invoice Approval Party
FR" an. ;
LO.E.51 Page 3 of 5
Kisinger Campo and Associates Corp.
PSI Proposal No. 0784-193129
ATTACHMENT A
PROJECT COST ESTIMATE
Lead -Based Paint Survey
Kisinger Campo & Associates
Garrison Bridge (Bridge No. 904025)
Palm Avenue Causeway
Key West, Florida
October 19, 2016
Field Services
1. Leas Paint Inspector 12 hours $ 65.00 /hour $ 780.00
2. Sample Analysis 10 samples $ 20.00 /samplE $ 200.00
3. Field Services Vehicle 1 days $ 125.00 /day $ 125.00
subtotal $ 1,105.00
Project Management and Report Preparation
1. Principal Consultant
1 hour $ 130.00
/hr
$
130.00
2. Project Manager
8 hours $ 90.00
/hr
$
720.00
3. Secretary
1 hour $ 45.00
/hr
$
45.00
subtotal $ 895.00
ESTIMATED TOTAL $ 2,000.00
0WEAE-581 Page 4 of 5
Kisinger Campo and Associates Corp. October 19, 2016
PSI Proposal No. 0784-193129
GENERAL CONDITIONS
1. PARTIESAND SCOPE OF WORK Professional Service Industries Inc. ("PSF) shall include said company or its particular division, subsidiary or affiliate performing the work. "Work" means the s
servicetobeperformedby PSI asset forth in PSI'sproposal,Client's acceptance thereofand these General Conditions. Additional work orderedby Client shall a] so be subject to these General Conditions. "'
refers to the person or business entity ordering the work to be done by PSI. If Client i s ordering the work on behalf of another, Client represents and warrants that it is the duly authorized agent of said p:
the purpose of ordering and directing said work. Unless otherwise stated in writing, Client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the c
adequate and suffi cient for Client's intended purpose. Client shall communicate these General Conditi ons to each and every third party to whom Client transmits any part ofPSI's work. PSI shall have no
obligation to any third party greater than that set forth in PSI's proposal, Client's acceptance thereof and these General Conditions. The ordering of work from PSI, or the reliance on any of PSI's -or]
constitute acceptance of the terns ofPSI's proposal and these General Conditi ons, regardless of the terms o£anysubsequentlyissueddocument.
2. TESTS AND INSPECTIONS: Client shall cause all tests and inspections of the site, materials and work performed by PSI or others to be timely and properly performed in accordance with the
specifications and contract documents and PSI's recommendations. No claims for loss, damage or injury shall be brought against PSI by Client or any third party unless all tests and inspections have I
performed and unless PSI's recommendations have been followed. Client agrees to indemnify, defend and hold PSI, its officers, employees and agents harmless from any and all claims, suits, losses, co
expenses, including, but not limited to, court costs and reasonable attomey's fees in the event that all such tests and inspections are not so performed or PSI's recommendations are not so followed.
3. PREVAILING WAGES: This proposal specifically excludes compliance with any project labor agreement, labor agreement, or other union or apprenticeship requirements. In addition, unless ex]
agreed to in the body ofthis proposal, this proposal specifically excludes compliance with any state or federal prevailing wage law or associated requirements, including the Davis Bacon Act. It is agre
no applicable prevailing wage classification or wage rate has been provided to PSI, andthat all wages and cost estimates contained herein are based solely upon standard, non -prevailing wage rates. Sh
later be determined by the Owner or any applicable agency that in fact prevailing wage applies, then it is agreedthat the contract value ofthis agreement shall be equitably adjusted to account for such cl
circumstance. Client will reimburse,defend, indemnify an d holdharmles s PSI from and against any liability resulting from a subsequent determinati on that prevailing wage regulations cover the Project, in,
all costs, fines and attorney 's fees.
4. SCHEDULING OF WORK: The services set forth in PSI's proposal and Client's acceptance will be accomplished by PSI personnel at the prices quoted If PSI is required to delay commem
of the work or if, upon embarking upon its work, PSI is required to stop or interrupt the progress of its work as a result of changes in the scope ofthe work requestedby Client, to fulfill the requirements r
parties, interruptionsin the progress ofconstruction, or other causesbeyond the direct reasonable control ofPSI, additi oral charges will be applicable andpayable by Client.
S. ACCESS TO SITE: Client will arrange andprovi de such access to the site andwork as is necessary for PSI to perform the work. PSI shall take reasonable measures and precautions to minimize damageto
and any improvements located thereon as the result of its work or the use of its equipment.
6. CLIENT'S DUTY TO NOTIFY ENGINEER: Client warrants that it has advised PSI of any known or suspected hazardous materials, utility lines and pollutants at any site at which PSI is to do wa
unless PSI has assumedin writing the responsibility oflocating subsurface objects, structures, lines or conduits, Client agrees to defend, indemnify and save PSI harmless from all claims, suits, losses, co
expenses, including reasonable attorney's fees as a result ofpersonal injury, death or property damage occurring with respect to PSI's performanc a ofits work and remltingtoorcrosedbycmtactwifl mb:
or latent objects, structures, lines or conduits where the actual or potential presence and location thereofwere not revealedto PSI by Client.
7. RESPONSIBILITY: PSI's work shall not include determining, supervising or implementing the means, methods, techniques, sequences or procedures of construction. PSI shall not be responsi
evaluating, reporting or affectingj ob conditions concerning health, safety or welfare. PSI's work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from perfor
of its work in accordance with the contract documents. Client agrees that it shall require subrogation to be waived against PSI and for PSI to be added as an Additional Insured on all policies of insr
including any policies required of Client's contractors or subcontractors, covering any construction or development activities to be performed on the project site. PSI has no right or duty to stop the contr
work.
S. SAMPLE DISPOSAL: Test specimens will be di spored immedi ately upon completion ofthe test. All drilling samples will be disposed sixty (60) days after submission ofPSI's report.
9. PAYMENT: The quantities and fees provided in this proposal are PSI's estimate based on information provided by Client and PSI's experience on similar projects. The actual total amount Lie to PSI =_
based on the actual final quantiti es providedby PSI at the uni t rates provided herein. Where Client directs or requests additional work beyond the contract price it will be deemed a ch ange order and PSI
paid according to the fee schedule. Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt.
further agrees to pay interest m all amounts invoi ced and not paid or obj ected to for vali d cause in writing within said thirty (30) day period at the rate of eighteen (I P) percent per annum (or the maximum i
rate permitted under applicable law), until paid Cl imt agrees to pay PSI's cost of collection of all amounts due andunpaid after thirty (30) days, including court costs and reasonable attorney's fees. PSI sit
be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out ofthis agreement, any provision wherein PSI waives any rights to a mechanics' ]
any provision conditioning PSI'srightto receive payment for itswork upon payment to Client by any third party. Mese General Conditions are notice, where required, that PSI shall file alien whenever nee
to collect past due amounts. Failmeto makepayment within 30 days ofinvoice shall constitute arelease of PSI from any and all claims which Clientmay have, whether in tort, contract or otherwise, andv
known or unknown at the time.
10. ALLOCATION OF RISK CLIENTAGREES THATPSI'S SERVICESWILL NOT SUBJECT PSI'S INDIVIDUAL EMPLOYEES, OFFICERS OR DIRE CTORS TOANY PERSONAL LIABILTTY
THATNOTWITHSTANDINGANY OTHERPROVISION OF THISAGREEMENT. CLIENTAGREES THATTTS SOLE AND EXCLUSIVE REMEDY SHALL BE TO DIRE CTORASSERTANY C.
DEMAND, OR SUIT ONLY AGAINST PSI. STATEMENTS MADE IN PSI REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRU]
SHOULD PSI OR ANY OF ITS EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK. OR TO HAVE MADE AND BREACHED ANY EXPRE
IMPLIED WARRANTY, REPRESENTATION OR CONTRACT, CLIENT, ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED
PSI'S WORK AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF PSI. ITS OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIMTTED TO $25.000.00 O_
TOTALAMOUNT OF THE FEE PAID TO PSI FORITS WORK PERFORMED ON THE PROTECT, WHICHEVER AMOUNT IS GREATER IN THE EVENT CLIENT IS UNWILLING OR UNAB
LIMIT PSI'S LIABILITY IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS PARAGRAPH, CLIENT MAY, UPON WRITTEN REQUEST OF CLIENT RECEIVED V=IN
DAYS OF CLIENT'S ACCEPTANCE HEREOF, INCREASE THE LIMIT OF PSI'S LIAB11L= TO $250,000.00 OR THE AMOUNT OF PSI'S FEE PAID TO PSI FOR ITS WORK ON THE PR(
WHICBEVERISTHEGREATER,BYAGREEINGTOPAYPSIASUMEOUIVALENTTOANADDrnONAL AMOUNT OF:5 OF THE TOTAL FEE TO BE CHARGED FOR PSI'S SERVICES
CHARGE IS NOT TO BE CONSTRUED AS BEING A CHARGE FOR INSURANCE OF ANY TYPE BUT IS INCREASED CONSIDERATION FOR THE GREATER LIABILITY INVOLVED Ii
EVENT.ATTORNEY'S FEES EXPENDED BY PSI IN CONNECTION WITH ANY CLAIM SHALL REDUCE THEAMOUNTAVAILABLE. AND ONLY ONE SUCH AMOUNT WILLAPPLY T(
PROTECT.
NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT, OR OTHERWISE, MAYBE BROUGHT AGAINST PSI. ARISING FROM OR RELATED TO PSI'S WORK, MORE THAN TWOY
AFTERTHE CESSATION OF PSI'S WORK HEREUNDER. REGARDLESS OF THE DATE OF DISCOVERY OF SUCH CLAIM.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER IN CONTRACT. TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE FOR LOSS OF P]
(WHETHER DIl2ECT OR INDIRECT) OR FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL LOSS OR DAMAGE, INCLUDING WTTHOUT LIMITATION LOSS OF PR(
REVENUE, BUSINESS, OR ANTICIPATED SAVINGS (EVEN WHEN ADVISED OF THEIR POSSIBILITY).
11. INDEMNITY: Subject to the above limitations, PSI agrees not to defend but to indemnify and hold Client harmless from and against any and all claims, suits, costs and expenses including reasonable aft,
fees and court costs to the extent arising out ofPSI'snegligmce as finally determinedby a court oflaw. Client shall provide the same protection to the extent of itsnegligence. In the event that Client or C
principal shall bring any suit, cause of action, claim or counterclaim against PSI, the Client andthe party initiating such action shall pay to PSI the costs and expenses incurred by PSI to investigate, -
defend it, including reasonable attorney's andwitness fees and court costs to the extent that PSI shall prevail in such suit.
12. TERMINATION: This Agreement may be terminated by either party upon seven days' prior written notice. In the event of termination, PSI shall be compensated by Client for all services performe
and in eluding the termination date, including reimbursable expenses.
13. EMPLOYEES/WITNESS FEES: PSI's employees shall not be retained as expert witnesses except by separate, written agreement. Client agrees to pay PSI's legal expenses, administrative costs ar
pursuant to PSI's then current fee schedule for PSI to respond to any subpoena. For a period of oneyear after the completion ofany work performed under this agreement, Client agrees not to solicit, rec
hire any PSI employee or person who has been employed by PSI within the previous twelve months. In the event Client desires to hire such an individual, Client agrees that it shall seek the written con
PSI, and shall pay PSI an amount equal to one-half ofthe employee's annualized salary, without PSI waiving other remedies it may have.
14. FIDUCIARY: PSI is not a financial advisor, does not provide financial advice or analysis of any kind, andnothing in our reports can create a fiduciary relationship between PSI and any other party.
15. CHOICE OF LAW AND EXCLUSIVE VENUE: All claims or disputes arising or relating to this agreement shall be governed by, construed, and enforced in accordance with the laws of Illinoi
exclusive venue for all actions or proceedings arising in connection with this agreement shall be either the Circuit Court in DuPage County, Illinois, or the Federal Courtfor the Northern District ofIl1
16. PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith, and it is the specific intent ofthe parties that the terms of these General Conditions be enforced as written.
event any ofthe provisions ofthese General Conditions shouldbe found to be unenforceable, it shall be stricken andthe remaining provisions shall be enforceable.
17. ENTIRE AGREEMENT: This agreement constitutes the entire understanding ofthe parties, and there are no representations, warranties or undertakings made other than as set forth herein. This agr.
may be amended, modified or terminated only in writing, signed by each ofthe parti es hereto.
B-900-11 (12)
MPEZE-81 Page 5 of 5
AGREEMENT FOR
ENGINEERING DESIGN AND PERMITTING SERVICES FOR THE GARRISON BIGHT
BRIDGE REPAIR PROJECT
This Agreement ("Agreement") made and entered into this 201h day of January, 2016 by
and between Monroe County, a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter
referred to as "COUNTY," through the Monroe County Board of County Commissioners
("BOCC"),
akW
Kisinger Campo & Associates, Corp., a Corporation of the State of Florida, whose
address is 201 North Franklin Street, Suite 400, Tampa, Florida 33602 its successors and
assigns, hereinafter referred to as "CONSULTANT",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for
engineering design and permitting services for the Garrison Bight Bridge Repair Project;
WHEREAS, CONSULTANT has agreed to provide professional services which shall
include but not be limited to providing engineering design and permitting services for the
Garrison Bight Bridge Repair Project, which services shall collectively be referred to as the
"Project";
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 documentation required by this Agreement in such
a manner that they shall be accurate, coordinated and adequate for use in verifying work
completed and 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
Agreement will be adequate and sufficient to document costs in a manner that is
acceptable for reimbursement by government agencies, therefore eliminating any
additional cost due to missing or incorrect information;
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed bylaw 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.
1.1.8 The CONSULTANT shall complete the design and permitting scope of services no later
than October 31, 2016.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONSULTANT'S Scope of Basic Services consists of those described in Attachment A. The
CONSULTANT shall commence work on the services provided for in this Agreement promptly
upon his receipt of a written notice to proceed from the COUNTY.
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. Paul G. Foley, P.E.
President
201 N. Franklin Street Suite 400
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.
3.3 Additional services shall be executed under the conditions of this Agreement unless
such condition is expressly changed or revised by an amendment agreed upon by the
County and the Consultant.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project
including physical location of work, bridge inspection reports and other documents.
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
Jason LaBarbera, P.E.
Peter Kvasnicka P.E.
MPatrick-Mulhearn P.E.
Deborah Hernandez-Cedeno
Robert Whitman
FUNCTION
Proiect Manager____
Chief Engineer / QA/QC
Chief Engineer / QA/QC
Engineeer
Chief Environmental Scientist
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 the Total Not to Exceed Lump Sum Amount of Two
Hundred Sixty -Three Thousand One Hundred Fifty -Four Dollars and Twelve Cents
($263,154.12). A detailed breakdown is included in Attachment B.
7.1.2 The COUNTY shall pay the CONSULTANT monthly; the following amounts will apply for
each phase of the project:
Design Development $ 32,304.60
Construction Documents/Permitting/
Bid Phase Services $199,581.52
Post -Design (Construction Phase) Services $ 31,268.00
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
changed by amendment to
compensation due to the
upward or downward;
this Agreement
CONSULTANT
and responsibilities are materially
after execution of this Agreement,
shall be equitably adjusted, either
(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 $1,000,000 per Occurrence, $1,000,000 combined
single limit.
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 $1,000,000 Combined Single
Limit.
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 $1,000,000 per occurrence and $2,000,000 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
9.5
9.6
NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
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.
CONTRACT DOCUMENTS
This contract consists of the Request for Competitive Solicitations, any addenda, the
Form of Agreement (Articles I -IX), the CONSULTANT'S response to the Request for
Competitive Solicitation, the documents referred to in the Form of Agreement as a part
of this Agreement, any attachments, 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 16th 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.
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
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.
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 C.
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 9.91 % goal.
g). The CONSULTANT will adhere to all applicable requirements outlined in the Local Agency
Program (LAP) Agreement between FDOT and Monroe County for this project. A copy of the
Agreement is included as Attachment D.
h). The CONSULTANT agrees to execute the following forms: Certification of Disclosure of
Lobbying Activities on Federal Aid Contracts, Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion for Federal Aid Contracts, Conflict of Interest Certification
for Consultant/Contractor and the Truth in Negotiation Certification and that are included in
Attachment E.
i). The COUNTY will perform a CONSULTANT evaluation in accordance with FDOT
requirements utilizing the appropriate FDOT form after final acceptance as part of the
project closeout process.
9.31 COMPLIANCE WITH LAW
In providing all services pursuant to this agreement, the CONSULTANT and its
SUBCONSULTANTS, shall abide by all statutes, ordinances, rules and regulations pertaining
to or regulating the provision 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 00
immediately upon delivery of written notice of termination to the CONSULTANT.
T
IN WITNESS WHEREOF, each party 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
By:
Mayor/Cha/ man
Date: /
(Seal) KISINGER CAMPO & ASSOCIATES, CORP.
Attest: ca
BY: f By:
Ro aid E. Gott. Paul G. Foley, P.E.
Title Sensor'V`sc_Preient Title: President
END OF AGREEMENT
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ATTACHMENT A
SCOPE OF SERVICES
il
SCOPE OF SERVICES
The scope of services for the Garrison Bight Bridge Repair Project will include completion of
design for construction, applying for and obtaining all required permits, coordination with
regulatory agencies such as the National Marine Sanctuary through the design and permitting
process, and coordinating and conducting public meetings as required by the LAP process and
support during bid and construction phases of the project. The Project is being administered
through the Florida Department of Transportation (FDOT) Local Agency Program (LAP); all
work will be conducted in accordance with current LAP, FDOT, State and Federal requirements.
The Design for Construction shall include, but shall not necessarily be limited to, plans and
specifications which describe all systems, elements, details, components, materials, equipment,
and other information necessary for construction. The Design for Construction shall be accurate,
coordinated and in all respects adequate for construction and shall be in conformity, and
comply, with all applicable law, codes, permits, and regulations. Products, equipment and
materials specified for use shall be readily available unless written authorization to the contrary
is given by the County.
1.0 DESIGN DEVELOPMENT
The Engineer shall review the FDOT bridge inspection reports and any other available
documents, and physically perform an inspection of the structure, prioritize the bridge
deficiencies and make recommendations as to the necessary repairs. The Engineer shall
address all items in the inspection reports and identified during physical inspection.
The Engineer shall prepare a Design Development Letter Report for the County's approval. The
Design Development Report shall consist of a written document that establishes and describes
the size and character of the proposed Repair Project as to engineering and structural systems,
materials and such other elements as may be appropriate. The report should include a
summary of permitting/coordination requirements, as well as a preliminary cost estimate for
construction and a project schedule.
As part of the design development phase, the Engineer shall conduct a public meeting to
provide information to interested parties and answer questions about the project.
2.0 CONSTRUCTION DOCUMENTS PHASE
2.1 The Consultant shall prepare, for review by the County and FDOT, Construction
Documents consisting of Drawings and Specifications setting forth in detail the requirements for
the construction of the project. Construction documents shall conform to Florida Department of
Transportation standards, and all Federal, State and local laws and guidelines, including but not
limited to the standards contained in the following:
Florida Department of Transportation Roadway Plans Preparation Manuals
2. Florida Department of Transportation Design Standards
3. Florida Department of Transportation Surveying Procedure
4. Florida Department of Transportation Drainage Manual
5. Florida Department of Transportation Soils and Foundations Handbook
6. Florida Department of Transportation Structures Manual (625-020-018) including
Temporary Design Bulletins
7. Manual on Uniform Traffic Control Devices
8. American Disabilities Act
9. Federal Highway Administration Checklist and Guidelines for Review of
Geotechnical Reports and Preliminary Plans and Specifications
10. Florida Department of Transportation Manual of Uniform Minimum Standards for
Design, Construction and Maintenance for Streets and Highways
11. Florida Statutes
12. Florida's Bicycle Facilities Planning and Design Handbook.
13. AASHTO Guide for the Development of Bicycle Facilities
14. Florida's Quality/Level of Service Handbook for Planning
15. A Policy on Geometric Design of Highways and Streets, American Association of
State Highway and Transportation Officials (AASHTO Green Book) (GDHS-5
AASHTO Bookstore).
16. FDOT Standard Specifications for Road and Bridge Construction (with
supplemental specifications).
17. Facilities Design Manual (Topic No. 625-020-016-a)
18. AASHTO LRFD Bridge Design Specifications (Mandatory beginning 2007)
(AASHTO Bookstore `4-LRFDUS-4')
19. Right of Way Mapping Procedure (Topic No. 550-030-015-e)
20. Project Development and Environmental Manual Par 1 and 2 (Topic No. 650-000-
001).
Where conditions require deviating from FDOT standards the Consultant will apply for and
obtain all required variances or exceptions prior to proceeding.
2.2. The Consultant shall provide Design Calculations, Drawings and applicable Technical
Special Provisions, an updated cost estimate and construction schedule for the County's and
FDOT's review at the 60%, 90%, and 100% design phases. The 100% submittal will include all
specifications. The project schedule will allow a minimum of two weeks for each FDOT phase
review. The Consultant will incorporate and/or address all comments from the County and
FDOT.
2.3 Upon completion of the Construction Documents Phase, the Consultant shall provide
Construction Documents and a copy of design calculations. The Consultant shall provide the
County up to 5 sets of Construction Documents that have been signed and sealed by the
Engineer. The Consultant shall also provide an electronic version of the construction
documents.
2.4 The Consultant shall provide a list of bid items, estimated quantities and construction
duration to assist The County in preparing all bid documents. The bid items and quantities will
be in electronic format for incorporation into bid documents.
2.5 The Consultant's construction documents (plans, specifications, etc.) will conform to all
codes and regulations of the federal government, county, state, municipalities, agencies and
state departments, in effect at the date of this Agreement, and shall be of such completion as to
be acceptable for review and ruling by said agencies when permits are applied for. The
Consultant shall use due care in determining permit requirements and shall meet with regulatory
agencies as necessary to coordinate specific permit requirements. The Consultant shall
document all meetings and conversations with said regulatory agencies. If permits are denied
for incompleteness or for lack of following said codes or regulations, or permit requirements,
then the Consultant will conform the construction documents in such manner to receive permits
upon such plans. Work required by the Consultant to conform documents to federal, state, city,
county, or agency specifications to allow them to be approved shall be completed at no charge
or cost to the County, unless said requirements are changed during the course of the project.
2.6 The Consultant shall file (through the County) all documents required for the approval of
governmental authorities having jurisdiction over the project. The Consultant shall file (through
the County) the necessary documents to obtain environmental resources permits, and all other
permits required for construction. The County shall be responsible for the timely submittal of all
permit application fees.
2.7 As needed by the County, the Consultant will provide clarification and answers to
questions from prospective bidders during the construction bid process. Answers will be
provided in a timely manner in order to facilitate bidding.
3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS
To satisfactorily perform the Construction Documents phase requirement, the Consultant
must complete the tasks set forth in items 3.1 through 3.5.
3.1 Construction Plans — This consists of, at a minimum, Key Sheet, Summary of Pay
Items and Quantities, Project Layout, Plan and Profile sheets including locations of existing
utilities, Typical Sections, Detail sheets, General Notes, Traffic Control Plan. Construction plans
shall be in accordance with FDOT Plans Preparation Manual.
3.2 Specifications — For general specifications, FDOT Specifications will be incorporated.
Comprehensive, abbreviated methods, materials and systems descriptions in tune with the
drawings will be developed as necessary with Technical Special Provisions.
3.3 Schedules — Prepare an estimate of the Construction Time.
3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance with the
Construction Documents.
3.5 Design calculations - Design calculations and documentation will be submitted with
each phase submittal.
4.0 CONSTRUCTION PHASE
4.1 The Engineer shall attend the pre -construction meeting.
4.2 The Consultant shall review and approve or take other appropriate action upon
Contractor's Shop Drawings submittals for prefabricated elements to be placed permanently in
the structure but only for the limited purpose of checking for conformance with information given
and the design concept expressed in the Contract Documents. The Consultant's action shall be
taken with such reasonable promptness as to cause no delay in the Contractor's Work or in
construction by the County's own forces, while allowing sufficient time in the Consultant's
professional judgment to permit adequate review. In general, said review and action shall be
completed in 10 working days from receipt of a shop drawing submittal, excluding resubmittals.
Review of such submittals is not conducted for the purpose of determining the accuracy and
completeness of other details such as dimensions and quantities or for substantiating
instructions for installation or performance of equipment or systems designed by the
Contractors, all of which remain the responsibility of the Contractors to the extent required by
the Contract Documents. The Consultant's review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by the Consultant, of construction means,
methods, techniques, sequences, or procedures.
4.3 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.
4.4 The Consultant must reimburse the County for any added costs paid by the County
during construction that were incurred as the result of any error, omission, deficiency, or conflict
in the work product of the Consultant, its consultants, or both. This added expense is defined as
the difference in cost from that which the County would have paid if the work was included in the
bid, and the actual cost presented by the Contractor. The Consultant shall not be held
responsible for additional deficiencies found due to a delay in the construction of the project or
for those hidden deficiencies that could not reasonably be determined through a review of
FDOT Bridge Inspection Reports or physical inspection of a bridge by the Consultant.
4.5 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 including updated design calculations
• 1 set of final CADD files on CD
The Consultant's Engineer of Record in responsible charge of the project's design shall
professionally endorse (signed and sealed and certified) the record prints, the special provisions
and all reference and support documents.
4.6 The Consultant will attend the pre -construction meeting and as needed, attend the
periodic construction progress meetings.
5.0 CONSTRUCTION COST
The Consultant shall submit to the County in writing its final estimate of the contractor's
anticipated bid price for constructing the Project. Once submitted, the final anticipated price
estimate shall be adjusted by the Consultant to reflect any increase or decrease in anticipated
price resulting from a change in Design.
5.1 The Construction Cost shall be the total estimated bid cost to the County of all
elements of the Project designed or specified by the Consultant.
5.2 The Construction Cost shall include the cost at current market rates of labor and
materials and Equipment designed, specified, selected or specially provided for by the
Consultant, plus a reasonable allowance for Contractor's overhead and profit.
5.3 Construction cost does not include the compensation of the Consultant and the
Consultant's consultants, the costs of land, rights -of -way, financing or other costs which are the
responsibility of the County.
ATTACHMENT B
CONSULTANT COST PROPOSAL
December 18, 2015
Clark Briggs
Sr. Project Administrator
Monroe County Engineering Services
1100 Simonton Street
Key West, Florida 33040
Project Description: Garrison Bight Bridge Repair - Monroe County/FDOT District Six LAP
Proj ect
Re: Fee Proposal for the Design Development Letter Report, Bridge Repair Plans, Roadway
Reconstruction Plans and Post Design Services
Dear Mr. Briggs:
Kisinger Campo & Associates (KCA) is pleased to submit this Scope of Services and Fee Proposal
for engineering services for the above referenced project. The scope of services will consist of
engineering services required to produce a Design Development Letter Report, Bridge Repair
Plans, Roadway Reconstruction Plans, Permitting/Environmental Services and associated Post -
design Services.
The Design Development Letter Report will consider all repair alternatives while also considering
the possibility of future replacement. All alternatives will be evaluated based on cost, impacts to
traffic, environmental impacts, permitting impacts and service life. A final repair recommendation
will be made that fits the needs of the county and is within the proposed FDOT budget.
Bridge repair plans and roadway plans will be produced that conform to the approved Design
Development Report Alternative. The bridge repairs will likely include spall repair, crack
injection, cathodic protection, metalizing, structural steel repair, prestressed beam repair,
substructure strengthening and bridge fender repairs. The roadway efforts will likely consist of
milling and resurfacing with base reconstruction if warranted. In addition, KCA will provide all
environmental and permitting services associated with the proposed repairs and be available to
assist with all post -design support.
All of the testing and inspections associated with the above repairs is included in the scope of work
and the total fee. This includes an asbestos survey, road and bridge corings and an underwater pile
and retaining wall inspection to be completed by sub -consultants.
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We have estimated the level of effort required for all engineering design services and plans
production described above. Our total estimated fee amounts to $263,154.12. This fee includes
all KCA efforts, sub -consultant tasks, QA/QC, supervision and LAP project coordination. The fee
estimate is based on hourly rates which include our expenses and overhead. For a phase
breakdown of the lump sum fee, see the following sheet.
We sincerely appreciate the opportunity to continue our working relationship with you on this
project. Please do not hesitate to call me if you have any questions or need any additional
information.
Best Regards,
f�
Jason L. LaBarbera, P.E.
Project Manager
cc. File: 12013.02 (KCA)
"01 h;[>`ti: ! i,� �kEi°i 5(. . I ;u,'E. 7�., 1. fir,; l i ,rit :. = i o .��
PHASE BREAKDOWN FEE SUMMARY
GARRISON BIGHT BRIDGE REPAIR
DESIGN DEVELOPMENT PHASE
DESIGN DEVELOPMENT LETTER, LOAD RATING ANALYSIS & SITE VISITS $26,028.00
30% OF COORDINATION/MEETINGS/SUPERVISION $6,276.60
TOTAL $32,304.60
CONSTRUCTION DOCUMENTS PHASE
STRUCTURES REPAIR PLANS
70% OF COORDINATION/MEETINGS/SUPERVISION
ROADWAY DESIGN SERVICES
ENVIRONMENTAL SERVICES
PSI (BRIDGE/ROADWAY CORINGS)
PSI (ASBESTOS SURVEY)
KEITH AND ASSOCIATES (SURVEY)
BOLT (UNDERWATER INSPECTION)
POST DESIGN SERVICES PHASE
TOTAL
TOTAL
$99,410.00
$14, 645.40
$44,860.00
$22,170.00
$6,163.00
$ 2, 080.00
$6,500.00
$3,753.12
$199,581.52
$31,268.00
GRAND TOTAL $263,154.12
KCA FEE
SUBCONSULTANT FEE
TOTAL FEE
FEE SUMMARY SHEET
STRUCTURES
ROADWAY
ENVIRONMENTAL
TOTAL
PSI (BRIDGE/ROADWAY CORINGS)
PSI (ASBESTOS SURVEY)
KEITH AND ASSOCIATES (SURVEY)
BOLT (UNDERWATER INSPECTION)
TOTAL
$177,628.00
$44,860.00
$22,170.00
$244,658.00
$6,163.00
$ 2, 080.00
$6,500.00
$3,753.12
$18,496.12
GRAND TOTAL $263,154.12
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ATTACHMENT C
APPENDIX I OF FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT
LOCAL AGENCY PROGRAM FEDERAL -AID TERMS 375-040-84
For PROFESSIONAL SERVICES CONTRACTS PROGRAM MANAGEMENT
04/1:
Page 1 of
The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds:
A. It is understood and agreed that all rights of the Local Agency 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 permit federal participation, no supplemental agreement of any nature
may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval
of the 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: relative to nondiscrimination in
Federally -assisted programs 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 shall 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 shall permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the Local Agency, 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 Local Agency, Florida Department of
Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration,
and/or the Federal Motor Carrier Safety Administration as 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 Local Agency shall impose such contract sanctions as it or the Florida Department
of Transportation, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier
Safety Administration may determine to be appropriate, including, but not limited to,
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 I in every
subcontract, including procurements of materials and leases of equipment unless exempt by the Regulations, order,
or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or
procurement as the Local Agency, 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 subconsultant or supplier as a result of such direction,
the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local
Agency, and, in addition, the Consultant may request the United States to enter into such litigation to protect the
interests of the United States.
Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d el
seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniforrr
Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment
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of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects)
Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of
the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability)
and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibit=_
discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), a_
amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Ac,
of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The
Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the
terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and
contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with
Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) a_
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviatior
Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color,
national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health or environmenta
effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discriminatior
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps tc
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the
Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in educatior
programs or activities (20 U.S.C. 1681 et seq).
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.
K. 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.
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.
M. 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.
N. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local
Agency 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 Local Agency. 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.
O. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required
by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or
carrying out this contract, to
employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind;
The Local Agency 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,
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both criminal and civil.
P. The Consultant hereby certifies that it has not:
employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any
firm or person (other than a bona fide employee working solely for the above contractor) to solicit or secure
this contract;
2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any
firm or person in connection with carrying out this contract; or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for
the above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with,
procuring or carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the Local Agency, 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.
ATTACHMENT D
LAP AGREEMENT
4kgmgl�ITRTKUIVKI ►
Page 1
ESTIMATES
Federal No: OOBB-010-B
Org Code:
FLAIR Obj:
FPN:
Fund:
FLAIR Approp:
Federal No:
Org Code-
FLAIR Obj:
ata niversal Number System (DUNS) No: LO-939-7102 Local Agency DUNS No: 073876797
Catalog of Federal Domestic Assistance (CFDA)- 20.205 Highway Planning and Construction
Department,
THIS AGREEMENT, made and entered into this —L-1- day -of J" f and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an-a4geAnn "of th'�e—State of Florida, hereinafter called the
. Monroe Counly hereinafter called the yr-
■'
WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including
the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida
Statutes, to enter into this Agreement;
111011,V, THER FORE, in consideration of the mutual cove-ia-its.
1.00 Purpose of Agreeme . nt: The purpose of this Agreement is to provide for the Department's participation in The
Garriso-i Bog
1.01 Attachments. Exhibit(s) 1 A & B are attached and made a part hereof.
.. .. •-• r ..referencemade a ._ - •; of each !
Agreement.er this
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of the Project.
Once the Department issues a Notice to Proceed (NTP) for the Project, the Agency shall be obligated to submit an invoice
or other request for reimbursement to the Department for all work completed for the Project no less frequently than on a
quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly (or more frequently than
quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the
Department results in FHWA removing any unbilled funding or in the loss of State appropriation authority (which may
include the loss of state and Federal funds, if there are state funds programmed to the Project), then the Agency will be
solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to
provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the
Department, if the removal is related to FHA's withdrawal of funds or if the removal is related to the loss of State
appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de-
certification of the Agency for future LAP Projects.
9PECIRCATIONS AND
525-MG40
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If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the
Agency, and the Project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Agency. No state funds can be used on off -system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the Project on or before March 31, 2017. If the Agency
does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the Project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice
or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or
to undertake the Project hereunder or to observe, assume or cant' out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including
federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the Project.
2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the Project as the Department and the Federal
Highway Administration (FHWA) may require. The Agency shall use the Departments Local Agency Program Information
Tool and applicable information systems as required.
3.00 Project Cost:
3.01 Total Cost: The total cost of the Project is $ 260,000. This amount is based upon the schedule of funding in Exhibit
"B." The Agency agrees to bear all expenses in excess of the total cost of the Project and any deficits involved. The
schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate in the Project cost to the extent provided in
Exhibit "B." This amount includes federal -aid funds which are limited to the actual amount of federal -aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible Project costs is subject to:
. Legislative approval of the Department's appropriation request in the work program year that the Project i�
scheduled to be committed;
b. Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement;
and
d. Department approval of the Project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as
SPECIFICATIONSSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT D
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available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The Department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000
and which have a term for a period of more than 1 year."
3.06 Notice -to -Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice -
to -Proceed (NTP) from the Department. The Agency agrees to advertise or put the Project out to bid thirty (30) days from
the date the Department issues the NTP to advertise the Project. If the Agency is not able to meet the scheduled
advertisement, the District LAP Administrator should be notified as soon as possible.
3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the Project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or Project costs in part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice_
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a Project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, cant' out the Project, and shall incur obligations against and make disbursements of Project funds only in
conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by
execution of a LAP Supplemental Agreement between the Department and the Agency. The Agency acknowledges and
agrees that funding for this project may be reduced upon determination of the agency's contract award amount. if revised,
a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease
shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the
Department's Comptroller.
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
Project and all other records of the Agency and subcontractors considered necessary by the Department for a proper
audit of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be
retained until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the Project account all eligible costs of the Project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 Documentation of Project Costs: All costs charged to the Project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
SPECIFICATIONSSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT ESTIMATES
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5.04 Audit Reports: The administration of resources awarded through the Department to the Agency by this Agreement
may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the
Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the
authority of any State agency inspector general, the State of Florida Auditor General or any other State official. The
Agency shall comply with all audit and audit reporting requirements as specified below.
a. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning
before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal
years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on -site
visits by Department staff and/or other procedures including, reviewing any required performance and financial
reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through
audits when those findings pertain to Federal awards provided through the Department by this Agreement. By
entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and
cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of
Florida Chief Financial Officer (CFO) or State of Florida Auditor General.
b. The Agency, a non -Federal entity as defined by OMB Circular A-133, for fiscal years beginning before December
26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or
after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this
Agreement is subject to the following requirements:
In the event the Agency expends a total amount of Federal awards equal to or in excess of the
threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014,
and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or
after December 26, 2014, the Agency must have a Federal single or program -specific audit for such
fiscal year conducted in accordance with the provisions of OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200,
Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Exhibit 1
to this Agreement provides the required Federal award identification information needed by the
Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning
before December 26, 2014, and_the requirements of 2 CFR Part 200, Subpart F - Audit Requirements,
for fiscal years beginning on or after December 26, 2014. In determining Federal awards expended in
a fiscal year, the Agency must consider all sources of Federal awards based on when the activity
related to the Federal award occurs, including the Federal award provided through the Department by
this Agreement. The determination of amounts of Federal awards expended should be in accordance
with the guidelines established by OMB Circular A-133, for fiscal years beginning before December 26,
2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning
on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in
accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26,
2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014, will meet the requirements of this part.
. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the
auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December
26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years
beginning on or after December 26, 2014.
3. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal
years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit
Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards, the Agency
is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a
single audit exemption statement to the Department at FDOTSingleAudit(ddot:state.fl.us no later than
nine months after the end of the Agency's audit period for each applicable audit year. In the event the
Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning
before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for
fiscal years beginning on or after December 26, 2014, in Federal awards in a fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040
LOCAL AGENCY PROGRAM AGREEMENTSPECIFICATIONS AND
ESTIMATES
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beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F — Audit
Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be
paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's
resources obtained from other than Federal entities).
4. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at
https:Hharvester.census.gov/facweb/ the audit reporting package as required by OMB Circular A-133,
for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F —
Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30
calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period.
The FAC is the repository of record for audits required by OMB Circular A-133, for fiscal years
beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F — Audit
Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However,
the Department requires a copy of the audit reporting package also be submitted to
FDOTS ingleAudit(ED_dot; state. fl.us within the earlier of 30 calendar days after receipt of the auditor's
report(s) or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal
years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F — Audit
Requirements, for fiscal years beginning on or after December 26, 2014.
5. Upon receipt, and within six months, the Department will review the Agency's audit reporting package,
including corrective action plans and management letters, to the extent necessary to determine whether
timely and appropriate action on all deficiencies has been taken pertaining to the Federal award
provided through the Department by this Agreement. If the Agency fails to have an audit conducted in
accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in
accordance with 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on or after
December 26, 2014, the Department may impose additional conditions to remedy noncompliance. If the
Department determines that noncompliance cannot be remedied by imposing additional conditions, the
Department may take appropriate actions to enforce compliance.
6. As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee,
the CFO or State of Florida Auditor General access to the Agency's records including financial
statements, the independent auditor's working papers and project records as necessary. Records
related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or
the dispute is resolved.
7 The Department's contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 23 -045
F DOTSin IeAudit dot. state. fl.us
c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for
period of five years from the date the audit report is issued and shall allow the Department, or its designee, the
CFO or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the
audit working papers are made available to the Department, or its designee, the CFO, or State of Florida
Auditor General upon request for a period of five years from the date the audit report is issued unless extended
in writing by the Department.
5.05 Inspection. The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the Project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(c), Florida Statutes) unless the records are exempt.
PROGRAMSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-411
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5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(1)(a), Florida
Statutes).
All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b),
Florida Statutes).
If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the Project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may
elect by notice in writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the Project which, under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the Project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all Projects costs
incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for
the Project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit'the final invoice on the Project to the Department within 120 days after the
completion of the Project. Invoices submitted after the 120-day time period may not be paid.
FLORIDASTATE OF DEPARTMENTOF TRMSPORTATION,
•; PROGRAM AGREEMENT ESTIMATES
■
O,:
Page 7
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all
of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
(a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the
Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such
notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the
deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement
as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the
deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon
demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting
the deficiency.
(b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing,
with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be
terminated.
(c) If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the percentage of the
Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the
equivalent percentage of the contract price. All work in progress will become the property of the Department and will be
turned over promptly by the Agency.
8.02 Action Subsequent to Notice -of -Termination or Suspension: Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, Project activities
and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of
which the financing is to be computed; (b) furnish a statement of the Project activities and contracts and other
undertakings the cost of which are otherwise includable as Project costs. The termination or suspension shall be carried
out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and
conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a
reasonable time. The closing out of federal financial participation in the Project shall not constitute a waiver of any claim
which the Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the Project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency shall certify to the
Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department 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 Department funds under this Agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52-5-01"0
SPECIFIGATIONS AND
LOCAL AGENCY PROGRAM AGREEMENT ESTIMATES
The Agency and its contractors 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 Agency and its contractors 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. Furthermore, the
Agency agrees that:
(a) Each financial assistance agreement signed with a US -DOT operating administration (or a primary recipient) must
include the following assurance:
"The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of
49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to
ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient`s DBE
program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in
this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its
approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may,
in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801 et seq.)."
(b) Each contract signea with a contractor (and each subcontract the prime contractor signs with a subcontractor) must
include the following assurance:
"The contractor, subrecipient 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 C.F.R.
Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor 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 recipient deems appropriate."
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
— Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
11.01 Performance Evaluation: Agencies are evaluated on a project -by -project basis. The evaluations provide
information about oversight needs and provide input for the recertification process. Evaluations are submitted to the
Agency's Responsible Charge or designee as part of the Project closeout process. The Department provides the
evaluation to the Agency no more than 30 days after final acceptance.
11.02 Performance Evaluation Ratings: Each evaluation will result in one of three ratings. A rating of Unsatisfactory
Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations,
standards and procedures, required excessive District involvementloversight, or the Project was brought in-house by the
Department. A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable
federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above
Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state
regulations, standards and procedures, without District involvementloversight.
11.03 Delegation of Authority: The District will determine which functions can be further delegated to Agencies that
continuously earn Satisfactory and Above Satisfactory evaluations.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
il
SPECIFICATIONSSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
•
LOCAL AGENCY PROGRAM AGREEMENT ESTIMATES
Page 9
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. The Agency shall insert the foregoing provision modified only to show the
particular contractual relationship in all its contracts in connection with the development of operation of the Project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project
involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in
conspicuous places available to employees and applicants for employment for project work, notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI — Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the
Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract 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 a 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, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide 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 a 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.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non -Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in
the Project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to
be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040
SPECIFICATIONS AND
LOCAL AGENCY PROGRAM AGREEMENTESTIMATES
OGC-12114
Page 10
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a party to this Agreement.
13.03 When Rights and Remedies Not Waived: in no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the Project.
13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities, the
Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. The
Department will review all plans and specifications and will issue to the Agency a written approval with any approved
portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate.
After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to
the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient
cause of nonpayment by the Department. The Agency will physically include Form FHWA-1273 in all its contracts and
subcontracts.
13.08 Right -of -Way Certification: Upon completion of right-of-way activities on the Project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the Project, including if no right-of-way is required.
13.09 Agency Certification: The Agency will certify in writing, prior to Project closeout that the Project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the Project is accepted by the Agency as suitable for the intended purpose.
13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original and such counterparts together shall constitute one and the
same instrument.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525410-40
SPECIFICATIONS AND
LOCAL AGENCY PROGRAM AGREEMENTESTIMATES
OGG-12114
Page 11
13.12 Restrictions on Lobbying:
Federal: The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any 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.
If any funds other than federally -appropriated funds have been paid by the Agency 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 Agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ❑ will ❑ will not
maintain the improvements made for their useful life.
13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 30 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and
approved.
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3) (b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at 850-413-5516.
13.15 Reimbursement of Federal Funds:
The Agency shall comply with all applicable federal guidelines, procedures, and regulations. if at any time a review
conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were
not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment
to the Department of all funds awarded under the terms of this Agreement.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01 GAO
SPECIFICATIONS !'
LOCAL AGENCY PROGRAM AGREEMENT ESTIMATES
Page 12
13.16 - VERIFY
1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all
new employees hired by Agency during the term of the contract; and
2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of
all new employees hired by the subcontractor during the contract term.
52MlCL40
SPECIFICATIONS AND
ESTIMATES
OGG- 12814
Page 13
71,177-7-WrIF-117,0771ME M-
By:
page
UIRM
MR
See attached Encumbrance Form for date of funding approval by Comptroller.
](014Y-11WAM4 0 1*vfi:Rt*1Cj Zf-, I Ili F-ACI :4=1 =I ilil;q 0 11
CFDA No.: 20.205
CFDA Title: Highway Planning and Construction
Federal -Aid Highway Program, Federal Lands Highway Program
CFDA Program Site: hftPsJ1www.cfda.qo
Award Amount: $260000.00
Awarding Agency: Florida Department of Transportation
Award is for R&D: No
Indirect Cost Rate: N/A
PROGRAMSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010MQ
LOCAL AGENCY • ! ESTIMATES
FPN: 431918-1
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Monroe Count
Dated
PROJECT LOCATION:
The project is X is not on the National Highway System.
The project is is not on the State Highway System.
PROJECT DESCRIPTION:
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will retlect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Study to be completed by
b) Design to be completed by December, 2016.
c) Right -of -Way requirements identified and provided to the Department by October, 2016.
d) Right -of -Way to be certified by December, 2016.
e) Construction contract to be let by March 2017.
f) Construction to be completed by November, 2017.
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
r
SCHEDULE OF FUNDING
AGENCY NAME & BILLINGADDRESS FPN: 431918-1
Monroe County BOCC
Engineering Department
1100 Simonton Street, Key West, FL 33040
Name: Garrison Bight Bridge Length: 177.4
Termini: Palm Avenue, Key
(1)
TOTAL
TYPE OF WORK By Fiscal PROJECT Fl
AGENCY I STATE
0.b�o
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of
each fiscal year. The Department will notify the Agency, in writing, when funds are available.
Pag
07123/2015 Florida Department of Transportation
Federal Authorization Management System
Notice of Approved Authorization
from Federal Highway Administration
to Participate in Project Costs Incurred
After the Effective Date of Authorization Noted Below
Federal Aid Project Number: 00116 010 State Project Number: 431918-1 31 01
This Notice of Approved Authorization is issued with the stipulation that the Florida Department of Transportation agrees to
comply with the applicable terms and conditions set forth in (1) Title 23, U.S. Code, Highways, (2) The regulations issued
pursuant thereto and (3) the policies and procedures promulgated by the Federal Highway Administration relative to the above
designates project. The Florida Department of Transportation also agrees to comply with the applicable provisions set forth in
CFR Part 630, Subpart C.
Project Location: GARRISON BIGHT BRIDGE AT PALM AVE. & N. ROOSEVELT BLVD (BR#
904025);BRIDGE-REA[R/REHABILITATION;PRELIMINARY ENGINEER;LAP
Character of proposed work: Preliminary Engineering
Classification of phase of work Effective date
to be put under agreement of authorization
Highway planning & Research
XPreliminary Engineering 07/23/2015
Right -of -Way
Construction
Other
Urban/ Federal
Federal Funds
Advance
Dist. Appr, With Total Cost Share
Under Agreement
Construction
06 L20R 178,668.00 100.0%
131,889.00
35,939.00
06 M24E 97,172.00 100.0%
97,172.00
0.00
Department of Transportation
Available funds certified by: BABA RA FLORENZAN Date., 07/20/2015
Approval recommended by: PATRICK CRAIG Date: 07/20/2015
Approved and Authorized by: RICHARD LUTEN Date: 07/22/2015
Federal Highway Administration
Approval Recommended By., BELINDA A. HEYS Date: 07/22/2015
Approved and Authorized By: DYSHAI S. WEEMS Date: 07/23/2015
Agreement Approved By: BELINDA A. HEYS Date: 07/22/2015
State Remarks:
INITIAL AUTHORIZATION FOR PRELIMINARY ENGINEERING OF THE LOCAL AGENCY
PROGRAM AGREEMENT WITH MONROE COUNTY. CFDA#20.205; INDIRECT N/A; PERIOD OF
PERFORMANCE END DATE APRIL 21,2019. THIS AGREEMENT ISS
UBJECT TO THE FOLLOWING AWARD TERMS: HTTP:/IEDOCKET.ACCESS.GPO.GOV/2010/PDF/2010-
22705.PDF AND HTTP.//EDOCKET.ACCESS.GPO.GOV/2010/PDF/2010-22706.PDF.
Division Remarks
This Notice of Authorization is not the official FHWA Approved Project Agreement for the project designated above. The
.ww d-f � I . .
Q-A, iWJ'a'QW-M "t-N cWA ro F I , I
file:IIIC:lUserslknksaralAppDatalLocallMicrosoftlWindowsITemporary%2OIntemet%20FilesIC...
F1989LTM@dot.atate.fl.us
APPROVAL/REVIEWEDSUBJECT: FUNDS FOR CONTRACT G0326
STATE OF I,. . Y :lei, A • A TRANSPORTATION
FUNDS
Contract
*BUDGETORO-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *FCT *CFDA
(FISCAL YEAR) r
AMENDMENT ID i,. Er ID N
*` -
55 000 *7 *780000 * 260000.00 *43191813801 *215 *20.205
2016 *55100100 *088849/16
0001 *00 * *0001/04
TOTAL AMOUNT: *$ 260,000.00
------------------------------------------------------------------------
FUNDS
APPROVED/REVIEWED FOR ROBIN M. NATTOVE, CPA, COMPTROLLER
DATE: 08/10/2015
ATTACHMENT E
FDOTFORMS
Certification of Disclosure of Lobbying Activities on Federal Aid Contracts
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion for Federal Aid Contracts
Conflict of Interest Certification for Consultant/Contractor
Truth in Negotiation Certification
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES
ON FEDERAL -AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
375-030-33
PROCUREMENT
10/01
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: Kisinger Campo & Associates, Carla
By:
Authorized Signature:
Title: President
Date: _12/2.212015
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION — LOWER TIER
COVERED TRANSACTIONS
FOR FEDERAL AID CONTRACTS
(Compliance with 49 CFR, Section 29.511)
(Appendix B Certification]
375-030-32
PROCUREMENT
03/15
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.
Name of C ultant.
By Date:12/22/2015
Authorized Signature { I G. Foley, P.E.)
Title: President
Instructions for Certification
1. By signing and submitting this 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 or agency with which this transaction originated
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 had 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 meaning set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is
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 proposed for debarment under
48 CFR part 9, subpart 9.4, 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 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 proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from
covered transactions, 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 List of Parties Excluded
from Federal Procurement and Nonprocurement Programs.
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 is 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 proposed for debarment under 48 CFR part 9, subpart 9.4,
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency with which the transaction originated may pursue available remedies,
including suspension and/or debarment.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-50
CONFLICT OF INTEREST CERTIFICATION PROCUREMENT
01/12
FOR CONSULTANT/CONTRACTOR
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may
have, and that I will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on
any contract if I have a conflict of interest or a potential conflict of interest.
Consultants/Contractors are expected to safeguard their ability to make objective, fair, and impartial decisions when
performing work for the Department, and therefore may not accept benefits of any sort under circumstances in which it
could be inferred by a reasonable observer that the benefit was intended to influence a pending or future decision of
theirs, or to reward a past decision. Consultants performing work for the Department should avoid any conduct (whether in
the context of business, financial, or social relationships) which might undermine the public trust, whether or not that
conduct is unethical or lends itself to the appearance of ethical impropriety.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department.
Contract No./Project Description(s): .
Financial Project Number(s):
Each undersigned individual hereby attests that he/she has no conflicts of interest related to the contract(s) identified
above.
Printed Names Signatures Date
Paul G. Foley,P.E. President 12/22/2015
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-30
TRUTH IN NEGOTIATION CERTIFICATION PROCUREMENT
05114
Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump -sum or cost -plus -a -fixed fee
professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for
CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute
this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract
advertisement.
The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs
supporting the compensation for this project's agreement are accurate, complete, and current at the time
of contracting.
The Consultant further agrees that the original agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the Department determines the agreement price was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such
agreement adjustments shall be made within (1) year following the end of the contract. For purposes of
this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of
the work by the Department, whichever is later.
Kisinger Campo & Associates, Corp.
Name of Consultant
015
(Paul G. Foley, P.E., Pr sid nt) Date