Item C08
AGREEMENT FOR
ENGINEERING DESIGN AND PERMITTING SERVICES FOR THE GARRISON BIGHT
BRIDGE REPAIR PROJECT
th
20January, 2016
This Agreement (“Agreement”) made and entered into this day ofby
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”),
AND
Kisinger Campo & Associates, Corp
., a Corporation of the State of Florida, whose
201 North Franklin Street, Suite 400, Tampa, Florida 33602
address is 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 asthe
“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
1.1REPRESENTATIONS 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 applicablelaw, 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 by law with regards
to his performance and those directly under his employ.
1.1.5
The CONSULTANT’S services shall be performed asexpeditiously 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, orregulating 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 CONSULTANTshall 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
October 31,2016
than .
ARTICLE II
SCOPE OF BASIC SERVICES
2.1DEFINITION
Attachment A
CONSULTANT’S Scope of Basic Services consistsof those described in . 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.
2.2CORRECTION 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.
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 withthe 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 necessaryfor 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 CONSULTANTcovenants and agrees to indemnify and hold harmless
COUNTY/Monroe County and Monroe County Board of County Commissioners, its
officers and employees from liabilities, damages, losses and costs, including but not
limited to, reasonable attorneys’ fees, to the extent caused by the negligence,
recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s)
and other persons employed or utilized by the CONSULTANT in the performance of the
contract.
5.2
The first ten dollars ($10.00) of remuneration paid to the CONSULTANTis for the
indemnification provided for above. The extent of liability is in no way limited to,
reduced, or lessened by the insurance requirements contained elsewhere within this
agreement. Should any claims be asserted against the COUNTY by virtue of any
deficiency or ambiguity in the plans and specifications provided by the CONSULTANT,
the CONSULTANTagrees and warrants that he shall hold the COUNTY harmless and
shall indemnify him from all losses occurring thereby and shall further defend any claim
or action on the COUNTY’S behalf.
7.1.2
The COUNTY shall pay the CONSULTANT monthly; the following amounts will apply for
each phase of the project:
Design Development$ 32,304.60
Construction Documents/Permitting/
Bid Phase Services$199,581.52
Post-Design(Construction Phase) Services$31,268.00
7.2PAYMENTS
7.2.1
For its assumption and performances of the duties, obligations and responsibilities set
forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant
to the Local Government Prompt Payment Act 218.70, Florida Statutes.
(A)If the CONSULTANT’S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either
upward or downward;
(B)As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. The CONSULTANT’S
invoice shall describe with reasonable particularity the service rendered. The
CONSULTANT’S invoice shall be accompanied by such documentation or data
in support of expenses for which payment is sought at the COUNTY may require.
7.3REIMBURSABLE EXPENSES
7.3.1
Reimbursable expenses include expenses incurredby 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;
7.4BUDGET
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
insuranceat 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’noticeto 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 $2,000,000annual
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
9.1SECTION 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.
9.2OWNERSHIP 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.
9.3SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontractits 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.
9.4NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
9.5TERMINATION
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
9.6CONTRACT 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.
9.7PUBLIC 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
recoveryof 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 hascommitted 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 CONUSULTANThas 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
.
9.8MAINTENANCE 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.
9.9GOVERNING 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
th
that venue shall lie in the 16Judicial 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.
9.10SEVERABILITY
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.
9.11ATTORNEY’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.
9.12BINDING 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.
9.13AUTHORITY
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.
9.14CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shallbe, 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.
9.15ADJUDICATION 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.
9.16COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, COUNTY
and CONSULTANT agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
9.17NONDISCRIMINATION
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.
9.18COVENANTOF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
9.19CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated inSection 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.
9.20NO 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 orresulting 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.
9.21PUBLIC ACCESS
.
The CONSULTANT and COUNTY shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or othermaterials 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
recordsdisclosure 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.
9.23PRIVILEGES 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.
9.24LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional
or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
9.25NON-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.
9.26ATTESTATIONS 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 WorkplaceStatement. 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.
9.27NO 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.
9.29DISADVANTAGED 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.
9.30FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS
The following forms and provisions are incorporated in and madea 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 theirrace, 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 ofall 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.
ATTACHMENT A
SCOPE OF SERVICES
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 describeall 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.
1.0DESIGN 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.
2.0CONSTRUCTION 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:
1.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 Maintenancefor 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 andEnvironmental 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 theConsultant 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.
3.0CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS
To satisfactorily perform the Construction Documents phase requirement, the Consultant
must complete the tasks set forth in items 3.1 through 3.5.
3.1Construction Plans –,
This consists ofat a minimum, Key Sheet, Summary of Pay
Items and Quantities, Project Layout, Plan and Profile sheets including locations of existing
utilities, Typical Sections, Detail sheets, General Notes, Traffic Control Plan. Construction plans
shall be in accordance with FDOT Plans Preparation Manual.
3.2Specifications –
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.
3.3Schedules –
Prepare an estimate of the Construction Time.
3.4Estimate of Construction Cost –
Estimate of anticipated cost in accordance with the
Construction Documents.
3.5Design calculations -
Design calculations and documentation will be submitted with
each phase submittal.
4.0CONSTRUCTION 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 ofany 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 totalestimated 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
Project
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.
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,
Jason L. LaBarbera, P.E.
Project Manager
cc.File: 12013.02 (KCA)
PHASEBREAKDOWNFEESUMMARY
GARRISONBIGHTBRIDGEREPAIR
DESIGNDEVELOPMENTPHASE
DESIGNDEVELOPMENTLETTER,LOADRATINGANALYSIS&SITEVISITS$26,028.00
30%OFCOORDINATION/MEETINGS/SUPERVISION$6,276.60
TOTAL$32,304.60
CONSTRUCTIONDOCUMENTSPHASE
STRUCTURESREPAIRPLANS$99,410.00
70%OFCOORDINATION/MEETINGS/SUPERVISION$14,645.40
ROADWAYDESIGNSERVICES$44,860.00
ENVIRONMENTALSERVICES$22,170.00
PSI(BRIDGE/ROADWAYCORINGS)$6,163.00
PSI(ASBESTOSSURVEY)$2,080.00
KEITHANDASSOCIATES(SURVEY)$6,500.00
BOLT(UNDERWATERINSPECTION)$3,753.12
TOTAL$199,581.52
POSTDESIGNSERVICESPHASE
TOTAL$31,268.00
GRANDTOTAL$263,154.12
FEESUMMARYSHEET
GARRISONBIGHTBRIDGEREPAIR
KCAFEE
STRUCTURES$177,628.00
ROADWAY$44,860.00
ENVIRONMENTAL$22,170.00
TOTAL$244,658.00
SUBCONSULTANTFEE
PSI(BRIDGE/ROADWAYCORINGS)$6,163.00
PSI(ASBESTOSSURVEY)$2,080.00
KEITHANDASSOCIATES(SURVEY)$6,500.00
BOLT(UNDERWATERINSPECTION)$3,753.12
TOTAL$18,496.12
TOTALFEE
GRANDTOTAL$263,154.12
ATTACHMENT C
APPENDIX I OF FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT
LLENY PRRM FEDERL-ID TERM
OCAAGCOGAAAS
375-040-84
For PROFESSIONAL SERVICES CONTRACTS
PROGRAM MANAGEMENT
04/15
Page 1 of 3
TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):
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,
1. withholding of payments to the Consultant under the contract until the Consultant complies and/or
2. cancellation, termination or suspension of the contract, in whole or in part.
H. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through 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.
I. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et
seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment
LLENY PRRM FEDERL-ID TERM
OCAAGCOGAAAS
375-040-84
For PROFESSIONAL SERVICES CONTRACTS
PROGRAM MANAGEMENT
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Page 2 of 3
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.), (prohibits
discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act
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) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation
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 environmental
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 discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to
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 education
programs or activities (20 U.S.C. 1681 et seq).
J. 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.
L. 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
1. employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, 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,
LLENY PRRM FEDERL-ID TERM
OCAAGCOGAAAS
375-040-84
For PROFESSIONAL SERVICES CONTRACTS
PROGRAM MANAGEMENT
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Page 3 of 3
both criminal and civil.
P. The Consultant hereby certifies that it has not:
1. 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;
agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any
2.
firm or
person in connection with carrying out this contract; or
paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for
3.
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
ATTACHMENT E
FDOT 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
Truth inNegotiation Certification