Item C11M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
Th e Florida Keys
Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
January 17, 2018
Agenda Item Number: C.11
Agenda Item Summary #3722
BULK ITEM: Yes DEPARTMENT: Engineering / Roads
TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 453 -8754
N/A
AGENDA ITEM WORDING: Approval to enter into an Agreement for On Call Professional
Engineering Services with T.Y. Lin International for a period of four (4) years with an option to
renew for one (1) additional year. T.Y. Lin International was one of the top nine (9) ranked
respondents to the solicitation.
ITEM BACKGROUND: The County requires miscellaneous engineering services for various
county projects on an on -going basis. The current seven continuing services contracts will expire in
January 2018. The County received 18 responses to the Request for Qualifications on October 3,
2017. The selection committee met on November 16, 2017, at a publicly noticed meeting and ranked
the respondents.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved advertising an RFQ for On Call
Professional Engineering Services at the July 2017 meeting. The BOCC approved negotiations with
the nine (9) highest ranked respondents at the December 2017 meeting.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval to enter into contract with T.Y. Lin International for
on -call professional engineering services.
DOCUMENTATION:
TY LIN Continuing services contract 2018 fully executed
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
If yes, amount:
N/A
I to] HLTI I IH 11 i"
Judith Clarke
Completed
12/29/2017 4:23 PM
Patricia Eables
Completed
01/02/2018 3:59 PM
Budget and Finance
Completed
01/02/2018 4:05 PM
Maria Slavik
Completed
01/02/2018 4:42 PM
Kathy Peters
Completed
01/02/2018 4:45 PM
Board of County Commissioners
Pending
01/17/2018 9:00 AM
�91 L
This Agreement ("Agreement") made and entered into this — day of
20 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"),
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T.'T. Lin International. a foreign corporation of the State of California, authorized to
:•o business in the State of Florida, whose address is 201 Alhambra Circle, Suite 900, Coral
Gables, Florida 33134, its successors and assigns, hereinafter referred to as
"CONSULTANT", • "CONTRACTOR".
WITNESSETH
The terms and conditions of this Agreement shall apply to each Task Order, except to the
extent expressly modified. When a Task Order is to modify a provision • this Agreement,
the Article of this Agreement to be modified will be specifically referenced in the Task Order
and the modification shall be precisely described.
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ARTICLE 1
REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express representations
znd warranties to the COUNTY:
1.1 The CONSULTANT shall maintain all necessary licenses, permits or other
authorizations necessary • act as CONSULTANT for the Project until the
CONSULTANT'S duties hereunder have been fully satisfied.
1.2 The CONSULTANT has become familiar with the Project site and the local
conditions under which the Work is to be completed.
1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with
regards to its performance and those directly under its employ.
1.6 At all times and for all purposes under this Agreement the CONSULTANT is an
independent contractor and not an employee • the Board of County Commissioners
for Monroe County. No statement contained in this Agreement shall be construed so
as
• find the CONSULTANT or any of its employees, contractors, servants, or
agents to be employees of the Board of County Commissioners for Monroe County.
1.7 The CONSULTANT shall not discriminate against any person on the basis of race,
creed, color, national origin, sex, age, • any other characteristic or aspect which is
not related, in - its recruitin 9 _ hiring,-promoting,-termina-t�n-g-,-or any other area
affecting employment under this Agreement or with the provision of services or
goods under this Agreement.
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ARTICLE 11
SCOPE OF BASIC SERVICES
2.1 SCOPE OFWORK
The CONSULTANT will perform for the COUNTY services as described in individual Task
Orders in accordance with the requirements outlined in the Agreement and the specific Task
Order.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT sha||, without additional oornpenaa1ion, pnonncd|y correct any errora,
onn|oa|ons, defioiencies, or conflicts in the vxmrb product of the CONSULTANT or its
ouboonau|tanta, 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 mai|ed, postage pne-pa|d, to the
appropriate party by certified rnai|, return receipt requested, to the following:
For the County:
K80. Judith C|arke, P.E.
Director ofEngineering Services
Monroe County
1100 Simonton 8tnaet, Room 2-216
Key West, Florida 33040
And: Mr. Roman Gosteei, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the Consultant:
Francisco J. /\|onoo. P.E.
Associate Vice President
T`y Lin International
201 Alhambra Circle, Suite 900
Coral Geb|eo, FL 33134
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 requinad, but only if approved
by the COUNTY before commencement.
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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.
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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
1 NDEMNIFICATION AND HOLD HARMLESS
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.
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The CONSULTANT shall assign only qualified personnel to perform any service concerning
the project. At the time of execution of this Agreement, the parties anticipate that the
following named individuals will perform those functions as indicated:
NAME FUNCTION
Mariano Valle, P in Charg
Francisco J. Alonso, P. E. Project Manager
Ali Toghiani, P.E. Quality Assurancl
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.
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ARTICLE VII
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S
performance of this Agreement based on rates negotiated and agreed upon and
shown in Attachment A.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obli and responsibilities
set forth herein, t CONSULTANT shall be paid monthly. Payment will bema
pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes.
(A) If the CONSULTANT'S duties, obligations and responsibilities are nnoteha|b
changed bx amendment to this Agreement after execution of this Agreement,
compensation due 0othe CONSULTANT shall be equitably adjusted, either
upward ordownward;
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherw agreed in writing by
the C{]UNTY, e 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
oen/|oe rendered. The CONSULTANT'S invoice oho/| be accompanied by
such documentation or data in support of expenses for which payment is
sought ag the COUNTY may require.
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the
interest of the project:
a. Expenses of transportation oubnnbtedbvCONSULTANT.inxvriting.mnd|hvinQ
expenses in connect with travel authorized by the C[}UNTT, in writing, but
only to the extent and in the amounts authorized by Section 112.O81.Florida
Statutes; and
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7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to reoeive, and the COUNTY is not
obligated to pmy, any fees or expenses in enoeoo of the amount budgeted for this
contract in each fiscal year (October 1 - September 30) by C(]UNTY'o Board of
County Commissioners. The budgeted amount may only be modified by on
affirmative act of the COUNTY'o Board of County Commissioners.
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7.4.2 The COUNTY'a performance and obligation to pay under this Agreement is
contingent upon on annual appropriation by the Board of County Commissioners
and the approval of the Board nnennbeny at the time of contract initiation and its
duration.
ARTICLE Vill
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 e result of the
CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT oho|| 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. Beat
rating ofV1or better, that ia licensed to business inthe State mf Florida, and that has
an agent for service of process within the State of Florida. The coverage aho||
contain on endorsement providing sixty (8Q) days notice tothe COUNTY prior toany
cancellation of said coverage. Said coverage oho|| be written by an insurer
acceptable to the COUNTY and shall beino form acceptable to the COUNTY.
A. Workers' Compensation insurance as required by the State of Florida, sufficient
to respond to Florida Statute, Chapter 440.
C. Comprehensive business automobile and vehicle |iebi|hn insurance covering
claims for injuries bnnnennbensofUlepub|icend/ordannageohzpropertvofothens
arising from use of motor vehicles, including oneite and ofhaite openabono, and
owned, hired or non-owned vehicles, with One K8i||ioO [}O||ars ($1
combined single limit and One Million Dollars ($1.DDD.00O.DO) annual aggregate.
D. Commercial general |iab|ity, including Personal Injury Liabi|itv, covering o|a|rne
for injuries to members of the public or damage to property of others arising out
of any covered oof or omission of the CONSULTANT or any of its enlp|uyees,
agents or subcontractors or ouboonmultonts. including Premises and/or
C}peradiono. Products and Completed Operations, Independent Contractors;
Broad Form Property Damage and o Blanket Contractual Liability Endorsement
with One Million Dollars ($1.ODO.DOO.00) per occurrence and annual aggregate.
An Occurrence Form policy is preferred. /f coverage ischanged toorprovided
on a Claims Made po|icy, its provisions should include ooxens0e for dairna filed
on or after the effective dote of this contract. In oddbion, the period for which
o|ainna may be reported must extend for a minimum of forty-eight /48\ months
following the termination or expiration of this contract.
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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.
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• 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.
The documents prepared • the CONSULTANT for this Project belong to the
COUNTY and may • reproduced and copied without acknowledgement •
permission • the CONSULTANT.
representatives to the other and to the successors, assigns and legal
representatives of such other party.
Nothing contained herein shall create any relationship, contractual or otherwise, with
or any rights in favor of, any third party.
A. In the event that the CONSULTANT shall be found to be negligent in any aspect
of service, the COUNTY shall have the right to terminate this agreement after
five (5) 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.
This Agreement consists of the Request for Proposals, any addenda, the Form of
Agreement (Articles I -IX), the CONSULTANT'S response to the RFQ, the
documents referred to in the Form of Agreement as a part of this Agreement, and
attachments A, B, and C, and modifications made after execution by written
amendment. In the event of any conflict between any of the Contract documents,
the one imposing the greater burden on the CONSULTANT will control.
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 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 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 of the Florida Statutes, for
CATEGORY TWO for a period of thirty -six (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.
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CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
sub consultant is formally charged with an act defined as a "public entity
crime" or has been placed on the convicted vendor list.
This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida applicable to contracts made and to be performed entirely in the
State. In the event that any cause of action or administrative proceeding is instituted
for the enforcement or interpretation of this Agreement, COUNTY and
CONSULTANT agree that venue shall lie in the 16 Judicial Circuit, Monroe County,
Florida, in the appropriate court or before the appropriate administrative body. This
agreement shall not be subject to arbitration. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida Rules
of Civil Procedure and usual and customary procedures required by the circuit court
of Monroe County.
9.10 SEVERABILITY
If any term, covenant, condition, • provision ■ 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 • this Agreement shall • valid
and shall be enforceable to the fullest extent permitted by law unless the
enforcement • 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 an)t_Wcken provision with a valid provision that comes as close as possible
• the intent • the stricken provision.
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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.
Each party represents and warrants to the other that the execution, delivery, and
performance of this Agreement have been duly authorized • all necessary County
and corporate action, as required by law.
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.
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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.
09 7 1'11 - rl' agrees tnat orticers ancl employees otTffe recognize and will be
required to comply with the standards • 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 • public position, conflictiing employment • contractual
relationship; and disclosure or use of certain information.
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
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working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any peroon, company. corporation, |ndkvidua|, or firm, other than e
bona fide employee working solely for h, any fee, connnliooion, peroentage, g1ft, 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
end, at its d|soretion, to offset from monies ovved, or otherwise reoover, the full
amount of such fee, commission, percentage, gift, orconsideration.
9.21 PUBLIC ACCESS.
Public Records Compliance. Contractor must comply with Florida public records
|awo, including but not limited hoChapter 119. Florida Statutes and Section 24of
article | of the Constitution of Florida. The County and Contractor shall allow and
permit reasonable access to. and inspection of, all documents, reuonde, popens,
letters or other "public record" materials in its possession or under its control subject
to the provisions of Chapter 119. Florida Ststuteo, and made or received by the
County and Contractor in conjunction with this contract and related to contract
performance. The County ahe|| have the right to unilaterally cancel this contract
upon violation of this provision by the Contractor. Failure of the Contractor to abide
by the 0emoe of this provision shall be deemed m nnoharia| breach of this contract and
the County may enforce the b*rnno of this provision in the form of o court proceeding
and oho||, as a prevailing partx, be entitled to reimbursement of all attorney's fees
and 000ƒo associated with that proceeding. This provision shall survive any
termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public
Records Lam/ in order to comply with this provision.
Pursuant to Florida Gtetutes, Section 119.0701 and the terms and conditions of this
contract, the Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County
with o copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this
chapter orae otherwise provided bylaw.
(3) Ensure that public records that are exempt orconfidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
|Gxv for the duration of the contract term and fo||ovv|OQ completion of the contract if
the contractor does not transfer the records tothe County.
(4) Upon completion of the oontraot, trenofer, at no ooa[, to the County all
public records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the Contractor
transfers all public records to the County upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt orconfidential
and exempt from public records disclosure requirements. If the Contractor keeps
and maintains public records upon completion of the contract, the Contractor shall
meet all applicable naqu|narnenta for retaining public records. All records stored
electronically must be provided to the Counh/, upon request from the County's
custodian of neconda, in o format that is oonnpoUb|e with the information technology
systems of the County.
(5) A request to inspect or copy public records relating to a County contract
must be made directly to the County but if the County does not possess the
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inspected or copied within a reasonable time.
The Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision or as
otherwise provided by law.
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
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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.
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.
KAMN-Mol MIS MR5
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9.29.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part
80. all contracts that meet the definition of "federally assisted construction contract"
in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41
CFR8O-1.4(b).
9.29'2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal
program legislation, all prime construction contracts in excess of $2,000 awarded by
non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144.
and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5. "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). In accordance with the statute, contractors
must be required to pay wages to |ebonena and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of
Labor. In addition, contractors must be required to pay wages not less than once o
week. The COUNTY must place a copy of the current prevailing wage determination
issued by the Department of Labor in each go||u|tobon. The decision to award a
contract or subcontract must be conditioned upon the acceptance of the wage
determination. The COUNTY must report all suspected or reported violations to the
Federal awarding agency. The contractors must also comply with the Copeland
"AnU- Kickback" Act (40 U.S.C. 3145), as supplemented by Department ofLabor
regulations (28 CFR Part 3, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loons or Grants from the United
States"). As m*qu|nsd by the Aot, each contractor or oubnacipient is prohibited from
induoin0, by any rnemno, any person employed in the construction, uonnp|edon, or
repair of public work, to give up any part of the compensation to which he or she is
otherwise entitled. The COUNTY must report all suspected or reported violations to
the Federal awarding agency. In accordance with the Davis-Bacon Aof. the
CONTRACTOR or their subcontractors shall pay workers employed directly upon
the site of the work no less than the locally prevailing wages and fringe benefits paid
on projects of a oinni|or character. The current prevailing wage rates can be found
at under Monroe County.
9.29.3 Contract Work Hours and Safety Standards Act (40 U.G.C. 3701-3708). Where
app|ioobka, all contracts awarded by the COUNTY in excess of $100.000 that
involve the employment ofmechanics or laborers must comply with 40 U.S.C. 3702
and 3704. as supplemented by Department of Labor regulations (29 CFR Part 5).
Under 40 U.S.C. 3702 of the Act, each contractor must compute the m/ogeo of every
mechanic and laborer on the basis of o standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is
compensated at o rate of not |eaa than one and a half times the beo|o rate of pay for
all hours worked in excess of 40 hours in the vvod« week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic rnuoƒ be required to work in surroundings or under working conditions
xvh|oh are unaanitory, hazardous or dangerous. These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the open
mnarhet, or contracts for transportation or transmission of intelligence.
9.29.4 Rights 0n Inventions Made Under m Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the
recipient orsubneojp1ent wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of part|ea, assignment or
performance of experimental, developmental, or research work under that "funding
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9.29.9 Americans with Disabilities Act of 1990 (ADA) The CONSULTANT will comply wi
all the requirements as imposed by the ADA, the regulations of the Federl
government issued thereunder, and the assurance by the CONSULTANT pursua
thereto.
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CONSULTANT and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuawl
to this Agreement.
Bv ,
Date:
By:
Mayor/Chairman
MONROE COUNTY ATTORNEY'S OFFICE
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PATRICIA EABEES
ASSISTANT COLINTY
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ATTACHMENT A
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JOB CLASSI I TI j BURDENED HOURLY RATE
anager j $180.0
Senior Engineer
$165.00
Project Engineer
$130.00
— Engineer -
$105.00
Engineer Intern
$85.00
CAD D Technician
$65.00
Administrative
$40.00
Surveyor/Mapper
$120.00
3 Man Crew (Daily Burdened)
$1000,00
M
4 Man Crew (Daily Burdened)
$1200M
L andscape Architect
$
I - Landscape Designer
$75.00
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ATTACHMENT B
AP PENDICES : • E OF THE FDOT • •
AGREEMENT
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LOCAL AGENCY PROGRAN f FEDERAL-.-UD TFRI IS 375-040
Foi PROFESSfONAL SERVICES CONTRACTS PRgGRAh9 MANAGEM Ot95
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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. specifica lion s. maps, data, and cost records
relating to this Agreement shall also be reserved and held by authorized rep re ntatives 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 w ith Regulations. The Consultant shall comply with the Regulations: rolalive to nondiscrimination in
Federally-assisted programs of the U.S. department of Transportation Tide 49. Code of Federal Regulations. Part
21, as they may be amended from time to time, (hereinafter referred to as the Regulationsl. which are herein
incorporated by reference and made a part of this Agreement,
D. Nondiscrimination: The Consultant, with regard to the •Mork performed during the contract. shall not discriminate
on the basis of rare, color. national origin, sex. age, disability, religion or family status in the selection and retention
of subcontractors, including procurements of matedaI and leases of equipment. The Consuitant shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the can tract covers a program set forth in Appendix B of the Regulations.
Solicitations for Subcontracts, Including Procurements of Materials and Equlpmen1: In all solic illation a made by
the Consultsni. 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 ONigations under this contract and tha 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
nforma tic n, and its facilities as may be determined by the Local Agency, Florida Department of Transportation,
Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, andlor Federal
Motor Carrier Safety Administration to be pertinent to ascertain compliance %ith such Regulations, orders and
in stru ci ion s. Where any information required of the Consultant is in the exclusive possession of another , vho fails or
refuses to famish this information. the Consultant shall so certify to the Local Agency. Florida Department of
Transportation, Federal Highway Administration, Federal Transit Administration. Federal Aviation Administration,
andlor 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 Loral Agency shall impose such contract sanctions as it or the Florida Department
of Transportation, Federal Transit Administration, Federal Aviation Administration. andlor Federal Motor Carver
Safety Administration may determine to be appropriate, including. but not limited to.
t. withholding of payments to the Consultant under tha contract until the Consultant complies andlor
2. cancellation, termination or suspension of the contract, in whole or in part,
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 shad take such action with respect to amy subcontract or
procurement as the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal
Transit Administratlon. Federal Aviation Administration. andlor time Federal Motor Carrier Safety Administration may
direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a Consultant
becomes involvad in, or is threatened with, litigation :Ath 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 19 (42 U.S.C. § 2000d at
seq.. 78 stat. 252). (prohibits discrimination an 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. § 4801), (prohibits unfair treatment
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LOCAL AGENCY PROGRAM FEDER -U -AID TERAIS 375a4M4
For PROFESSIONAL SER' ICES CONTRACTS PROGRAM MANAGEMENT
04116
Page 2 ar 3
Of persons displaced or whose property has been acquired because of Federal ar Federal -aid programs and projects):
Federal -Aid Highway Act of 1973, (23 U.5.C. § 324 at 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 Nta basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 471 23), as
amended, {prohibits discrimination based on race, creed, color, national origin, or sexy: 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. pubic 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 Lo:v- Income Populations. which ensures non - discrimination against minority populations by
discouraging programs, policies. and activities with disproportionately high and adverse human health or environmantal
effects on minority and law- 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 vnth Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 741387 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 at ).
J. Interest of Members of Congress: No member of or delegate to the Congress of the United States .all 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 a Indireci. in this contract or the pro ceeds 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 tav of any State.
L. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following
statement from 49 CFR 26.13 (by. This statements shall be included in all subsequent agreements betaeen the
Consultant and any subconsultant or contractor.
The Consultant, sub recipient or suboonlractor 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 00T- 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 projectf.$) 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 tha 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 iRdtided by the
Consultant in all lower tier covered transactions and in all aforementioned federal reguiation.
Q. 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 a imp] Iad condition in connection with obtaining a
carrying out this contract, to
pay, or agree to pay. to any Firm, person, or organization. any fee, conlribution, 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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LOCAL AGENCY PROGRAlINI FEDERAL.-All) TERAfS 3r
For PROFESSIONAL SERVICES C'oNrR..1CTS PROGRAM MANAGEMENT
04!95
Page 3or3
P. The Consultant hereby certifies that it has not:
1. employed or retained for a commission. percentage, bra keraga. contingent fee, or other consideration. any
firm or person (other than a bona fide amployee working solely for the above contractor) to solicit or sactore
this contract;
2. agreed, as an express or implied condition for obtaining this contract, to employ or retain the senaces of any
firm or person in connection with carrying out this contract; or
I 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 La.•.s. both criminal and civil.
APPENDICES i ■
Revised 0112015
us
m
ATTACHMENT C
Certification for Disclosure • Lobbying Activities • Federal Aid Contracts
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
for Federal Aid Contracts
HE
MM
CERTIFICATION FOR DISCLOSURE • LOBBYING ACTIVITIES
ON FEDERAL-AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
BYFi4y4ywJ 0-so Date: I / Y ljsz _Vu_t_h Signature
Title: Ab(-v—k. y" ' j", - u
W-1
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 37503
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCUREM
INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CIFIR Parts 180 and 1200)
Ye%=e 51re L
ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
Name of Consultant/Contractor:
Title: A 49* L k s_ Ult.. V-P-S** "
Instructions for Certification
Instructions for Certification - Lower Tier Participants:
j,tW- Wj t oa�r— W,
cost $25,000 • more - 2 CFR Parts 180 and 1200)
at By signing and submitting this proposal, the prospective lower tier is providing the certification set out below,
b. 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
may pursue available remedies, including suspension and/or debarment,
alvi.;Iditfu 111tillylule, of �lwxnlarlrj iii-CITueu 110111 participation in MIS covereo iransacTion, uniess autnorizea by Ine riepartment or
agency with which this transaction originated.
f 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 exceeding the
$25,000 threshold.
(https://www.epis.gov/), which is compiled by the General Services Administration,
h. 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 participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
WE
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AS
STATr OF FLORI .
PROCUREMENT
CONFLICT OF INTERESTICONFIDENTIALITY CERTIFICATION OGC-03/17
I certify that I have no present conflict of interest, that I have no kno.vledge of any confl icl of interest that my firm may have. and that I
will recuse my se if 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.
Cons ultantslContractors 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 decisian 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 a lends itself to the appearance of ethical impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation ( "Department ") related to
the procurement of the above referenced ("Project ") that 1 gain access to as a result of my involvement with the Project ( °Procurement
Information'). f understand that Procurement information includes, but is not limited to. documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Project ( "Proposers"). I understand that Procurement Information may
include documents submitted by Proposers related to letters of responselietters of interest, technical proposals, price proposals,
financial proposals, and information shared during exempt meetings. I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers, and mfonnation regarding project cost estimates. I also agree
not to disouss the Project vrith anyone •mho is a member of or acting on behalf of a Proposer.
Uniess so ordered by a court of competent jurisdiction or an apinion of the office of the Florida Attomey General. I will not divulge any
Procurement Information except to individuals who have executed a Conflict of InteresVConfidentiality Certification which has been
approved by the Department ( "Project Personnel'). I understand that a list of Project Personnel mill be maintained by Department. If I
am contacted by any member of the public or the media with a request for Procurement Information. I vnl! promptly forward such
request to the Department's Procurement Office. I will also maintain security and control over all documents containing Procurement
Information which are in my custody.
I agree not to solicit or accept gratuities, unwarranted pri vileges or exemptions, favors, or anything of vatue from any firm under
consideration for an agreement associated with the Project, and I recognize that doing so may be contrary to statutes, ordinances. and
rules governing or applicable to the Department or may otherwise be a violation of the law.
I agree not to engage in bid tampering, pursuant to Section 838.22, Florida Statutes.
I rea that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838.22. Flerida Statutes..
Advert 4 D escript i l
S olicitation .... No
Financial Project umber(s)
Each undersigned individual agrees to the terms of this Conflict of Interest/Confidentiality Certification
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