Item C36Meeting Date: July 15, 2015 Department: Engineering Services Department
Bulk Item: Yes X No Staff Contact /Phone #: Judy Clarke 4329
AGENDA ITEM WORDING: Approval of Amendment 2 to Task Order with Stantec Consultin2
Services, Inc. for Construction Engineering and Inspection (CEI) services for US 1 Bayside Shared Use
Path project in Key Largo.
ITEM BACKGROUND: The task order is being amended to reallocate funds from estimated
expenses for mileage and vehicles to labor expenses and extend completion date of the task order to
August 7, 2015 to provide additional time for contract closeout. This reallocation does not affect the
total maximum not to exceed amount of the task order of $185,512.20. Substantial completion of the
,A--g I uvifxk�- --9NRR-Vf &i
CEI services.
PREYIOUS RELEVANT BOCC ACTION: In February 2015, the BOCC approved Amendment 1
Project Administrator position. In July 2014, the BOCC approved a task order with Stantec Consulting
Services, Inc. for Construction Engineering and Inspection (CEI) services for US 1 Bayside Shared Use
Path project, Key Largo. In January 2014, the BOCC approved the Stantec - On Call Professional
Engineering Services Agreement. In February 2014, the BOCC approved a County Incentive Grant
Program (CIGP) with Florida Department of Transportation (FDOT) to provide $1,053,021 grant
funding for construction and CEI services. At the samBOCC approved negotiating a
contract with Stantec Consulting Services, Inc. for CEI services for US 1 Bayside Shared Use Path
project.
CONTRACT/AGREEMENT CHANGES: Reallocate $8,229.46 from estimated expenses for
mileage and vehicle to labor expenses and extend the expiration date of the Task Order to August 7,
2015.
TOTAL COST:- - - $0 I14DIRECT COST: BUDGETED: Yes No —
11114 4 D1 1 3a 0 r.1W4T"111F,1 a W 110
COST TO COUNTY:— $0 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
4V
APPROVED BY: County Attorn T OMB/Purchasing 2LOJ Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEMJ
Revised 6/15
CONTRACT SUMMARY
Contract with: Stantee Consulting Sery Contract # Task Order Amend 2
Effective I. 7/15/2,115
Expiration Date: 8f7/2015
Contract Purpose/Description:
Reallocate remaining $8,229.46 from estimated expenses for mileageand vehicles to labor
expenses
Extend task order expiration date to August 7, 2015 in consideration of construction contract
time extension.
Contract Manager: Judy Clarke 4329 Zngbwerin #1 k_ 1.
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on Agenda Deadline: �2
7/15/2015
761316TT14T.GWRIrM
Total Dollar Value of Contract: $ 185,512.20 Current Year Portion: $ 18551220
Budgeted? Yes E] No Account Codes: w �36
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $---jyr For:
(Not included in dollar value above) (e.g. maintenance, utilities, janitorial, salaries. etc.)
Ch,Z __ �ges
,
Date In Nee
Department Head 6, Z(-- 2h' � YesEl No
Risk Management Yes[] Noo'
O.M.B./Purchasing �es❑ No[3
I County Attorney
Date Out
G -/,/- &,/s
j S
YesE:]Noo —4�LJ-) LcI+ Llck,L)� U,
AMENDMENT 2 TO TASK ORDER FOR ON CALL PROFESSIONAL
SERVICES BETWEEN MONROE COUNTY
r STANTEC CONSULTING SERVICES, INC.
FOR.
In accordance with the Continuing Contract for On Call Professional Engineering
Services made and entered on the 16th day of January 2014 between Monroe County
hereinafter referred to as the "County" and STANTEC CONSULTING SERVICES, INC.
hereinafter referred to as "Consultant" where Construction Engineering and Inspection
Services are allowed if estimated construction costs do not exceed $2,000,000.
All terms and conditions of the referenced Contract For On Call Professional
Engineering - - apply • the Task Order forOn Professional S- -
Between Monroe County and Stantec Consulting Services, Inc. for US 1 Bayside Shared
Use Path Project, unless the Task Order modifies an Article of the Agreement of which
will be specifically referenced in this Task Order and the modification shall be precisely
described.
• • - • i • - • • • • •
completion date of construction of ff and extending - expiration •a:- of
task order t• August1'
Article VII, Paragraph 7.1 is amended as follows: The Consultant and County agree
to reallocate the remaining funds of $8,229.46 for mileage and vehicle expenses to labor
expenses paid to the CONSULTANT.
The total not to exceed amount of one hundred eighty five thousand five hundred twelve
dollars and twenty cents ($185,512.20) of the original task order remains in effect.
Task Order Amendment 2 - US I Shared Use Path
Stantec Consulting Services, Inc.
July 15, 2015
Page I of 2
�y its duly authorized representative.
Consultant
Stantec Consultinq Se-kices. IM
7
Si g
4>/
r
AIAW L L, —
Title
(SEAL)
Attest: Amy Heavilin, Clark
I of -Tom ,%*I M-2
[Oro
- &1;U) - -- - - ��15
Data atur Date
m-
MONROE CC)U,. " ,-,TTORNEY
CHFIISTI
ASSIISTM"-�cc�,, —OR"ily
Dale
Stantec Consulting Setvices, Ijjc.
July 15,2015
Page 2 of 2
AMENDMENT♦ TASK ORDER FORON • •
SERVICES BETWEEN MONROE COUNTYAND STANTEC CONSULTING
SERVICES, INC.
SAYSIDE SHARED USE PATH PROJECT
nereinarter
• r • •• • - • •• • •
costs r• not exceed 111 14
All terms and conditions of the referenced Contract For On Call Profession
Engineering Services apply to the Task Order, unless the Task Order modifies an Artic
of the Agreement of which will be specifically referenced in this Task Order and t
modification shall be precisely described.
nt to Article 6.1, the CONSULTANT shall notify the COUNTY of a change of
personnel. ! • • r: •nnel (at the request of •
• with no change to the hourly- for •- •r and Senior Engineer
•follows:
a,
• -
Peter McRae, PE
VIEa •
1
Pursuant to Article 7.1.1, the COUNTY shall pay the CONSULTANT for the added C
Project Administrator function at the following hourly rate: i
Function Effective Date•'
CEI Proiect Administrator • h 1 1.
The total not to exceed amount of one hundred eighty five thousand five hundred twelve
dollars and twenty cents (1 5,512.20) of the original task order remains in effect.
Task Order Amendment 1 - US Shared Use Path
Stantec Consulting Services, Inc.
February 19, 2015
Page I of 2
IN WITNESS WHEREOF, each party caused the Amended Task Order to ve execurem
ly its duly authorized representative.
Consultant
At-q,jttQr. Cocs.04p Swijcas- L-tc-
/-a
Z�7
S!j(n06P!(
7-
ft au PAL-
By.
Deputy Clerk
Date:
;ZJy-h4-L�r.i�--I- I
—D-aTe ji g n &,t �hDate
by:
Mayor &O—Mia
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
bI TORNEY
Date
Task Order Annendmem I - US I Shared Use Path
Stantec Consulting Services, Inc.
February 18, 2015
Page 2 of 2
TASK ORDER FOR ON '• •
MONROE COUNTY1 STANTEC CONSULTING SERVICES,
•
SHARED PROJECT
In accordance with the Continuing Contract for On Call Professional Engineering
Services made and entered on the 16th day of January 2014 between Monroe County
hereinafter referred
_ _.-r •as the • _ •STANTEC CONSULTING SERVICES,
hereinafter referred to as "Consultant" where professional services are allowed if
construction costs•• not exceed 0 11'1
All terms and conditions of the referenced Contract For On Call Professional
Engineering Services apply to the Task Order, unless the Task Order modifies an Article
of the Agreement of which will be specifically referenced in this Task Order and the
modification shall be precisely described.
This Task Order is effective on Day of i
Article 11 Scope of Basic Services, Paragraph 2.1.1 is amended as follows:
The scope of services for USI Bayside Shared Use Path Project will include
construction engineering r inspection (CEI) servicesfor construction of f
path on the right of way U.S. 1 in Key Largo. Details of the scope of services are
included in Exhibit-r to this task order.
contractArticle VII, Paragraph 7.1 is amended to include the following:
The Consultant shall be paid monthly based on hourly rates per the continuing services
i estimated staff hours• •
"- • -a r -Total
Hours
Senior•- • • 14 Il • 4 10Estimated Expenses: Mileage and Vehicle — W944.20
total o to exceed amount of one r -• eighty - thousand five hundred-I
dollars and twenly cents ($185,512.20) will apply.
Article IX Miscellaneous, Paragraph 9.21 is amended to add the following:
Pursuant a F.S, 119.0701, and • • •rs shall comply with all publi
records laws of - State of • •.: including but • -• to:
(a) Keep and maintain public records that ordinarily and necessarily would be require
by Monroe County in order to perform the service.
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July 16, 2014
Page 1 of 17
(b) Provide the public with access to public records on the terms and conditions th'a
eliNuT
A rt
(d) Meet all requirements for retaining public records and transfer, at no cost, to
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.
*,aragraph 9.29 Federal Highway Administration Requirements do not apply to this
Troject.
IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly
authorized representative.
Consultant
Sta-ttec Consulting Services, 11
Sign
PKwe-1,(0AL-
Title
(SEAL)
Attest-, Amy Heavilin, Clerk
By:
Deputy Clerk
& Z4��
Date bignature' Date
Loin kTAL4101 041:&W-00101•
by:
Mayor/Chairman
MONROE COUNTY ATTORN --'y
TO F()n
I' R 0 V E 0 TO F( IJ
Date:
all,
W SEL
k4 �L,1'tTORNEY'�.
Date
US I Shared Use Path
Stantec Consulting Services, Inc.
July 16, 2014
Page 2 of 17
1411117W1
The US 1 Bayside Shared Use Path Project consists of construction of a 10'wide
paved shared use path on the bayside right of way of US 1 from approximately
MM 100 to MM 106 in Key Largo, Florida. The construction scope of work
includes clearing and grubbing vegetation, trimming and relocating trees as
needed, construction of a 10' wide asphalt path, installation of required pavement
markings, signage and stormwater structures and construction of a gravity wall in
one area. The scope includes placing sod to restore the right of way and
incidental work such as replacing guardrails and mailboxes, installing bicycle
railing and performing driveway maintenance, and all other work shown on the
plans and described in the contract documents. The Consultant shall provide
Construction Engineering and Inspection Services for the US I Bayside
Shared Use Path Project.
The Consultant shall exercise their independent professional judgment in
performing their obligations and responsibilities under this Task Order. Pursuant
to Section 4.1.4 of the FDOT's Construction Project Administration Manual
(CPAM), the authority of the Consultant's lead person, such as the Senior Project
Engineer, and the Consultant's Project Administrator shall be identical to the
&2x
be interpreted as such.
Services provided by the Consultant shall comply with FDOT manuals,
procedures, and memorandums in effect as of the date of execution of the Task
Order unless otherwise directed in writing by the County.
On a sin�slle Cxonstruction Contract it is a conflict of interest for a 'crofessional firm
to receive compensation from both the County and the Contractor either directly
or indirectly.
The Consultant shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the
Consultant during the term of the Contract and shall expressly require any
s0ictinsvItaints ;FaKitrming wirk tr;tr4Yi4in% servicas xivrsyant t:* the- C46tract tk
likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the subconsultant
during the Contract term.
The Consultant Senior Project Engineer will track the execution of the
Construction Contract such that the Consultant is given timely authorization to
begin work. While no personnel shall be assigned until written notification by the
County has been issued, the Consultant shall be ready to assign personnel
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July 16, 2014
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within two weeks of notification. For the duration of the project, the Consultant
shall coordinate closely with the County and Contractor to minimize rescheduling
of Consultant activities due to construction delays or changes in scheduling of
Co-t�tractor actives.
For estimating purposes, the Consultant will be allowed an accumulation of thirty
working days to perform preliminary administrative services prior to the issuance
of the Contractor's notice to proceed and thirty calendar days to demobilize after
final acceptance of the Construction Contract.
Construction Contract Estimate
Bid Date Start Date Duration
June 17, 2014 August 4, 2014 270 days
A. Eesident En-ginee : The Engineer assigned to a particular Project or are,?
to administer Construction Contracts for the County.
B. Construction Project Manager: The County employee assigned to
manage the Construction Engineering and Inspection Contract and
represent the County during the performance of the services covered
under this Agreement.
C, Engineer of Record: The Engineer noted on the Construction plans as thiz.
responsible person for the design and preparation of the plans.
D. Consultant: The Consulting firm under contract to the County for
administration of Construction Engineering and Inspection services.
E. A-greement: The Professional Services Agreement between the County
and the Consultant setting forth the obligations of the parties thereto,
including but not limited to the performance of the work, furnishing of
services, • the basis of payment.
Consultant Senior Proiect Engineer: The Engineer assigned by the
Consultant to be in charge of providing Construction Contract
administration for one or more Construction Projects. This person may
supervise other Consultant employees and act as the lead Engineer for
the •
G. Consultant Promect Administrator. The employee assigned by the
Consultant to be in • of providing Construction •
administration services one or more Construction Projects.
H. Contractor: The individual, firm, or company contracting with the County
for performance of work or furnishing of materials.
Construction • The written agreement between the County and
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I
but not limited to the performance of the work, furnishing of labor and
materials, and the basis of payment.
CA: Florida Department of Transportation, Construction Project
Administration manual; latest.
Department: Florida Department of Transportation
F.D.O.T.: Florida Department of Transportation.
County: Monroe County Board of County Commissioners.
4.0 REQUIREMENTS:
4.1 General:
It shall be the responsibility of the Consultant to administer, monitor, and
inspect the Construction Contract such that the project is constructed in
reasonable conformity with the plans, specifications, and special
provisions for the Construction Contract.
The Consultant shall observe the Contractor's work to determine 0-9
'I
progress and quality of work, identify discrepancies, report significa
discrepancies to the County, and direct the Contractor to correct su
observed discrepancies.
The Consultant is hereby designated by the County to negotWm-
Supplemental Agreements. However, the Consultant must seek inp
from the Construction Project Manager. The Consultant shall prepare t
Supplemental Agreement as a recommendation to the County, which t
County may accept, modify or reject upon review. The Consultant sh
consult with the Construction Project Manager, as it deems necessa
and shall direct all issues, which exceed its delegated authority to t
Construction Project Manager for County action or direction.
The Consultant shall advise the Construction Project Manager of arl
significant omissions, substitutions, defects, and deficiencies noted in ti
work of the Contractor and the corrective action that has been directed
be performed by the Contractor. Work provided by the Consultant sh
not relieve the Contractor of responsibility for the satisfacto
performance of the Construction Contract. �1
4.2 Survey Control:
The Consultant shall check or establish
along with sufficient baseline control
the survey control baseline(s)
points and bench marks at
order to: (1) make and record
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such measurements as are necessary to calculate and document
quantities for pay items; (2) make and record pre -construction and final
cross section surveys of the project site in those areas where earthwork
(i.e., embankment, excavation, subsoil excavation, etc.) is part of the
construction project; and (3) perform incidental engineering surveys. The
sX,&;vft sur- 6�mTm?n��f 4,?
each project prior to construction.
Any questions or requests for "Waiver of Survey" should be directed to
the Senior Project Engineer.
4.3 On -site inspection:
The Consultant shall monitor the Contractors on -site constructi
activities and inspect materials entering into the work in accordance wi
i
the plans, specifications, and special provisions for the •
Contract to determine that the projects are constructed in reasonab
conformity with such documents. The County will monitor all off-sli
activities and fabrication. The Consultant shall keep detailed accura -
3
records • the Contractor's •_ operations and • • evi
aYect tVe-=
Consultant shall be responsible for monitoring and inspection]
Contractor's Work Zone traffic control plan and review of modifications
ihe Work Zone Traffic Control Plan, including alternate Work Zone Traff Control Plan, in accordance with F.D.O.T. procedures. Consulta
F.D.O.T. department procedure.
4.4 Sampling and Testing:
The • shall perform sampling and testing • compone
materials and completed work in accordance with the Constructi
Contract documents. The minimum sampling frequencies set out in t
Department's Materials Sampling, Testing and Reporting Guide shall
met. In complying with the aforementioned guide, the Consultant sh
provide daily surveillance of the Contractor's Quality Control activities
the project site and perform the sampling and testing of materials a
completed work items that are normally done in the vicinity of the projeli
for verification and acceptance. I
the basis of either test results or verification of a certification, certified
analysis, DOT label, DOT stamp, etc. I
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Documentation reports on sampling and testing shall be submitted to
responsible parties during the same week that the construction work is
done.
If required, the Consultant will transport samples to be tested in a
Department laboratory to the appropriate laboratory or appropriate local
FDOT facility.
The Consultant will review and approve contractor samples in FDOT's
LIMS system.
The Consultant will input verification testing information and data into the
Department's LIMS system database using written instructions provided
by the Department.
4.5 Engineering Services:
construction project. Notwithstanding the above, the Consultant is not
liable to the County for failure of such parties to follow written direction
issued by the Consultant.
Services include maintaining the required level of surveillance of
Contractor activities, interpreting plans, specifications, and special
provisions for the Construction Contract, maintaining complete, accurate
records of all activities and events relating to the project, and properly
documenting all significant project changes. The Consultant will also
provide coordination with Florida Department of Transportation (FDOT)
contractors who may be working on the US 1 right of way within the limits
of the Project. The Consultant shall perform the following services:
(1) Schedule and attend, wn ten days after the Notice to Proceed,
a pre -construction conference for the project in accordance with
County and FDOT procedures. The Consultant shall provide
appropriate staff to attend and participate in the pre -construction
meeting.
(2) The Consultant shall record a complete and concise record of the
proceedings of the pre -construction meeting and distribute copies
of this summary to the participants and other interested parties
within seven days.
(3) Analyze the Contractor's schedule(s) (i.e. baseline(s), revised
baseline(s), updates, as -built, etc.) for compliance with the
contract documents. Elements including, but not limited to,
completeness, logic, durations, activity, flow, milestone dates,
concurrency, resource allotment, and delays will be reviewed.
Verify the schedule conforms with the construction phasing and
MOT sequences, including all contract modifications. Provide a
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written review of the schedule identifying significant omissions,
improbable or unreasonable activity durations, errors in logic, anii
any other concerns as detailed in CPAM.
14) Verify that the Contractor is conducting inspections, preparing
reports and monitoring all storm water pollution prevention
measures associated with the project.
(5) Analyze problems that arise on a project and proposals submitted
by the Contractor, endeavor to resolve such issues, and process
the necessary paperwork.
(6) Produce reports, verify quantity calculations, field measure fa
payment purposes as needed to prevent delays in Contract
operations and ensure prompt processing of such information
order for the County to make timely payment to the Contractor. .
(7) Provide Public Information services as required to manacm-
inquiries from the public, public officials, and the news medi
Prepare newsletters for distribution to adjacent property owner
The County Construction Project Manager shall approve
notices, brochures, responses to news media, etc., prior
release. I
RES
(9) Schedule and conduct a meeting with the County Engineerinne
Office at least 45 calendar days prior to project final acceptan I
c
The purpose of this meeting is to discuss the requir
documentation, including as-builts, necessary to close out t
permit(s).
(10) Video tape the pre -construction conditions throughout the project
limits. Provide a digital photo log or video of project activities, with
heavy emphasis on potential claim items/issues and on areas of
real/potential public controversy.
(11) The Consultant shall have a digital camera for photographic
documentation of noteworthy incidents or events to cover the
following areas:
(a). Pre -construction photographs
(b). Normal and exceptional progress of work
(c). Critical path activities
(d). Accidents showing damage
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(e). Unsafe working conditions
(f). Unusual construction techniques
(g). Damaged equipment or materials
N). Anv activitv. which mav result in claima
These photographs will be filed and maintained on the
Consultant's computer. Copies of photographs will be
electronically transferred to the County at an interval determined
by the Senior Project Engineer and the Construction Project
Manager.
-1 he taking of the photographs Snuffb-Ng-M-Yne aNT
of construction and continue regularly throughout this project.
Photographs shall be taken the days of Conditional, Partial and/or
Final Acceptance.
(12) Monitor each Contractor and Subcontractor's compliance wi
specifications and special provisions of the Construction Contra
in regard to payment of predetermined wage rates in accordan
with FDOT procedures.
(13) Provide a Resident Compliance Specialist for surveillance of the
Contractor's compliance with Construction Contract requirements.
The Resident Compliance Specialist is responsible for reviewing,
monitoring, evaluating and acting upon documentation required for
Construction Contract compliance, and maintaining the
appropriate files thereof. Typical areas of compliance
responsibility include EEO Affirmative Actions for the prime
contractor and subcontractor, DBE Affirmative Action, Contractor
Formal Training, Payroll, and Subcontracts. The Resident
Compliance Specialist must keep all related documents and
correspondence accurate and up to date; attend all compliance
reviews and furnish the complete project files for review; and
assist the District Contract Compliance Manager as requested.
114) As needed, prepare and make presentation before the Dispum
Review Boards in connection with the project covered by th
Agreement i
A. The County, on as needed basis, will furnish the following Construction
Contract documents for this project. These documents may be provided
in either paper or electronic format.
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1 Construction Documents (drawings, specifications)
2 Special Provisions
3 Copy of the executed Construction Contract.
6.1 County Documents:
All applicable documents referenced herein shall be a condition of this
Agreement.
62 Vehicles:
6.3 field Equipment:
The Consultant shall supply survey, inspection and testing equipment,
essential in order to carry out the work under this Agreement. Such
equipment includes those non -consumable and non -expendable items,
which are normally needed for a CEI project and are essential in order
to carry out the work under this Agreement.
• hats shall have the name of the consulting firm visibly displayed,
Equipment described herein and expendable materials under this
Agreement will remain the property ♦ the • and shall be
removed at completion of the work.
The Consultant's handling of nuclear density gauges shall be in
compliance with their license.
The Consultant shall retain responsibility for risk of loss or damage to
said equipment during performance of this Agreement. Field office
eauilg3ment shall be maintained and in operational condition at all times.
6.4 Licensing for Equipment Operations:
The Consultant will be responsible for obtaining proper licenses fm
equipment and personnel operating equipment when licenses a
required. The Consultant shall make the license and supporti
documents available to the County, for verification, upon request.
Radioactive Materials License for use of Surface Moisture Density
Gauges shall be obtained through the State of Florida Department •'..
Healft.
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The Consultant shall keep the Construction Project Manager informed of all
significant activities, decisions, correspondence, reports, and other
communications related to its responsibilities under this Agreement, and seek
Manager to oversee the Consultant's performance.
Agreement administrative duties relating to Invoice Approval Requests,
Personnel Approval Requests, User ID Requests, Time Extension Requests, and
Amendment and Supplemental Amendment Requests shall be reviewed and
approved by the Construction Project Manager.
8.0 PERSONNEL:
8.1 General Requirements:
The Consultant shall staff the project with the qualified personnel
necessary to efficiently and effectively carry out its responsibilities under
this Agreement. Not all positions listed below may be required; however,
for the task.
Unless otherwise agreed by the County, the County will not compensa4m-
straight overtime or premium overtime for the positions of Senior Proje
Engineer, Project Administrator, Contract Support Specialist, a
Associate Contract Support Specialist.
The Consultant shall utilize only competent personnel, qualified by
experience, and education. The Consultant shall submit in writing to the
Construction Project Manager the names of personnel proposed for
assignment to the project, including a detailed resume for each containing
at a minimum salary, education, and experience. The Consultant Action
Request form for personnel approval shall be submitted to the
Construction Project Manager at least two weeks prior to the date an
individual is to report to work.
Personnel identified in the Consultant technical proposal are to be
assigned as proposed and are committed to performing services under
this Agreement. Personnel changes will require written approval from
County. Previously approved staff, whose performance is unsatisfactory,
shall be replaced by the Consultant within one week of County
Totificatio-ii.
Before the project begins, all project staff shall have a working knowleda
if the current CPAM and must possess all the necessaa
!gualifications/certifications for obtaining the duties of the position thdT
hold. Cross training of the Consultant's project staff is highl
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ieam but shall not be at any additional cost to the County and should
occur as workload permits. Visit the training page on the State
Construction Office website for training dates.
Minimum qualifications for the Consultant personnel are set forth as
follows. Exceptions to these minimum qualifications will be considered on
an individual basis. The County Engineer or designee will have the final
approval authority.
CEI SENIOR PROJECT ENGINEER - A Civil Engineer degree and be
registered in the State of Florida as a Professional Engineer (or if
registered in another state, the ability to obtain registration in the State of
Florida within six months) and six years of engineering experience (two
years of which are in major road and bridge construction), or for non-
degreed personnel the aforementioned registration and ten years of
engineering experience (two years of which are in major road or bridge
construction). Qualifications include the ability to communicate effectively
in English (verbally and in writing); direct highly complex and specialized
construction engineering administration and inspection program; plans
and organizes the work of subordinate and staff members; develops
and/or reviews policies, methods, practices, and procedures; and reviews
programs for conformance with County standards. Also must have the
following:
Qualification:
FDOT Advanced MOT
Pass the CTQP examination covering the training video "Grouting of
Bridge Post -tensioning Tendons" (if applicable)
Attend the CTQP Quality Control Manager course and pass the
eya.114stion.
A Master's Degree in Engineering may be substituted for one (1) year
engineering experience.
CEI PROJECT ADMINISTRATOR -A Civil Engineering degree plus two
(2) years of engineering experience in construction of major road or
bridge structures, or eight (8) years of responsible and related
engineering experience, two (2) years of which involved construction of
major road and bridge structures.
Receives general instructions regarding assignments and is expected to
exercise initiative and independent judgment in the solution of work
problems. Directs and assigns specific tasks to inspectors and assists in
all phases of the construction project. Will be responsible for the progress
and final estimates throughout the construction project duration. Must
have the following:
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gualifications: FDOT Intermediate MOT Pass the CTQP examination
covering the training video "Grouting of Bridge Post -tensioning Tendons"
(If applicable) CTOP Final Estimates Level 11
Certifications: None
Other: Attend CTQP Quality Control Manager Course and pass the
examination.
A Master's Degree in Engineering may be substituted for one (1) year of
engineering experience
CEI CONTRACT SUPPORT SPECIALIST - A Civil Engineering Degree
or High School diploma or equivalent and four years of road & bridge
construction engineering inspection (CEI) experience having
performed/assisted in project related duties (i.e., progress and final
estimates, EEO compliance, processing Construction Contract changes,
etc.) or a Civil Engineering degree. Should exercise independent
to the office aspects of the project. Should be familiar with the County's
Procedures covering the project related duties as stated above and be
proficient in the computer programs necessary to perform these duties.
Shall become trained in CTQP Final Estimates Level 11 course and
maintain a current qualification.
CEI SENIOR INSPECTOR/ CEI SENIOR ENGINEER INTERN — High
school graduate or equivalent plus four years of experience in
construction inspection, two years of which shall have been in bridge
and/or roadway construction inspection.
LZBE��=
Ilualifications:
CTQP Concrete Field Inspector Level I
CTQP Concrete Transportation Construction Inspector (CTCI) Level 11 (all
bridges) CTQP Asphalt Roadway Level I (If applicable)
CTQP Asphalt Roadway Level 11 (if applicable)
CTQP Earthwork Construction Inspection Level I
CTQP Earthwork Construction Inspection Level 11
CTQP Pile Driving Inspection (if applicable) CTQP Drilled Shaft
Inspection (If applicable)
CTQP Grouting Technician Level I (If applicable)
CTQP Post -Tensioning Technician Level I (if applicable)
FDOT Intermediate MOT
CTQP Final Estimates Level I
Certifications:
Nuclear Radiation
Safety
Or a Civil Engineering degree and one year of road & bridge CI
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experience with the ability to earn additional required qualifications within
one year. (Note: Senior Engineer Intern classification requires one year
experience as an Engineer Intern.)
Responsible for performing highly complex technical assignments in field
surveying and construction layout, making, and checking engineering
computations, inspecting construction work, and conducting field tests
and is responsible for coordinating and managing the lower level
inspectors. Work is performed under the general supervision of the
Project Administrator.
8.3 Staffina:
#nce authorized, the Consultant shall establish and maintain CM
_-ppropriate staff through the duration of construction and completion of
the final estimate, Responsible personnel, thoroughly familiar with all
asX&6ts-if Ce'Ks !tf iuwkAOJU�-, A'2�*twnz-'
shall be available to resolve disputed final pay quantities until the
appropriate Construction Contract has been paid off.
Construction engineering and inspection forces will be required of tHn
Consultant at all times while the Contractor is working. If Contract•
operations are substantially reduced or suspended, the Consultant
reduce its staff appropriately.
In the event that the suspension of Contractor operations requires the
removal of Consultant forces from the project, the Consultant will be
iTrun to denobilize. relocate. or terminate suQh
9.0 QUALITY ASSURANCE (CIA) PROGRAM:
9.1 Quality Reviews:
The Consultant shall conduct semi-annual reviews to make certain his
own organization is in compliance with the requirements cited in the
Scope of Services. Quality Reviews shall be conducted to evaluate the
adequacy of materials, processes, documentation, procedures, training,
guidance, and staffing included in the execution of this Agreement.
Quality Reviews shall also be developed and performed to achieve
compliance with specific OA provisions contained in this Agreement. The
semi-annual reviews shall be submitted to the Construction Project
Manager in written form no later than one month after the review.
.#,n short duration CCEI projects (nine months or less), the CCEI shav
perform an initial QA review within the first two months of the start
construction. I
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OF
Within thirty days after receiving award of an Agreement, the Consultant
shall furnish a QA Plan to the Construction Project Manager. The QA
Plan shall detail the procedures, evaluation criteria, and instructions of the
Consultant's organization to assure conformance with the Agreement.
Unless specifically waived, no payment shall be made until the County
approves the Consultant QA Plan.
Significant changes to the work requirements may require the Consultant
to revise the QA Plan. It shall be the responsibility of the Consultant to
keep the plan current with the work requirements. The Plan shall include,
but not be limited to, the following areas:
A. Organization:
A description is required of the Consultant QA Organization and
its functional relationship to the part of the organization performing
the work under the Agreement. The authority, responsibilities and
autonomy of the QA organization shall be detailed as well as the
names and qualifications of personnel in the quality control
organization.
B. Quality Reviews:
The Consultant QA shall detail the methods used to monitor and
services and products.
C. Quality Records:
The Consultant will outline the types • records, which will •_
generated and maintained during the execution of his QA
program.
D. Control of Sub -consultants and Vendors:
The Consultant will detail the methods used to control sub -
consultants and vendor •
E. Quality Assurance Certification:
An • • the Consultant firm shall certify that the inspection
and documentation was done in accordance with FDOT
specifications, plans, standard indexes, and • procedures.
9.3 Quality Records:
The Consultant shall maintain adequate records of the quality assurance
actions performed by his organization (including subcontractors and
vendors) in providing services and products under this Agreement. All
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July 16, 2014
Page 15 of 17
records shall indicate the nature and number of observations made, the
number and type of deficiencies found, and the corrective actions taken.
1-hese records shall be available to the County, upon request, during the
Agreement term. All records shall be kept at the primary job site and shall
be subject to audit review.
10.0 CERTIFICATION OF FINAL ESTIMATES:
10.1 Final Estimate and As -Built Plans Submittal:
Prepare documentation and records in compliance with the Agreement,
Consultant's approved QC Plan and the County's Procedures.
Submit the Final Estimate(s) and three sets of final as built plans
documenting Contractor's work (one record set with two copies) as
follows:
(b) Where all items of work are complete and
conditionallpartial acceptance is utilized (Lighting, Plant
establishment, etc.) for a period exceeding thirty calendar
days, the final estimate(s) will be due on the thirtieth (30th)
day after conditional/partial acceptance. A memorandum
with documentation will be transmitted to the Director oll
Engineering Services at final acceptance detailing any
necessary revisions to the pay items covered under the
conditionallpartial acceptance.
The Consultant shall be responsible for making any revisions to t
Certified Final Estimate. i
10.2 Certification:
Consultant personnel preparing the Certified Final Estimate Packag(;
shall be CTOP Final Estimates Level 11 qualified.
Duly authorized representative of the Consultant firm will provide
notarized certification on a form pursuant to Department procedures.
11.0 SUBCONSULTANT SERVICES:
Upon written approval by the Construction Project Manager and the County, and
prior to performance of work, the Consultant may subcontract for engineerin,-'r
surveys, materials testing, or specialized professional services.
12.0 OTHER SERVICES:
Upon written authorization by the Director of Engineering Services or designee,
I JS I Shared Use Path
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July 16, 2014
Page 16 of 17
the Consultant will perform additional services in connection with the project nol.
otherwise identified in this Agreement. The following items are not included as
part of this Agreement, but may be required by the County to supplement
Consultant services under this Agreement.
A. Assist in preparing for arbitration hearings or litigation that occurs durinii
the Agreement time in connection with the construction project coverei�
by this Agreement.
B. Provide qualified engineering witnesses and exhibits for any litigation or
hearings in connection with the Agreement.
C. Provide on- and off -site inspection services in addition to those provided
for in this Agreement.
13.0 POST CONSTRUCTION CLAIMS REVIEW:
In the event the Contractor submits a claim for additional compensation and/or
time after the Consultant has completed this Agreement, the Consultant shall, at
the written request from the County, analyze the claim, engage in negotiations
leading to settlement of the claim, and prepare and process the required
documentation to close out the claim. Compensation for such services will be
negotiated and effected through a Supplement to this Agreement.
P r
of the Scope of Services shall apply.
It is specifically agreed between the parties executing this Agreement that it is
not intended by any of the provisions of any part of the Agreement to create in
the public or any member thereof, a third party beneficiary hereunder, or to
authorize anyone not a party to this Agreement to maintain a claim, cause of
action, lien or any other damages or any relief of any kind pursuant to the terms
or provisions of this Agreement.
The County shall be the final authority in considering contract modification of the
Contractor for time, money or any other consideration except matters agreed to
by the Contractor through contract changes negotiated by the Consultant, as
authorized in Section 4.1 herein.
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A`_This Agreement ("Agreement") made and entered into this �---'--'of J�M
20 Iqbvand
between Monroe County, m political subdivision of the State of Florida, vvh4Am
address is 1100 Simonton Stnaet, Nev VVest, Florida, 33040. be successors and assigns.
hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners
on
Stantec Consulting Services Inc., a Corporation of the State of New York, whose
corporate address is 61 Commercial Street, Rochester, NY 14614 and whose office location for
work performed is 901 Ponce de Leon Boulevard, Suite 900, Coral Gables, Florida 33134 its
successors and assigns, hereinafter referred to as "CONSULTANT",
VV|TNEG8ETH:
WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTART
for various County Projects located in Monroe County, Florida and
MHEREAS, CONSULTANT has a1e�recl to %rovide%rofessional services for miscellaneous LL!;�ects
in which construction costs do not exceed $2,000,000.00
The professional services required by this Contract will be for services in the form of a continuing
contract, commencing the effective date of this agreement and ending four years thereafter, with
options for the County to renew for one additional 1 year period.
Specific services will be performed pursuant to individual task orders issued by the COUNTY and
agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule,
charges and payment conditions, and additional terms and conditions that are applicable to such
Task Orders.
Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's
written authorization to CONSULTANT to proceed with the services described in the Task Order.
The terms and conditions of this Agreement shall apply to each Task Order, except to the extent
expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of
this Agreement to be modified will be specifically referenced in the Task Order and the modification
shall be precisely described.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
Ev".4trAirmw
KIIIIIIIIIIIIIIIIII1,24;J N *Ii 42 111-IffeliT, RX-M,
By executing this Agreement, CONSULTANT makes the following express representations and
warranties to the COUNTY:
1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties
hereunder have been fully satisfied;
1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under
which the Work is to be completed.
1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but
not limited to, all contract plans and specifications, in such a manner that they shall be in
conformity and comply with all applicable law, codes and regulations. The CONSULTANT
warrants that the documents prepared as a part of this Contract will be adequate and
sufficient to accomplish the purposes of the Project, therefore, eliminating any additional
construction cost due to missing or incorrect design elements in the contract documents;
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to
his performance and those directly under his employ.
1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules
and regulations pertaining to, or regulating the provisions of such services, including those
now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board
to terminate this contract immediately upon delivery of written notice of termination to the
CONSULTANT.
1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independen)
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the
CONSULTANT or any of his/her employees, contractors, servants, or agents to be
employees of the Board of County Commissioners for Monroe County.
1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
in its recruiting, hiring, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
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6*416j; j = 11012:1-1, t .1191 w4wq � P
The CONSULTANT will perform for the COUNTY services as described in individual Task Orders
in accordance with the requirements outlined in the Agreement and the specific Task Order.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions,
deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement shall
be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail,
return receipt requested, to the following:
ITIs. Judith Clarke, P.E.
Director of Engineering Services
Monroe County
1101 imoA10.1 QW,
2 renre Pownsism to
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
MEOW I
LOME On. A IM 2 Mrs RVINCI
ARTICLE III
3.1 Additional services are services not included in the Scope of Basic Services. Should the
COUNTY require additional services they shall be paid for by the COUNTY at rates or fees
negotiated at the time when services are required, but only if approved by the COUNTY
before commencement.
3.2 If Additional Services are required the COUNTY shall issue a letter requesting and
describing the requested services to the CONSULTANT. The CONSULTANT shall
respond with a fee proposal to perform the requested services. Only after receiving an
amendment to the Agreement and a notice to proceed from the COUNTY, shall the
CONSULTANT proceed with the Additional Services.
III R] R
The COUNTY shall provide full information regarding requirements for the Project including
physical location of work, county maintained roads, maps.
,�.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
to the Project. The COUNTY or its representative shall render decisions in a timely manner
pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable
delay in the orderly and sequential progress of the CONSULTANT'S services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have been
duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTART 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.
111 11111 11 !111 1 111 101:111111111 11111111111 illigpi 11!11111111 ��Ii 11111 milli
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 T
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless
COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers
and employees from liabilities, damages, losses and costs, including but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons
employed or utilized by the CONSULTANT in the performance of the contract.
5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for thA
indemnification provided for above. The extent of liability is in no way limited to, reduced,
or lessened by the insurance requirements contained elsewhere within this agreement.
Should any claims be asserted against the COUNTY by virtue of any deficiency or
ambiguity in the plans and specifications provided by the CONSULTANT, the
CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall
indemnify him from all losses occurring thereby and shall furthur defend any claim or
action on the COUNTY'S behalf.
5.3 In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONSULTANT'S failure to purchase or maintain the required
insurance, the CONSULTANT shall indemnify COUNTY from any and all increased
expenses resulting from such delays. Should any claims be asserted against COUNTY by
virtue of any deficiencies or ambiguity in the plans and specifications provide by the
CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the
COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further
defend any claims or action on the COUNTY'S behalf.
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.5 This indemnification shall survive the expiration or early termination of the Agreement.
ARTICLE VI
PERSONNEL
•ill iiIIII
Of. -9
pivlieui. NE MR, 71MR'l 7070*111 IM R! L, Me P'a[UeS WILIUA�ULVJ
individuals will perform those functions as indicated:
1 Y-11 IT, P
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9t:^P'J co M per, 0
T-OK � AL&TTE-
FUNCTION
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CONST, P"Ywr MrJaM
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.
W-1113 I
4 k' REN 1191 ki
I
6 1 4'k' 11 Will 6
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
iir
Al:
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth
herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to th4
Local Government Prompt Payment Act 218.70, Florida Statutes.
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward
or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice
shall describe with reasonable particularity the service rendered. The
CONSULTANT'S invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought at the COUNTY may require.
7.3 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of
the project:
a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses
in connection with travel authorized by the COUNTY, in writing, but only to the extent
and in the amounts authorized by Section 112.061, Florida Statutes;
b. Cost of reproducing maps or drawings or other materials used in performing the scope
of services;
MoM
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 I - 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.
A .
110RIBUTTIM
insurance at all times that this Agreement is in effect. In the event the completion of the
project (to include the work of others) is delayed or suspended as a result of the
CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting
from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI
or better, that is licensed to business in the State of Florida and that has an agent for
service of process within the State of Florida. The coverage shall contain an endorsement
providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage.
Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a
form acceptable to the COUNTY.
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000
Disease, policy limits, $1,000,000 Disease each employee.
0. Comprehensive business automobile and vehicle liability insurance covering claims for
injuries to members of the public and/or damages to property of others arising from use
of motor vehicles, including onsite and offsite operations, and owned, hired or non -
owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One
Million Dollars ($1,000,000.00) annual aggregate.
D. Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONSULTANT or any of its employees, agents or
subcontractors or subconsultants, including Premises and/or Operations, Products and
Completed Operations, Independent Contractors; Broad Form Property Damage and a
Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per
occurrence and annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
ihe effective date of this contract. In addition, the period for which claims may be
reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence
and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims
made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover
claims made after completion of the project to cover the statutory time limits in Chapter
95 of Vie FloridiR St2tutes.
�IK1031111r--Rs r-111gli
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
•' during the term • this Agreement. • will not pay for increased limits
• insurance for subconsultants.
• shall provide to the COUNTY certificates • insurance or a copy of all
insurance •# including those naming the COUNTY as an additional insured. The
COUNTY reserves the right to require a certified copy of such policies upon request.
If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will
be required. In addition, the CONSULTANT may be required to submit updated financial
statements • the fund •• -• from the COUNTY.
0 0 r—ITZ we]
k1i I R-W4 14 W-Al 0 1 =Leilp
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.
I he documents prepared by the CORSIN LTAR,-V for this Project belong to the C01:
may be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
The CONSULTANT shall not assign • subcontract its obligations under this •
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 • • 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
• assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
Nothing contained herein shall create any relationship, • •. • with • 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 days
written notification • the CONSULTANT.
i.Either • the parties hereto may cancel this Agreement without cause • giving the
other party sixty (60) days written notice of its intention to do so.
This contract consists of the Request for Proposals, any addenda, the Form of Agreement
(Articles I -IX), the CONSULTANT'S response to the RFQ, the •• 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 conflicl
between any of the Contract documents, the one imposing the greater burden on
the CONSULTANT will •
person or aMffg=,, M5-n
r
yltr
a public entity, may not submit a bid • a contract with a public entity for the construction •
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.
0163110 1 MAI 09 1 M M *1 V. I'M
101 Kell
aeYerminaTion, JIM ull dM TIM, MaL R or arry SRUGUM51JAWFIL fldb UFFTIFTHRelf d1l du 4elfflell
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 th't
amount of money involved or whether CONUSULTANT has been placed on the convicted
vendor list.
• will promptly • the COUNTY if it • any subcontractor •
subconsultant is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
1:11;� ly� rM 111 k 0 =1 Z FM il, Lai
CONSULTANT shall maintain all ••• records, and documents • pertinent
performance under this Agreement in accordance with generally accepted accounti
principles consistently applied. Records shall be retained for a period of five years from t
termination of this agreement. Each party to this Agreement or its authoriz
representatives shall have reasonable and timely access to such records of each oth
party to this Agreement for public records purposes during the term of the Agreement a
for four years following the termination of this Agreement. If an auditor employed by t
COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to th
Agreement were spent for purposes not authorized by this Agreement, or were wrongful
11
i
retained by the CONSULTANT, the CONSULTANT shall repay the monies together •
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date thp.
monies were paid by the COUNTY.
I his 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 th 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
�]615
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.
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
attornept's fees. court costq_hv�*-!d�*
the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings.
11.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure ts
the benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
WE 14�11 I A I I Eel
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.
�Mrzll.mzl 1,19K9101ir, 11 in 1-1191:9 r.1 Wl 114.W1t.,1V.M III ITS.Rorell [Will I -ram 0 0 0 Mill
that all applications, requests, grant proposals, and funding solicitations shall be approveir
by each party prior to submission.
&1W-11 911111 D1 WA, I Lei k' 9
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.
In the event any administrative or legal proceeding is instituted against either party relati
to the formation, execution, performance, or breach of this Agreement, COUNTY a
CONSULTANT agree to participate, to the extent required by the other party, in
proceedings, hearings, processes, meetings, and other activities related to the substance
this Agreement or provision of the services under this Agreement. COUNTY a
I
CONSULTANT specifically agree that no party to this Agreement shall be required to ent
into any arbitration proceedings related to this Agreement.
IF
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act
1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis•
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amende
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcoh
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-61
as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290e
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Tit
VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating
nondiscrimination in the sale, rental or financing of housing; 9) The Americans wi
Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to tim
relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapt
13, Article VI, which prohibits discrimination on the basis of race, color, sex, religio
national origin, ancestry, sexual orientation, gender identity or expression, familial status
age; 11) Any other nondiscrimination provisions in any Federal or state statutes which m
apply to the parties to, or the subject matter of, this Agreement.
�* A 1; �601VJ 4 il, F-,l il, 11 IM 2 Z
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.
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse
of public position, conflicting employment or contractual relationship; and disclosure or use
of certain information.
M41]11111111110 Z 19JW91 14 M k IF-IVA 0 M
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
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the
provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
9.21 PUBLIC ACCESS.
The CONSULTANT and COUNTY shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY
shall have the right to unilaterally cancel this Agreement upon violation of this provision by
CONSULTANT.
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.
AV*=;J:-RVJ 114
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
[he 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.
•PZMIIIZVVI W01:1111[ttlall
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.
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
4"-ogw",•4WOrr ;-C.?AW%w_-_Wtw.t#fit9Wy
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.
•11111*3VIV I Lei i! 61IFff kI I DAN :III I w I I ki I Z11:1-ci•
CONSULTANT agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the
execution of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete, and
current at the time of contracting. The original contract price and any additions thereto shall
be adjusted to exclude any significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end of
the Agreement.
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.
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.
.3.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of
the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have ftt
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.
a). Appendix I of the FDOT Standard Professional Services Agreement is included as Attacffm—e—nT
B.
b). The CONSULTANT and any sub -consultants shall not discriminate on the basis of race, col
national origin or sex in the performance of this contract. The CONSULTANT shall carry out
9pplicable 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
ihis contract, which may result in the termination of this contract or such other remedy as the
COUNTY deems appropriate.
c). CONSULTANT will comply, and ensure its sub -consultants will comply, with the Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered
Transactions in 49 C.F.R. Part 29, when applicable.
d). Equal Employment Opportunity: In connection with the carrying out of any project, the
CONSULTANT shall not discriminate against any employee or applicant for employment
because of race, age, religion, color, sex national origin, disability or marital status. The
CONSULTANT will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion color,
gender, national origin, disability or marital status. Such action shall include, but not be limited to,
the following: employment upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
I I W
I rd is) vwRIM41IN I INDIALIFAIW41.1m a WIMAM a r.F.1rmr*41;m I r-11 I I rUmp] tale I V I a I WITA I I I a; I am W-�am
M,99��� . 0 �41�1111
By:
Mayor/CTihirman
Date: H-1,14
(Seal) CONSULTANT
Atte�f
BY:
Title: �Title:
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
Cl-iRls-i INE M. LIMBERT-BARROWS
ASS[$TA "I r, Ot- . 11"YATTORNEY
Date
ATTACHMENT A
CONSULTANT RATES
STANTEC
ATTACHMENT A
gktf • •Asp
Staff type Classification Hourly Rate
01
Principal
$
196.00
02
Engineer (PE) or Architect (RA)
$
144.00
03
Engineer (EI) or Architect (AI)
$
104.00
04
Technician
$
87.00
05
Data Processor
$
65.00
06
Construction Inspector (CEI)
$
95.00
07
Division Director
$
167.00
08
Grants Coordinator
$
113.00
09
Senior Technician
$
95.00
10
Project Manager
$
156.00
14
Senior Inspector (CEI)
$
104.00
16
Inspector (CEI)
$
87.00
17
Secretary (CEI) / EEO Compliance
$
72-00
20
Public Involvement Coordinator
$
122.00
21
Accounting Coordinator
$
80.00
22
Marketing Coordinator
$
80.00
23
Technology Manager IT
$
113,00
24
Clerical Assistant
$
59.00
25
Technology Assistant IT
$
80.00
ATTACHMENT B
APPE D AL SERWESAGREEMENT
Ill if "Mai Z42 =1 11 ml;f.lw.l 11111001
The following terms apply to all contracts in which it is indicated in Section 63 of the Standard Professional Services
Agreement that the services involve the expenditure of federal funds:
AIt is understood and agreed that all rights of the Department relating to inspection, review, approval, patents,
copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this
Agreement shall also be reserved and held by authorized representatives of the United States of America.
B. It is understood and agreed that, in order to 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.
CCompliance with Regulations: The Consultant shall comply with the Regulations of the U.S, Department of Transportation
Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this Agreement.
D. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on the
basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of
subcontractors, including procurements of material and leases of equipment. The Consultant will not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
E Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the
Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, Including
procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis
of race, color, national origin, sex, age, disability, religion or family status.
Information and Reports-. The Consultant will provide all Information and reports required by the Regulations, or directives
issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the Florida Department of Transportation, Federal Highway Administration, Federal
Transit Administration, Federal Aviation Administration. and/or Federal Motor Carrier Safety Administration to be pertinent to
ascertain compliance with such Regulations, orders and instructions. Where any information required of the Consultant is in
the exclusive possession of another who falls or refuses to furnish this Information, the Consultant shall so certify to the
Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation
Administration, and/or the Federal Motor Carrier Safety AdmInistrationas appropriate, and shall set forth what efforts It has
made to obtain the information.
GSanctions for Noncompliance: In the event of the Consultants noncompliance with the nondiscrimination provisions of this
contract, the Florida Department of Transportation shall impose such contract sanctions as It or the Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier Safety
Administration may determine to be appropriate, including, but not limited to,
1, withholding of payments to the Consultant under the contract until the Consultant complies and/or
2, cancellation, termination or suspension of the contract, In whole or In part.
H, Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through H in every subcontract,
including procurements of materials and leases of equipment unless exempt by the Regulations, order, or Instructions
issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the
Florida Do p art me n I of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation
Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such
provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction. the Consultant may request the Florida Department
of Transportation to enter Into such litigation to protect the interests of the Florida Department of Transportation, and, in
addition, the Consultant may request the United States to enter into such litigation to protect the interests of the United
States.
Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any
share or part of this contract or to any benefit arising therefrom.
YOU
laws of any State.
PwIticiAzt4in *y 1isa4va?%W-g,&i2 2ysiAess Ei9tePA-Ases: T�ie CoAsultm sXall 2grep ti 2�49 �oy tl�q ftl1twixg statextent fr#%n
49 CFR 26.13(b). This statements shall be included in all subsequent agreements between the Consultant and any
subconsultant or contractor.
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
ipIt is understood and agreed that if the Consultant at any time learns that the certification It provided the Department in
compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of changed
circumstances, the Consultant shall provide immediate written notice to the Department. It is further agreed that the clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transaction" as sat 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.
ff a aps
Department, directly or indirectly as an express or implied condition In connection with obtaining or carrying out this
contract, to
I employ or retain, or agree to employ or retain, any firm or person, or
2pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind;
o. The Consultant hereby certifies that It has not:
11 111 pilill 1111 111111111111111!1111 111 11 111 11!111111111 111 11111111111 1111111 1111 11F !1 � 111111 11 iiiii 1111111111111111
carrying out the ■
The consultant further acknowledges that this agreement will be furnished to the State of Florida Department of
TranspMaYin ant a fateral alancy in cbmiecftR wO tNIs 2*Atr2ct W+hlft g p9,ki6ltvhQA *f FP,#e.r2l-AI1 fulx4s, 2xi Is
subject to applicable State and Federal Laws, both criminal and civil.
ATTACHMENT C
Certification for Disclosure of Lobbying Activities on Federal
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-33
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIPROCUREMENT
VITIES 10/01
ON FEDERAL -AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
The prospective participant certifies, by signing this certification, that to the best of his or her knowledge
and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
(Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional
Services Administrator or Procurement Office.)
was made or entered into. Submission of this certification is a prerequisite for making or entering into thi---
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
Name of Consultant: _,e5J—A,1*c cpj�suLiie, QFUWcvp�s, orldc _
By: i2AMPA) C-4_sn_� _ Pate:
Authorized Signature-c���
Title:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-32
PROCUREMENT
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 10/01
INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL
AID CONTRACTS
(Compliance with 49CFR, Section 29.510)
(Appendix B Certification]
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal
department or agency.
Name of Consultant: 9TWPC0—' CO
Date: IS-11- IS
Authorized Signature 6A4Vvj ef*-.T%v—A
Title: vice —PU-SiVeWr
1 By signing and submitting this certification with the proposal, the prospective lower tier participant is providing the certification
;et out -below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department may pursue available remedies, including
suspension and/or debarment
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted. If
at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4. The terms 'covered transaction', 'debarred', 'suspended', 'ineligible', 'lower tier covered transaction','participant', 'person', primary
covered transaction', 'principal', 'proposal', and 'voluntarily excluded', as used in this clause, have the meanings set out in the
Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this
proposal is being submitted for assistance in obtaining a copy of those regulations.
which this transaction originated.
7A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals -
Each participant may, but is not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which
is normally possessed by a prudent person in the ordinary course of business dealings-
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the Department may pursue
available remedies, including suspension and/or debarment.