Item C45J WO D1 L4,,j
ow 9jRU 411
Meeting Date: J& 15, 2015 Department: En&eering Services Department
Bulk Item: Yes X No Staff Contact /Phone #: Judy Clarke 4329
AGENDA ITEM WORDING: Approval of a task order with EAC Consulting, Inc. for engineering
fl'-di�f-L226t: I-Ri aiway !!&f
task order is being awarded under the On Call contract for Professional Services in the maximum not
to exceed amount of $299,93 1.00.
TrZ
of streets in the Bay Haven, Dove Creek Estates and Seaside subdivisions that have been identified •
e
the County's Asphalt Pavement Evaluation and Management program as areas of poor pavem
condition and also require drainage improvements.
PREVIOUS RELEVANT BOCC ACTION:
In March 2013, the BOCC approved a contract with IMS Infrastructure Management Services for
Asphalt Pavement and Management Services.
In January 2014, the BOCC approved the On Call contract for Professional Services between County
and EAC Consulting,
A,77 7mrTig aesign. MgMIMIRT
services.
TOTAL COST: $299,931.00 DiDIRECT COST: BUDGETED: Yes x No
11) 1 W 4 pujla"[i �s OF.1 114111 D1 4
COST TO COUNTY: $299,93 1.00 SOURCEOFFUNDS:-&nd-lo..
FXEVENUE PRODUCING: Yes —No X AMOUNT PER MONTH Year
APPROVED BY: County Attorne�� OMB/Purchasing DIV-) Risk Management Lo-
DOCUMENTATION: Included X Not Required,-_
C101SPOSITION: AGENDA ITEM #
Revised 6/15
CONTRACT SUMb4ARY
Contract with: EAC Cqnsulop&
Inc. Contract# Task Order
Effective Date: 7/15/2015
Expiration Date: 60 days 22st consmicuoiY
Contract Purpose/Description:
Mf r3La-7U7,,,a!Z-MI I
Total Dollar Value of Contract:
Budgeted? Yes® NoEJ
Grant: $
County Match: $
wil.ram::
$ 299,931.00 Current Year Portion:$ 80,000.00
Account Codes:
ADDIT'IONAL COSTS
Estimated Ongoing Costs: $----jyr For:
(Not included in dollar value above) (e.g. maintenance, utilities,
County Attorney
It OWIN
Changes
Date in Ne&ed
YesEl No ,, xo,
Yes[] No[a��
Yes o Noy
®r Yes[:] No®
OMB Form Revised 2/27/01 MCP #2
Hal, salaries. etc.
Date Out
-2
TASK ORDER FOR ON CALL PROFESSIONAL DESIGN AND PER114TTING
SERVICES BETWEEN MONROE COUNTY AND EAC CONSULTING, INC.
• R
KEY LARGO I ROADWAY AND DRAINAGE IMPROVEMENTS PROJECT
In accordance • • Contract forOn • - •nal Engineering
so off
Key largo I Roadway and Drainage Improvement Project
PAC Consulting, Inc.
July 15, 2015
Page I of 6
Florida Department of Transportation Roadway Plans Preparation
Manuals
http://www.dot.state-fl-us/rddesign/PPMManuaI/PPM.shtm
2. Florida Department of Transportation Design Standards
http://www.dot.state.fl.us/rddes(qn/Desi,,qnStandards/Standards.shtm
3. Florida Department of Transportation Manual of Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and
Highways http-. //www. dot. state. f 1. us/rddesig n/F loridaGreen book/FG B. shtm
4. Florida Department of Transportation Surveying Procedure
http://www2.dot.state.fl.ustproceduraldocuments/12rocedures/bin/5500301
Ol.pd
5, Florida Department of Transportation Drainage Manual
http://www.dot-state.fl.us/rddesign/dr/files/2008Draina.geManual.pd
6. MUTCD
http:/Imutcd.fhwa.dot.gov/
7. American Disabilities Act
http://www2.dot.state.fl.us/i)roceduraldocuments/procedures/bin/6250200
15,pd
8. Florida Department of Transportation Flexible Pavement Design Manual
http://www.dot.state.fl.us/pavementmanagement/PUBLICAT[ONS.shtm
9. Florida Statutes
http://www. leg.state.fl.us/Statuteslindex.cfm? ode=View%20Statutes Su
bmenu=1&Tab=statutes&CFID=14677574&CFTOKEN=80981948
2.2. The Consultant shall provide Drawings and applicable Technical Specifications
for the County's review.
2.3 Upon completion of the Construction Documents Phase, the Consultant shall
provide Construction Documents for the County's approval. Upon approval by the
County the Consultant shall provide the County up to 5 sets of Construction Documents
that have been signed and sealed by the Engineer. The Consultant shall also provide
an electronic version of the construction documents. The Consultant shall provide an
estimate of anticipated construction cost in accordance with the construction
development phase.
2.4 The Consultant shall assist the County in the preparation of the necessary
bidding information for the production of bidding forms, the Conditions of the Contracts,
and the forms of Agreements between the County and the Contractors by providing
supporting information as to the projects scope, bid items, estimated quantities and
construction duration. The County shall prepare all Bidding Forms, Conditions of the
Contract, and Forms of Agreement.
Key Largo I Roadway and Drainage Improvement Project
CAC Consulting, Inc.
July 15, 2015
Page 2 of 6
agencies and state departments, in effect at the date of this Agreement, and shall be of
such completion as to be acceptable for review and ruling by said agencies when
permits are applied for. The Consultant shall use due care in determining permit
requirements and shall meet with regulatory agencies as necessary to coordinate
specific permit requirements. The Consultant shall document all meetings and
conversations with said regulatory agencies. If permits are denied for incompleteness or
for lack of following said codes or regulations, or permit requirements, then the Engineer
will conform the construction documents in such manner to receive permits upon such
plans. Work required by the Consultant to conform documents to federal, state, city,
county, or agency specifications to allow them to be approved shall be completed at no
charge or cost to the County, unless said requirements are changed during the course of
the project.
2.6 The County shall be responsible for the timely submittal of all permit application
fees.
2.7 At the 90% and 100% design phases the Consultant shall provide drawings and
after documents which depict the current status of design for the County's review and
information. The Consultant shall provide an estimate of anticipated construction costs
construction scWedule.
2.8 As needed, the Engineer will provide clarification and answers to questions from
prospective bidders during the construction bid process. Answers will be provided in a
timely manner in order to facilitate bidding.
To satisfactorily perform the Construction Documents phase requirement, the
Engineer must complete the tasks set forth in items 3.1 through 3.4.
3.1 Construction Plans — This consists of, at a minimum, Key Sheet, Summary of
Pay Items and Quantities, Drainage Map, Project Layout, Plan and Profile sheets,
Typical Sections, Detail sheets, General Notes, Traffic Control Plan. Construction plans
shall be in accordance with FDOT Plans Preparation Manual.
3.2 Specifications — For general specifications, FDOT Specifications will be used.
Comprehensive, abbreviated methods, materials and systems descriptions in tune with
the drawings will be developed as necessary with Technical Special Provisions.
3.3 Schedules — Prepare an estimate of the Construction Time.
3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance
with the Construction Documents.
4.0 CONSTRUCTION COST
Contemporaneously with the submission of the Design, the Consultant shall submit to
the County in writing its final estimate of the contractor's anticipated bid price for
constructing the Project. Once submitted, the final anticipated price estimate shall be
Key Largo I Roadway and Drainage Improvement Project
LAC Consulting, Inc.
July 15, 2015
Page 3 of 6
adjusted by the Consultant to reflect any increase or decrease in anticipated price
resulting from a change in Design.
4.1 The Construction Cost shall be the total estimated bid cost to the County of all
elements of the Project designed or specified by the Engineer.
At, 2 The Construction Cost shall include the cost at current market rates of labor and
materials and Equipment designed, specified, selected or specially provided for by ths
Engineer, plus a reasonable allowance for Contractor's overhead and profit.
,,f,.3 Construction cost does not include the compensation of the Consultant and the
sub -consultants, the costs of land, rights -of -way, financing or other costs which are the
responsibility of the County.
4.4 The Engineer agrees that, should the bid for construction of the project exceed
its estimate by ten percent (10%) or more, it will redesign, redraw or rebid, at n#
additional cost or expense to the County, until the bids are within the stated limits.
5.1 The Consultant shall review and approve or take other appropriate action upon
Contractor submittals and requests for information. The Consultant's action shall be
taken with such reasonable promptness as to cause no delay in the Contractor's Work or
in construction by the County's own forces, while allowing sufficient time in the
Consultant's professional judgment to permit adequate review. In general, said review
and action shall be completed in 10 working days from receipt of a shop drawing
submittal, excluding resubmittals. Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness of other details such as
dimensions and quantities or for substantiating instructions for installation or
performance of equipment or systems designed by the Contractors, all of which remain
the responsibility of'the Contractors to the extent required by the Contract Documents.
The Consultant's review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Consultant, of construction means, methods,
techniques, sequences, or procedures.
5.2 The Consultant will provide answers to Requests for Information (RIFIs) from the
Contractor, as needed during construction and will implement any required plan
revisions.
5.3 The Consultant shall, without additional compensation, promptly correct any
errors, omissions, deficiencies, or conflicts in the work product of the Consultant or its
consultants or both.
5.4 The Consultant must reimburse the County for any added costs paid by the
County during construction that were incurred as the result of any error, omission,
deficiency, or conflict in the work product of the Consultant, its consultants, or both. This
added expense is defined as the difference in cost from that which the County would
have paid if the work was included in the bid, and the actual cost presented by the
Contractor. The Consultant shall not be held responsible for additional deficiencies found
due to a delay in the construction of the project or for those hidden deficiencies that
Key Largo I Roadway and Drainage Improvement Project
EAC Consulting, Inc.
July 15, 2015
Page 4 of 6
could not reasonably be determined through a review of FDOT Bridge Inspection
Reports or physical inspection of a bridge by the Consultant.
5.5 The Consultant shall furnish to the County, upon project completion, the
following:
2 sets of 11" X 17" signed and sealed Record Drawings
2 sets of final documentation
1 set of final CADD files on CD
The Consultant's Engineer of Record in responsible charge of the project's design
shall professionally endorse/certify the record prints, the special provisions and all
reference and support documents.
5.6 The Consultant will attend the pre -construction meeting and as needed, attend
the periodic construction progress meetings.
� I I, !I11 7�1111 111111111;111 11111111 11!1111 lI 1 111111
Ig . . 4 . 0 1 . 0 iiii, 0 1 111141iii 4 0 6 6
- I ` I I WxPl6wavar.�& I
the following not to exceed amounts (except where noted):
Task 1: Pre -Design Services (Not to Exceed)
$
20,000.00
Task 2: 90% Construction Documents (Not to Exceed)
$
140,000.00
Task 3: 100% Construction Documents (Not to Exceed)
$
30,000.00
Task 4: Permitting (Lump Sum)
$
11,375.00
Task 5: Bid and Award & Construction Support Services
(Lump Sum)
$
8,000.00
Support Services:
Surveying and Mapping (Lump Sum)
$
40,000.00
Subsurface Utility Engineering (Not to Exceed)
$
20,000.00
Geotechnical Engineering (Lump Sum)
$
22,556.00
Environmental Investigations (Lump Sum)
$
5,500.00
Reimbursables (Not to Exceed)
$
2,500.00
Total $ 299,931.00
011 #.1111 0 1 1 0 1 . 0 * - 0 a
0i ILI KWWROIS I a mmir 11
(a) Keep and maintain public records that ordinarily and necessarily would be requir
by Monroe County in order to perform the service. I
I C&I'M [a 1;4*01 on a M 916 t; ROQItrt Ito] - a
- 0 0
MT 114r*22�1111111411rc_4140*3 M_
Key Largo I Roadway and Drainage Improvement Project
EAC Consulting, Inc.
July 15, 2015
Page 5 of 6
(d) Meet all requirements fbr retaining public records and transfer, at no cost, to
11.1ta jr-,v 9J�Tj tTtwL*JL-u WATATS&IIWATer , 1T.�V&&V,
Paragraph 9.30 Federal Highway Administration Requirements do not apply to this
projed.
IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly
Ruthorized representative.
Consultant
EAC Consulting, Inc, ----
signature Dew
Title
(SEAL)
Attest: Amy Heavilln, Clark
RM;
Uil=-
-) __G
Sign611-4re Date
M
f12. I Ct 6- U 4 C
Key Largo I Roadway and Drainage Improvement Project
EAC Consulting, Inc.
July 15.2015
Page 6 of 6
AWWGIMBOT-M
EAC Consulting, Inc.
Judith GiClarke, P.E.
Director mfEngineering Services
Monroe County
11OOSimonton SX,Room 2-21G
Key, West, FL 33040
Re. County Project KIL 1 2015 - Bay Haven - Seaside - Dove Creek Estates Roadway and Drainage
Improvements Project, Dove Key, Monroe County
Project Understanding
|tisour understanding that the County wishes 0mhave EAC perform milling and resurfacing, roadway widening,
and asphalt overlay or pavement reconstruction on most of the roadways within the Bay Haven -Seaside -Dove
Creek Estates.
The County has performed assessment on all the roadways that are part of this project using the Pavement
Condition Index (PCI) criterion. Our understanding is that the assessment assumes that roadways with a PCI of
50 or greater will require either asphalt overlay or milling and resurfacing while roadway with a PCI of less that
50 will require reconstruction. In addition, most of the roadwails are flat in cross TakeTziIWe
crowns and therefore establishing roadways crowns will be a part of this project, The County would like to bring
the existing roadway width up to the standard as much as possible without impacting the adjacent wetlands.
The table with anticipated roadways to be widened has been attached to this proposal.
The County also wishes to provide drainage in the form of french drains where possible. EAC will design french
drain systems to address water quality and/or the runoff from the 5-year 1-day storm where feasible and to the
greatest extent possible, while avoiding impacts to adjacent wetlands.
Project Limits:
a v is n.,
1. Mangrove Avenue, from Overseas Hwy to North Drive
2. K8ahogmnyAvenue, from Overseas Hwy toNorth Drive
1 BayviewAvenue, from Overseas Hwy tuNorth Drive
4, Central Avenue, from Overseas Hwy toMeridian Avenue
5. Gumbo Limbo Avenue, from Overseas Hwy tmMeridian Avenue
6, Lyca|wma Avenue, from Overseas Hwy to Meridian Avenue
7. Meridian Avenue, from South Drive 10Overseas Hwy
8. South Drive, from Meridian Avenue toWest End
9. North Drive, from Mangrove Avenue LoBayv)ewAvenue
Seaside:
11. Ocean View Blvd, from Seaside Avenue tmLime Street
12. Lime Street, from Seaside Avenue to Ocean View Blvd
13. Coconut Drive, from Seaside Avenue UzOverseas Hwy
14. Seaside Avenue, from Palm Drive toSouth End
Dave Crack:
15. Dove Avenue, From Overseas Hwy toEast End
16. Peace Avenue, From Overseas Hwy tmEast End
Scope of Work
Our scope ofwork will include the following -
Task 1A-ProjectKAanagemmemt
EAC will provide project management services that will consist of contract administration, preparation of
invoices, coordination of project staff and other sub consultants, developing and monitoring a project schedule
and monitoring project costs. EAC will coordinate a project kick-off meeting with K4wnnme County and its sub
consultants within two (2) weeks after receiving a notice -to -proceed. The purpose of these meeting will be to
initiate the project, which among other things includes re -verifying project goals, identifying project
communication protocols, collecting existing project data such as the PC| report data, establishing invoice
procedures, etc.
Task 113-Meetings
E0[ will attend a maximum of four (4) coordination meetings with the County. In addition, EAC will meet with
the permitting agencies to identify permit requirements for the project and discuss other pertinent project
related issues.
Task IC-FieldNsits
EA[will schedule field visit/s to familiarize the project team with the conditions and any physical limitation's of
the site that may exist, determine and assess the proposed scope of works for each street, meet with
maintenance personnel who have insight and intrinsic knowledge of the project area and perform a fina|on~ske
check with developed plans. Field visits will also be performed to verify PCI information provided by the County.
Task ID-Topographica|Suruey and Mapping
EACwiU retain the services of Longitude Surveyors, LLC(LS)to perform a topographical and boundary survey
vvhhinthen`advvaysUsiadunder"Prm]e(tLimits'above.Thesumeywi||beUmi1edtotopognaphica|informadon
within the right ofway. Signed and sealed surveys will beprovided Lothe County.
EAC will retain the services of Professional Service Industries, Inc. (PSI) to perform geotechnical investigations.
These services will include thirty-five (35) SPT borings (15-feet deep) to determine the asphalt and limerock
thickness as well as the materials contained with the subgrade and beyond. The services also include twenty-
four (24) percolation tests to a depth of fifteen (15) feet to determine the hydraulic conductivities. In addition,
six (6) samples of materials will be tested for corrosion parameters (pH, chlorides, sulfate and resistivity) and will
be used to analyze and select culvert materials based on service life per the FDOT culvert service life criteria,
TamkIF—Envnmnmnenta||mwestigaUonm
EAC will retain the services of Sandra Walters Consultants, Inc. (SWC) to perform wetland delineation and
environmental agency coordination services, SFVVKXDwiU require that streets adjacent to existing wetlands be
delineated to demonstrate impacts from proposed construction, if any. Upland protected habitats such as
hammocks will also hetaken into consideration for any impacts.
Task 1G—Utility Coordination
EACwiU request design ticket from the Sunshine State One Call of Florida to determine the utility owners that
have facilities within the project limits. EACw/iU prepare correspondences 0oeach utility owner identified 0z
request specific as -built information on these utilities, including their location, size and material of construction
if available, EAC will use this information to develop the construction plans for this project.
#nce the milestone submittal (90% CDs) that shows the location and extent of the work being proposed han
been determined, EAC will correspond with utility owners again to ensure that they; 1) have knowledge of th-,
proposed worked and its potential impacts to their utilities and 2) make arrangements to relocate their utilities,
if necessary,
Once the final (100%CDs) construction plans have been developed, E&CvviU coordinate with utility owners one
final time to ensure that they are fully aware of the proposed works that will be associated with upcoming
construction activities,
Task IH—Data Collection and Review
EA[m/iU review all the records available from the County associated with Bay Haven Seaside - Dove Creek
Estates including the PC| report, as -built drawings and logs of complaints from residents regarding roadway
and/or drainage issues. In addition, EAC will review the topographic survey and geotechnica| report and
incorporate the findings of these investigations into the construction documents.
The 90% Construction Documents will consists of design plani
Roadway
The design plans will show the limits of the milling and resurfacing, road widening, asphalt overlaying and/or
roadway reconstruction work that are required based on the PC| report and its recommendations. In addition,
EACwi|| perform grading modifications necessary to provide positive drainage through cross slope corrections
and intersection grading.
Drainage
EAC will perform drainage calculations and analyses aswell as design french drain systems to address water
quality and/or the runoff from the 5-year 1-day storm where feasible and to the greatest extent possible, while
avoiding impacts toadjacent wetlands and utilities,
Anticipated SubmIttal Documents
° Key Sheet
w General Notes
w Typical Sections and Details
w Paving, Grading and Drainage Plans
9 Signage and Striping Plans
Task 2B — Horizontal Utility Designation and Test Holes
EAC will retain the services of Longitude Surveyors, LLC (LS) to perform designation and test holes on areas
selected for the installation of new drainage structures and french drain systems. Designation will locate the
presence of utilities horizontally by utilizing geophysical equipment and test holes will be used to confirm the
vertical location of these facilities. This information will be provided in the construction documents to avoid
utility conflicts that may occur with proposed french drain systems and existing utilities. In addition, depending
on the results of this investigation, EAC will either find alternate locations for the drainage system, indicate
utilities that may require relocation or indicate how the conflicting utilities can be accommodated.
TASK 3-100% Construction Documents
E&C will finalize the construction documents by incorporating the level of detailing required to convey the
design intent to prospective bidders. In addition EAC will meet with the County and incorporate any comments
that the County had onthe gO96Construction Documents.
Anticipated Submittal Documents
• meySneec
* General Notes
• Typical Section and Details
* Summary mfQuantities
* Paving, Grading and Drainage Plans
* Signageand Striping Plans
• StonmvvaterPollution Prevention Plan
* Engineer's Drainage Report
w ^
�"sxFtim_�re
_______
TASK 4—Permitting
It is assumed that there will be no environmental impacts associated with this project due to the nature of the
work being proposed and therefore permitting will be with Monroe County and SFVVK4D for stormvxater
improvements only. It is also assumed that some form of "General Permit for Activities in Up|ands" would be
required for this project.
This proposal however does not include any permitting related to the provision of new or the mmjUlcaUun of
an existing Environmental Resource Permit or any permits related to Wetland Mitigation or impacts to
Mangroves.
TASKG—ConstructionPhase Services
5.1 E4C shall review and approve or take other appropriate action upon Contractor submittals and requests for
information. EAC's action shall be taken with such reasonable promptness as to cause no delay in the
Contractor's Work or in construction by the Count/sown forces, while allowing sufficient time in the EA['s
professional judgment to permit adequate review. In general, said review and action shall be completed in 10
working days from receipt of a shop drawing submittal, excluding resubmittals. Review of such submittals is not
conducted for the purpose of determining the accuracy and completeness of other details such as dimensions
and quantities or for substantiating instructions for installation or performance of equipment or systems
designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by
5. EAC will provide answers to Requests for Information (RHs) from the Contractor, as needed during
construction and will implement any required plan revisions,
53 EACshall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts
in the work product of EAC or its consultants or both.
both. This added expense is defined as the difference in cost from that which the County would have paid if the
work was included in the bid, and the actual cost presented by the Contractor. LAC shall not be held responsible
for additional deficiencies found due to a delay in the construction of the project or for those hidden
deficiencies that could not reasonably be determined through a review of Data and Reports of roadways
provided by the County or physical inspection of the project location i.e. roadways and drainage structures by
5.5 EACshall furnish tothe County, upon project completion, the following:
� 2sets ofl1"X17°signed and sealed Record Drawings
� 2sets mffinal documentation
° 1set uffinal CA00files onCD
EAC's Engineer of Record in responsible charge of the project's design shall professionally endorse (signed and
sealed and certified) the record prints and all reference and support documents,
5.6 EACwill attend the pre -construction meeting and aa needed, attend the periodic construction progress
'111.1' Tee proposal is summarizell-a-1 �,Iow III
Descriotions
4 Permitting - LUMP SUM
5 Construction Phase Services - LUMP SUM
Support Services
Survey and Mapping -LUMP SUM
Subsurface Utility Engineering - NOT TO EXCEED
Geotechnical Engineering -LUMP SUM
Environmental Investigations - LUMP SUM
TOTAL (LUMP SUM)
The aforementioned scope ofservices assumes that:
1. The contractor will be responsible for creating his/her own Maintenance of Traffic Plans based on their
means and methods and sequencing of construction activities and will be solely responsible for obtain
all approvals from applicable agencies prior to construction. Information will be provided on the plans
that references this requirement.
2. The County will provide its standard details associated with roadway improvements inAuimCADformat
to use inthis project,
1 The County will utilize the F0OTspecifications for this project.
4. Permitting agencies are limited to SFVVK4Dand the County only, It is assumed that the permit required
from SFWMD will be for the stormwater improvements only and does not include the provision of a new
urmodifications ofanexisting Environmental Resource Permit,
S. No utility relocation design is included inthis proposal
6. No Construction Administration Services beyond those mentioned above are included in this proposal.
7. NnBid and Award Services included inthis proposal.
8. NoRight VfWay modifications are required,
9. Anticipated permitting fees have been included as part of the reimburseables contained in this proposal.
In the event that permit and reimburseaNes exceeds the budgeted amounts, then the County will
approve esupplemental 0oreimburse ENCfor additional direct expenses,
10. Project isaSingle-Phase project.
Sincerely,
Senior Project Manager
AMENDMENT 1 TO THE
AGREEMENT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES
THIS AMENDMENT 1 to the Agreement dated January 16, 2014, between Monroe County,whose address
is1lOOSimonton Street, Room 2-216Key West, Florida 33O4O hereafter the °COUNTY"and EA[Consulting |nc,a
Corporation mfthe State mfFlorida, whose address is81 57`"Avenue, Suite 4U2,Miami, Florida 331%6'
hereafter the "CONSULTANT" is entered into on this _V�day of 2015.
WHEREAS, onthe l6 mday nfJanuary 2014,the parties entered into anAgreement for OnCall
Professional Engineering Services authorizing the Consultant to provide professional services for miscellaneous
projects in which construction costs do not exceed $2,000,000.00 in the form of Task Orders issued for specific
services; and
WHEREAS, personnel referenced in Section 2.3 and Section 6.1 of the Agreement has changed and the
County finds the change in personnel acceptable:
agree to amend the Agreement as follows:
Section 2.3 Notice Requirement — Replace Huntley Higgins with Sharmin Siddique, P.E.
Section 6.1 Personnel - Replace Huntley Higgins with Sharmin Siddique, Project Manager
in all other respects the Agreement dated January 16, 2014 remains in full force and effect.
In WITNESS WHEREOF each party hereto has caused this contract to be executed by its duly authorized
representative.
(SEAL) EAC CONSULTING|
Attest:
By:
Title. Title: ����
' ~ ^
This Aonmmnnent ("\o n1oda and anhanad into this AP day of
2 by and between Monroe Cmunh/, o poUUoat subdivision of the State of Florida, vvh6oa
address is 1100 Simonton Stmaet, Key West, Florida, 33040. its suooeam]nm and assigns,
hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners
EAC Consulting, Inc., a Corporation of the State of Florida, whose address is 815
NW 57th Avenue, Suite 402, Miami, Florida 33126 its successors and assigns, hereinafter
referred to as "CONSULTANT",
WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT
for various County Projects located in Monroe County, Florida and
WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects
in which construction costs do not exceed $2,000,000.00
The professional services required by this Contract will be for services in the form of a continuing
contract, commencing the effective date of this agreement and ending four years thereafter, with
options for the County to renew for one additional 1 year period.
Specific services will be performed pursuant to individual task orders issued by the COUNTY and
agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule,
charges and payment conditions, and additional terms and conditions that are applicable to such
Task Orders.
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:
ii KIIIIIIIIIIIIIIIIIIII 04=4 4*01 Z 11 r-11 I I
By executing this Agreement, CONSULTANT makes the following express representations and
iv,q rr,,-�,i ties 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, bul
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 t@#
his performance and those directly under his employ.
1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules
and regulations pertaining to, or regulating the provisions of such services, including those
now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board
to terminate this contract immediately upon delivery of written notice of termination to the
CONSULTANT.
1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the
CONSULTANT or any of his/her employees, contractors, servants, or agents to be
employees of the Board of County Commissioners for Monroe County.
1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
in its recruiting, hiring, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
EV_.4t1Qj1W
�A :2 41#1 ayll�
The CONSULTANT will perform for the COUNTY services as described in individual Task Orders
in accordance with the requirements outlined in the Agreement and the specific Task Order.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions,
deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement shall
be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail,
return receipt requested, to the following:
Ms. Judith Clarke, P.E.
1irector of Engineering Services
Monroe County
m-Z--216
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
7ZOTEM-yeanam M.
[OL911,
Miami, Florida 33126
F-119"I 1111061OF-111II&A
3.1 Additional services are services not included in the Scope of Basic Services. Should the
COUNTY require additional services they shall be paid for by the COUNTY at rates or fees
negotiated at the time when services are required, but only if approved by the COUNTY
before commencement.
3.2 If Additional Services are required the COUNTY shall issue a letter requesting and
describing the requested services to the CONSULTANT. The CONSULTANT shall
respond with a fee proposal to perform the requested services. Only after receiving an
amendment to the Agreement and a notice to proceed from the COUNTY, shall the
CONSULTANT proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project including
physical location of work, county maintained roads, maps.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
to the Project. The COUNTY or its representative shall render decisions in a timely manner
pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable
delay in the orderly and sequential progress of the CONSULTANT'S services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have been
duly served if sent pursuant to paragraph 2.3.
,�.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such documents are
generally consistent with the COUNTY's criteria, as, and if, modified. No review of such
documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy,
fitness, suitability or coordination of its work product.
EMMA RM = TO, H M I
,1,'.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
ARTICLE V
-INDEMNIFICATION AND HOLD HARMLESS
9.1 The CONSULTANT covenants and agrees to indemnify and hold harmless
COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers
and employees from liabilities, damages, losses and costs, including but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons
employed or utilized by the CONSULTANT in the performance of the contract.
5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced,
or lessened by the insurance requirements contained elsewhere within this agreement.
Should any claims be asserted against the COUNTY by virtue of any deficiency or
?.mbiguity in the • and specifications provided ♦ the CONSULTANT, the
CONSULTANT .• and warrants that he shall hold the COUNTY harmless and shall
indemnify him from all losses occurring thereby and shall further defend any claim or
• •. 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 •' • ambiguity in the • 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 • action • 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
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 namemi
individuals will perform those functions as indicated:
NAME
Huntley Higgins, P.E.
Gregory Mendez, P.E.
Shari Ramirez, P.E.
—Rodney Devera, P.E.
Evelyn Rodriguez, E.I.
FUNCTION
Project Manager
Senior Civil Engineer
Project Engineer
Project Engineer
Senior Engineering Technician
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced
the CONSULTANT shall notify the COUNTY of the change immediately.
ARTICLE V11
7.1 PAY MENT SUM
7.1.1 The •' shall •. the CONSULTANT in current funds for the CONSULTANT'S
performance of this Agreement based on rates negotiated and agreed upon and shown in
Attachment A.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set fortr,
herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to tht.
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, tv#9
CONSULTANT shall submit monthly, unless otherwise agreed in writing by t
COUNTY, a proper invoice to COUNTY requesting payment for services proper
rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoi
shall describe with reasonable particularity the service rendered. T
CONSULTANT'S invoice shall be accompanied by such documentation or data
support of expenses for which payment is sought at the COUNTY may require. I
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
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal
year (October 1 - September 30) by COUNTY's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the COUNTY's Board of
County Commissioners.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration.
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, ths-
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.
IRVMMSVS��
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,0001,
Disease, policy limits, $1,000,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims for
injuries to members of the public and/or damages to property of others arising from use
of motor vehicles, including onsite and offsite operations, and owned, hired or non -
owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One
Million Dollars ($1,000,000.00) annual aggregate.
1. Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONSULTANT or any of its employees, agents or
subcontractors or subconsultants, including Premises and/or Operations, Products and
Completed Operations, Independent Contractors; Broad Form Property Damage and a
Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per
occurrence and annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
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 Chapt
95 of the Florida Statutes.
i It A] 192 01 OWN 9 1 slao W I 0191FIfflEg I LgRair, 1 A �z I I Lai tm
COUNTY during the term of this Agreement. COUNTY will not pay for increased limits
of insurance for subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured. The
COUNTY reserves the right to require a certified copy of such policies upon request.
If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance wil:�
be required. In addition, the CONSULTANT may be required to submit updated financia:'
statements from the fund upon request from the COUNTY.
WE *0 1 IQ Z I M W-11 I] I L'
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
?.nd will not be used in the interpretation of any provision of this Agreement.
The documents prepared by the CONSULTANT for this Project belong to the COUNTY and
may be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
The CONSULTANT shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners
for Monroe County and the CONSULTANT, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shall b-A
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this agreement. Subject to the.
provisions of the immediately preceding sentence, each party hereto binds itself, itt
successors, assigns and legal representatives to the other and to the successors, assignA
and legal representatives of such other party.
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
-ights 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 to the CONSULTANT.
-a'
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.
ki 111 MM a 110161
This contract consists of the Request for Proposals, any addenda, the Form of Agreeme
(Articles I -IX), the CONSULTANT'S response to the RFQ, the documents referred to
the Form of Agreement as a part of this Agreement, and attachments A, B and C, a
modifications made after execution by written amendment. In the event of any confli,
between any of the Contract documents, the one imposing the greater burden
the CONSULTANT will control. I
p U 11111111111111
or consultant under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017 of the
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid
hereto, and may result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subconsultant has committed an act defined
by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved or whether CONUSULTANT has been placed on the convicted
vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
CONSULTANT shall maintain all books, records, and documents directly 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
retained by the CONSULTANT, the CONSULTANT shall repay the monies together wili,
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid by the COUNTY.
This Agreement shall be governed by and construed in accordance with the laws of t
State of Florida applicable to contracts made and to be performed entirely in the State. 11
the event that any cause of action or administrative proceeding is instituted for t
enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree th
venue shall lie in the 16 th Judicial Circuit, Monroe County, Florida, in the appropriate co
or before the appropriate administrative body. This agreement shall not be subject
arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement sh
be in accordance with the Florida Rules of Civil Procedure and usual and customa
procedures required by the circuit court of Monroe County. 31
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The COUNTY and CONSULTANT agree to reform thd
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
attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against
the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure tit
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 an4
performance of this Agreement have been duly authorized by all necessary County anV
corporate action, as required by law.
man 0- 0
that all applications, requests, grant proposals, and funding solicitations shall be approve4
by each party prior to submission.
COUNTY and CONSULTANT agree that all disputes and disagreements shall be a te teme
3 t ml�t
to be resolved by meet and confer sessions between representatives of each i )f the partie
If no resolution can be agreed upon within 30 days after the first meet and confer sessio
the issue or issues shall be discussed at a public meeting of the Board of Coun
Commissioners. If the issue or issues are still not resolved to the satisfaction of the partie
then any party shall have the right to seek such relief or remedy as may be provided by th
Agreement or by Florida law. This provision does not negate or waive the provisions
paragraph 9.5 concerning termination or cancellation.
our--Jnrel*���
In the event any administrative or legal proceeding is instituted against either party relatil
to the formation, execution, performance, or breach of this Agreement, COUNTY a
CONSULTANT agree to participate, to the extent required by the other paraty, in
proceedings, hearings, processes, meetings, and other activities related to the substance
this Agreement or provision of the services under this Agreement. COUNTY a
CONSULTANT specifically agree that no party to this Agreement shall be required to ent
into any arbitration proceedings related to this Agreement. I
..........
a e; n y o e r o n ii
apply to the parties to, or the subject matter of, this Agreement.
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.
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employev-9
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 perso
company, corporation, individual, or firm, other than a bona fide employee working sole
for it, any fee, commission, percentage, gift, or other consideration contingent upon I
resulting from the award or making of this Agreement. For the breach or violati?n Of t
provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate th
Agreement without liability and, at its discretion, to offset from monies owed, or otherrwi
recover, the full amount of such fee, commission, percentage, gift, or consideration.
IN
111-Mea I I I I l�� �
IM-31111111111 W116"W11111"
inspection Or, all UOUUMUH1.6, �V�dptj[Z5, It::LLUQS OF OLIMI 111dLUIldib III ILZ5
control subject to the provisions of Chapter 119, Florida Statutes, and made or received
the CONSULTANT and COUNTY in connection with this Agreement; and the COUN
shall have the right to unilaterally cancel this Agreement upon violation of this provision
CONSULTANT. I
10,10, 10111 W Ilk I W-TIT, a, WIN
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
kv.?iver.
All of the privileges and immunities from liability, exemptions from laws, ordinances, are
rules and pensions and relief, disability, workers' compensation, and other benefits whicMa
apply to the activity of officers, agents, or employees of any public agents or employees
the COUNTY, when performing their respective functions under this Agreement within t
territorial limits of the COUNTY shall apply to the same degree and extent to t
performance of such functions and duties of such officers, agents, volunteers, or employe
outside the territorial limits of the COUNTY. I
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended t
nor shall it be construed as, relieving any participating entity from any obligation
responsibility imposed upon the entity by law except to the extent of actual and time
performance thereof by any participating entity, in which case the performance may
offered in satisfaction of the obligation or responsibility. Further, this Agreement is n
till;* �_ :::: ' n-@,r shall it be construed as authori inif the delevation of the constitutional
statutory duties of the COUNTY, except to the extent permitted by the Florida constitutio
state statute, and case law. I
ly*� L1 [*I Ll 0:4 4 4 Y-11 1! Lei 21
No person or entity shall be entitled to rely upon the terms, or any of them, of this
;k%
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Mft121VAWQ1VA1W�W0J 0 0 a , a ^ 0 . , 11AIVaRl B! R a
emp oyee OT eltr MGM
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.
CONSULTANT agrees to execute such documents as COUNTY may reasonably requir
including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Fre
Workplace Statement. Signature of this Agreement by CONSULTANT shall act as th
execution of a truth in negotiation certificate stating that wage rates and other factual ul
costs supporting the compensation pursuant to the Agreement are accurate, complete, an 0
current at the time of contracting. The original contract price and any additions thereto sh
be adjusted to exclude any significant sums by which the agency determines the contra
price was increased due to inaccurate, incomplete, or concurrent wage rates and oth
factual unit costs. All such adjustments must be made within one year following the end
the Agreement. I
No covenant or agreement contained herein shall be deemed to be a covenant or
9,greement 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.
9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of
the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with COUNTY funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement. The COUNTY and its
CONSULTANT agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with applicable federal and state
laws and regulations to ensure that the DBE's have the opportunity to compete for
and perform contracts. The COUNTY and the CONSULTANT and subcontractors
shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of contracts, entered pursuant to this Agreement.
lair, A 11 IN . 9 -
a). Appendix I of the FDOT Standard Professional Services Agreement is included as Attachment
B.
b). The CONSULTANT and any sub -consultants shall not discriminate on the basis of race, color,
national origin or sex in the performance of this contract. The CONSULTANT shall carry out
applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT -assisted
contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of
this contract, which may result in the termination of this contract or such other remedy as the
COUNTY deems appropriate.
c), CONSULTANT will comply, and ensure its sub -consultants will comply, with the Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered
Transactions in 49 C.F.R. Part 29, when applicable.
d). Equal Employment Opportunity: In connection with the carrying out of any project, the
CONSULTANT shall not discriminate against any employee or applicant for employment
because of race, age, religion, color, sex national origin, disability or marital status. The
CONSULTANT will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion color,
gender, national origin, disability or marital status. Such action shall include, but not be limited to,
the following: employment upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship.
e). The CONSULTANT and all sub -consultants agree to utilize the U.S Department of Homeland
Security's E-verify System to verify the employment eligibility of all new employees hired by the
CONSULTANT or sub -consultants during the term of the contract.
f). The CONSULTANT will complete and submit the FDOT Anticipated DBE Participation
Statement Form No. 275-030-11 A to identify DBE participation as outlined in Paragraph 9.29,
I rd to) 04*1 Lei gro I INDUTIMRM a WME a KRIMENDIZZ a UQUIN Is OWL$ I n I A I KTITJ I q I a; I I Kom
5 a was 0
r-.1 la Kyle) I R I A In I &A iWA01 I I &j Lola M Lo -I-
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
NMI
FTATMI
M-
Date: I -7 - 2014
(Seal)
Attest:
BY:
Title:
CONSU:LTANj-
ell
By: A -die,
Title: not iffoa
I il I WMAM
I BMW UM tol
s
EAC Consulting, Inc.
Position
Billing Rate
Principal
$
225.00
Project Director
$
215.00
Project Manager
$
190.00
Snr. Bridge Engineer
$
188.00
Snr. Civil Engineer
$
185.00
Project Engineer
$
125.00
Sr. Engineering Technician
$
95.00
Engineering Technician
$
85.00
Resident Engineer
$
80.00
Sr. Engineer Inspector
$
86.00
Engineer Inspector
$
72.00
Clerical
$
50.00
a
TEMY-0-MMERALAID-CONTRACTS JAPRENQL
The following terms apply to all contracts in which it is indicated in Section 6.13 of the Standard Professional Services
Agreement that the services involve the expenditure of federal funds:
A. It is understood and agreed that all rights of the Department relating to inspection, review, approval, patents,
copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this
Agreement shall also be reserved and hold by authorized representatives of the United States of America.
lgIt 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
Department of Transportation, anything to the contrary in this Agreement not withstanding.
C. Compliance with Regulations: The Consultant shall comply with the Regulations of the U.S. Department of Transportation
Title 49, Code of Federal Regulations, Part 21, as they may be amended from firne to time, (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this Agreement,
D. Nondiscrimination; The Consultant, with regard to the work performed during the contract, shall not discriminate on the
basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of
subcontractors, including procurements of material and leases of equipment, The Consultant will not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth In Appendix B of the Regulations,
E. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the
Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including
procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis
of race, color, national origin, sex, age, disability, religion or family status.
F. Information and Reports: The Consultant will provide all Information and reports required by the Regulations, or directives
issued pursuant thereto, and will permit access to its book,,:;, records, accounts, other sources of Information, and its
facilities as may be determined by the Florida Department of Transportation. Federal Highway AdFri-inistralion, Federal
Transit Administration, Federal Aviation Administration. and/or Federal Motor Carrier Safety Administration to be pertinent to
ascertain compliance with such Regulations, orders and instructions. Where any Information required of the Consultant is in
the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the
Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation
Administration, and/or the Federal Motor Carrier Safety Administrationas appropriate, and shall set forth what efforts it has
made to obtain the information,
G, Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this
contract, the Florida Department of Transportation shall Impose such contract sanctions as it or the Federal Highway
Administration, Federal Transit Administration. Federal Aviation Administration, indlor 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.
K Incorporation or Provisions;
The Consultant will Includ(.1 the Provisions of Parngnaph C through H In every subcontract,
including procurements of materials and leases of equipment unless exernipt by the Regulations, order, or instructions
Issued pursuant thereto. The Consultant will take such action with respect to any subcontract or procurement as the
Florida Department of Transportation, Fedora) Highway Administration, Federal Transit Adminisirallion, Federal Aviation
Administration. antilor the Federal Motor Canner Safety Administration may direct as a means of enforcing such
provisions, including sanctions for noncompliance. In the avent a Consultant become,; involved in, or is threatened with,
litigation with a subcontractor or supplier as a rosult 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 t , he 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 therefrorn.
Interest of Public Officials; No member, officer, or employee of the public body or of a local public body during his tenure
or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes
of this provision, public body shall include municipalities and other political subdivisions of States: and public corporations,
boards, and commissions established under the laws of any State.
KParticipation by Disadvantaged Business Enterprises: -rho Consultant shall agree to abide by the following statement from
49 CFO 26,13(b), This statements shall be included in all subsequent agreements between the Consultant and any
subconsultanL or contractor.
The Consultant, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of ;his contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of DOT -assisted contracts, Failure by the Consultant to carry out these
requirements is a material breach of this contract, which may result in termination of this contract or other such
remedy as the recipient deems appropriate.
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.
It is understood and agreed that if the Consultant at any time teams 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 (;onsullant shall provide immediate written notice to the Department, It is further agreed that the clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered
Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all lower tier covered
transactions and in all aforementioned federal regulation.
N. 'rho Department hereby certifies that neither the consultant nor the consultant's representative has been required by the
Department, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this
contract, to
employ or retain, or agree to employ or retain, any firm or person, or
2, pay, or agree to pay, to any firm, person, or organization, any fop, contribution, donation, or consideration of any kind:
The Department further acknowledges that this agreement will be furnished to a federal agency, in connection with this
contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and
CIVIL
o. The Consultant hereby certifies that it has not:
employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or
person (other than a bona fide employee working solely for the above contractor) to solicit or secure this contract;
2, agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or
person in connection with caning out this contract; or
3. paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for the
above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with, procuring or
carrying out the contract.
7 lie consultant further arknowIncigns that this agreement will be furnished to the State of Florida Department of
Transportation and a federal agency in connection with this contrast involving participation of Federal -Aid funds, and
subject to applicable State and Fmk.-ral Laws, both criminal and civil,
Certification for Disclosure of Lobbying Activities on Federal Aid Contracts
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion f] Federal Aid Contracts
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-33
PROCUREMENT
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES 10/01
ON FEDERAL -AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
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
lip-ithpir i J iijIg j ijg �r - ress, or an ernw1oge of a Member of Con ress in
4ee of Cong
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
i ot em ress in connection ,#IoV_,ee of a Member of Cong
with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
(Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional
Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into 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.
Name of Consultant:
By: ate:
Authorized Signature:
Title: Qve-_ vhf.)kcuy-�- C_\o�� _C_y"yVP_nrC1
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 oragency.
Name of Consultant:
By —^~— ~------� Date
Authorized Signature
Tide: \7��
1.wysigning and submitting this certification with the proposal, the prospective lower tier participant is providing the certification
set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. |fi,islater 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.
1 The prospective lower tier participant shall provide immediate written notice to the person towhich this proposal iosubmitted- If
at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become
erroneous byreason ofchanged circumstances.
4. The terms'covered transaction', 'debarred', 'suspended', 'ineligible', 'lower tier covered transaction','participant', 'person', primary
covered transaction', 'principal', 'proposal', and 'voluntarily excluded', as used in this clause, have the meanings set out in the
Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this
proposal is being submitted for assistance in obtaining a copy of those regulations-
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowinpl� enter into aw lower tier covered transaction with a arson who is debarred, suspended, declared
TRIM" V-11PHL&IIIJ
which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Appendix B:
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which
is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the Department may pursue
available remedies, including suspension and/or debarment.