03/21/2018 Contracta
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: March 28, 2018
TO: Tammy Sweeting
Executive Assistant
FROM: Pamela G. Hancock, D.C.
SUBJECT: March 21" BOCC Meeting
Enclosed are two duplicate originals of Item C5, (Raymond Sanders) Contract with WSP
USA, Inc., for the Construction Engineering and Inspection Services for the Big Pine Water Observation
Platform & Reynolds Street Pier Improvements, for your handling.
Should you have any questions, please feel free to contact me at extension 3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305-294-4641 305-289-6027 305-852-7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305-852-7145
AGREEMENT FOR
CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR THE
SCENIC HIGHWAY OVERLOOKS AT THE BIG PINE WATER OBSERVATION PLATFORM
AND REYNOLDS STREET PIER
This Agreement ( "Agreement ") made and entered into this 21 day, of March,.2018 by and
between Monroe County, a political subdivision of the State of Florida, whose address is 1100.
Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as
"COUNTY," through the Monroe County Board of County Commissioners ( "BOCC "),
AND
WSP USA Inc., a foreign corporation of the State of New York, authorized to do business in
the State of Florida, whose address is 7650 Corporate Center Drive, Suite 300, Miami, Florida
33126 its successors and assigns, hereinafter referred to as "CONSULTANT" or "CONTRACTOR ".
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONSULTANT
construction engineering and inspection (CEI) services for the Scenic Highway Overlooks at the
Big Pine Water Observation Platform and Reynolds Street Pier (Collectively referred herein as
"Project "); and
WHEREAS, CONSULTANT has agreed to provide professional services, which shall
include but not be limited to, CEI services for the entire Project ,
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
FORM OF AGREEMENT
0:41115910:2 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes. the following express representations and
warranties to the COUNTY:
1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT's duties
hereunder have been fully satisfied;
1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under
which the Work is to be completed.
1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a
manner that they shall be accurate, coordinated and adequate for use in verifying work
-1-
completed and shall be in conformity and comply with all applicable law, codes and
regulations. The CONSULTANT warrants that the documents prepared as a part of this
Agreement will be adequate and sufficient to document costs in a manner that is acceptable
for reimbursement by government agencies, therefore eliminating any additional cost due to
missing or incorrect information; Notwithstanding the foregoing, Consultant shall render the
services consistent with the standard of care, skill and diligence exercised by members of
the same profession providing similar services under similar conditions at the locale of the
Project and at the time the services are to be performed. Consultant's standard of care
shall not be altered by the application, interpretation or construction of any other provision
of this Agreement.
1.1.4 The CONSULTANT assumes full responsibility to the extent required by this Agreement
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. 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 COUNTY or BOCC. 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 BOCC or COUNTY.
1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
in its recruiting, hiring, promoting, terminating, or any other area affecting employment
under this Agreement or with the provision of services or goods under this
Agreement.
1.1.8 The CONSULTANT shall complete the scope of services defined herein no later than Thirty
(30) days after Final Completion of the Project by the general contractor.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONSULTANT's Scope of Basic Services consists of those described in Attachment A. The
CONSULTANT shall commence work on the services provided for in this Agreement
promptly upon his receipt of a written notice to proceed from the COUNTY.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES, AND CONFLICTS
The CONSULTANT shall, without additional compensation, promptly correct any Services
which do not comply with the standard of care of the CONSULTANT or its subconsultants,
or both.
-2-
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:
Ray Sanders
Monroe County Project Manager
1100 Simonton Street, Room 2 -216
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2 -205
.Key West, Florida 33040
For the Consultant:
Mr. Kennith Spillett, PE
WSP USA Construction Services Manger - Florida
7650'Corporate Center Drive, Suite 300
Miami, Florida 33126
ARTICLE III
CHANGES AND MODIFICATIONS
3.1 The terms of this Agreement may be modified by written amendment if the COUNTY
determines that there is a significant change in 1) the scope, complexity, or character of
work related to this Agreement, or 2) the schedule for performing the work, or 3) the
compensation due the CONSULTANT. Should the COUNTY. require a contract modification
it 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 and Florida Department of Transportation
before commencement.
3.2 If additional work is required, the COUNTY shall issue a letter requesting and describing
the requested work to the CONSULTANT. The CONSULTANT shall respond with a fee
proposal to perform the requested work. Only after receiving an amendment to the
Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed
with the additional work.
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 and 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 negligent acts, errors or omissions of the
-3-
Consultant or non - conformance with the Agreement Documents. Written notice shall be
deemed to have been duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information . and services and shall render,
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such documents are
generally consistent with the COUNTY's criteria, as, and if, modified. No review of such
documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy,
fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the work.
4.7 Any information that maybe of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION, HOLD HARMLESS AND DEFENSES
5.1 To the fullest extent permitted by law, the State of Florida, Department of Transportation's
(FDOT)'s consultant shall indemnify and hold harmless FDOT and Monroe County, and its
officers and employees, from liabilities, damages losses and costs, including but not limited
to, reasonable attorney's fees, to the extent. caused ' by the negligence, recklessness or
intentional wrongful misconduct of the consultant and persons employed or utilized by the
consultant in the performance of this Agreement.
This indemnification shall survive the termination of this Agreement. Nothing contained in
this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the
COUNTY's sovereign immunity.
5.2 Indemnification, Hold Harmless and Defense. The CONSULTANT covenants and
agrees to indemnify, hold harmless and defend Monroe County, its Commissioners,
officers, employees, agents and servants from any and all claims for bodily injury, including
death, personal injury, and property damage, including damage to property owned by
Monroe County, and any other losses, damages, and expenses of any kind, including
attorneys' fees, costs and expenses, which arise out of, in connection with, or by reason of
services provided by the CONSULTANT or any of its Subconsultant(s) in any tier,
occasioned by the negligence, recklessness, or intentionally wrongful conduct of the
Consultant, or its Subconsultant(s) in any tier, their officers, employees, servants or agents.
- in the event that 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. 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 CONSULTANT shall hold the
COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further
defend any claim or action on the COUNT_ Y's behalf. The first ten dollars ($10.00) of
remuneration paid to the CONSULTANT is consideration for the indemnification provided
for above.
-4-
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. This indemnification shall survive
the expiration or earlier termination of the Agreement.
5.3 In the event that 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. 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 CONSULTANT shall hold the
County harmless and shall indemnify it from all losses occurring thereby and shall further
defend any claim or action on the COUNTY's behalf.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service concerning
the Project. At the time of execution of this Agreement, the parties anticipate that the
following named individuals will perform those functions as indicated:
NAME FUNCTION
Pomsit (Pom) Chakkaphak, PE Senior Project Engineer
Keith Duke Project Administrator /Contract Support Specialist
Roy Allen Inspector
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they are
replaced the CONSULTANT shall notify the COUNTY of the change immediately.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT monthly. in current funds for the
CONSULTANT's performance of this Agreement based on the hourly rates outlined in
Attachment B. The Total Not to Exceed Amount of One Hundred Fifty -Seven Thousand
Seven Hundred Twenty-Five Dollars and Fifty -Six Cents ($157,725.56) will apply to this
Agreement.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth
herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the
Local Government Prompt Payment Act, Section 218.70, Florida Statutes.
-5-
(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; and
c. Postage and handling of reports.
7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to receive and shall not incur any costs in excess
of, 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 COUNTYss
BOCC. The budgeted amount may only be modified by an affirmative act of the COUNTY's
BOCC.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the BOCC and the approval of the Board members at the time
of contract initiation and its duration.
ARTICLE VIII
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance
at all times that this Agreement is in effect. In the event the completion of the project (to
include the work of others) is delayed or suspended as a result of the CONSULTANT's
failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify
the COUNTY from any and all increased expenses resulting from such delay.
8.2 The coverage ,provided herein .shall be provided by an insurer with an A.M. Best rating of VI
or better, that is licensed to business in the State of Florida and that has an agent for
service of process within the State of Florida. The coverage shall contain an endorsement
providing thirty (30) days' notice to the COUNTY and FDOT prior to any cancellation of said
-6-
coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and
shall be in a form acceptable to the COUNTY..
8.3 CONSULTANT shall obtain and maintain the following policies:
-7-
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
SCENIC HIGHWAY OVERLOOKS AT THE BIG PINE WATER OBSERVATION PLATFORM
AND REYNOLDS STREET PIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
WSP USA INC.
Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers'
Compensation Insurance with limits sufficient to respond to the applicable state statutes and the
requirements of Florida Statutes, Chapter 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved. by the Florida's Department of Labor, as an authorized self -
insurer, the County shall recognize and honor the Contractor's status. The Contractor may ' be
required to submit. a Letter of Authorization issued by the Department of Labor and a Certificate of
Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self - insurance fund, a Certificate of Insurance will be required. In
addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
I:IN
.GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
SCENIC HIGHWAY OVERLOOKS AT THE BIG PINE WATER OBSERVATION PLATFORM
AND REYNOLDS STREET PIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
WSP USA INC.
Prior to the commencement of work governed by this contract, the Contractor _shall obtain General
Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as
a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
The minimum limits acceptable shall be:
$500,000 Combined Single Limit
An Occurrence Form policy is preferred. If coverage is 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 should extend for a minimum of twelve (12)
months following the acceptance of work by the County.
The Monroe County Board of County Commissioners will be named as Additional Insured on all
policies issued to satisfy the above. requirements.
u
BUSINESS AUTOMOBILE LIABILITY
INSURANCE REQUIREMENTS
FOR
SCENIC HIGHWAY OVERLOOKS AT THE BIG PINE WATER OBSERVATION PLATFORM
AND REYNOLDS STREET PIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
WSP USA INC.
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Business Automobile Liability Insurance.
Coverage will be maintained throughout the life of the contract and include, as a minimum, liability
coverage for:
• Owned, Non - Owned, and Hired Vehicles.
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County Board of County Commissioners will be named as Additional Insured on all
policies issued to satisfy the above requirements.
-10-
PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR
SCENIC HIGHWAY OVERLOOKS AT THE BIG PINE WATER. OBSERVATION PLATFORM
AND REYNOLDS STREET PIER
BETWEEN
MONROE COUNTY, FLORIDA
AND
WSP USA INC.
Recognizing that the work governed by this contract involves the furnishing of advice or services of
a professional nature, the Contractor shall purchase and maintain, throughout the life of the
contract, Professional Liability Insurance which will respond to damages resulting from any claim
arising out of the performance of professional services. or any error or omission of the Contractor
arising out of work governed by this contract.
The minimum limits of liability shall be
$500,000 per Occurrence / $1,000,000 Aggregate
If coverage is provided on a claims made basis, an extended claims reporting period of four (4)
years will be required.
- 11 -
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY and
may be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners
for Monroe County and the CONSULTANT, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this agreement. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
rights in favor of, any third party.
9.5 . TERMINATION FOR CAUSE, CONVENIENCE, AND,DEFAULT
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five (5)
days written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
C. By satisfactory completion of all services and obligations described herein upon
COUNTY's final approval.
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Qualifications, any addenda, the Form of
Agreement (Articles I -IX), the CONSULTANT's response to the RFQ, the documents
referred to in the Form of Agreement as a part of this Agreement, and attachments A, B, C,
D and E , and modifications made after execution by written amendment. In the event of any
-12-
conflict between any of the Contract documents, the one imposing the greater burden on
the CONSULTANT will control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on contracts to provide any goods or services to
a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017 of the
Florida Statutes, for CATEGORY TWO for a period of thirty -six (36) months from the date of
being placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid
hereto, and may,result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subconsultant has committed an act defined
by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved or whether CONSULTANT has been placed on the convicted
vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS
CONSULTANT, shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five (5) years from
the termination of this Agreement. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to. such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for five (5) years following the termination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the CONSULTANT, the CONSULTANT shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the.date the
monies were paid by the COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that
-13-
venue shall lie in the 16 Judicial Circuit, Monroe County; Florida, in the appropriate court
or before the appropriate administrative body. This agreement_ shall not be subject to
arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall
be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
- 9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the
Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
9.11 ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement
or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, and out -of- pocket expenses, as an award against the non -
prevailing party, and shall include attorney's fees, courts costs, and out -of- pocket
expenses in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate. action, as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement; provided
that all applications, requests, grant proposals, and funding solicitations shall be approved
by each party prior to submission.
9.15 ; ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted
to be resolved by meet and confer sessions between representatives of each of the parties.
If the issue or issues are still not resolved to the satisfaction of the parties, then any party
-14-
shall have the right to seek such relief or remedy as may be provided by this Agreement or
by Florida law. This Agreement is not subject to arbitration. This provision does not negate
or waive the provisions of paragraph 9.5 concerning termination or cancellation.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, COUNTY and
CONSULTANT agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and activities related to the substance of
this Agreement or provision of the services under this Agreement. COUNTY and
CONSULTANT specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
9.17 NONDISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against any person,
and it is expressly understood that upon. a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective date of the court order.. CONSULTANT
or COUNTY agrees to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited
to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on
the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972,,
as amended (20 USC ss. 1681 -1683, and 1685- 1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616),
as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title
Vlll of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the ' sale, rental or. financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter
13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status or
age; 11) Any other nondiscrimination provisions in any Federal or state statutes which- may
apply to the parties to, or the subject matter of, this Agreement..
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant .that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement
-15-
9.19 CODE OF ETHICS
COUNTY agrees that officers and .employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse
of public position, conflicting employment or contractual relationship; and disclosure or use
of certain information.
9.20 NO SOLICITATION /PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely for it,
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company' corporation, individual, or firm, other than a bona fide employee working solely
for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the.
provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
9.21 PUBLIC RECORDS COMPLIANCE
Contractor must comply with Florida public records laws, including but not limited to
Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The
County and Contractor shall allow and permit reasonable access to, and inspection of, all
documents, records, papers, letters or other "public record" materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Contractor in conjunction with this contract and related to
contract performance. The County shall have the right to unilaterally cancel this contract
upon violation of this provision by the Contractor. Failure of the Contractor to abide by the
terms of this provision shall be deemed a material breach of this contract and the County
may enforce the terms of this. provision in the form of a court proceeding and shall, as a
prevailing party, be .entitled to reimbursement of all attorney's fees and costs associated
with that proceeding. This provision shall survive any termination or expiration of the
contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law
in order to comply with this provision.
Pursuant to F.S. Sec. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law.
-16-
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the Contractor
transfers all public records to the County upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
County, upon request from the County's custodian of records, in a format that
is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the County or allow
the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance with
the contract, notwithstanding the County's option and right to unilaterally
cancel this contract upon violation of this provision by the Contractor. A
Contractor who fails to provide the public records to the County or pursuant to
a valid public records request within a reasonable time may be subject to
penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision or
as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470
BRADLEY- BRIAN @MONROECOUNTY- FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
9.22 NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial
liability insurance coverage, self - insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any contract entered into by the COUNTY be required to contain any provision for
waiver.
-17-
9:23 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of
the COUNTY, when performing their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor
shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida constitution,
state statute, and case law.
9.25 NON - RELIANCE BY NON - PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit
of any service or program contemplated hereunder, and the CONSULTANT and the
COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the
execution of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete, and -
current at the time of contracting. The original contract price and any additions thereto shall
be adjusted to exclude any significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one (1) year following the end
of the Agreement.
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken. together shall constitute one and the same
instrument and any of the parties hereto may execute.this Agreement by signing any such
counterpart.
9.29 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION
It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as
amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with COUNTY funds under this Agreement. The DBE
requirements of applicable federal and state laws and regulations apply to this
Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have
the opportunity to participate in the performance of this Agreement. In this regard, all
recipients and contractors shall take all necessary and reasonable steps in
accordance with applicable federal and state laws and regulations to ensure that the
DBE's have the opportunity to compete for and perform contracts. The COUNTY and
the CONSULTANT and subcontractors shall not discriminate on the basis of race,
color, national origin or sex in the award and performance of contracts, entered
pursuant to this Agreement.
9.30 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS
The following forms and provisions are incorporated in and made a part of this contract.
a). Appendix I of the FDOT Standard Professional Services Agreement is included as
Attachment C.
b). The CONSULTANT and any sub - consultants shall not discriminate on the basis of
race, color, national origin or sex in the performance of this contract. The
CONSULTANT shall carry out applicable requirements of 49 C.F.R. Part 26 in the
award and administration of DOT - assisted contracts. Failure by the CONSULTANT to
carry out these requirements is a material breach of this contract, which may result in
the termination of this contract or such other remedy as the COUNTY deems
appropriate.
c). CONSULTANT will comply, and ensure its sub - consultants will comply, with the
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Covered Transactions in 49 C.F.R. Part 29, when applicable.
d). Equal Employment Opportunity: In connection with the carrying out of any project,
the CONSULTANT shall not discriminate against any employee or applicant for
employment because of race, age, religion, color, sex national origin, disability or
marital status. The CONSULTANT will take affirmative action to ensure that
applicants are employed and that employees are treated during employment without
regard to their race, age, religion, color, gender, national origin, disability or marital
status. Such action shall include, but not be limited to, the following: employment
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. https: / /www.eeoc.gov /eeoc /internal eeo/
-19-
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. https:He- verifV.uscis.gov /web /Login.aspx
f). The CONSULTANT will identify DBE participation as outlined in Paragraph 9.29,
Disadvantaged Business Enterprise (DBE) Policy and Obligations. The CONSULTANT
will utilize the FDOT Equal Opportunity Compliance (EOC) web based application
http: / /www. dot. state. fl. us /equalopportunityoffice /eoc.shtm designed to manage the
DBE Program and ensure compliance of DBE reporting. The EOC
Contractor /Consultant module is for Prime Contractors and Consultants to report their
Bidder Opportunity List, DBE Commitments, and DBE Sub - payments. The Prime
Contractor /Consultant is responsible for DBE reporting on Construction, Maintenance,
Professional Services and Local agency contracts. During the contract, the
CONSULTANT is required to report actual payments to DBE and MBE subconsultants
through the web -based Equal Opportunity Compliance (EOC) system. All DBE
payments must be reported whether or not you initially planned to utilize the company.
In order for our race neutral DBE Program to be successful, your cooperation is
imperative. If you have any questions, please contact EOOHelp @dot.state.fl.us. FDOT
has a race neutral program with a 9.91 % goal. While DBE utilization is not mandatory
in order to be awarded the contract, continuing utilization of DBE firms on contracts
supports the success of Florida's DBE Program.
g). The CONSULTANT will adhere to all applicable requirements outlined in the Local
Agency Program (LAP) Agreement between FDOT and Monroe County for this project.
A copy of the LAP Agreement Exhibit "A" is included as Attachment D.
h). The CONSULTANT will complete and submit the most current version of the
following FDOT forms included in Attachment E:
Form Number
Form Name
375 - 030 -30
Truth in Negotiation Certification
375 - 030 -50
Conflict of Interest Certification
375 - 030 -32
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion for Federal Aid Contracts
375 - 030 -33
Certification for Disclosure of Lobbying Activities on Federal Aid
Contracts
375 - 030 -34
Standard Form -LLL, Disclosure of Lobbying Activities if required)
i). The COUNTY will perform a CONSULTANT evaluation in accordance with FDOT
requirements utilizing the appropriate FDOT form after final acceptance as part of the
project closeout process.
j). Acquisition of tangible capital assets for COUNTY ownership through service
contracts is normally not acceptable. The requirements of Rule 60A- 1.017, F.A.C., must
be considered when this is necessary. Property acquired as part of a service contract
must be handled in accordance with FDOT Procedure No. 350 - 090 -010, Tangible
Personal Property Procedure.
-20-
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.
K, Clerk
By. w► -.-u.�
Clerk
Date MZA Zl d o 1
(Seal) -
Attest:
By:
Printed Name: AL A aS
Title: self ° *-N1
Date: M VZJ'1 S 9 D 16
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By.
Mayor /Chairman
CONSULTANT WSP USA INC.
By
Pri
tt, P.E.
Title: Construction Services M anager - Florida
Date March 5. 2018
END OF AGREEMENT
MONROE COUNTY ATTORNEY
P OVED AS TO FO M
CHRIS A BROSIO
ASSIS A T CO TY
Date: •
-21-
tJ
Cr
a)
..
.
C-)
UJ
Cr_
a-
ca o
:2_ .
N
MONROE COUNTY ATTORNEY
P OVED AS TO FO M
CHRIS A BROSIO
ASSIS A T CO TY
Date: •
-21-
ATTACHMENT A'
SCOPE OF BASIC SERVICES
1.0 The Board of County Commissioners of Monroe County, Florida, (COUNTY) requires the
services of a firm or individual to provide construction engineering and inspection' (CEI)
services during construction of the Scenic Highway Overlooks at the Big Pine Water
Observation Platform and Reynolds St. Pier ( "Project "). The Project will be funded through
a Local Agency Program (LAP) Agreement.with the Florida Department of Transportation
(FDOT). Therefore all Federal Highway Administration regulations and guidelines for use of
federal funds apply. Respondents must be pre- approved by FDOT for Work Group 10.3
Construction Material Inspection and 10.4 Minor Bridge & Miscellaneous Structures,
Construction Engineering Inspection services.
The Scope of Work shall include, but not be limited to the construction of two Scenic
Highway Overlooks in Monroe County, Florida as part of the Overseas Heritage Trail
System.
The Scope of Work for the Overlook at Big Pine Community Park in Big Pine Key consists
of the construction of a Scenic Highway Overlook at Big Pine Community Park in Big Pine
Key consists of the construction of the Big Pine Water Observation Platform including
installation of wood piles, wood framing and decking, wood railing system, interpretive sign
panels, viewing scopes, concrete approach path and connection to existing pathway,
drainage pipe and minor swale reconstruction, benches, LED solar lighting, sod and tree
removal: Work includes maintaining environmental controls and maintenance of traffic,
including pedestrian walkways, and all work shown and listed in the Project Drawings and
Project Manual.
The Scope of Work for the Scenic Highway Overlook at Reynolds Street Pier shall include,
but not be limited to the rehabilitation of the existing pier and the construction of a
pedestrian plaza at the entrance to the pier. Work shall involve the installation of new
fiberglass decking, stainless steel and wooden handrails, interpretive sign panels, viewing
scopes, replacement of two existing stairways leading into the. water with new pre -
engineered stainless steel stairs, reconstruction of the elevated concrete ramp to the pier,
replacement of the existing sidewalk, installation of a pre- fabricated shelter pavilion,
benches, concrete slabs, landscaping, tree grates and relocation of existing palm trees.
Demolition and removal of the existing pier decking and approach slab are also included.
Work includes maintaining environmental controls and maintenance of traffic, including
pedestrian walkways, and all work shown and listed in the Project Drawings and Project
Manual.
The Scope of Work consists of all related construction as shown on the Drawings and
included in the Technical Specifications.
The CEI shall note that the project requires a professional archaeologist who meets the
Secretary. of Interior's Historic Preservation Professional Qualification Standards for
Archaeology (48 FR 44716, as amended and annotated) to monitor construction. The
details for this monitoring requirement are contained in a note within the construction plans.
The CEI shall be responsible for inspections to ensure that a qualified archaeologist.
has been retained and is on -site to monitor construction activities in conformity with
the stipulations of the contract plan note.
-22-
The project is being administered through the Florida Department of Transportation's
(FDOT'S) Local Agency Program (LAP); the Consultant will comply with all LAP
requirements.
2.0
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 Department's Resident Engineer and Project
Administrator respectively and shall be interpreted as such.
Services provided by the Consultant shall comply with the LAP requirements, 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 single Construction Contract, it is a conflict of interest for a professional 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 subconsultants performing work or
providing services pursuant to the Contract to likewise utilize the U.S. Department of
Homeland Security's E- Verify system to verify the employment eligibility of all new
employees hired by the subconsultant during the Contract term.
LENGTH OF SERVICE
The Consultant services for the Construction Contract shall begin upon written notification
to proceed by County.
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 to proceed by the County has been
issued, the Consultant shall be ready to assign personnel within two (2) 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 Contractor activities.
For estimating purposes, the Consultant will be allowed an accumulation of thirty (30)
working .days to perform preliminary administrative services prior to the issuance of the
Contractor's notice to proceed and thirty (30) calendar days to demobilize after final
acceptance of the Construction Contract.
Milestone Dates / Length of Service
Please note the following special milestone dates:
Negotations Completed By
BOCC Award Date (Anticipated)
CEI Contract Award (Anticipated)
CEI Contract Duration (Anticipated)
March 6, 2018
March 21, 2018
April 21, 2018
210 days
-23-
3.0 DEFINITIONS
A. Resident Engineer The Engineer assigned to a particular Project or area to
administer Construction Contracts for the County.
B. Construction Proiect 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 the
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. Agreement 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, and the basis of
payment.
F. Consultant Senior Project 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 Consultant.
G. Consultant Project Administrator The employee assigned by the Consultant to be in
charge of providing Construction Contract administration services for one or more
Construction Projects.
H. Contractor The individual, firm, or company contracting with the County for
performance - of work or furnishing of materials.
I. Construction Contract The written agreement between the County and the
Contractor setting forth the obligations of the parties thereto, including but not
limited to the performance of the work,. furnishing of labor and materials, and the
basis of payment.
J. CPAM Florida Department of Transportation, Construction Project Administration
manual; latest.
K. Department Florida Department of Transportation.
L. F.D.O.T. Florida Department of Transportation.
M. County: Monroe County Board of County Commissioners.
4.0 REQUIREMENTS
4.1 General
-24-
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 the progress and
quality of work, identify discrepancies, report significant discrepancies to the County,
and direct the Contractor to correct such observed discrepancies.
The Consultant is hereby designated by the County to negotiate Supplemental
Agreements. However, the Consultant must seek input from the Construction
Project Manager. The Consultant shall prepare the Supplemental Agreement as a
recommendation to the County, which the County, may accept, modify or reject upon
review. The Consultant shall consult with the Construction Project Manager, as it
deems necessary. and shall direct all issues, which exceed its'delegated authority to
the Construction Project Manager for County action or direction.
The Consultant shall advise the Construction Project Manager of any significant
omissions, substitutions, defects, and deficiencies noted in the work of the
Contractor and the corrective action that has been directed to be performed by the
Contractor. Work provided by the Consultant shall not relieve the Contractor of
responsibility for the satisfactory performance of the Construction Contract..
4.2 Survey Control
The Consultant shall check or establish the survey control baseline(s) along with
sufficient baseline control points and bench marks at appropriate intervals along the
project in order to: (1) make and record 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 Senior
Project Engineer will establish the specific survey requirements for 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 Contractor's on -site construction activities and
inspect materials entering into the work in accordance with the plans, specifications,
and special provisions for the Construction Contract to determine that the projects
are constructed in reasonable conformity with such documents. The County will
monitor all off -site activities and fabrication. The Consultant shall keep detailed
accurate records of the Contractor's daily operations and of significant events that
affect the work. Consultant shall be responsible for monitoring and inspection of
Contractor's Work Zone traffic control plan and review of modifications to the Work
Zone Traffic Control Plan, including alternate Work Zone Traffic Control Plan, in
accordance with F.D.O.T. procedures. Consultant employees performing such
services shall be qualified in accordance with F.D.O.T. department procedure.
-25-
4.4
Sampling and Testing
The Consultant shall perform sampling and testing of component materials and
completed work in accordance with the Construction Contract documents. The
minimum sampling frequencies set out in the Department's Materials Sampling,
Testing and Reporting Guide shall be met. In complying with the aforementioned
guide, the Consultant shall provide daily surveillance of the Contractor's Quality
Control activities at the project site and perform the sampling and testing of
materials and completed work items that are normally done in the vicinity of the
project for verification and acceptance. 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 input verification testing information and data into the
Department's LIMS system database using written instructions provided by the
Department.
The Consultant will review and approve contractor samples in FDOT's LIMS system.
The Consultant shall be specifically responsible for job control .samples determining
the acceptability of all materials and completed work items on the basis of either test
results or verification of a certification, certified mill analysis, DOT. label, DOT stamp,
etc..
Sampling, testing and laboratory methods shall be as required by the Department's
Standard Specifications, Supplemental Specifications or as modified by the special
provisions of the Construction Contract.
4.5 Engineering Services
The Consultant shall coordinate the Construction Contract administration activities
of all parties other than the Contractor involved in completing the 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 shall perform the following services:
(1) Schedule and attend, within ten (10) days after the Notice to Proceed, a pre -
construction conference for the project in accordance with County and FDOT
LAP 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
-26-
proceedings of the pre - construction meeting and distribute copies of this
summary to the participants and other interested parties within seven (7)
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 written
review of the schedule identifying significant omissions, improbable or
unreasonable activity durations, errors in logic, and any other concerns as
detailed in CPAM.
(4) 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 for payment
purposes as needed to prevent delays in Contractor operations and ensure
prompt processing of such information in order for the County to make timely
payment to the Contractor.
(7) Provide Public Information services as required to manage inquiries from the
public, public officials, and the news media. Prepare newsletters for
distribution to adjacent property owners. The County Construction Project
Manager shall approve all notices, brochures, responses to news media,
etc., prior to release.
(8) Prepare and submit to the Construction Project Manager monthly, a
Construction Status Reporting System (CSRS) report.
(9) Schedule and conduct a meeting with the County Project. Management
Office at least forty -five (45) calendar days prior to project final acceptance.
The purpose of this meeting is . to discuss the required documentation,
including as- builts, necessary to close out the 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.
-27-
(d). Accidents showing damage.
(e). Unsafe working conditions.
(f). Unusual construction techniques.
(g). Damaged equipment or materials.
(h). Any activity, which.may result in claims.
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.
The taking of. the photographs shall begin the day prior to the start 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 with specifications
and special provisions of the Construction Contract in regard to payment of
predetermined wage rates in accordance with FDOT LAP Department
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.
(14) As needed, prepare and make presentation before the Dispute Review
Boards in connection with the project covered by this Agreement.
5.0 ITEMS TO BE FURNISHED BY THE COUNTY TO CONSULTANT
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.
1 Construction Documents (drawings, specifications).
2 Special Provisions.
3 Copy of the executed Construction Contract.
6.0 / ITEMS FURNISHED BY THE CONSULTANT
6.1 County Documents
M04-11
All applicable documents referenced herein this RFQ shall be a condition of this
Agreement.
6.2 Vehicles
Vehicles will be equipped with appropriate safety equipment and must be able to
effectively carry out requirements of this Agreement. Vehicles shall have the name
and phone number of the consulting firm visibly displayed on both sides of the
vehicle.
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.
Hard hats shall have the name of the consulting firm visibly displayed.
Equipment described herein and expendable materials under this Agreement will
remain the property of the Consultant 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 equipment 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 for equipment and
personnel operating equipment when licenses are required. The Consultant shall
make the license and supporting 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 of Health.
7.0 LIAISON.
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 input from the Construction Project
Manager in order for the Construction Project 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.
-29-
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, personnel performing a specific
task must have the qualifications required for the task.
Unless otherwise agreed by the County, the County will not compensate straight
overtime or premium overtime for the positions of Senior Project Engineer, Project
Administrator, Contract Support Specialist, and Associate Contract Support
Specialist.
8.2 Personnel Qualifications
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 (2) 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 (1) week of County notification.
Before the project begins, all project staff shall have a working knowledge of the
current CPAM and must possess all the necessary qualifications /certifications for
obtaining the duties of the position they hold. Cross training of the Consultant's
project staff is highly recommended to ensure a knowledgeable and versatile project
inspection team, 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 (6) months) and six (6) years of engineering experience
(two (2) years of which are in major road and bridge construction), or for non -
degreed personnel the aforementioned registration and ten (10) years. of
engineering experience (two (2) 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
-30-
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 examination.
Certifications None
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:
Qualifications FDOT Intermediate MOT; Pass the CTQP examination covering the
training video "Grouting of Bridge Post - tensioning Tendons" (If applicable) CTQP
Final Estimates Level II
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 (4) 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 judgment in planning work details and making
technical decisions related 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 II course and maintain a current
qualification.
-31 -
CEI SENIOR INSPECTOR/ CEI SENIOR ENGINEER INTERN
High school graduate or equivalent plus four (4) years of experience in construction
inspection, two (2) years of which shall have been in bridge and /or roadway
construction inspection.
Must have the following:
Qualifications
CTQP Concrete Field Inspector Level I
CTQP Concrete Transportation Construction Inspector (CTCI) Level II (all bridges)
CTQP Asphalt Roadway Level I (If applicable)
CTQP Asphalt Roadway Level II (If applicable)
CTQP Earthwork Construction Inspection Level I
CTQP Earthwork Construction Inspection Level II
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 (1) year of road & bridge CEI experience with
the ability to earn additional required qualifications within one (1) year. (Note: Senior
Engineer Intern classification requires one (1) 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 Staffing
Once authorized, the Consultant shall establish and maintain an appropriate staff
through the duration of construction and completion of the final estimate.
Responsible personnel, thoroughly familiar with all aspects of construction and final
measurements of the various pay items, 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 the Consultant at
all times while the Contractor is working. If Contractor operations are substantially
reduced or suspended, the Consultant will 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 allowed ten (10) days
maximum to demobilize, relocate,.or terminate such forces.
-32-
9.0 QUALITY ASSURANCE (QA) 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 QA provisions contained in this
Agreement. The semi - annual reviews shall be submitted to the Construction Project
Manager in written form no later than one (1) month after the review.
On short duration CCEI projects (nine (9) months or less), the CCEI shall perform
an initial QA review within the first two (2) months of the start of construction.
9.2 QA Plan
Within thirty (30) 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 achieve
organization compliance with Agreement requirements for services and
products.
C. Quality Records
The Consultant will outline the types of records, which will be 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 quality.
WIGIE
E. Quality Assurance Certification
An officer of the Consultant firm shall certify that the inspection and
documentation was done in accordance with FDOT specifications, plans,
standard indexes, and County 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 records shall indicate the nature
and number of observations made, the number and type of deficiencies found, and
the corrective actions taken. These 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 (3) sets of final as built plans documenting
Contractor's work (one record set with two copies) as follows:
(a) Within thirty (30) calendar days after final acceptance; or
(b) Where all items of work are complete and conditional /partial
acceptance is utilized (Lighting, Plant establishment, etc.) for a
period exceeding thirty (30) 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 of Project Management at final acceptance detailing any
necessary . revisions to the pay items covered under the
conditional /partial acceptance.
The Consultant shall be responsible for making any revisions to the Certified Final
Estimate.
10.2 Certification
Consultant personnel preparing the Certified Final Estimate Package shall be CTQP
Final Estimates Level II qualified.
Duly authorized representative of the Consultant firm will provide a 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 engineering surveys, materials
icLE
testing, or specialized professional services.
12.0
13.0
14.0
15.0
16.0
OTHER SERVICES
Upon written authorization by the Director of Project 'Management or designee, the .
Consultant will perform additional services in connection with the project not 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 the Consultant services under this
Agreement.
A. Assist in preparing for arbitration hearings or litigation that occurs during the
Agreement time in connection with the construction project covered 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.
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.
CONTRADICTIONS
In the event of a contradiction between the provisions of this Scope of Services and the
Consultant's proposal as made a part of their Agreement, the provisions of the Scope of
Services shall apply.
THIRD PARTY BENEFICIARY
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.
COUNTY AUTHORITY
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.
-35-
ATTACHMENT B
HOURLY RATES
(executed upon contract award)
PERSONNEL CLASSIFICATIONS I HOURLY BILLING RATES
SENIOR PROJECT ENGINEER $223.53
CEI SENIOR INSPECTOR $114.52
CEI INSPECTOR $74.80
-36-
ATTACHMENT C
APPENDIX I OF FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT
LOCAL AGENCY PROGRAM FEDERAL -AID TERMS
For PROFESSIONAL._ SERVICES CONTRACTS FRosixM?" NA.GQ.cENT
04/15
Pago' I of:3,
The following terms apply to. all contracts in which it is indicated that tthe services involve the,expenditure of federal funds:
A. It, is..understood and agreed that all rights of the Local Agency relating to inspection, review, approval,
patents copyrights, and audit of the work tracing, plans, specifications, maps, data and cost records
relating to this Agreement shall also be reserved and held by authorized representatives of the United
States,of America.
& It is understood and agreed that in order to permit federal participation, no supplemental agreement of any nature
may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval
of the U.S! Department of Transportation, anything to the contrary In this Agreement not withstanding.
C. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to .n in .
Federally - assisted programs of the U,S. Department of Transportation Tltie 49, Code of Federal Regulations, Part
21
"they maybe amended from time to time, (hereinafter referred to as the Regulations), which are herein
incorporated by. reference, and 'made: a part of this Agreement.
D. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate
on the basis of race, color, national origin; sex, age; disability, religion or family status in the selection and retention
of subcontractors including procurements of material and leases of equipment. The Consultant shall not
participate ;either,directiy 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, 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 ttie.basis.of iabe, color national.origiri, sex, age, disability, religion orfamily.status.
F. information and Reports: The Consultant will provide all information and reports required. by the Regulations; or
directives issued pursuantthereto, and shall permit access to its books records, accounts, other sources: of
information, and its facilities as may be determined by.the Local Agency; Florida Department of Transportation,
t iid Administration,.Federal Transit Administration, Federal Aviation Administration, and/or Federal
Motor Carrier.Safety be pertinentto.asoertain compliance with such Regulations, orders and
instructions. Mere'any information required of the Consultant is in the exclusive possession of who fails or
refuses to furnish this infoimation, the `Consultant shall so certify to the Local Agency, Florida Department of
Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration,
and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it'has made to
obtain the information.
G', Sanctions for Noncompliance: in "the event of the Consultant's noncompliance with the'nondiscrirnination
provisions of this contract, the Local Agency shall impose,such contract sanctions as it or.the Fl.orida;Department
of Transportation, Federal Transit Administration, Federal Aviation Administration,. and/or Federal Motor Carrier
:Safety Administration may determine t6, appropriate; including,.but not limited to,
1, withholding of payments to the Consultant under the contract uniilihe Consultant complies and/or
2. cancellation, termination -or suspension of the.contract, in whole or in part.
Incorporation or Provisions: The Consultant will include the provisions of Paragraph Cthrough I in every
,suboontract, including procurements of materials and leases of equipment unless exempt by the Regulations, .order,
or Instructions Issued Pursuant thereto,. The Consultant shall take such action with respect to'anysubcontract or
procurement as the Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal
Transit Administration Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may:
'direct as a meahs:of enforcing such provisions, including sanctions for noncompliance. In the event a Consultant
becomes involved in, or is ; threatened with, litigation with a subconsuitant or supplier asa resuit of such direction,
the consultant may request the Local Agency to.enter Into such litigation to protectthe interests of.the. Local
.Agency, and, in addition, the Consultant may request the United States to enter Into such.litigation,to "protect the
interests of the-United States.
I. Compliance with Nondiscrimination. Statutes and Authorities: Title Ul of theCivil Rights Actof=1964 (42 U.S.C. § 2000d et
seq., 7$ stat. 254 (prohibits discrimination qn the basis of race, color, national origin); and 49 CFR Part 21; The Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970; (42 U.S.G. §°4601), (prohibits unfair treatment
-37-
LOCAL AGENCY PROGRAM.FEDERAL -AID TERMS
:For PROFESSIONAL SERVICES CONTRACTS
of persons displaced or whose property has:.been acquired because of'Tedeial ;or Federal =aid;
Federal -Aid HighvrayA' '19 ' (23'U S C_ § 324 et seq )',.( prohrbits tliscrimination on the basi
the Rehabilitation Act of 19.73 (29 US;C..§ •794,et seq.)' amended,•(prghibits discrimination p
and 49' CFR Part 27, The';Age Discrimination Act, of 1975, _as amended, (42
discrimination on the basis of age); Airport and Airway Improvement Act
amended, (prohibits discrimination based on race, .creed, color,.nationaFdri
of 1987, :(PL 100 -209), (Broadened -the; scope coverage and appiicabilityo
Age. Discrimination Act of 1 ;975• and "Section 504 of the Rehabilitation Act
terms "programs or :activities" to include all of th:e programs or activities oft
contractors; whether such 'programs or activities are Federally= funded or
Disabilities Act, vihich prohibit discrimination on the basis of•disability "in ""the
transportation systems,. places of public accommodation, and •certain testis
implemented by Department. o`f Transportation regulations 'at. 49, C.F:F
Administration's Non- discrimination statute. (49 U S G: § 47123): (prohibit;
national origin, 'and ;sex); Executive, Order 1,2898; Federal Actions 'to:
Populations: and Low- Income Populations, which :ensures, non discrir
discouraging programs, policies, and activities °with disproportionately high
effects on minority and low - income populations; Executive irr
Limited. English Proficiency,, land resulting agency guidance; :national •:
because of limited English proficiency (LEP)., To ensure compliance with
ensure that LEP' persons have meaningful access to your programs (7;q F
Education , Amendments of 1972, as iamended, which prohibits you frorn:
programs or activities (20 U.S C. 16$'1 et seq)'.
8754484
PROGRAM MANAGEMENT
04/15
Page 2 _df3
'as,
pan..ding: the definition of the
ecipients, sub- recipie1ts and
id III of the Americans with
lic entities publicand private
S. C. §§ 12131 ,- 12189) as
1 "38; The Federal .Aviation
on, the basis -of` race, color,,
rimeptal -Justicea_in _tNinority,
it minority, 'populations by.
V1, you must ,take,reasonable steps to
;eg at 74087;t6 74100); Title TX,of thOt
rninating b'ecause':of sex in' education'
J. Ipterest of Members of Congress`. No member of or delegate.to the Cotigietsof the United States will be:
admitted to.any share or part of this..contractor to�anybenefit lei rising .therefrom:
K.
L.
and any
the.
M. It is mutually understood and agreed thatthe;.willful falsification,:idistortron'or misrepresenfaton 4niith respect,to
facts related to the projects) described in this; Agreement r5 a;, 'iolation df the' Federal• Law Accordingly, United
States Code; Title 18, Section-.1020, is hereby. ncorporated by reference and, made.a parfof'th'is'
this. Agreement.
` ..
iy
t'is
'O. The'LocaI Agency h0rebycertifes that neitherthe consultant nor the consultants representatNe has:been required
by -the Local Agency; directly or indirectly as an express or implied' condition in connection with =obtaining or
carrying outthis contract; to'
1:. employ or retain or agree'to employ or:retain,,anyfirin or person, or
2. pay, oragree'to pay;.Yo any firm', person organization any'fee, contribution, donation or consideration
of any.kind;
The. Local. Agericyfurtheracknowledges that thiis.agreement will "be furnished to :a :federal agency,_in connection
with this contract involving participation of I Federal-Aid:funds, and is subjeet,to applicable .State and Federal Laws,
-38-
LOCAL AGENCY PROGRAM;FEDERAL -AID TERMS 3x5. 040-84 .
For PROFESSIONAL SERVICES CONTRACTS PROGRAM MANAGEMENT
04115
Page 3'Qf:3 .
both crirhinal.:and civil.
P. The Consultant hereby,certifies that. it has :not :
'I., employed'or retained fora commission, ,percentage, brokerage contingent fee, or other consideration, any
firm or person (other than a, bona fide employee Working forthe above contractor) to solicit or secure:
this contract; '
2. . agreed, as an express,or implied condition for obtaining this contracts to. employ;or retain the services of any
firm or person i connection with carrying out this;contract,or
paid,:or agreed,to pay; fo anyfirm organization q� person:,(o #herthan a bona fide employee working` solely for
the above contractor) anyfee Contribution, donation, Qr'consideration of ahy-kind fgi,_pr�in connection - with,
procuring or .47 ' nabut.the contracE..
The consultant further acknowledges that this agreement'Wil be furnished toahe.Local Agency the>State of
'D
Floridaepartment:of Transportation' rid a federal agOncy in cbad6btion:with this.contract involving; participation
of Federal-Aid funds and is subject to: applicable -, Stateiand'Federal.Lav s both criminal -and civil.
-39-
Revised 01/2015 APPENDICES A and E
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "Contractor ") agrees as follows:
(1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to
nondiscrimination in Federally- assisted programs of the U.S. Department of Transportation
(hereinafter, "USDOT') 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.
(2.) Nondiscrimination: The Contractor, 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
materials and leases of equipment. The Contractor shall not participate either directly or
indirectly in the discrimination prohibited by section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in Appendix B of the
Regulations.
(3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment:
In all solicitations made by the Contractor, either by competitive bidding or negotiation for
work to be performed under a subcontract, including procurements of materials or leases of
equipment; each potential subcontractor or supplier shall be notified by the Contractor of the
Contractor'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.
(4.) Information and Reports. The Contractor shall provide all information and reports required
by the Regulations or directives issued pursuant thereto, and shall permit access to its books,
records, accounts; other sources of information, and its facilities as may be determined by the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where. any information required of a Contractor is in the exclusive possession of
another who fails or refuses to furnish this information the Contractor shall so certify to. the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration as appropriate, and shall set forth what efforts it has made to obtain the
information.
(5.) Sanctions for Noncompliance: In the event of the Contractor'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, and/or the Federal Motor Carrier Safety
Administration may determine to be appropriate, including, but not limited to:
a. withholding of payments to the Contractor under the contract until the Contractor
complies, and /or
b. cancellation, termination or suspension of the contract, in whole or in part.
(6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1)
through (7) in every subcontract, including procurements of materials and leases of
equipment,, unless exempt by the Regulations, or directives issued pursuant thereto. The
Contractor shall take such action with respect to any subcontract or procurement as the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
-40-
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 Contractor becomes involved in, or is threatened with,
litigation with a sub - contractor or supplier as a result of such direction, the Contractor may
request the Florida Department.of Transportation to enter into such litigation to protect the
interests of the Florida Department of Transportation, arid, in addition, the Contractor may
request the United States to enter into such litigation to protect the interests of the United
States_
(7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights
Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of
race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment
of persons displaced or whose property has been acquired because of Federal or Federal -aid
programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.),
(prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973,
(29 U.S.C: § 794 et seq.), as amended, (prohibits discrimination on the basis of disability);
and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et
seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of
1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race,
creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100 -209),
(Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,
The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the programs or
activities of the Federal -aid recipients, sub - recipients and contractors, whether such
programs or activities are Federally funded or not); Titles II and III of the Americans with
Disabilities Act, which prohibit discrimination on the basis of disability in the operation of
public entities, public and private transportation systems, places of public accommodation,
and certain testing entities (42 U_S.C. §§ 12131'— 12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38;' The Federal Aviation
Administration's Non - discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on
the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to
Address Environmental Justice. in Minority Populations and Low - Income Populations, which
ensures non - discrimination against minority populations by discouraging programs, policies,
and activities with disproportionately high and adverse human health or environmental effects
on minority and low- income populations; Executive Order 13166, Improving Access to
Services for Persons with Limited English Proficiency, and resulting agency guidance,
national origin discrimination includes discrimination because of limited English proficiency
(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that
LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
-41-
ATTACHMENT D
LAP AGREEMENT EXHIBIT "A"
STATB 0f FLOR104 QEPARTmeNr of TRANwbnuTIoN 525A16C0
LOCAL AGENCY PROGRAM AGREEMENT PRCOUCTIONSUNIORT
08106
Pago
EXHIBIT W
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 428064 -1
This 'exhlbitforms an integral part of the'Agreement between the State of Florida, Department of Transportation and
Monroe County _ _..... .... .
Dated
PROJECT LOCATION:
The project >_ is x_ Is not on ; the,Natiot al Highway'System
The project _is x is ion the State: - lighway System.
PROJECTDESERIPTION: The Florida.l<eys "Scenic Corridor has: been designated by FDOT as a State Scenlc Highway;
and, also, by the Federal Highway Administration as .a Nationei. Scenic Byway - All American Road. Monroe County will
design and construct scenle,overlooks, along, the scenic corridor between. MM 0 :and 106. The overlooks. may vary from
location to location `depending on site todi ic'conditions. Program elements may include viewfinders, concrete pads,
boardwalks, landscaping, interpretive.panels,. and other features that will enhance the.visitor's.experience.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit 'rep required in the Agreement shall include a Schedule of Project Assistance that .will reflect the
Department's contract number. the Financial .Project Number (FPN) the Federal Authorization Number (FAN), where
applicable, the amount.of state funding action. (receipt and disbursement; of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
The Agency is required to provlde a copy of the design plans for the DepartmeM's review and approval to coordinate
permitting with the Department, and .r ottfythe Department prior to commencement of any right-of-way activities;
The.Agency shail:commerice the project's activities subsequent to the execution. of this Agreement and shall perform in
accordance with'theToilowing schedule:
a) Design to.be completed by' December2014 fiiending N rom FOQT)
b) Right-of-Way requirements identified and provided'to:'the Department by We
c). Right of Way "tube cettifed by ,December 2014 .
d) Construction contract to be let by g0 "da " fys oilowfhq NTP:froni.FDOT
e) Constructionto.be "completed by 'tt30 day's "frotr "N -M -to contractor:.
If this schedule cannot be met, the Agency will notify the Department'in wr(ting.with a revised schedule or the project is
subject to the withdrawal of federal funding.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
-42-
ATTACHMENT E
COUNTY AND FDOT FORMS
• Lobbying and Conflict of Interest Clause
• Non - Collusion Affidavit .
• Drug Free Workplace
• Respondent's Insurance and Indemnification Statement
• Insurance Agent's Statement
• Public Entity Crimes Statement
• Certification of Disclosure of Lobbying Activities on Federal Aid Contracts
• Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion for Federal Aid Contracts
• Conflict of Interest Certification
• Truth in Negotiation Certification
-43-
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
WSP USA Inc. (Company /indivdual) warrants that
he /it has not employed, retained or otherwise had act on his /its behalf any former County officer or employee
in violation of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section
3 of Ordinance No. 010 -1990. For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or
purchase price, or otherwise recover, the full amount of any fee, commissio percentage, gift, or
consideration paid to the former County officer or employee ". /--�
(Signature)
STATE OF: Florida
March 5, 2018
COUNTY OF: Hillsborough
Subscribed and sworn to (or affirmed) before me on March 5, 2018
(Date) by Kenneth B. Spillett (name of affiant). He /She4s personally
known to me Gpled
N/A
as
identification. (type of identification)
NOTARY PUBLIC 1, 6,,ap
My commission expires: April 27, 2020
(SEAL)
.•4irYCy "., DONNAIWAPP
'?� H W COMMISSION # FF 976352
w ; EXPIRES: AW 2T, 2020
-44- Bonded Thru Notary Public urdenu►itera
P „����„
NON - COLLUSION AFFIDAVIT
1, Kenneth B. Spillett according to law, on my oath, and under penalty of perjury,
depose and say that:
I am Construction Services Manager - Florida /Senior Vice President
of the firm of WSP USA Inc.
the bidder making the Proposal for the project described in the Request for
Qualifications for:
Construction Engineering and Inspection Services
and that I executed the said proposal with full authority to do so.
2. The prices in this proposal have been_ arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as
to any matter relating to such prices with any other bidder /responder or with any
competitor.
3. Unless otherwise required bylaw, the prices which have been quoted in this proposal
have not been knowingly disclosed by the bidder /responder and will not knowingly be
disclosed by the bidder prior to the opening of the responses, directly or indirectly, to
any other bidder /responder or to any competitor.
4. No attempt has been made or will be made by the bidder /responder to induce any other
person, partnership or corporation to submit, or not to submit, a proposal for the
purpose of restricting competition.
5. The statements ntai this affidavit are true and correct, and made with full
knowledge t o oe Coun y relies upon the truth of the statements contained in this
affidavit in ar g contract for said project.
March 5, 2018
(Signat o espondent) (Date)
STATE OF: Florida
COUNTY OF: Hillsbrough
PERSONALLY APPEARED BEFORE ME, the undersigned authority, Donna Knapp
who, after first being sworn by me, Kenneth B. Spillett (name of individual signing)
affixed his /bp& signature in the space provided above on this 5th day of March
2018.
NOTARY PUBLIC
My Commission Expires: April 27, 2018
(Seal)
iW P .pe( DONNAKNAPP
- 45 - MY COMMISSION # FF 97=2
=: EXPIRES; Aprfl 27, 2020
Bonded ThN Notary Public Undewbrs
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
WSP USA Inc.
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working
on the commodities or contractual services that are under bid, the employee will abide by the terms
of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five (5) days
after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of
this section.
As the person authorized to nt, I certify that this firm complies fully with the above
requirements.
Responden ature
March 5, 2018
Date
tL Ak 4 4
NOTARY PUB IC
My Commission Expires: April 27, 2020
(SEAL)
• i�:: r P :,. WNNAKWP
t t c MY COMMISSION. #FF978M
EVIRES:Apr1127,2020
-46- ° �;; °••'' Bonded.Thru Notary Public Undwa tm
Respondent's Insurance and Indemnification Statement
Insurance Requirement Required Limits .
Worker's Compensation Statutory Limits
Employer's Liability $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy. limits
$100,000 Bodily Injury by Disease, each employee
General Liability
Business Automobile Liability
Professional Liability
$500,000 Combined Single Limit
$100,000 Combined Single Limit
If split limits are preferred:
$50,000 per Person,
$100,000 per Occurrence,
$25,000 Property Damage
$300,000 per occurrence
$500,000 aggregate
IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS
To the fullest extent permitted by law, the Agency's consultant shall indemnify and hold harmless
the Agency, the State of Florida, Department of Transportation, and its officers and employees,
from liabilities, damages, losses and costs, including but not limited to, reasonable attorney's fees,
to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the
consultant and persons employed or utilized by-the consultant in the performance of this Contract.
This indemnification shall survive the termination of the Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's
sovereign immunity.
The CONSULTANT covenants and agrees to indemnify, hold harmless and defend Monroe
County, its Commissioners, officers, employees, agents and servants from any and all claims for
bodily injury, including death, personal injury, and property damage, including damage to property
owned by Monroe County, and any other losses, damages, and expenses of any kind, including
attorneys' fees, costs and expenses, which arise out of, in connection with, or by reason of
services provided by the Consultant or any of its Subconsultant(s) in any tier, occasioned by the
negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT, or its
Subconsultant(s) in any tier, their officers, employees, servants or agents.
In the event that 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. 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 CONSULTANT shall hold the County harmless and shall
indemnify it from all losses occurring thereby and shall further defend any claim or action on the
County's behalf.
The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration -for the
indemnification provided'for above.
-47-
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded ontract and will comply in full
with all the requirements.
Kenneth B. Spillett, P.E.
Respondent Sig ature
-48-
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named above. The following deductibles
apply to the corresponding policy.
POLICY DEDUCTIBLES
GLO 9835819 -04 $189,537
WA7 -62D- 094060 -017 $150,000
AS7- 621 - 094060 -037
QPL022630
$150,000
SIR $250,000 *Claims Made
Liability policies are Y Occurrence
Gallagher
Insurance Agency
Claims Made
Signature /'
Print Nam : ( 6 1 a
-49-
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or CONTRACTOR under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for CATEGORY TWO for a period of thirty -six (36) months from the date of being
placed on the convicted vendor list."
I have read the ab d state that neither WSP USA Inc. (Proposer's
name) r n ffiliate ha been placed on the convicted vendor list within the last 36 months.
(Signature)
Date: March 5, 2018
STATE OF Florida
COUNTY OF Hillsborough
Subscribed and sworn to (or affirmed) before me on the 5th day of March . , 2018,
b Kenneth B. Spillett (name of affiant). He /She is personally known to me
cr=laaiz.pEedws9.d N/A (type of identification)
as identification.
_ I jWJA J i ! _A
= 2 1 e - .1 a .i
My Commission Expires: April 27, 2 02 0
(Seal) DONNAKNAPP
WOOMMISSION W975352
=a•
D
:;: PIRES:ApO127,2020
Bonded Thru Notary N tc Uaderwdta,
-50-
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375 -03033
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES. PROCUREMENT
,oro,
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.)
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
Name of Consultant: WS USA
By: Kenneth B. Spillet Date: March 5, 2018
Authorized Signature:
Title: Construction Services M r - Florida
-51 -
STATE OF FLORIDA DEPARUAENT OF TRANSPORTATION 37543092
CERTIFICATION REGARDING DEBARMENT SUSPENSION PROCUREMENT
: e 11!75
INELIGIBILITY AND VOLUNTARY EXCLUSION -
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below i ified fmr7m "rincipals are presently suspended, proposed for debarment, declared
ineligible, or voluntarily exclude rom s par 1pation in thi transaction by any federal department or agency.
Name of Consultant/Contr c WS A InC.
By:
Date: March 5, 2018
Title: Construction Services Manager - Florida
Instructions for Certification
Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to
cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
c. 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 by reason of changed circumstances.
d. The terms "covered transaction, "'debarred," " suspended," " ineligible," "participant," "person," 'principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal
is submitted for assistance in obtaining a copy of those regulations_ "First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower
Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts).
"First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of
Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website
(https: / /www.epls.gov /), which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
L Except for transactions authorized under paragraph a 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 or agency
with which this transaction originated may pursue available remedies, including suspension and /or debarment.
-52-
Sh'r �r rlJiilDf.Crl'FFiH%M G67re143RYiTALCN s7+�a" -�
CONFLICT OF INTERESUCONFIDENTIALITY CERTIFICATION MC10 WWW
FOR CONSULTANT /CONTRACTOR/TECHNICAL ADVISORS,
I certify that I have no present conflict of interest, that I have no knowledge of any conflict of interest that my firm may have; and that I
.will recuse myself from any capacity of decision making, approval, disapproval, or recommendation on any contract if I have :a conflict of
interest or potential conflict of interest
ConsultantsfContractors are expected to safeguard their ability to make objective, fair, and impartial decisions when performing tiorkfor,
the Department; and therefore may not accept benefits of any sort under circumstances in which. it could be inferred by reasonable
observer.thatthe benefit was intended to influence a pending or future decision of theirs, or to reward a past decision. Consultants
performing work for the Department should avoid any conduct (whether in the context of business, financial, or social relationships)
which might undermine the public trust, whether or not that conduct is unethical or lends itself to the appearance of ethical. impropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation CDepartment'j. related.to
the procurement of the above - referenced (`Project') that I gain access to as a result of my:involV'eiment,with the . Project.CProcurement
Information "). I understand that Procurement Information includes, but is not limited to,.documents prepared by or for the Department
related to procurement of the Project. I also understand that Procurement, Information includes, but is not limited to, documents
submitted to the Department by entities seeking an award of the Prcjeot °Proposers'). I understand that Procurement Information may
include documents.submhed by Proposers related to letters of response /letters of interest, technical proposals, price proposals,
financial proposals, and Information shared during exempt meetings. I also understand that Procurement Information may also'.includo
documents that evaluate or reviewdocuments submitted by Proposers, and information regarding Project cost estimates. I also agree
not to'discussthe Projectwith anyone who is a mernber of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General, I will not divulge any
Procurement Information except to individuals who have executed it Conflict of Interest/Confidentiality Certification which has been
approved by Department ('Project Personnel'). I understand that a list of Project Personnel.will be maintained by Department If 1.
am contacted by any member of the public or the media with a request for Procurementlnformation, I will promptly forward subh
re' quest to the Department's Procurement Office. I will also maintain, security and control -over all documents containing Procurement
Information which are in my custody.
I agree-notto solicit or accept gratuities, unwarranted privileges or exemptions, favors, or anything of -value from any firm under
consideration for.an agreement associated with the Project,. and I recognize that doing:so may hit contrary to statutes, ordinances; and
rules governing or "applicable to the Department or may otherwise be a "violation'of the law.
I agree,"gt to engage in bid. tampering, pursuant to Section 838.22, Florida Statutes,
1 realize,that:viotation of the -above mentioned standards could result in the termination: of my work for the Department. I further realize
thatviolat on ofthe'above mentioned statute would be punishable in acoordance.with Section 83822, Florida Statutes..
Advertisement No/ Description Financial Project Number {s)
Solicitation No
Each undersigned individual agrees to the ter s ict o, erest(Confidentiaifty Certification.
Printed Names gn re Date
- Kenneth B. S illet P.E. March 5, 2018
-53-
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375.OV- 40
TRUTH IN NEGOTIATION CERTIFICATION PROCUREMENT
05114
Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump -sum or cost - plus -a -fixed fee
professional services contract over the threshold amount provided in Section 287.017, Florida Statutes for
CATEGORY FOUR, the Department of Transportation (Department) requires the Consultant to execute
this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract
advertisement.
The Consultant hereby certifies, covenants, and warrants that wage rates and other factual unit costs
supporting the compensation for this project's agreement are accurate, complete, and current at the time
of contracting.
The Consultant further agrees that the original agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the Department determines the agreement price was
increased due to inaccurate, incomplete, or noncurrenfwage rates and other factual unit costs. All such
agreement adjustments shall be made within (1) year following the end of the contract. For purposes of
this certificate, the end of the agreement shall be deemed to be the date of final billing or acceptance of
the work by the Departnient, whichever is later.
WSP USA In .
- am of onsultant
_March 5, 2018
Date
-54-
ACC>R V CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
3/6/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW- THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTA AJG Service Team
Arthur J. Gallagher Risk Management Services, Inc. PHONE 212_981 -2485 FAX 212- 994 -7074
250 Park Avenue, 5th Floor - IAIC,Ho,Es (A(c.JYoJ:
New York NY 10177 EMAIL GGB.WSPUS.CertRe uests a com
ADORES,S: q @ 19•
INSURER AFFORDING COVERA NAIC S
_ INSURERA:QBE Specialty Insurance Company 11515
INSURED WSPGLOB -01 INSURER B:
WSP USA Inc. INSURER C: -- -- _ —.- -- - - - -- --- --
+ One Penn Plaza
New York, NY 10119 INSURER D:
i _
COVERAGES CERTIFICATE NUMBER: 2 039376255
REVISION NUMRFR-
No io 1 v tcn I try I NA I II VULlGits Ut- INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR =LTSU13R POLICY EFF POLICY EXP
TYPE OF INSURANCE
LTR INSD 1 WVD POLICYNUMBER IMMIDD)YYYYJ IMMfDDTYYY1 I LIMITS
COMMERCIAL GENERAL LIABILITY
• EACH O CCURRENC E $
CLAIMS -MADE I] OCCUR DAMAGE'rO hEA1 – 00
PREMISES (_Ea occpnoncu $
— MED EXP (Any one person) $
PERSONAL 8 ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S
❑ PRO-
POLICY JECT LOG _ PRODUCTS - COMPIOP AGG $
OTHER:
AUTOMOBILE
LIABILITY
COMBINED31 GLE LIMI
$
ANY AUTO
OWNED
0 ED, Y f�l
NAG
MENT
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
SCHEDULED
AUTOS ONLY AUTOS
I
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
B
ROPERTY DA�Iv!AGE
A Pct accident)
$
UMBRELLA LIAR
OCCUR
WAIVER N/
YES
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAB
CLAIMS -MADE
DED RETENTION S
$
WORKERS COMPENSATION
PER OTH-
AND EMPLOYERS'LIABILITY YIN
STATUTE ER
E, L. EACH ACCIDENT
$
ANY PROPRIETOR/PARTNERIEXECUTIVE r1
OFFICER /MEMBER EXCLUDED?
NIA
E.L. DISEASE- EA EMPLOYE
$
(Mandatory in NH)
If yes , describe under
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS below
A
Professional Liability
QPL0022630
1111/2017
1013112018
Per Claim/Aggregate $5,000,000
CLAIMS -MADE
DESCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space is required)
THIRTY (30) DAYS NOTICE OF CANCELLATION
RE: Project Number: 188922, 188922 - Construction Engineering and Inspection (CEI) Services for the Scenic Highway Overlooks at Big Pine
Water Observation Platform and Reynolds Street Pier (Monroe County).
Monroe County BOCC
1100 Simonton Street #2 -216
Key West FL 33040
HI
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
ITHORRED REPRESENTATIVE
U 19US -2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
AC40R °® CERTIFICATE OF LIABILITY INSURANCE
3/12E[MMI D /YYY`/)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Arthur J. Gallagher Risk Management Services, Inc.
250 Park Avenue, 5th Floor
New York NY 10177
CONTACT
NAME: AJG Service Team
PHONE 212- 981 -2485 F1 X No) .212- 994 -7074
EA
-MIL . GGB.WSPUS.CertRequests @ajg.com
INSURERS AFFORDING COVERAGE
NAIC #
A
INSURERA:Zurich American Insurance Company
16535
Y
INSURED WSPGLOB -01
INSURER B:Liberty Insurance Corporation
42404
WSP USA Inc.
One Penn Plaza
INSURER C :
$2,000,000
DAMAGE TO RENTED
PREMISES Ea occurrence
New York, NY 10119
INSURER D
MED EXP (Any one person)
INSURER E:
Contractual Liab
INSURER F :
COVERAGES rFRTIFIrA NHMRFR• 753729024 0C111CIAKI k1 PIRMCD•
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR EFF EXP
LTR.
Key West FL 33040
TYPE OF INSURANCE
INSD
WVD
POLICY NUMBER
MM
I PA pY
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE X� OCCUR
Y
Y
GLO983581904
4/1/2017
4/1/2018
EACH OCCURRENCE
$2,000,000
DAMAGE TO RENTED
PREMISES Ea occurrence
$300,000
X
MED EXP (Any one person)
$5,000
Contractual Liab
PERSONAL BADVINJURY
$2,000,000
GEN'L
X
AGGREGATE LIMIT APPLIES PER:
POLICY PRO
JECT 7 LOC
GENERAL AGGREGATE
$5,000,000
PRODUCTS - COMP/OP AGG
$2,000,000
$
OTHER:
B
AUTOMOBILE
LIABILITY
Y
AS7621094060037
411/2017
4/1/2018
MBI NED SINGLE LIMIT
Ea accident
$ 2,000,000
X
BODILY INJURY (Per person)
$
ANY AUTO
OWNE TU ONLY SCHEDULED
AP R
K AG
MENT
BODILY INJURY (Per accident)
$
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
BY
PROPERTY DAMAGE
Per accident
$
BATE
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
WAIVER
-YES
EACH OCCURRENCE
$
AGGREGATE
$
DED I I RETENTION $
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE -
OFFICER/MEMBER EXCLUDED?
N / A
WA762D094060017(AOS)
4/1/2017
411/2018
X PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
$2,000,000
E.L. DISEASE - EA EMPLOYEd
$2,000,000
(Mandatory In NH)
If yes, describe under
E.L. DISEASE - POLICY LIMIT 1
$2,000,000
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space Is required)
THIRTY (30) DAYS NOTICE OF CANCELLATION.
RE: Project Number: 188922, 188922 - Construction Engineering and Inspection (CEI) Services for the Scenic Highway Overlooks at Big Pine
Water Observation Platform and Reynolds Street Pier (Monroe County).
Monroe County BOCC is included as Additional Insured as respects General Liability and Auto Liability policies, pursuant to and subject to the
policy's terms, definitions, conditions and exclusions. Waiver of Subrogation applies to certificate holder, as respects General Liability policy
pursuant to and subject to the policy's terms, definitions, conditions and exclusions.
CERTIFICATE HOLDER CANCFI_I ATInN
@ 1988 -2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Monroe County BOCC
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
1100 Simonton Street #2 -216
ACCORDANCE WITH THE POLICY PROVISIONS.
Key West FL 33040
AUTHORIZED REPRESENTATIVE
@ 1988 -2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD