01/23/2019 Task Order GORco are��l
Kevin Madok, CPA
O•
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: February 1, 2019
TO: Judith Clarke, PE, Director
Engineering/Roads&Bridges
ATTN: Olympia Newton
Engineering Department/Stop 1
` 1
FROM: Pamela •G. Hanc i ` I.C.
SUBJECT: January 23" BOCC Meeting
Enclosed is a duplicate original of Item C14,Task Order with RS&H, Inc. for
Construction Engineering and Inspection Services for Stock Island II Roadway Improvements
Project, for your handling.
Should you have any questions, please feel free to contact me at(305) 292-3550. Thank
you.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
TASK ORDER FOR CONSTRUCTION ENGINEERING AND INSPECTION
(CEI) SERVICES BETWEEN MONROE COUNTY AND RS&H, INC.
FOR
STOCK ISLAND II ROADWAY IMPROVEMENTS PROJECT
In accordance with the Continuing Contract for Construction Engineering and Inspection
(CEI) Services made and entered on the 20th day of May 2015 between Monroe
County hereinafter referred to as the "County" and RS&H INC. hereinafter referred to
as"Consultant"for the Monroe County Roadway and Drainage Improvement Program.
All terms and conditions of the referenced Continuing Contract for Construction
Engineering and Inspection (CEI) Services apply to the Task Order, unless the Task
Order modifies an Article of the Agreement of which will be specifically referenced in this
Task Order and the modification shall be precisely described.
This Task Order is effective on the 23'd Day of January, 2019.
Article II Scope of Basic Services, Paragraph 2.1.1 is amended as follows:
The scope of services will include construction engineering and inspection (CEI)
services for Stock Island II Roadway Improvements Project.
Article VII, Paragraph 7.1 is amended to include the following:
The Consultant shall be paid monthly based on hourly rates per the continuing services
contract and estimated staff hours as follows:
Personnel Estimated Hourly Rate Total
Hours
Senior Project Engineer 66 $217.97 $14,386.02
Project Administrator/Engineer 416 $137.26 $57,100.16
Senior Roadway CEI Inspector 1855 $99.93 $185,370.15
Administrative/Contract Support 48 $94.50 $4,536.00
Tests Number of Cost Per
Tests Test
Modified Proctor T-180 2 $155.00 $310.00
Standard Proctor T-99 2 $135.00 $270.00
Lab—Sieve Analysis T-88 4 $80.00 $320.00
Lab-Bulk Specific Gravity (per core) 2 $90.00 $180.00
Lab- Limerock Bearing Ratio LBR (ea) 2 $325.00 $650.00
Total Not To Exceed Amount $263,122.33
A total not to exceed amount of two hundred sixty three thousand one hundred twenty
two dollars and thirty three cents ($263,122.33)will apply.
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January 23,2019
Page 1 of 5
Article IX MISCELLANEOUS, 9.5 TERMINATION is amended to add the following:
C. For Contracts of any amount, if the County determines that the
Contractor/Consultant has submitted a false certification under Section
287.135(5), Florida Statutes or has been placed on the Scrutinized Companies
that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have
the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
D. For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5),
Florida Statutes, or if the Contractor/Consultant has been placed on the
Scrutinized Companies with Activities in the Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or been
engaged in business operations in Cuba or Syria, the County shall have the
option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
Article IX MISCELLANEOUS, 9.8 MAINTENANCE OF RECORDS is amended to add
the following:
Right to Audit
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as well
as computer readable data if it can be made available; subcontract files (including
proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,
bidders list, etc); original estimates; estimating work sheets; correspondence; change
order files (including documentation covering negotiated settlements); backcharge logs
and supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting evidence
deemed necessary by COUNTY to substantiate charges related to this agreement, and
all other agreements, sources of information and matters that may in COUNTY's
reasonable judgment have any bearing on or pertain to any matters, rights, duties or
obligations under or covered by any contract document(all foregoing hereinafter
referred to as "Records")shall be open to inspection and subject to audit and/or
reproduction by COUNTY's representative and/or agents of COUNTY. COUNTY may
also conduct verifications such as, but not limited to, counting employees at the job
site, witnessing the distribution of payroll, verifying payroll computations, overhead
computations, observing vendor and supplier payments, miscellaneous allocations,
special charges,verifying information and amounts through interviews and written
confirmations with employees, Subcontractors, suppliers, and contractors'
representatives. All records shall be kept for seven (7)years after Final Completion.
Article IX MISCELLANEOUS, 9.15 ADJUDICATION OF DISPUTES OR
DISAGREEMENTS is amended to read as follows:
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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 shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law. This provision does not negate or waive
the provisions of Paragraph 9.5 concerning termination or cancellation.
Article IX MISCELLANEOUS, 9.17 NONDISCRIMINATION is amended to read as
follows:
The parties agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without
any further action on the part of any party, effective the date of the court order. The
parties agree 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 VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit
discrimination in employment on the basis of race, color, religion, sex, and national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
§§ 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 § 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC §§ 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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC §§ 3601 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 §§ 12101), as amended from time to time, relating
to nondiscrimination in employment on the basis of disability; 10) Monroe County
Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color,
sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 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.
Article IX MISCELLANEOUS, 9.21 PUBLIC ACCESS is amended to read as follows:
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
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January 23,2019
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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. 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.
(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 section119.10, Florida Statutes.
CEI Services—Stock Island II
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January 23,2019
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i
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-BRIANna,MONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY
WEST, FL 33040.
Continuing Contract Attachment "A" Scope of Services is amended as follows:
Paragraph 4.4 Engineering Services, (13) is deleted.
IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly
authorized representative.
Consultant (Corporate Seal)Attest:
RS&H, Inc.
By: ', Zs .,
I�, i //`�" l By:
Signature ' Date
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MONROE COUNTY ATTORNEY V?
APP VE AS TO FC) •
:(---• . CEI Services—Stock Island II
CHRISTINE LIMBERT-BARROWS RS&H,Inc.
ASSISTANT COUNTY A ORNEy January 23,2019
DATE: - Page 5 of 5