Item P2 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 11,2013 Division: County Administrator
Bulk Item: Yes No COUNTY:County Administrator
Staff Contact/Phone#:Rhonda Haae,453-8774
AGENDA ITEM WORDING: Approval to advertise a Request for Qualifications for the design and
permitting of the canal demonstration projects.
ITEM BACKGROUND: The County is ready to proceed with the design and permitting of the seven
demonstration canals.
PREVIOUS RELEVANT BOCC ACTION:
1. 03-21-12: Approval and authorization of a Grant from FDEP to fund Phase 1 of the Canal Management
Master Plan and also authorized execution of a task order with AMEC under the on-call professional
engineering services contract to develop Phase 1.
2. 06-20-12: Approval of the grant application submitted to EPA,which requested$100,000 in grant funds and
specified a$10,000 match of in-kind services.
3.09-19-12: Approval of a$100,000 EPA grant that funded Phase 2 of the Canal Master Plan.
4.11-20-12: Approval of a Task Order with AMEC Environmental & Infrastructure, Inc. under the on-call
professional engineering services contract to develop Ph 2 of a county-wide Canal Improvements Master Plan.
5.02-20-13: Approval of a FDEP Grant S0640 providing $100,000 of funding of work to perform bathymetric
surveys and also approved a$100,000 Task Order with AMEC to perform the bathymetric work.
6.03-20-13: Approval of$5 million for the canal restoration demonstration projects.
7.05-15-13: Approval of a $37,725 contract with AMEC to select the demonstration projects, as a result of a
request for quotes.
8.08-21-13: Provided direction on the selection process for use in selecting the top 15 canal restoration
projects and the final 5 demonstration projects.
9.09 17---13: Approval of a time extension to the AMEC contract for selection of the demo projects.
10. 10-16--13: Approval of the top 15 canals,selection of 6 canals for the demonstration projects,and a 90 day
limitation op the homeowner approval period.
11. 11-20--13: Approval of the 70 demonstration canal.
CONTRACT/CONTRACT CHANGES:Not Applicable
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $ 500,000 est.INDIRECT COST: _—BUDGETED: Yes X No,
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: 500,000 SOURCE OF FUNDS: Infrastructure Tax Funds
REVENUE PRODUCING: Yes— No X AMOUNT PER MONTH Year „
APPROVED BY: County Atty °" OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required..,
DISPOSITION: AGENDA ITEM# CAD#
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR QUALIFICATIONS FOR
ENGINEERING DESIGN AND PERMITTING SERVICES
FOR
CANAL DEMONSTRATION PROJECTS RELATED TO
THE MONROE COUNTY CANAL MASTER PLAN
MONROE COUNTY
FLORIDA
y //
BOARD OF COUNTY COMMISSIONERS
George Neugent, District 2
Mayor Pro Tem.Heather Carruthers, District 3
Danny L. Kolhage, District 1
David Rice, District 4
Mayor Sylvia J. Murphy, District S
COUNTY ADMINISTRATOR
Roman Gastesi
December 11, 2013
NOTICE OF REQUEST FOR QUALIFICATIONS
NOTICE IS HEREBY GIVEN that on January 16th, 2014 at 3:00 P.M. the Monroe County Purchasing
Office will receive and open sealed responses for the following:
ENGINEERING DESIGN AND PERMITTING SERVICES
FOR THE CANAL DEMONSTRATION PROJECTS
RELATED TO THE CANAL MANAGEMENT MASTER PLAN
MONROE COUNTY,FLORIDA
Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at
www.demandstar.com OR www.monroecountybids.com or call toll-free at 1-800-711-1712. The Public
Record is available at the Monroe County Purchasing Office located at The Gato Building, 1100 Simonton
Street, Room 2-213, Key West, Florida. All Responses must be sealed and must be submitted to the
Monroe County Purchasing Office.
Publication dates
Citizen (Fr) insert
Keynoter (Sa) insert
Reporter (Fr) insert
TABLE OF CONTENTS
A. NOTICE OF REQUEST FOR QUALIFICATIONS
B. SECTION ONE Instructions to Respondents
C. SECTION TWO Draft Contract, including SCOPE OF SERVICES
D. SECTION THREE County Response Forms
E. Exhibit 1: Canal Management Masterplan
F. Exhibit 2: Report on Selection of Demonstration Canals for Water Quality Improvements dated
November 8,2013
G. Exhibit 3: Bathymetric Surveys
SECTION ONE
INSTRUCTION TO RESPONDENTS
1.01 DESCRIPTION
Monroe County is interested in designing, permitting and constructing up to seven (7)
canal demonstration projects.
The County requires the services of a firm or individual to develop the designs of the
demonstration projects, obtain required permits, perform surveying, prepare construction
documents and provide construction administration services.
1.02 COPIES OF RFQ DOCUMENTS
A. Only complete sets of RFQ documents will be issued and shall be used in preparing
responses. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
B. Complete sets of RFQ documents may be obtained in the manner and at the location
stated in the Notice of Request for Qualifications.
1.03 DISQUALIFICATION OF RESPONDENT
The following forms shall be submitted along with the response to RFQ, and signatures
shall be current and all forms shall be dated within thirty days of the date of submission
as described in Section 1.08B herein.
A. NON-COLLUSION AFFIDAVIT: Any person submitting a response to this
invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is
discovered that collusion exists among the Respondents, the responses of all
participants in such collusion shall be rejected, and no participants in such
collusion will be considered in future proposals for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not
submit a response, bid or proposal on a contract to provide any goods or
services to a public entity, may not submit a response, bid or proposal on a
contract with a public entity for the construction or repair of a public building
or public work, may not submit responses, bids or proposals on leases 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, for
CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list. Category Two: $25,000.
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C. DRUG-FREE WORKPLACE FORM: Any person submitting a response,bid
or proposal in response to this invitation must execute the enclosed DRUG-
FREE WORKPLACE FORM and submit it with his response, bid or proposal.
Failure to complete this form in every detail and submit it with your bid or
proposal may result in immediate disqualification of your response, bid or
proposal.
D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person
submitting a response, bid or proposal in response to this invitation must
execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE
and submit it with his response, bid or proposal. Failure to complete this form
in every detail and submit it with the response, bid or proposal may result in
immediate disqualification of the response,bid or proposal.
1.04 EXAMINATION OF RFQ DOCUMENTS
A. Each Respondent shall carefully examine the RFQ and other contract documents,
and inform himself thoroughly regarding any and all conditions and requirements
that may in any manner affect cost, progress, or performance of the work to be
performed under the contract. Ignorance on the part of the Respondent will in no
way relieve him of the obligations and responsibilities assumed under the
contract.
B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning,he shall at once notify
the County. See Section 1.05 below.
1.05 INTERPRETATIONS,CLARIFICATIONS,AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the RFQ
documents. Any written inquiry or request for interpretation received ten (10) or more
calendar days prior to the date fixed for opening of responses will be given consideration.
All such changes or interpretation will be made in writing in the form of an addendum
and, if issued, will be furnished to all known prospective Respondents prior to the
established proposal opening date on the website www.demandstar.com or
www.monroecountybids.com,
Each Respondent shall acknowledge receipt of such addenda in the space provided
therefore in the RFQ form. In case any Respondent fails to acknowledge receipt of such
addenda or addendum, his response will nevertheless be construed as though it had been
received and acknowledged and the submission of his response will constitute
acknowledgment of the receipt of same. All addenda are a part of the contract documents
and each Respondent will be bound by such addenda, whether or not received by him. It
is the responsibility of each Respondent to verify that he has received all addenda issued
before responses are opened.
1.06 GOVERNING LAWS AND REGULATIONS
The Respondent is required to be familiar with and shall be responsible for complying
with all federal, state, and local laws, ordinances, rules, and regulations that in any
manner affect the work. Knowledge of occupational license requirements and obtaining:
such licenses for Monroe County and municipalities within Monroe County are the
responsibility of the Respondent. Respondent will not be compensated under the contract
for changes necessitated by noncompliance with all federal, state, and local laws,
ordinances,rules,and regulations that in any manner affect the work.
1.07 PREPARATION OF RESPONSES
Signature of the Respondent: The Respondent must sign the response forms in the space
provided for the signature, signatures shall be current and all forms shall be dated within
thirty (30) days of the date of submission as described in Section 1.08B herein. If the
Respondent is an individual, the words "doing business as ", or "Sole
Owner"must appear beneath such signature. In the case of a partnership, the signature of
at least one of the partners must follow the firm name and the words "Member of the
Firm" should be written beneath such signature. If the Respondent is a corporation, the
title of the officer signing the Response on behalf of the corporation must be stated along
with the Corporation Seal Stamp and evidence of his authority to sign the Response must
be submitted. The Respondent shall state in the response the name and address of each
person having an interest in the submitting entity.
1.08 SUBNHSSION OF RESPONSES
A. Two (2) signed originals and five (5) copies of each response shall be
submitted.
B. The response shall be submitted in a sealed envelope clearly marked on the
outside, with the Respondents name and "Statement of Qualifications —
Canal Demonstration Projects" addressed to the entity and address stated
in the Notice of Request for Qualifications, on or before 3:00 P.M. local
time on JANUARY 16th, 2014..If forwarded by mail or courier, the above-
mentioned envelope shall be enclosed in another envelope addressed to the
entity and address stated in the Notice of Request for Qualifications. Faxed
or emailed statements of qualifications shall be automatically rejected.
Responses will be received until the date and hour stated in the Notice of
Request for Qualifications.
C. Each Respondent shall submit with his Response the required evidence of
his qualifications and experience.
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1.09 CONTENT OF SUBMISSION
The proposal submitted in response to this RFQ shall be typed on 8-1/2" x 11" white
paper and unbound; shall be clear and concise and provide the information requested
herein. Statements submitted without the required information will not be considered.
Responses shall be organized and sections tabbed. The Respondent should not withhold
any information from the written response in anticipation of presenting the information
orally or in a demonstration, since oral presentations or demonstrations may not be
solicited. Each Respondent must submit adequate documentation to certify the
Respondent's compliance with the County's requirements. Respondent should focus
specifically on the information requested. Additional information, unless specifically
relevant, may distract rather than add to the Respondent's overall evaluation.
The following information, at a minimum,shall be included in the Submittal:
AsCover�Pasa
A cover page that states "Statement of Qualifications for Engineering Design and
Permitting Services for Canal Demonstration Projects." The cover page should
contain Respondent's name, address, telephone number and the name of the
Respondent's contact person.
Tab 1.Executive Summ
The Respondent shall provide a history of the firm or organization,and particularly
include projects that are similar in nature to the services requested in the RFQ.
Tab„2 Reieyant,10:4 ,
The Respondent shall provide a project history of the firm or organization demonstrating
experience with projects that are similar in scope and size to the proposed Project,
including projects in Monroe County.
..
Tab,3.,,Ttamiliarity, th the,Canal 1Vlaster l
The Respondent shall indicate its level of familiarity with the Monroe County Canal
Master Plan and other related work as referenced herein.
rdestnn e of ": ore, iVTab btpo . _' ,.,the Pro ec
Homeowner Coort�atio
The Respondent shall indicate a clear understanding of the scope of work and provide
details to support the level of knowledge. Respondent shall also indicate their ability to
design and implement the demonstration projects specified in the scope of work.
Respondents shall provide a complete list of permits that are required and the regulatory
agencies issuing those permits, and indicate that those permits shall be obtained by the
respondent. A discussion of how the respondent will coordinate with the homeowners to
inform them of the demonstration projects progress during the construction phase shall be
4
included. The County shall obtain the approval of the homeowners for the demonstration
projects.
Tab„5,,.$c�ieduI sud Ayailabiftt
The Respondent shall indicate an ability to meet the schedule provided in this RFQ for
the completion of the design and permitting of the projects. In addition, the Respondent
shall advise if an expedited time frame can be accomplished, and if so, provide the date
that the work can be completed. In addition,the County requires submission of the design
for each project separately.
Tab;,6,R11 eferences and<<Past Performance ow Pro,IeC
Each Respondent shall provide a list of past projects and at least two written references of
a Florida local government or other governmental entities,other than Monroe County, for
which the Respondent has provided the same or similar services during the past three
years. Each reference shall include,at a minimum:
• Name and full address of referenced project and organization
• Name and telephone number of Contact person for contract
• Telephone number(s)
• Date of initiation and completion of contract for referenced project
• Brief summary of the project and services including a comparison to services
sought by this RFQ.
Tab 7 Sta�fn for ttus Pr ect
.,a�
The Respondent shall describe the composition and structure of the firm (sole
proprietorship,corporation, partnership,joint venture) and include names of persons with
an interest in the firm.
The Respondent shall include a list of the proposed staff that will perform the work
required if awarded this contract. An organizational chart and management plan should
be included in this section. The Respondent shall also include a resume for each member
of the project team identifying his/her role on the team and any qualifications relevant to
the assigned position. Include in this section the location of the main office and the
location of the office proposed to work on this project.
The Respondent shall include a statement confirming whether or not he/she is claiming
local preference based on having local business status. Local business means the
Respondent has a valid receipt of the business tax paid as issued by Monroe County tax
collector at least one year prior to the notice of request for bids or proposals for the
business to provide the goods, services or construction to be purchased, and a physical
business address located within Monroe County from which the Respondent operates or
performs business on a day-to-day basis that is a substantial component of the goods or
services being offered to Monroe County. Post Office Boxes are not verifiable and shall
not be used for the purpose of establishing a physical address. Respondents shall submit
5
a copy of their receipt of the business tax paid and also affirm in writing their compliance
with the foregoing at the time of submitting their bid or proposal to be eligible for
consideration as a"local business"under this section.
Current and,Projected Forl{loa
Respondents should show a workload that will allow for timeliness of submittals for this
project.
Tab 9`Offi
Y H
ce Loc�.
Respondent shall indicate the location of all offices that will assist with this work. A
local office in Monroe County is preferable.
Tab 10:>ltinanciallCrormat�on and Luhgat3o
The Respondent will provide the following information:
1. A list of the firm's shareholders with five percent or more of the stock, or if a general
partnership, a list of the general partners; or, if a limited liability company, a list of its
members;
2.A list of the officers and directors of the firm;
3. The number of years the Respondent has been operating and, if different, the number
of years it has been providing the services, goods, or construction services called for in
the RFQ;
4.The number of years the Respondent has operated under its present name and any prior
names;
5. The following, including answers to the questions regarding claims and suits:
a. Has the Respondent ever failed to complete work or provide the goods for
which it has contracted?
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the Respondent, or its officers or general partners? If yes, provide
details;
c. Has the Respondent, within the last five years, been a party to any lawsuit or
arbitration with regard to a contract for services, goods or construction services similar to
those requested in the specifications? If yes,provide details;
d. Has the Respondent ever initiated litigation against the county or been sued
by the county in connection with a contract to provide services, goods or construction
services? If yes,provide details;
e. Whether, within the last five years, an officer, general partner, controlling
shareholder or major creditor of the Respondent was an officer, general partner,
controlling shareholder or major creditor of any other entity that failed to perform
services or furnish goods similar to those sought in the request for bids; and
6. Credit references
7. Financial statements for the previous three(3)years.
8. Respondent shall advise if they have met or endeavored to meet the minority business
enterprise procurement goals of 287.09451, and if so,explain what has been done.
Tab 11„Coun# Fob
Respondent shall complete and execute the forms specified below and found at the
designated pages in this RFQ, signatures shall be current on all forms, dated within thirty
days of the date of submission as described in Section 1.08B herein, and Respondent
shall include them in the section tabbed 11:
Form Page
Response Form 36
Lobbying and Conflict of Interest Clause 37
Non-Collusion Affidavit 38
Drug Free WorkplaceForm 39
Respondent's Insurance and
Indemnification Statement 39
Insurance Agent's Statement 40
Local Preference Form 42
Public Entity Crime Form 44
Respondent shall produce evidence of proper licensing to perform the services described
herein. Copies of all professional and occupational licenses shall be included in this
section.
1.10 MODIFICATION OF RESPONSES
Written modification will be accepted from Respondents if addressed to the entity and
address indicated in the Notice of Request for Proposals and received prior to Proposal
due date and time. Modifications must be submitted in a sealed envelope clearly marked
on the outside, with the Respondents name and "Modification to Statement of
Qualifications -- Engineering Design and Permitting Services for Canal
Demonstration Projects". If sent by mail or by courier, the above-mentioned envelope
shall be enclosed in another envelope addressed to the entity and address stated in the
Notice of Request for Qualifications. Faxed or emailed modifications shall be
automatically rejected.
1.11 RESPONSIBILITY FOR RESPONSE
The Respondent is solely responsible for all costs of preparing and submitting the
response, regardless of whether a contract award is made by the County.
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1.12 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened and read
aloud at the appointed time and place stated in the Notice of Request for Qualifications.
Monroe County's representative authorized to open the responses will decide when the
specified time has arrived and no responses received thereafter will be considered. No
responsibility will be attached to anyone for the premature opening of a response not
properly addressed and identified. Respondent or their authorized agents are invited to be
present.
1.13 DETERMINATION OF SUCCESSFUL RESPONDENT
The County reserves the right to reject any and all responses and to waive technical errors
and irregularities as may be deemed best for the interests of the County. Responses
which contain modifications are incomplete,unbalanced,conditional,obscure,or which
contain additions not requested or irregularities of any kind,or which do not comply in
every respect with the Instructions to Respondent and the contract documents, may be
rejected at the option of the County.
A. Each TAB section will be given points used to score and evaluate firms and
individuals. Should a Respondent meet the requirements of Local Preference in Tab 9
he/she will be awarded 5 additional points in that Tab.The point structure is as follows:
TAB 1 Executive Summary 5
TAB 2 Relevant Experience 20
TAB 3 Familiarity with Canal Masterplan/other 30
TAB 4 Understanding of the Scope of work 15
TAB 5 Schedule and Availability 10
TAB 6 References and Past Performance 5
TAB 7 Staffing 5
TAB 8 Current and Projected Workload 5
TAB 9 Organization/Office Location 5 (10 if Local Preference
requirements are met
TAB 10 Financial Information 0
TAB 11 County Forms 0
�„
TOTAL ,,,,,,�
�, �„
(105 if Local Preference requirements are met)
B. Following the receipt of responses, a committee will meet in a noticed public
meeting to review the responses. The committee will rank the submittals in order
of preference and make a recommendation to the County Commission to
negotiate contracts with the preferred respondents. If a mutually satisfactory
agreement cannot be reached with a particular respondent, staff will negotiate
with the next preferred respondent and so forth, as directed by the BOCC. No
8
binding contract is created between any respondent and the County until a
contract is approved by the County Commission.
1.14 AWARD OF CONTRACT
A. The County reserves the right to award separate contracts and to waive any
informality in any response, or to re-advertise for all or part of the work
contemplated. If responses are found to be acceptable by the County, written
notice will be given to the selected Respondent(s) of the award of the
contract(s).
B. If the award of a contract is annulled, the County may award the contract to
another Respondent or the work may be re-advertised or may be performed by
other qualified personnel as the COUNTY decides.
C. A contract will be awarded to the Respondent(s) deemed to provide the services
which are in the best interest of the County.
D. The County also reserves the right to reject the response of a Respondent who
has previously failed to perform properly or to complete contracts of a similar
nature on time.
1.15 EXECUTION OF CONTRACT
The Respondents to whom a contract is awarded will be required to return to the County
four executed counterparts of the prescribed contract together with the required
certificates of insurance.
1.16 CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS
The Respondent shall be responsible for all necessary insurance coverage as indicated
below. The Respondent shall be responsible for ensuring that all coverages remain in
effect for the duration of the contract. Certificates of Insurance must be provided to
Monroe County fifteen days prior to the submission of the contract to the Board of
County Commissioners for the award of contract, with the Monroe County Board of
County Commissioners listed as additional insured as indicated. No contract shall be
awarded until Monroe County has received proof of insurance and that Monroe County
Board of County Commissioners is listed as the additional insured. If the proper
insurance forms are not received within the fifteen day period, the contract may be
awarded to the next selected Respondent. Policies shall be written by companies licensed
to do business in the State of Florida and having an agent for service of process in the
State of Florida.Companies shall have an A.M. Best rating of VI or better.
9
Worker's Compensation Statutory Limits
Employers' Liability Insurance $1,000,000 Accident
$1,000,000 Disease,policy limits
$1,000,000 Disease each employee
General Liability, including $1,000,000 Combined Single Limit
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Vehicle Liability $1,000,000 per Occurrence
(Owned,non-owned and hired vehicles) $1,000,000 Combined Single Limit
Professional Liability $1,000,000 per Occurrence
$2,000,000 Aggregate
Monroe County shall be named as an Additional Insured on the General Liability and
Vehicle Liability policies.
1.17 INDEMNIFICATION
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 attorney's fees, court 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, errors, or other wrongful act
or omission of the Consultant, 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 the 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.
10
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 contract.
II
SECTION TWO
DRAFT CONTRACT
Contract for Engineering Design and Permitting Services
for the Canal Demonstration Projects.
THIS Contract (The AGREEMENT) made and entered into this day
of 2014 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 the "COUNTY," through the Monroe
County Board of County Commissioners (BOCC), the Owner and (CONSULTANT
NAME) a of the State of , whose address is
its successors and assigns, hereinafter
referred to as"CONSULTANT".
WITNESSETH:
WHEREAS, the COUNTY benefits economically and environmentally by having non-
impaired water quality in its canals and near shore waters;and
WHEREAS, the COUNTY has completed the Canal Management Master Plan to better
understand the condition of the water quality in its 502 canals; and
WHEREAS, the COUNTY has agreed to proceed with several demonstration projects to
test various methods for canal restoration techniques to verify the applicability,
feasibility,effectiveness and costs in real time of the techniques on the canals; and
WHERAS, the COUNTY issued a Request For Qualifications for a firm to design and
permit the projects, and provide construction administration services; and
WHEREAS, the CONSULTANT had the highest ranked scores for qualifications;
NOW,THEREFORE, in consideration of 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
ARTICLE I
REPRESENTATIONS AND WARRANTIES
By executing this Agreement, the CONSULTANT makes the following express
representations and warranties to the COUNTY:
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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 satisfied;
1.1.2 The CONSULTANT has become familiar with the Project site(s) and the local
conditions under which the Projects are to be designed, constructed,and operated;
1.1.3 The CONSULTANT shall prepare all documents required by this Agreement
including, but not limited to, all contract plans and specifications, in such a
manner that they shall be in conformity and comply with all applicable law, codes
and regulations. The CONSULTANT warrants that the documents prepared as a
part of this Contract will be adequate and sufficient to accomplish the purposes of
the Project, therefore, eliminating any additional construction cost due to missing
or incorrect design elements in the contract documents;
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ.
1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the Project.
In providing all services pursuant to this agreement, the CONSULTANT shall
abide by all statutes, ordinances, rules and regulations pertaining to, or regulating
such services, including those now in effect and hereinafter adopted. Any
violation of said statutes, ordinances, rules and regulations shall constitute a
material breach of this agreement and shall entitle the COUNTY to terminate this
agreement immediately upon delivery of written notice of termination to the
CONSULTANT.
1.1.6 At all times and for purposes under this agreement the CONSULTANT is an
independent contractor and not an employee of the Board of County
Commissioners for Monroe County. No statement contained in this agreement
shall be construed so as to find the CONSULTANT or any other of his/her
employees, contractors, servants, or agents to be employees of the Board of
County Commissioners for Monroe County.
1.1.7 The CONSULTANT shall not discriminate against any person based on race,
creed, color,national origin, sex, age or any other characteristic or aspect which is
not related, in its recruiting,hiring, promoting, terminating, or other area affecting
employment under this agreement or with the provision of services or goods
under this agreement.
ARTICLE H
SCOPE OF BASIC SERVICES
2.1.1 The CONSULTANT will perform for the COUNTY services as described in
Attachment A,Scope of Services.
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2.1.2 This CONTRACT is effective on the Day of 2014 and
shall extend through , 2014. The completion of the design and
permitting of the projects shall be completed within 4 months of the effective
date.
2.2 CORRECTIONS OF ERRORS,OMMISSIONS,DEFICIENCIES
2.2.1 The CONSULTANT shall, without additional compensation, promptly correct
errors, omissions, deficiencies, or conflicts in the work product of the
CONSULTANT or its subconsultants,or both.
2.3 NOTICE REQUIREMENTS
2.3.1 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 prepaid, to the COUNTY by certified mail, return receipt requested, to
the following:
Mr. Roman Gastesi,Jr.
County Administrator
1100 Simonton Street
Key West,FL 33040
For the Consultant:
(NAME)
(Street Address)
(City,State and Zip)
ARTICLE III
ADDITIONAL SERVICES
3.1 The services described in this Article III are not included in Basic Services. They
shall be paid for by the COUNTY as provided in this agreement as an addition to the
compensation paid for the Basic Services but only if approved by the COUNTY before
commencement, and as follows:
A. Providing services of CONSULTANT for other than the previously listed
consulting scope of Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted consulting
practice.
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C. Providing representation before public bodies in connection with the Project,
upon approval by the COUNTY.
3.2 If Additional Services are required, such as those listed above, the COUNTY shall
issue a letter requesting and describing the requested services to the CONSULTANT.
The CONSULTANT shall respond with fee proposal to perform the requested services.
Only after receiving an amendment to the Agreement and a notice to proceed from the
COUNTY, shall the CONSULTANT proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the project
including physical location of work, county maintained roads and maps.
4.2 The COUNTY shall designate the Monroe County Sustainability Office to act on
the COUNTY'S behalf with respects to the Project. The COUNTY or Monroe County
Engineering Services Department 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 CONSULTANTS services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or
nonconformance 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
Consultants 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 may be of assistance to the CONSULTANT that the
COUNTY has immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
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5.1.1 The CONSULTANT covenants and agrees to indemnify and hold harmless
COUNTY/Monroe County and Monroe County Board of County Commissioners
from any and all claims for bodily injury, including death, personal injury, and
property damage, including property owned by Monroe County, and any other
losses, damages, and expenses, including attorney's fees, court costs and
expenses, which arise out of, in connection with, or by reason of services
provided by the CONSULTANT or Subcontractor(s) in any tier, occasioned by
the negligence, errors, or other wrongful act or omission of the CONSULTANT
in any tier,their employees,or agents.
5.1.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for
the indemnification provided for above. The extent of liability is in no way
limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this agreement. Should any claims be asserted against the
COUNTY by virtue of any deficiency or ambiguity in the plans and specifications
provided by the CONSULTANT, the CONSULTANT agrees and warrants that he
shall hold the COUNTY harmless and shall indemnify him from all losses
occurring thereby and shall further defend any claim or action on the COUNTY'S
behalf.
5.1.3 In the event the completion of the project (to include the work of others) is
delayed or suspended as a result of the CONSULTANT'S failure to purchase or
maintain the required insurance, the CONSULTANT shall indemnify COUNTY
from any and all increased expenses resulting from such delays. Should any
claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in
the plans and specifications provide by the CONSULTANT the CONSULTANT
agrees and warrants that CONSULTANT hold the COUNTY harmless and shall
indemnify it from all losses occurring thereby and shall further defend any claims
or action on the COUNTY'S behalf.
5.1.4 The extent of liability is in no way limited to, reduced or lessened by the
insurance requirements contained elsewhere within the Agreement.
5.1.5 This indemnification shall survive the expiration or early termination of the
Agreement.
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
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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
PAYMENTS
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the
CONSULTANT'S performance of this Agreement the Total Not to Exceed
Amount of
Payments shall be made after completion of a task or deliverable.
PAYMENTS
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the
CONSULTANT'S performance of this Agreement based on task and deliverable
schedule outlined in Attachment B. The Total Not to Exceed Amount of
will apply to this Agreement.
7.2.1 For its assumption and performances of the duties,obligations and responsibilities
set forth herein,the CONSULTANT shall be paid monthly.
(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, an invoice to the 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
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such documentation or data in support of expenses for which payment is
sought that the COUNTY may require.
(C) For the performance of the optional additional services and contingent
additional services described in Article III of this contract, provided same
are first authorized in writing by the COUNTY, the CONSULTANT shall
be paid hourly at the rates identified in Exhibit B,or as negotiated.
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;
c. Postage and handling of reports;
7A BUDGET
7.4.1 The CONSULANT may not be entitled to receive, and the COUNTY is not
obligated to pay, any fees or expenses in excess of the amount budgeted for this
Agreement in each fiscal year (October 1- September 30) by COUNTY'S Board of
County Commissioners. The budgeted amount may only be modified by an affirmative
act of the COUNTY'S Board of County Commissioners.
ARTICLE VIII
INSURANCE
8.1.1 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.
8.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best
Rating of VI or better, that is licensed to do business in the State of Florida and
that has an agent for service of process within the State of Florida. The insurance
certificate shall contain an endorsement providing sixty (60) days' notice to the
COUNTY prior to any cancellation of said coverage. Said coverage shall be
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written by an insurer acceptable to the COUNTY and shall be in a form
acceptable to the COUNTY.
8.1.3 CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida,
sufficient to respond to Chapter 440 Florida Statutes.
B. Employers Liability Insurance with limits of $1,000,000 per Accident,
$1,000,000 Disease, policy limits,$1,000,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of
others arising from use of motor vehicles, including onsite and offsite
operations, and owned, hired or non-owned vehicles, with One Million
Dollars ($1,000,000.00) combined single limit and One Million Dollars
($1,000,000.00)annual aggregate.
D. Commercial general liability, including Personal Injury Liability insurance
covering claims for injuries to members of the public or damage to property of
others arising out of any covered act or omission of the CONSULTANT or
any of its employees, agents or subcontractors or subconsultants, including
Premises and/or Operations,Products and Completed Operations, Independent
Contractors; Broad Form Property Damage and a Contractual Liability
Endorsement with One Million Dollars ($1,000,000) per occurrence and
annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or
provided on a Claims Made policy, its provisions should include coverage for
claims filed on or after the effective date of this Agreement. In addition, the
period for which they may be reported must extend for a minimum of 48
months following the termination or expiration of this Agreement.
E. Professional liability insurance of One Million Dollars ($1,000,000.00) per
claim and Two Million Dollars ($2,000,000.00) annual aggregate. If the
policy is a "claims made" policy, CONSULTANT shall maintain coverage or
purchase a"tail" to cover claims made after completion of the project to cover
the statutory time limits in Chapter 95 of the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect to
CONSULTANTS liabilities hereunder in insurance coverage identified in
Paragraphs C and D.
G. CONSULTANT shall require its subconsultants to be adequately insured at
least to the limits prescribed above, and to any increased limits of
CONSULTANT if so required by COUNTY during the term of this
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Agreement. COUNTY will not pay for increased limits of insurance for
subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a
copy of all insurance policies including those naming the COUNTY as an
additional insured by including any subsection hereunder. The COUNTY
reserves the right to require a certified copy of such policies upon request.
I. if the CONSULTANT participates in a self-insurance fund, a Certificate of
Insurance will be required. In addition, the CONSULTANT may be required
to submit updated financial statements from the fund upon request from the
COUNTY.
8.2 APPLICABLE LAW
This contract is governed by the laws of the State of Florida. Venue for any litigation
arising under this contract must be in Monroe County,Florida.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and that it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provisions 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, assignees and legal representatives to the other and to the
successors, assigns and legal representatives of such other party. The CONSULTANT
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shall not assign its right hereunder, excepting its right to payment, nor shall it delegate
any of its duties hereunder without the written consent of the COUNTY.
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
A. In the event 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. The County may terminate this Agreement without cause by giving the other party
sixty(60)days written notice of its intention to do so.
9.6 CONTRACT DOCUMENTS
The contract documents consist of the Request for Qualifications (RFQ), any addenda,
the Form of Agreement (Articles I-XV), the CONSULTANTS response to the RFQ, the
documents referred to in the Form of Agreement as a part of this Agreement, and the
attachments and modifications made after execution by written
amendment. In the event any conflict between any of those Agreement documents, the
one imposing the greater burden on the CONSULTANT will control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been place 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 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 moneys 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
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defined by Section 287.133, as "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 years from
the termination of this Agreement. Each party to this Agreement or their 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 four 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, the
CONSULTANT shall repay the monies together with interest calculated pursuant to Sec.
55.03; FS,running from the date the monies were paid to County.
9.9 GOVERNING LAW,VENUE,INTERPERTATION,COST 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 venue will lie in the 16TH Judicial Circuit, Monroe County, Florida, in the
appropriate court or before the appropriate administrative body in Monroe County,
Florida. This Agreement shall not be subject to arbitration. The County and
CONSULTANT agree that, in the event of conflicting interpretations of the terms or a
term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
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
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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 and court costs expenses, as an award against the non-
prevailing party, and shall include attorney's fees and courts costs expenses in appellate
proceedings, as an award against the non-prevailing party. 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.
9.12 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 no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of
County Commissioners. If the issue or issues are still not resolved to the satisfaction of
the parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law. This provision does not negate or waive
the provisions of paragraph 9.5 concerning termination or cancellation.
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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 other 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 NON DISCRIMINATION
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 the date of the court order.
CONSULTANT and COUNTY 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 V1 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 patent records; 8) Title VIII 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 maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) 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.
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 ACCESS
The CONSULTANT and COUNTY shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the CONSULTANT and COUNTY in conjunction with this Agreement; and
the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONSULTANT.
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.
9.23 PRIVILEGES AND IMMUNITY
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
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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 NEGOTATION
CONSULTANT agrees to execute such documents as the 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 significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end
of the Agreement.
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.
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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
9.28 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 singing any such
counterpart.
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Clerk OF MONROE COUNTY,FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
Date:
(Seal) CONSULTANT
Attest:
By: By:
WITNESS
Title: By:
WITNESS
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ATTACHMENT A
SCOPE OF TECHNICAL SERVICES FOR
DESIGN SERVICES RELATED TO
PILOT TESTING CANAL RESTORATION TECHNOLOGIES
IN UNINCORPORATED MONROE COUNTY RESIDENTIAL CANALS
Monroe County is seeking professional services related to designing and permitting seven
(7) demonstration projects for various canal restoration technologies in unincorporated
Monroe County. Details of the project need,scope,and schedule are presented below.
1.0 INTRODUCTION
1.1 Situation, Need,and Previous Efforts
Construction of residential canals in the Florida Keys was initiated in the mid-20th
century, before resource managers fully understood their impacts on local water quality
and broader coastal ecosystems. Many of the 502 canal systems currently present in the
Keys were excavated to depths of 10 to 20 feet or more in order to maximize production
of fill material. Most were designed as long, multi-segmented, dead-end canal networks
which maximize waterfront property but provide little or no tidal flushing and accumulate
nutrients and decomposing organic material.
Water quality issues involving manmade canals have been evaluated by the U.S.
Environmental Protection Agency (Kruczynski 1999), the Florida Keys National Marine
Sanctuary (FKNMS 2007), and the Florida Department of Environmental Protection
(FDEP 2008). As summarized in the Monroe County Comprehensive Plan (2011), these
issues include anthropogenic pollutant loadings from on-site sewage disposal and
stormwater runoff, and accumulation of nonanthropogenic materials such as senescent
seagrass leaves and other organic flotsam ("weed wrack"), leading to elevated levels of
nutrients, biochemical oxygen demand,hydrogen sulfide, and bacteriological indicators.
Kruczynski (1999) provided the following summary of water quality issues related to
existing Keys canals:
1.The water column of many canals over six feet deep is stratified and bottom waters are
oxygen deficient;
2. Because they usually violate Class III Surface Water Quality Standards,canals were
excluded from the State's previous Outstanding Florida Waters(OFW)designations;
3. Canal systems and basins with poor water quality are a potential source of nutrients
and other contaminants to other nearshore waters;
4. Improving flushing of degraded canal systems may improve the water quality within
the canal;but may also result in adding additional nutrients to the adjacent waters;and
5.Seagrass beds located near the mouths of some degraded canal systems exhibit signs of
undesirable nutrient enrichment and eutrophication, such as increased epiphyte load and
growth of benthic algae.
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Improvements in wastewater treatment and stormwater management practices are
currently being implemented in many areas of the Keys. These improvements are an
essential first step, but will not solve all the water quality problems in existing canals.
Although many of these problems are linked to wastewater and stormwater discharges,
others are due to the physical structure, depth, and orientation of canals, which can
contribute to low flushing and the build-up of organic flotsam.
Recognizing these points, the FKNMS (2007) developed a canal water quality
improvement strategy that includes the following steps:
1.Evaluate and revise the existing'hot spot'list of water quality problem areas;
2. Inventory and characterize canals, identifying those whose water quality
problems that are attributable mainly to physical structure, flushing rates and
orientation;
3.Develop and evaluate improvement strategies;
4. Identify and compile a list of water quality improvement technologies;
5. Develop a community education and involvement program;
6.Conduct canal system restoration pilot projects;and
7. Implement improvement strategies in canals identified as 'hot spots'.
A Keys-wide Canal Management Master Plan (CMMP) has been recently developed by
the County, see Exhibit A, that prioritizes the water quality problems in all of the Keys
canals and provides recommendations for appropriate remedial measures for each canal.
The CMMP addresses Items 1-4 above. Item 5 has been addressed by the initiation of
the community-based Florida Keys Bay Watch. The purpose of this request is to seek
statement of qualifications to address Item 6 to design and permit canal system
restoration demonstration projects
The CMMP identifies the following canal restoration technologies:
a) weed wrack gates/air bubble curtains
b) removal of accumulated organics from canal bottoms
c)backfilling of canals
d) pumping to enhance circulation
e)culvert installation
1.2 Objective(s) -The objectives of the canal restoration demonstration projects are to
implement various restoration techniques to verify the applicability, feasibility,
effectiveness, permitting needs and costs in real time on Keys canals.The demonstration
projects results will assist in modifying, if required, the restoration designs, and will
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provide costs that can be utilized for future restoration planning. The demonstration
testing will allow for future 'shovel ready' proposals to be prepared to obtain grant
funding, particularly from various State and Federal agencies, and RESTORE Act,
where 'shovel ready' is a high priority for funding approval.
1.3 Applications,Benefits, and Importance - A key goal of the Local Action Strategy
for the Land-Based Sources of Pollution of the Southeast Florida Coral Reef Initiative is
to reduce the impacts of land-based sources of pollution to the coral reef ecosystem and
near shore waters. The canal restoration demonstration projects will help to address this
goal by reducing discharges of pollutants from onshore canal systems to nearshore and
offshore waters.
2.0 SCOPE OF SERVICES
2.1 Project Overview
In order to implement the demonstration of restoration technologies on these canals,
Engineering and Technical services will be required that include may include some field
investigations, along with the development of drawings and specifications that
appropriately describe the project for construction bids at the subject sites, and obtaining
permits for the projects.
The scope of work will require the design and preparation of construction documents for
the construction of up to seven (7) canal restorations using the pilot technologies
identified by the CMMP, and rehabilitation measures, including site modifications and
appurtenances in order to improve the water quality in the canals. The identification and
description of the demonstration canals are included in Exhibit B, "Monroe County
Selection of Demonstration Canals for Water Quality lmprovemen&' dated November 8,
2013. In addition, Exhibit C contains the final technical report on Barhymetry Data for
the canals.
Conceptual designs are included, but are not conclusive or complete. In order to finalize
the designs, the CONSULTANT will be required to obtain whatever necessary site
specific data is needed to develop the final designs and to obtain permits.
The CONSULTANT shall consult with the homeowners of each demonstration project to
determine preferences for design and/or potential issues of which they may be aware.
Coordination with homeowners shall be provided by the County, but some coordination
by the Consultant shall be required. The County shall obtain the individual homeowner
approvals. In addition, the CONSULTANT shall submit and receive all required permits
from the appropriate regulatory agencies.
NOTE THAT THE PROJECTS ARE NOT LOCATED ON COUNTY PROPERTY,
BUT RATHER ON PROPERTY OWNED BY PRIVATE HOMEOWNERS.
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CONSULTANT MUST COORDINATE PERMITS WITH THE HOMEOWNERS IN
EACH DEMONSTRATION PROJECT AREA. CONSULTANT SHALL ALSO
COORDINATE EASEMENTS AND ACCESS TO THE SEVEN SEPARATE SITES
AND PROVIDE FOR DISPOSAL OF ANY SPOIL MATERIAL.
The Consultant shall document all meetings and conversations with regulatory agencies.
If permits are denied for incompleteness or for lack of following said codes or
regulations, or permit requirements, then the Consultant will conform the construction
documents in such manner to receive permits upon such plans. Work required by the
Consultant to conform documents to federal, state, city, county, or agency specifications
to allow them to be approved shall be completed at no charge or cost to the County,
unless said requirements are changed during the course of the project.
2.2 Engineering and Technical Services
The CONSULTANT shall provide field investigations as needed, develop engineering
design documents, obtain all necessary permits, and provide bid support for the
construction of the demonstration projects as described above. The field investigations
will consist of on-site field assessments as needed and review of canal database
information. The engineering design will consist of developing 30%, 60% construction
documents,and 100% construction documents in accordance with the requirements of the
local authority and sound engineering judgment. The Engineering and Technical Services
include the preparation of construction plans and specifications, obtaining all appropriate
permits,permitting support,bid support and construction support services.
Task A-ASSESSMENT
Assessment of site environmental conditions for determining the presence of
contaminants in the soil, rock, surface water or groundwater of the site is beyond the
scope of the proposed field investigation. Such site information is provided in Exhibits A
and B. CONSULTANT will review the on-site plans and documents available from
Monroe County and from previous studies. Prior to the field visit, CONSULTANT will
prepare a Health and Safety Plan and provide instructions for safe work on the site and
for the project in keeping with CONSULTANT's safety protocol. CONSULTANT
understands that these documents will be provided upon receipt of the Notice-to-Proceed
with work. Initial project setup tasks, such as the development of the Quality Control
Plan (QCP), and the Health and Safety Plan(HASP)will be completed during this task.
A registered professional engineer who has experience in water resources shall direct and
supervise the services.
Deliverables- Field Assessment Report Quality Control Plan Health and Safety Plan
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Task B• COORDINATE RESIDENT COMMUNICATIONS
The COUNTY will obtain all homeowner approvals for access and use of the canals for
each demonstration project. CONSULTANT shall assist Monroe County with the
coordination of Monroe County resident communications related to the canal restoration
efforts.CONSULTANT will prepare and maintain a log of resident communications and
keep Monroe County informed of the status of the communications in a monthly
summary report. Attendance at homeowner meetings will be required if requested by the
homeowners.
Task C -CONCEPTUAL DESIGN ALTERNATIVES FOR THE SELECTED
CANALS
CONSULTANT shall review the existing conceptual designs,coordinate with
homeowners,and produce a final conceptual design that meets with the approval of the
homeowners and the County.
As part of this task, CONSULTANT will request and review any applicable record
drawings and related utility records, and research Monroe County, U.S. Army Corp of
Engineer (USACE), South Florida Water Management District (SFWMD), Florida
Department of Environmental Protection (FDEP) and all other permit requirements.
CONSULTANT will attend meetings with County staff or regulatory agencies during this
phase.
The design criteria for each demonstration canal restoration effort will be developed.
The Conceptual Design for each canal restoration will be finalized during this phase.
Final conceptual design plans and specifications will be produced for review and
comment during this phase.One resubmission is included in this phase.
Deliverables - Final Conceptual Design Plans and Specifications for each of the
selected canal restorations
Task D -60% CONSTRUCTION DOCUMENTS COMPLETION SUBMITTAL
Upon acceptance of the Conceptual Design Submittal by the County, CONSULTANT
will continue to advance the design to the 60% completion phase, and add construction
documents that indicate a project understanding and design intent. The 60% submittal
will depict the impacts to site operations, and provide continuity of operations during
construction as possible. Based upon existing documents, state and county requirements,
additional local and applicable codes and standards, and design conditions,
CONSULTANT will prepare the 60% design plans and specification documents for the
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County's review.
Draft permit applications and supporting documents will also be prepared during this
stage of the work. The permit support and applications anticipated during this project
include, but may not be limited to FDEP/SFWMD Environmental Resource Permit,
USACE Dredge and Fill Permit, and National Marine Sanctuary Permit. The
CONSULTANT shall be responsible for obtaining site access for each demonstration
project site.
All drawings shall use the Monroe County preferred legend and CADD and graphic
standards. Plans and specifications will be signed and sealed by licensed, registered
professional engineers. One review and resubmittal of the 60% Construction Documents
Submittal shall be conducted prior to the start of the 100% submittal phase.
Deliverables—60%Design Plans for each of the selected canals far restoration 60%
Design Specifications for each of the selected canals for Restoration
Partial permitting support documents-sketch plans and known permitting
support drawings
Task E-100% CONSTRUCTION DOCUMENTS COMPLETION SUBMITTAL
Upon acceptance of the 60% Design Submittal by the County, CONSULTANT will
advance the design to the 100% Submittal phase, which will represent the final submittal.
The 100% documents will address all changes, comments and concerns from the review
of the 60% submittal.These are the final documents that will be used during construction.
The Engineer's Cost Estimate will be prepared and submitted along with the 100% Plans
and Specifications as part of this phase.
Permit applications will be submitted to each applicable agency during this stage and
prior to the bidding phase. Any permit fees will be the responsibility of Monroe County.
Deliverables -100% Design Plans for each of the selected canals for restoration 100%
Design Specifications for each of the selected canals for Restoration 100% Engineer's
Cost Estimate Permitting support documents-as required
Task F-BID SUPPORT
CONSULTANT will assist Monroe County in the preparation of the bid packages,
attend one bid meeting for each pilot canal restoration, and provide written responses
to bidder inquiries that will be included as amendments to the solicitations.
Task G -CONSTRUCTION SUPPORT SERVICES AND ENGINEERING
DURING CONSTRUCTION(EDC)
CONSULTANT will provide construction oversight services during the installation of
each canal restoration.
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3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS
To satisfactorily perform the Construction Documents phase requirement, the
Consultant must complete the tasks set forth in items 3.1 through 3.5.
3.1 Survey — Obtain services of licensed surveyor for preparation of construction
plans.
3.2 Construction Plans — This consists of, at a minimum, Key Sheet, Summary of
Pay Items and Quantities, Project Layout, Plan and Profile sheets including locations of
existing utilities,Typical Sections,Detail sheets,and General Notes.
3.3 Specifications —Comprehensive, abbreviated methods, materials and systems
descriptions in tune with the drawings will be developed as necessary with Technical
Special Provisions.
3.4 Schedules—Prepare an estimate of the Construction Time.
3.5 Estimate of Construction Cost—Estimate of anticipated cost in accordance with
the Construction Documents.
4.0 CONSTRUCTION PHASE
4.1 The Consultant shall review and approve or take other appropriate action upon
Contractor's Shop Drawings submittals for prefabricated elements to be placed
permanently in the structure but only for the limited purpose of checking for
conformance with information given and the design concept expressed in the Contract
Documents.The Consultant's action shall be taken with such reasonable promptness as to
cause no delay in the Contractor's Work or in construction by the County's own forces,
while allowing sufficient time in the Consultant's professional judgment to permit
adequate review.
In general, said review and action shall be completed in 10 working days from receipt of
a shop drawing submittal, excluding resubmittals. Review of such submittals is not
conducted for the purpose of determining the accuracy and completeness of other details
such as dimensions and quantities or for substantiating instructions for installation or
performance of equipment or systems designed by the Contractors, all of which remain
the responsibility of the Contractors to the extent required by the Contract Documents.
The Consultant's review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Consultant, of construction means, methods,
techniques, sequences,or procedures.
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4.2 The Consultant shall, without additional compensation, promptly correct any
errors, omissions, deficiencies, or conflicts in the work product of the Consultant or its
consultants or both.
4.3 The Consultant must reimburse the County for any added costs paid by the County
during construction that were incurred as the result of any error, omission, deficiency, or
conflict in the work product of the Consultant, its consultants, or both. This added
expense is defined as the difference in cost from that which the County would have paid
if the work was included in the bid,and the actual cost presented by the Contractor.
5.0 CONSTRUCTION COST
Contemporaneously with the submission of the Design, the Consultant shall submit to the
County in writing its final estimate of the contractor's anticipated bid price for
constructing each of the Demonstration Projects. Once submitted, the final anticipated
price estimate shall be adjusted by the Consultant to reflect any increase or decrease in
anticipated price resulting from a change in Design.
5.1 The Construction Cost shall be the total estimated bid cost to the County of all
elements of the Projects designed or specified by the Consultant.
5.2 The Construction Cost shall include the cost at current market rates of labor and
materials and Equipment designed, specified, selected or specially provided for by the
Consultant,plus a reasonable allowance for Contractor's overhead and profit.
5.3 Construction cost does not include the compensation of the Consultant and the
Consultant's consultants, the costs of land, rights-of-way, financing or other costs which
are the responsibility of the County.
5.4 The Consultant agrees that, should the bid for construction of the project exceed
its estimate by ten percent (10%) or more, it will redesign, redraw or rebid, at no
additional cost or expense to the County,until the bids are within the stated limits.
6.0 PAYMENTS
CONSULTANT will perform the above scope of services on a time and materials basis
for the not-to-exceed fees to be negotiated with the selected CONSULTANT.
CONSULTANT will not exceed the not-to-exceed fee without County authorization for
an increase in the scope of services. Invoicing will be done monthly and will include a
status report detailing work completed during that invoice period. Payment of the
invoice is due thirty(30)days upon receipt of invoice.
SECTION THREE: RESPONSE FORMS
RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
clo PURCHASING DEPARTMENT
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
1 acknowledge receipt of Addenda No. (s)
I have included:
o The Submission Response Form
o Lobbying and Conflict of Interest Clause
o Non-Collusion Affidavit
o Drug Free Workplace Form
o Respondent's Insurance and Indemnification Statement
o Insurance Agent's Statement
o Local Preference Form
o Public entity crime statement
In addition, I have included a current copy of the following professional and occupational
licenses:
(Check mark items above, as a reminder that they,are included.)
Mailing Address:
Telephone:
Fax:
Date:
Signed: Witness:
(Seal)
(Name)
(Title)
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
11
(Company)
"...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, commission, percentage, gift, or consideration paid to the former
County officer or employee".
{Signature)
Date:
STATE OF � .� .........m .... .„m..
COUNTY OF:
Subscribed and sworn to(or affirmed)before me on
(date)by (name of afflant). He/She Is personallly
known to me or has produced as
identification. (type of'dentification)
NOTARY PUBLIC
My commission expires:
3
NON-COLLUSION AFFIDAVIT
I, of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
1. 1 am
of the firm of
the bidder making the Proposal for the project described in the Request for
Qualifications for:
and that I executed the said proposal with full authority to do so:
2. the prices in this bid 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 or with
any competitor;
3. unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the purpose
of restricting competition;
5. the statements contained in this affidavit are true and correct,and made with full
knowledge that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project.
(Signature of Respondent) (Date)
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first
being sworn by me, (name of individual signing) affixed his/her signature in the space
provided above on this day of 20
NOTARY PUBLIC
My Commission Expires:
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DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
(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 sign the statement, I certify that this firm complies fully with
the above requirements.
Respondent's Signature
Date
NOTARY PUBLIC
My Commission Expires:
39
Respondent's Insurance and Indemnification Statement
Insurance Requirement Required Limits
Worker's Compensation Statutory Limits
Employer's Liability $1,000,000/$1,000,000/$1,000,000
General Liability $1,000,000 Combined Single Limit
Vehicle Liability $1,000,000 Combined Single Limit per
Occurrence
Professional Liability $1,000,000 per occurrence
$2,000,000 aggregate
IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSULTANTS
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 property owned
by Monroe County, and any other losses, damages, and expenses of any kind, including
attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of
services provided by the CONSULTANT or any of its Subcontractor(s)in any tier,occasioned by
the negligence, errors, or other wrongful act or omission of the CONSULTANT, including its
Subcontractor(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.
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 the contract and will comply in full
with all the requirements.
Respondent Signature
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INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY DEDUCTIBLES
Liability policies are Occurrence Claims Made
Insurance Agency Signature
Print Name:
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LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this
form.
Name of Bidder/Responder Date:
I. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax
Collector dated at least one year prior to the notice or request for bid or proposal?
(Please furnish copy)
2. Does the vendor have a physical business address located within Monroe County from which
the vendor operates or performs business on a day to day basis that is a substantial component of
the goods or services being offered to Monroe County?
List Address:
Telephone Number:
B.Does the vendor/prime contractor intend to subcontract 50%or more of the goods,services or
construction to local businesses meeting the criteria above as to licensing and location?
If yes,please provide:
1.Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the
subcontractor dated at least one year prior to the notice or request for bid or proposal.
2.Subcontractor Address within Monroe County from which the subcontractor operates:
Tel.Number
Print Name:
Signature and Title of Authorized Signatory for
Bidder/Responder
STATE OF
COUNTY OF
On this - day of-, 20 before me, the undersigned notary public, personally
appeared . known to me to be the person whose name is
subscribed above or who produced as identification, and
acknowledged that he/she is the person who executed the above Local Preference Form for the
purposes therein contained.
Notary Public
Print Name
My commission expires: Seal
42
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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 36 months from the date of being placed
on the convicted vendor list."
I have read the above and state that neither ( 1 nor any Affiliate has been placed on
the convicted vendor list within the last 36 months.
(Signature)
Date:
STATECOUNTY OF:
Subscribed and sworn to(or affirmed)before me on the day of ,20 ,by
(name of affiant).
He/She is personally known to me or has produced
(type of identification)as identification.
y CommissionExpires:
NOTARY PUBLIC
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