Item C03 C.3
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
May 22, 2019
Agenda Item Number: C.3
Agenda Item Summary #5462
BULK ITEM: Yes DEPARTMENT: Engineering/Roads
TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 453-8754
N/A
AGENDA ITEM WORDING: Approval of a contract with CSA Central, Inc. for Design and
Permitting for the Florida Keys Overseas Heritage Trail (FKOHT) connection at Cudjoe Gardens
project in the total maximum not to exceed amount of$85,488.00. The engineering design is funded
by a Florida Department of Transportation (FDOT) Transportation Alternatives Program (TAP)
grant in the amount of $70,500.00 and District 1 Transportation Impact Fees in the amount of
$14,988.00.
ITEM BACKGROUND:
Members of the Cudjoe Gardens neighborhood association contacted Monroe County planning and
engineering staff requesting the continuation of an asphalt paved path from the crosswalk to the
Florida Keys Overseas Heritage Trail (FKOHT) across the street to their neighborhood at oceanside
(Drost Drive and US 1).
Staff applied for and received a Florida Department of Transportation (FDOT), Transportation
Alternatives Program (TAP) grant in the amount of$70,500.00. The design phase is programmed in
2019 and the construction phase is programmed in 2022. District 1 Impact Fees are funding the
difference of$14,988.00.
PREVIOUS RELEVANT BOCC ACTION:
March 21, 2019 — The BOCC approved contract negotiations with CSA Central, Inc. the highest
ranked respondent to the Request for Qualifications for the Engineering Design and Permitting for
the Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens project.
October 17, 2018 — The BOCC approved a Florida Department of Transportation (FDOT)
Transportation Alternatives Program (TAP) grant agreement for Engineering Design and Permitting
for the Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens project in the
grant amount of$70,500.00.
May 17, 2017 — The BOCC approved by resolution a prioritization of the two (2) local applications
for the 2017 Transportation Alternatives Program. The Rowell's Waterfront Park was ranked
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number 1 and the Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens
was ranked number 2.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of contract with CSA Central, Inc. for Design and
Permitting for the Florida Keys Overseas Heritage Trail (FKOHT) connection at Cudjoe Gardens
proj ect.
DOCUMENTATION:
5.22.19 CSA Engineering Design and Permitting FKOHT Trail connection_CSAsigned_CL stamp r
FINANCIAL IMPACT:
Effective Date: May 22, 2019
Expiration Date: approval of design by FDOT (estimated February 2020)
Total Dollar Value of Contract: $85,488.00
Total Cost to County: $14,988.00
Current Year Portion: $50,000.00
Budgeted: yes
Source of Funds: 125-22566-560630
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: no If yes, amount:
Grant: FDOT LAP Agreement$70,500.00 (LAP Agreement# G1558, FM#441745-1-38-01,
Fed Id# D618-084-b)
County Match: $14,988.00
Insurance Required: yes
Additional Details: no additional funding from FDOT due to article 3.01 of LAP Agreement.
REVIEWED BY:
Judith Clarke Completed 05/06/2019 4:26 PM
Christine Limbert Completed 05/06/2019 4:58 PM
Budget and Finance Completed 05/07/2019 8:26 AM
Maria Slavik Completed 05/07/2019 9:20 AM
Kathy Peters Completed 05/07/2019 2:57 PM
Board of County Commissioners Pending 05/22/2019 9:00 AM
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AGREEMENT FOR
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ENGINEERING DESIGN AND PERMITTING FKOHT CONNECTION AT CUDJOE GARDENS
PROJECT
This Agreement ("Agreement") made and entered into this day of
20 by and between Monroe County, a political subdivision of the State of Florida, whose �s
address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter
referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"),
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CSA Central, Inc., a foreign corporation of the State of Ohio, authorized to do business in
the State of Florida, whose address is 8200 NW 41 Street, Suite 305, Doral, Florida 33166 its
successors and assigns, hereinafter referred to as "CONSULTANT",
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WITNESSETH:
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WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for
Engineering Design and Permitting Services for the Florida Keys Overseas Heritage Trail
(FKOHT) Connection at Cudjoe Gardens project(FDOT LAP Agreement G1558, FM#441745-1,
Federal ID: D618-084-b); and
WHEREAS, CONSULTANT has agreed to provide professional services which shall include
but not be limited to Engineering Design and Permitting Services for the Florida Keys Overseas
Heritage Trail (FKOHT) Connection at Cudjoe Gardens project; and
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
FORM OF AGREEMENT
ARTICLE 1 U)
1.1 REPRESENTATIONS AND WARRANTIES
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By executing this Agreement, CONSULTANT makes the following express representations and
warranties to the COUNTY:
1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties
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hereunder have been fully satisfied;
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1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under
which the Work is to be completed.
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1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a
manner that they shall be accurate, coordinated and adequate for use in verifying work
completed and shall be in conformity and comply with all applicable law, codes and
regulations. The CONSULTANT warrants that the documents prepared as a part of this
Agreement will be adequate and sufficient to document costs in a manner that is acceptable
for reimbursement by government agencies, therefore eliminating any additional cost due to
missing or incorrect information;
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 U)
and regulations pertaining to, or regulating the provisions of such services, including those
now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board to
terminate this contract immediately upon delivery of written notice of termination to the
CONSULTANT.
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1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the CONSULTANT
or any of his/her employees, contractors, servants, or agents to be employees of the Board
of County Commissioners for Monroe County.
1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
in its recruiting, hiring, promoting, terminating, or any other area affecting employment under
this agreement or with the provision of services or goods under this agreement.
1.1.8 The CONSULTANT shall complete the scope of services within 210 working days from Notice
to Proceed by the COUNTY.
ARTICLE II
SCOPE OF BASIC SERVICES U)
2.1 DEFINITION
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CONSULTANT'S Scope of Basic Services consist of those described in Attachment A. The
CONSULTANT shall commence work on the services provided for in this Agreement promptly upon
his receipt of a written notice to proceed from the COUNTY.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
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The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, ri
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deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both.
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2.3 NOTICE REQUIREMENT
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All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement shall
be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail,
return receipt requested, to the following:
For the County:
Ms. Judith Clarke, P.E.
Director of Engineering Services
Monroe County
1100 Simonton Street, Room 2-216
Key West, Florida 33040
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And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the Consultant: psi
Mr. Roberto Leon, P.E.
CSA Central, Inc.
8200 NW 41 Street
Suite 305
Doral, Florida 33166
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services are services not included in the Scope of Basic Services. Should the
COUNTY require additional services they shall be paid for by the COUNTY at rates or fees
negotiated at the time when services are required, but only if approved by the COUNTY
before commencement.
3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing
the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee
proposal to perform the requested services. Only after receiving an amendment to the
Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed
with the Additional Services. FDOT will not fund additional services other than the scope as
set forth in Basic Scope of Services. Any additional services must be funded and approved
by the Board of County Commissioners.
ARTICLE IV
COUNTY'S RESPONSIBILITIES Ci
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4.1 The COUNTY shall provide full information regarding requirements for the Project including
physical location of work, county maintained roads, maps.
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4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
to the Project. The COUNTY or its representative shall render decisions in a timely manner
pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable
delay in the orderly and sequential progress of the CONSULTANT'S services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-conformance
with the Agreement Documents. Written notice shall be deemed to have been duly served if
sent pursuant to paragraph 2.3. T
4.4 The COUNTY shall furnish the required information and services and shall render approvals
and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S
services and work of the contractors.
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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.
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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. 0
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless
COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers
and employees from liabilities, damages, losses and costs, including but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or a.
intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons
employed or utilized by the CONSULTANT in the performance of the contract.
5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within this agreement. Should
any claims be asserted against the COUNTY by virtue of any deficiency or 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.
5.3 In the event the completion of the project (to include the work of others) is delayed or17
suspended as a result of the CONSULTANT'S failure to purchase or maintain the required
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insurance,the CONSULTANT shall indemnify COUNTY from any and all increased expenses LO
resulting from such delays. Should any claims be asserted against COUNTY by
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virtue of any deficiencies or ambiguity in the plans and specifications provide by the
CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the
COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further
defend any claims or action on the COUNTY'S behalf.
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.5 This indemnification shall survive the expiration or early termination of the Agreement.
5.6 FDOT INDEMNIFICATION
To the fullest extent permitted by law, the CONSULTANT shall indemnify and hold harmless
the Agency, the State of Florida, Department of Transportation, and its officers and
employees, from liabilities, damages, losses and costs, including, but not limited to, U)
reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of the CONSULANT and persons employed or utilized by �I
the CONSULTANT in the performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the �sl
(COUNTY) Agency's sovereign immunity."
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel, as documented by their resumes, to
perform any service concerning the project.
ARTICLE VII
COMPENSATION
7.1 COMPENSATION BASED ON HOURLY RATES AND DESIGN PHASES
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7.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the CONSULTANT'S
performance of this Agreement based on specific hourly rates of compensation and work
completed for each of the design phases outlined in Attachment B. The Total Estimated Not
to Exceed (unless otherwise specified)Amount of Eighty Five Thousand Four Hundred Eighty
Eight Dollars and Zero Cents ($85,488.00) will apply to this Agreement.
Personnel Function or Subconsultant Hourly Rate Estimated Not To Exceed
Hours Total Salary Cost
(supported by
timesheets
SeniorProject Engineer $155.00 109 $16,895.00
Senior Designer $90.00 72 $6,480.00
Designer $80.00 252 $20,160.00
CADD Technician $45.00 288 $12,960.00
Reimbursable $2,500.00
ex enses estimated
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Javier Bidot Associates $10,900.00
Surve (lump sum
HP Consultants $13,093.00
Geotechnical (lump sum
Laura Llerena $2,500.00
Landscape Architect
(lump sum
Maximum Not To Exceed Amount $85,488.00 g
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7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth
herein, the CONSULTANT shall be paid monthly based on specific rates of compensation.
Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, U)
Florida Statutes. psi
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially
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changed by amendment to this Agreement after execution of this Agreement, cas
compensation due to the CONSULTANT shall be equitably adjusted, either upward i
or downward; g
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice
shall describe with reasonable particularity the service rendered. The
CONSULTANT'S invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought at the COUNTY may require.
7.3 REIMBURSABLE EXPENSES
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7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of a.
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;
7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, LO
any fees or expenses in excess of the amount budgeted for this contract in each fiscal year
(October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted 0
amount may only be modified by an affirmative act of the COUNTY's Board of County
Commissioners.
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7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration.
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ARTICLE VIII
INSURANCE
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8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of the
project (to include the work of others) is delayed or suspended as a result of the
CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT
shall indemnify the COUNTY from any and all increased expenses resulting from such delay.
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8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI
or better, that is licensed to business in the State of Florida and that has an agent for service
of process within the State of Florida. The coverage shall contain an endorsement
providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage.
Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a
form acceptable to the COUNTY.
8.3 CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease,
policy limits, $100,000 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 a.
vehicles, with $50,000 per person, $100,000 per Occurrence, $25,000 property damage
or$100,000 combined single limit.
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D. Commercial general liability, including Personal Injury Liability, covering claims for injuries
to members of the public or damage to property of others arising out of any covered act
or omission of the CONSULTANT or any of its employees, agents or subcontractors or
subconsultants, including Premises and/or Operations, Products and Completed
Operations, Independent Contractors; Broad Form Property Damage and a Blanket
Contractual Liability Endorsement with $300,000 per person; $500,000 per occurrence;
$200,000 property damage; or $500,000 Combined Single Limit.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after the
effective date of this contract. In addition, the period for which claims may be reported LO
must extend for a minimum of 48 months following the termination or expiration of this
contract. E
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E. Engineer's Errors and Omissions insurance of $300,000 per occurrence and $500,000
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 and FDOT shall be named as an additional insured with respect to
CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C
and D.
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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 Agreement. COUNTY will not pay for increased limits of
insurance for subconsultants.
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H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY and FDOT as an additional
insured. The COUNTY reserves the right to require a certified copy of such policies upon
request. U,
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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.
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ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY and
may be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
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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 LO
subcontractor shall comply with all of the provisions of this agreement. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
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9.4 NO THIRD PARTY BENEFICIARIES
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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 that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days T
written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) days written notice of its intention to do so. E
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C. Termination for Cause and Remedies: In the event of breach of any contract terms, the
COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate
this agreement for cause with CONSULTANT should CONSULTANT fail to
perform the covenants herein contained at the time and in the manner herein provided.
In the event of such termination, prior to termination, the COUNTY shall provide
CONSULTANT with five (5) calendar days' notice and provide the CONSULTANT with psi
an opportunity to cure the breach that has occurred. If the breach is not cured, the
Agreement will be terminated for cause. If the COUNTY terminates this agreement with
the CONSULTANT, COUNTY shall pay CONSULTANT the sum due the CONSULTANT
under this agreement prior to termination, unless the cost of completion to the COUNTY
exceeds the funds remaining in the contract; however, the COUNTY reserves the right to
assert and seek an offset for damages caused by the breach. The maximum amount due
to CONSULTANT shall not in any event exceed the spending cap in this Agreement. In
addition, the COUNTY reserves all rights available to recoup monies paid under this
Agreement, including the right to sue for breach of contract and including the right to
pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section
2-721 et al. of the Monroe County Code.
D. Scrutinized Companies: For Contracts of any amount, if the County determines that the
Contractor/Consultant has submitted a false certification under Section 287.135(5), a.
Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel
List, or is engaged in a boycott of Israel, the County shall have the option of(1)terminating
the Agreement after it has given the Contractor/Consultant written notice and an
opportunity to demonstrate the agency's determination of false certification was in error
pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if
the conditions of Section 287.135(4), Florida Statutes, are met.
For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
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determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
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E. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon sixty (60) days' notice to CONSULTANT. If the COUNTY
terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT
the sum due the CONSULTANT under this agreement prior to termination, unless the
cost of completion to the COUNTY exceeds the funds remaining in the contract. The
maximum amount due to CONSULTANT shall not exceed the spending cap in this
Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid
under this Agreement, including the right to sue for breach of contract and including the
right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at U,
Section 2-721 et al. of the Monroe County Code. >
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Proposals, any addenda, the Form of Agreement U)
(Articles I-IX), the CONSULTANT'S response to the RFQ, the documents referred to in the
Form of Agreement as a part of this Agreement, and Attachments A, B, C and D and
modifications made after execution by written amendment. In the event of any conflict
between any of the Contract documents, the one imposing the greater burden on the
CONSULTANT will control.
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9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on contracts to provide any goods or services to
a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017 of the Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid
hereto, and may result in debarment from COUNTY's competitive procurement activities.
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In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subconsultant has committed an act defined
by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved or whether CONSULTANT has been placed on the convicted
vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act defined as a "public entity crime" or has
been placed on the convicted vendor list.
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9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
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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
final payment or termination of this agreement. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other party
to this Agreement for public records purposes during the term of the Agreement and for five
years following the final payment or termination of this Agreement. If an auditor employed
by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the CONSULTANT, the CONSULTANT shall repay the monies together with T
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid by the COUNTY.
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Right to Audit - Availability of Records. The records of the parties to this Agreement relating
to the Project, which shall include but not be limited to accounting records (hard copy, as well U)
as computer readable data if it can be made available; subcontract files (including proposals
of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc);
original estimates; estimating work sheets; correspondence; change order files (including
documentation covering negotiated settlements); backcharge logs and supporting
documentation; general ledger entries detailing cash and trade discounts earned, insurance
rebates and dividends; any other supporting evidence deemed necessary by Owner to psi
substantiate charges related to this agreement, and all other agreements, sources of
information and matters that may in Owner's reasonable judgment have any bearing on or
pertain to any matters, rights, duties or obligations under or covered by any contract
document (all foregoing hereinafter referred to as "Records") shall be open to inspection and
subject to audit and/or reproduction by Owner's representative and/or agents of Owner.
Owner may also conduct verifications such as, but not limited to, counting employees at the
job site, witnessing the distribution of payroll, verifying payroll computations, overhead
computations, observing vendor and supplier payments, miscellaneous allocations, special
charges, verifying information and amounts through interviews and written confirmations with
employees, Subcontractors, suppliers, and contractors' representatives. All records shall be
kept for seven (7) years after Final Completion.
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9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In the
event that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie
in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the
appropriate administrative body. This agreement shall not be subject to arbitration. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with
the Florida Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
9.10 SEVERABILITY
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If any term, covenant, condition or provision of this Agreement (or the application thereof to LO
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
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and provision of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the intent of
the stricken provision.
9.11 ATTORNEYS FEES AND COSTS
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The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's
fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-
prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of- U)
pocket expenses in appellate proceedings.
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9.12 BINDING EFFECT
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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, psi
successors, and assigns.
9.13 AUTHORITY
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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.Any
conditions imposed as a result of funding that effect the Project will be provided to each
party.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
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COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted
to be resolved by meet and confer sessions between representatives of each of the
parties. If the issue or issues are still not resolved to the satisfaction of the parties, then
any party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law. This Agreement is not subject to arbitration. This provision
does not negate or waive the provisions of paragraph 9.5 concerning termination or
cancellation. �s
9.16 COOPERATION
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In the event any administrative or legal proceeding is instituted against either party relating LO
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
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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.
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9.17 NONDISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any further T
action on the part of any party, effective the date of the court order. CONSULTANT or
COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII 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 U)
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 psi
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title 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 may be amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on
the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age; 11) Any other nondiscrimination provisions in
any Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
During the performance of this Agreement, the CONSULTANT, in accordance with Equal
Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating
to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office
of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor). See 2 C.F.R. Part 200, Appendix 11, ¶C, agrees as follows:
°
1) The CONSULTANT will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, sexual orientation,
gender identity, or national origin. Such action shall include, but not be limited to
the following: Employment, upgrading, demotion, or transfer, recruitment or v
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
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2) The CONSULTANT will, in all solicitations or advertisements for employees
placed by or on behalf of the contractor, state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex,
sexual orientation, gender identity, or national origin.
3) The CONSULTANT will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant
has inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to A
instances in which an employee who has access to the compensation information >
of other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the contractor's legal duty to furnish i
information.
4) The CONSULTANT will send to each labor union or representative of workers U'
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer, advising
the labor union or workers' representative of the contractor's commitments under
section 202 of Executive Order 11246 of September 24, 1965, and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment.
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5) The CONSULTANT will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6) The CONSULTANT will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to his books, E
records, and accounts by the contracting agency and the Secretary of Labor for a.
purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
7) In the event of the CONSULTANT'S non-compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this
contract may be canceled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order 11246 of September
24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
9.18 COVENANT OF NO INTEREST
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CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
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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.
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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 T
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 U)
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 psi
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. 0
9.21 PUBLIC ACCESS.
Public Records Compliance. CONSULTANT must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and CONSULTANT shall allow and permit reasonable
access to, and inspection of, all documents, records, papers, letters or other "public record"
materials in its possession or under its control subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the County and CONSULTANT in
conjunction with this contract and related to contract performance. The County shall have
the right to unilaterally cancel this contract upon violation of this provision by the
CONSULTANT . Failure of the CONSULTANT to abide by the terms of this provision shall
be deemed a material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This provision
shall survive any termination or expiration of the contract.
The CONSULTANT is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and
conditions of this contract, the CONSULTANT is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
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(2) Upon receipt from the County's custodian of records, provide the County with a LO
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
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(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the CONSULTANT
does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the CONSULTANT or keep and maintain public records that would
be required by the County to perform the service. If the CONSULTANT transfers all public
records to the County upon completion of the contract, the CONSULTANT shall destroy any T
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the CONSULTANT keeps and maintains public records upon
completion of the contract, the CONSULTANT shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the County,
upon request from the County's custodian of records, in a format that is compatible with the U)
information technology systems of the County.
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(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records, the
County shall immediately notify the CONSULTANT of the request, and the CONSULTANT
must provide the records to the County or allow the records to be inspected or copied within psi
a reasonable time.
If the CONSULTANT does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon violation
of this provision by the CONSULTANT . A CONSULTANT who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable time
may be subject to penalties under section119.10, Florida Statutes.
The CONSULTANT shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise provided by
law.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT 'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAN(&MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEYS OFFICE 1111
12T" Street, SUITE 408, KEY WEST, FL 33040.
9.22 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverageLO
nor shall any contract entered into by the COUNTY be required to contain any provision for
waiver.
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9.23 PRIVILEGES AND IMMUNITIES
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All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation, and other benefits which apply to
the activity of officers, agents, or employees of any public agents or employees of the
COUNTY, when performing their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent to the performance
of such functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the COUNTY. T
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 U)
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.
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9.25 NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement
to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service
or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that
neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall
have the authority to inform, counsel, or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace
Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a
truth in negotiation certificate stating that wage rates and other factual unit costs supporting
the compensation pursuant to the Agreement are accurate, complete, and current at the time
of contracting. The original contract fee and any additions thereto shall be adjusted to exclude
any significant sums by which the agency determines the contract price was increased due
to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such
adjustments must be made within one year following the end of the Agreement.
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or ri
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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
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by reason of the execution of this Agreement.
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9.28 EXECUTION IN COUNTERPARTS
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This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
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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 U)
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 psi
pursuant to this Agreement. For specific instructions, refer to FDOT form 275-030-11.
9.30 FEDERAL CONTRACT REQUIREMENTS
The CONSULTANT and its subcontractors must follow the provisions as set forth in 2
C.F.R. §200.326 Contract provisions and Appendix I I to 2 C.F.R. Part 200, as
amended including but not limited to:
9.30.1 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or
research work under that"funding agreement,"the recipient or subrecipient must comply with
the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
9.30.2 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of
$150,000 must comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency (EPA).
9.30.3 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must not be made to parties listed on the government wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 17
CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and i
12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions `O
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as
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well as parties declared ineligible under statutory or regulatory authority other than Executive
Order 12549.
9.30.4 Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 A
U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes >
place in connection with obtaining any Federal award. Such disclosures are forwarded from
tier to tier up to the non-Federal award.
9.30.5 Americans with Disabilities Act of 1990, as amended (ADA)—The CONTRACTOR will comply U)
with all the requirements as imposed by the ADA, the regulations of the Federal government psi
issued thereunder, and the assurance by the CONTRACTOR pursuant thereto.
9.30.6 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the Contractor during the term
of the Contract and shall expressly require any subcontractors performing work or providing i
services pursuant to the Contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees hired by
the subcontractor during the Contract term.
9.30.7 The CONTRACTOR is bound by the terms and conditions of the Federally-Funded Sub
award and Grant Agreement between COUNTY and the FDOT.
9.31 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS
The following forms and provisions are incorporated in and made a part of this contract.
a). Appendix I of the FDOT Standard Professional Services Agreement is included as
Attachment C. E
b). The CONSULTANT and any sub-consultants shall not discriminate on the basis of race,
color, national origin or sex in the performance of this contract. The CONSULTANT shall
carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of
DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or such
other remedy as the COUNTY deems appropriate.
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c). CONSULTANT will comply, and ensure its sub-consultants will comply, with the
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —
Lower Tier Covered Transactions in 49 C.F.R. Part 29, when applicable.
d). Equal Employment Opportunity: In connection with the carrying out of any project, the
CONSULTANT shall not discriminate against any employee or applicant for employment
because of race, age, religion, color, sex national origin, disability or marital status. TheLO
CONSULTANT will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion color,
gender, national origin, disability or marital status. Such action shall include, but not be
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limited to, the following: employment upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship.
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e). The CONSULTANT and all sub-consultants agree to utilize the U.S Department of
Homeland Security's E-verify System to verify the employment eligibility of all new employees
hired by the CONSULTANT or sub-consultants during the term of the contract.
0. The CONSULTANT will adhere to all applicable requirements outlined in the Local
Agency Program (LAP) Agreement between FDOT and Monroe County for this project.
g). The CONSULTANT will identify DBE participation as outlined in Paragraph 9.29.10,
Disadvantaged Business Enterprise (DBE) Policy and Obligations. The CONSULTANT will
utilize the FDOT Equal Opportunity Compliance (EOC) web based application designed to U)
manage the DBE Program and ensure compliance of DBE reporting. The EOC
Contractor/Consultant module is for Prime Contractors and Consultants to report their Bidder
Opportunity List, DBE Commitments, and DBE Sub payments. The Prime
Contractor/Consultant is responsible for DBE reporting on Construction, Maintenance,
Professional Services and Local agency contracts. FDOT has a race neutral program with
an 10.65% goal. For specific instructions, refer to FDOT form 275-030-11. psi
h). The CONSULTANT will complete and submit the most current version of the following
FDOT forms included in Attachment D:
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Form Number Form Name
375-030-30 Truth in Negotiation Certification
375-030-50 Conflict of Interest Certification
375-030-32 Certification Regarding Debarment, Suspension, Ineligibility and Volunta
Exclusion for Federal Aid Contracts
375-030-33 Certification for Disclosure of Lobbying Activities on Federal Aid Contracts
375-030-34 Standard Form-LLL, Disclosure of Lobbying Activities if required) E
375-040-62 Bid Opportunity List a.
i). The COUNTY will perform a CONSULTANT evaluation in accordance with FDOT
requirements utilizing the appropriate FDOT form after final acceptance as part of the project
closeout process.
j). Acquisition of tangible capital assets for COUNTY ownership through service contracts
is normally not acceptable. The requirements of Rule 60A-1.017, F.A.C., must be
considered when this is necessary. Property acquired as part of a service contract must be
handled in accordance with FDOT Procedure No. 350-090-010, Tangible Personal Property
Procedure.
k). Allowable Costs: CONSULTANT shall refer to Code of Federal Regulations: 48 C.F.R.
Part 31, Subpart 31.2 - Contracts With Commercial Organizations for cost principles and
definitions of allowable costs. LO
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IN WITNESS WHEREOF, each 1party has caused this Agreement to The executed ill two (2) 0
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counterparts by Its dully authorized representative on the day and year first above written. CL
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(Sl[;;-AQ BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madak, Clerk OF MONROE COUNTY, FLORIDA
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.............................................
Deputy Gleirk, MayodChalirman
Date:
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Sir.Mice F�Ilresldanl
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MONROE COUNTY ATTORNEY
APF V,E STOF W,
CHRISTINE LIMBERT-BARROWS
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ATTACHMENT A
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SCOPE OF WORK
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The engineering design and permitting for the Florida Keys Overseas Heritage Trail (FKOHT) >
connection at Cudjoe Gardens asphalt shared use path project will conform to the Florida
Department of Transportation (FDOT) design standards including: environmental assessment for
minor improvements, topographical survey and elevation analysis,maintenance of traffic during
construction, environmental controls, clearing/grubbing, removing existing concrete, excavation,
embankment, base reconstruction and elevation, milling and resurfacing and installing asphalt, g
drainage structures, sidewalk ramps, detectable warnings, pavement markings, signage, sod and T
landscaping.
The Design for Construction shall include, but shall not necessarily be limited to, plans and
specifications for an asphalt shared use path connecting the FKHOT crosswalk(located at mile
marker 20.7) to/from Drost Drive (located at mile marker 21), approximately 800 feet in length. The U)
plans and specifications will describe all systems, elements, details, components, materials, psi
equipment, and other information necessary for construction. The Design for Construction shall be
accurate, coordinated and in all respects adequate for construction and shall be in conformity, and
comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials
specified for use shall be readily available unless written authorization to the contrary is given by the
County. i
The following is the proposed schedule for the design project:
Milestone Dates (approximate)
County Commission Agenda to Approve Negotiations March 21, 2019
Contract Negotiations Complete (not to exceed 30 days) April 18, 2019
County Commission Agenda to Approve Agreement May 22, 2019
1.0 DESIGN DEVELOPMENT
The Consultant will evaluate the site and incorporate appropriate stormwater management
methodology for the path and configuration that is most cost effective. The design plans must E
satisfactorily address drainage impacts to swales and ditches, drop off treatments in areas of slope a.
condition, potential encroachments and impacts to wetlands and identify logical termini. Upon
completion of 60% design, which will include layout of the proposed path, the Consultant will submit
plans to FDOT ERC for review, comment and response prior to proceeding.
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2.0 CONSTRUCTION DOCUMENTS PHASE
2.1 The Consultant shall prepare, for approval by the County, Construction Documents
consisting of Drawings and Specifications setting forth in detail the requirements for the construction
of the project. Construction documents shall conform to the standards contained in the
latest versions of the following:
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1. Florida Department of Transportation Roadway Plans Preparation Manuals
ttpe// e ot.state.fl.us/rddesign/ P anual/PP .s tm
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2. Florida Department of Transportation Design Standards
ttpe// dot.state.fleus/r esi n/Desi n tan ar s/Stan dards.s htm
3. Florida Department of Transportation Manual of Uniform Minimum Standards for
Design, Construction and Maintenance for Streets and Highways
ttpe// edotestateefleus/r esi n/ lori a reen ook/ .s tm U,
4. Florida Department of Transportation Surveying Procedure
2edote state.fleus/proceduraldocu ments/orocedu res/bi n/ 0030101.p f
5. Florida Department of Transportation Drainage Manual
ttpe// edotestateefleus/rddesign/ r/files/2017Draina�nualep f U)
6. Manual of Uniform Traffic Control Devices (MUTCD) i
ttpe//mutc .f wa.dot. ov/
7. American Disabilities Act U)
ttpe// 2edote state.fleus/proceduraldocu ments/orocedu res/bi n/62 02001 5.,pdf
8. Florida Department of Transportation Flexible Pavement Design Manual
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ttpe// edotestateefleus/pavementmanagement/PU LICATIONS.s tm
9. Florida Statutes
hftp://www.le .state.f1. s/Statutes/in ex.cfm? ode®View®/®20Statutes Su menu=1
&Tab=statutes&CFID=1 677 7 C TOKEN=809819 8
2.2. Upon completion of the Construction Documents Phase, the Consultant shall provide
Construction Documents for the County's approval. Upon approval by the County the Consultant
shall provide the County up to 5 sets of Construction Documents that have been signed and sealed
by the Engineer. The Consultant shall also provide an electronic version of the construction
documents. The Consultant shall provide an estimate of anticipated construction cost in accordance
with the construction development phase.
2.3 The Consultant shall assist the County in the preparation of the necessary bidding information
for the production of bidding forms, the Conditions of the Contracts, and the forms of Agreements
between the County and the Contractors by providing supporting information as to the projects
scope, bid items, estimated quantities and construction duration. The County shall prepare all
Bidding Forms, Conditions of the Contract, and Forms of Agreement.
2.4 The Consultant's construction documents (plans, specifications, etc)will conform to all codes
and regulations of the federal government, county, state, municipalities, agencies and state
departments, in effect at the date of this Agreement, and shall be of such completion as to be
acceptable for review and ruling by said agencies when permits are applied for. The Consultant
shall use due care in determining permit requirements and shall meet with regulatory agencies as
necessary to coordinate specific permit requirements. The Consultant shall document all meetings
and conversations with said regulatory agencies. If permits are denied for incompleteness or for lack
of following said codes or regulations, or permit requirements, then the Engineer will conform the
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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.
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2.5 The County shall be responsible for the timely submittal of all permit application fees.
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2.6 At the 60%, 90% and 100% design phases the Consultant shall provide drawings and other
documents which depict the current status of design for the County's review and information. The
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Consultant shall provide an estimate of anticipated construction costs and construction schedule.
2.7 As needed, the Engineer will provide clarification and answers to questions from prospective
bidders during the construction bid process. Answers will be provided in a timely manner in order to
facilitate bidding. T
3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS
To satisfactorily perform the Construction Documents phase requirement, the Engineer must
complete the tasks set forth in items 3.1 through 3.4. U)
3.1 Construction Plans — This consists of, at a minimum, Key Sheet, Summary of Pay Items
and Quantities, Drainage Map, Project Layout, Plan and Profile sheets, Typical Sections, Detail
sheets, General Notes, Environmental Notes, Traffic Control Plan. Construction plans shall be in
accordance with FDOT Plans Preparation Manual.
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3.2 Specifications —specifications will conform to the most recent version of the Florida
Department of Transportation Standards as defined in section 2.1 and will be developed as
necessary with Technical Special Provisions.
3.3 Schedules — Prepare an estimate of the Construction Time.
3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance with the
Construction Documents.
4.0 CONSTRUCTION COST
Contemporaneously with the submission of the Design, the Consultant shall submit to the County in
writing its final estimate of the contractor's anticipated bid price for constructing the Project. Once
submitted, the final anticipated price estimate shall be adjusted by the Consultant to reflect any
increase or decrease in anticipated price resulting from a change in Design.
4.1 The Construction Cost shall be the total estimated bid cost to the County of all elements of
the Project designed or specified by the Engineer.
4.2 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 Engineer, plus a
reasonable allowance for Contractor's overhead and profit.
4.3 Construction cost does not include the compensation of the Consultant and the sub- (n
consultants, the costs of land, rights-of-way, financing or other costs which are the responsibility of
the County.
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5.0 CONSTRUCTION PHASE
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5.1 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 T
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 U)
constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant,
of construction means, methods, techniques, sequences, or procedures.
5.2 The Consultant shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the Consultant or its consultants or both.
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5.3 The Consultant must reimburse the County for any "added costs" paid by the County for
additional construction costs that were incurred as a direct result of any error, omission, deficiency,
or conflict in the work product of the Consultant, its consultants, or both. "Added costs" is defined as
the cost incurred from any additional work required on the project that was necessitated solely by
the error, omission, deficiency, or conflict in the work project. The added cost is limited to the increase
to the construction cost for additional work and does not include costs that are normally incurred as
part of the project or would have been incurred had no error, omission, or deficiency occurred, and
addressed by a change order of already established unit costs. The Consultant shall not be held
responsible for additional deficiencies found due to a delay in the construction of the project or for
those hidden deficiencies that could not reasonably be determined through a review of
documentation or physical inspection of the site by the Consultant.
5.4 The Consultant shall furnish to the County, upon project completion, the following:
• 2 sets of 11" X 17" signed and sealed Record Drawings
• 2 sets of final documentation
• 1 set of final as built CADD files on CD
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• 1 table of drainage structures with GPS coordinates
The Consultant's Engineer of Record in responsible charge of the project's design shall
professionally endorse (signed and sealed and certified) the record prints, the special
provisions and all reference and support documents.
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5.5 The Consultant will attend the pre-construction meeting and as needed, attend the periodic
construction progress meetings (either in person or by phone).
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ATTACHMENT B
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DESIGN PHASE/HOURLY RATE COST PROPOSAL 0
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CSAGROUP
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Proposed Scope of Services for
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Engineering Design and Permitting Services for the
Engineering Design and Permitting FKOHT Connection at Cudjoe Gardens Project
Monroe County g
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The project"Engineering Design and Permitting Services for the Engineering Design and Permitting of the °b
Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens Project" consists of the
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preparation of design and construction documents for the addition of a shared use path adjacent to the E
East of US-1, between Cudjoe Gardens neighborhood and the FKOHT existing crosswalk (located at mile
marker 20.7) to/from Drost Drive (located at mile marker 21). The sections below describe in further i
detail the scope of services to be accomplished as part of this project. The attached fee estimate (Exhibit
A) includes the associated effort for Task 3 to Task 8 per FDOT standards. Similarly,there are detailed fee
estimates attached for the geotechnical work to be performed by HP Consultants, Inc. as well as the
surveying services to be performed by Javier E. Bidot &Associates, Corp. i
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Project General Tasks (Task 3.0):
The scope of this task includes preparation of all required exhibits and attendance to one public
information meeting to be held for this project. This task also includes the completion of the project's
specifications package as well as the Contract Maintenance and Project Documentation for the duration
of the project and the Digital Delivery of contract documents to the FDOT and the County. In addition,
scope includes attendance of the project manager up to 8 additional critical meetings such as:
• 1 Typical Section Meeting
• 1 Right of Way Meeting
• 1 Drainage Meeting as
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• 1 Utility Coordination Meeting
• 4 Phase Review Meetings (30/60/90/100%)
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Roadway Analysis (Task 4.0):
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A Roadway Analysis is required for the design of the shared used path following Florida Department of
Transportation (FDOT) requirements. This involves an "iterative" research and analysis of multiple
issues affecting the project. These will be studied before recommendations for the various design
elements are finalized. CSA will evaluate project path alignment alternatives and prepare a proposed
typical section package to be submitted to FDOT for approval. The design effort includes developing
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shared used path alignment, profile and cross-sections every 50 feet,and temporary traffic control,all per
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FDOT requirements and standards.
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Based on available information, up to three(3) Design Variations are anticipated as part the design effort: E
1. Separation from Roadway
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2. Minimum width
3. Location where the proposed shared use path will not be able to maintain a minimum horizontal
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clearance of four(4)feet from exiting above ground infrastructure (e.g., Power pole) CL
A design variation package will be prepared and submitted to Monroe County and FDOT for review and
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approval. g
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The roadway analysis will also include the analysis and design of related signing and pavement marking °b
modifications, such as crosswalk and relocation of signs. In addition, this task includes the preparation of
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an Engineering Cost Estimate during the 60%, 90% and 100% design phase submittal. E
Roadway Plans (Task 5.0):
This task includes the preparation of the construction drawings and specifications for the proposed shared I
use path.This task is based on three (3) major submittals:
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• 60% Design
• 90% Design UI
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• 100% Design
As part of this task, CSA will complete the required plans including Key Sheet, summary of pay items,
drainage maps, typical section sheets, general notes sheet, summary of drainage structures, plan sheets
at scale 1:40, profile sheets at scales 1:40, miscellaneous detail sheets, drainage structure sheets,
stormwater pollution prevention plan, temporary traffic control sheets, and the addition of the project
network control information as provided by the surveyor.
Drainage Analysis (Task 6.0):
This task will include analysis and documentation of the project area and ensure that the proposed _
drainage system satisfies the requirements of the additional impervious area to be added by the proposed L-
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shared use path (water quantity/water quality).As part of this task, the base clearance water elevations CL
will be determined through the geotechnical results. A drainage system will be evaluated and designed.
We will also compile the design documentation and calculations into a drainage report to be submitted
to Monroe County and FDOT for review.
Utility Coordination (Task 7.0):
Scope includes requesting and reviewing the existing applicable information from utility, companies
within the project corridor that need to be included in the design drawings. These services also include
coordinating with the utility companies of potential conflicts and impacts.
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Environmental Permits (Task 8. 0): 04
An Existing Condition Report (ECR) will be prepared. The report will include a survey that identifies the Ln
distribution and quality of native habitats within the project limits and immediately adjacent. A
delineation of the Swale, Tree Survey and identification of potential wetland areas (KEYWEP) will be
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conducted as part of the ECR. Gathered field data will be used for the final design criteria and the shared
use path configuration.
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Permit application will be prepared complying with codes and regulations of the federal government,
county, state, municipalities, agencies and state departments. Permits applications will be accompanied
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with detailed field reconnaissance providing the necessary information to reflect existing conditions g
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within the project site and to ensure avoidance and minimization of impacts over natural resources
features that occur immediately adjacent.
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• Monroe County Planning and Environmental Resources Department E
• South Florida Water Management District(SFWMD)
Geotechnical Services:
The Scope includes the development of a report of core borings and soil test sheet in CADD and a series
of tests for all structures including retaining walls. Geotechnical Tests will be conducted in accordance
with AASHTO (American Association of State Highway Officials), ASTM (American Society of Testing
Materials) standards and practices for the local work as appropriate.
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The Geotechnical Services includes:
• 1 SPT borings per ASTM D-1586 to 20' deep
• 2 SPT borings per ASTM D-1586 to 15' deep
• Closing holes with grout/Approved method to safe proof the site
• Site reconnaissance and Marking of borings
• Utility location inspection through Sunshine 811
• Temporary Traffic Control
• All Laboratory Work as
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• Engineering Services for Report
• LBR Test and Analysis
• 1 Percolation Test and Analysis U,
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The field conditions will constrain the movement of the drilling rig.The rig may need to operate from
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the shoulder and grassy area outside of the travel lane. The proposed drilling work will require obtaining
FDOT's MOT permit and its implementation per FDOT's Standard Design Index Series 600.
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Please refer to Exhibit B for detailed scope of services and fee estimate.
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Surveying Services:
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A detailed survey will be prepared within limits from STA 670+08.58 (MM+-20.83 to STA 636+42.51 (MM CL
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+-20.98) extending from Centerline of pavement SR 5 South to Edge of Pavement 15t Street to cover
design area (990 Linear Feet) to cover the entire trail segment and subject areas of project right-of-way
(ROW) and County properties. Survey effort includes:
• Route Survey within the limits of the above described site which includes;
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• The location of topographical improvements within the limits of the project will be obtained.
These will include pavements and sidewalks, fences and walls abutting right of way, trees to CL
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include sizes and types, the location of water, sewer and drainage structures with the depiction
of Rim and Grate for existing structures such as inlets and catch basins, as applicable. Pipe sizes,
directions and inverts will be obtained on drainage structures within the project limits.
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Topographic information will be obtained sufficiently for the design purposes as specified. Cross
sections will also be taken at 100-foot intervals along project from centerline of SR 5 south to Edge
of Pavement 15,Street. Elevations will be taken sufficiently to include all change of grades as well
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as and more condensed at areas of side street intersections if occur.
• Utility Location and Identification—Existing utility depiction will be limited to visible markouts(by
others, not in contract) for drainage, water distribution, power, gas, and sanitary systems within
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the subject site. Visible features of utilities will be located and shown in drawings.
• Establish horizontal and vertical survey controls.
• Establish local existing right of way monuments to determine of physical location for the road
alignments.
• Survey drawings will be prepared in electronic format with deliverables both in hard copies and
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CADD format. as
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• Survey will be in accordance with Standards of Practice set forth by the Florida Board of
Professional Surveyors and Mappers in Chapter 5J-17 Florida Administrative Code pursuant to
Section 472.027 Florida Statutes.
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• Survey control will be referred to NAD83 (NA2011) and NAVD88, horizontal and vertical datums,
respectively, unless otherwise directed prior to mobilization.
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It is assumed that field work will be completed within three (3) consecutive days,with a 2-man crew.
Please refer to Exhibit C for detailed scope of services and fee estimate.
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Landscape Architecture Services:
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This effort would be incidental tothe overall project design effort. Existing trees,their identities in English CL
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and botanical terms, trunk sizes (DBH) and approximate foliage areas will be identified in order to
determine landscaping needs for the project. Trees four (4) inches or larger in trunk diameter will be
considered, unless they are previously landscaped trees or specimen trees. Species that can reach
reproductive maturity at less than four (4) inches in DBH will be recorded during the Tree Survey and Mn
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considered for landscaping requirements. This effort includes the preparation of:
• Tree Survey Plan CL
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• Trees Disposition Table
• Tree Planting Detail for New Trees
• Tree Protection Details for Existing Trees To Remain
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ATTACHMENT C
FDOT FORM 375-040-84
APPENDIX I OF FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT
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LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 375 040-84
GRAM MAN
For PROFESSIONAL SERVICES CONTRACTS PR OA GEMENT 12r 17 >
Page 1 of 3 0
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TERMS(FOR FEDERAL AID CONTRACTS(APPENDIX 11:
The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds:
A. It is understood and agreed that all rights of the Local Agency relating to inspection,review,approval,patents,
copyrights,and audit of the work,tracing,plans,specifications,maps,data,and cost records relating to this U)
Agreement shall allso be reserved and held by authorized representatives of the United States of America. >
B. All tracings,plans,specifications,maps,computer files and/or reports prepared or obtained under this Agreement,as
weill as aIll data collected,together with summaries and charts derived therefrom,will be considered works made for
hire and will become the property of the Agency upon completion or termination without restriction or limitation on
their use and will be made available,upon request,to the Agency at any time during the performance of such E
services and/or completion or termination of this Agreement. Upon delivery to the Agency of said document(s),the
Agency will become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not U)
copyright any material and products or patent any!invention developed under this agreement. The Agency will have
the right to visit the site for inspection of the work and the products of the Consultant at any time.
C. It is understood and agreed that,in,order to permit federal participation,no suppllemental agreement of any nature
may be entered into by the parties hereto with regard to the work to be performed hereunder without the approvall of
the U.S. Department of Transportation,anything to the contrary in,this Agreement not withsta rid ling.
D. The consultant shaIll provide access by the Florida Department of Transportation(recipient),the Agency
(su brecip!lent),the Federal Highway Administration,the U.S.Department of Transportation's Inspector Generall,the
Comptroller General of the United States,or any of their duly authorized representatives to any books,documents,
papers,and records of the consultant which are directly pertirient to that specific contract for the purpose of making 0
audit,examination,excerpts,and transcriptions.
E. Compliance with Regulations: The Consultant shall comply with the Regulations:relative to nondiscrimination in
Federally-assisted programis of the U.S.Department of Transportation Title 49,Code of Federal Regulations, Part
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21,as they may be amended from time to time,(hereinafter referred to as the Regulations),which are herein
!incorporated by reference and made a part of this Agreement.
F. Nondiscrirn!!nation: The Consultant,with regard to the work performed during the contract,shall not discriminate or,
the basis of race,color,national origin,sex,age,disability, religion or family status in the selection and retention of
subcontractors,including procurements of material and leases of equipirrierit. The Consultant shaill not participate
either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment 0
practices when the contract covers a program set forth in,Appendix B of the Regulations. �e
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G. Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations made by the
Consultant either by competitive bidding or negotiation for work to be performed under a subcontract, including
procurements of materials and leases of equipment,each potential subcontractor or supplier shall be notified by the
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Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimiriation on
the basis of race,color,national origin,sex,age,disability,religion or family status.
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H. Information and Reports: The Consultant will provide all information and reports required by the Regulations,or C:
directives issued pursuant thereto,and shall permit access to its books,records,accounts,other sources of
information,and its facilities as may be determined by the Local Agency, Florida Department of Transportation, Federal
Highway Administration,Federal Transit Administration,Federal Aviation Administration,and/or Federal Motor Carrier P
Safety Administration to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where U)
any information required of the Consultant is in the exclusive possession,of another who fails or refuses to furnish this
information,the Consultant shall so,certify to the Locall Agency,Florida Department of Transportation, Federal Highway
Administration,Federal Transit Administration, Federal Aviation Administration,and/or the Federal Motor Carrier Safety
Administration as appropriate,and shaIll set forth what efforts it has made to obtain the information.
I. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions
of this contract,the Local Agency shalll impose such contract sanctions as it or the Florida Department of
Transportation, Federal Transit Administration,Federal Aviation Administration,and/or Federal Motor Carrier Safety W
Administration may determine to be appropriate,including,but not limited to,
1. withholding of payments to the Consultant under the contract uritil the Consultant complies andlor
2. cancellation,termination or suspension of the contract,in wholle or in part.
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J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every Subcontract, Ci
!including procurements of materials and leases of equipment unless exempt by the Regulations,order,or instructions LO
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LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 375 040-84
For PROFESSIONAL SERVICES CONTRACTS PROGRAM MANAGEMENT12/17 >
Page 2 of 3 0
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issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the 91
Local Agenicy, Florida Department of Transportation, Federal Highway Administration,Federal Transit Administration,
Federal Aviation Administration,and/or the Federal Motor Carrier Safety Administration may direct as a means of
enforcing such provisions,including sanctions for noncompliance. In,the event a Consultant becomes involved in,or is
threatened with,litigation with a SUbconsultant or supplier as a result Of Such direction,the Consultant may request the C:
Local Agency to enter into such litigation to protect the interests of the Local Agency,and,in addition,the Consultant .0
may request the United States to enter into such litigation,to protect the interests of the United States. .0
K. Compliance with Nondiscrimination Statutes and Authorities:Title VI ofthe Civil Rights Act of 1964(42 Ul.S.C.§2000d et seq.,
78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21;The Uniform Relocation
Assistance and Reall Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons
displaced or whose property has been acquired because of Federal or Federal-ald programis and projects); Federal-Aid
Highway Act of 1973,(23 U.S.C.§324 et sec.),(prohibits discrimination on the basis of sex):Section 504 of the Rehabilitation E
Act of 1973,(29 U.S.C.§794 et seq.),as amended,(prohibits discrimination on,the basis of disability);and 49 CFR Part 27;
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The Age Discrimination Act of 1975,as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age);
Airport and Airway Improvement Act of 1982,(49 USC§471,Section 47123),as amended,(prohibits discrimination based on
race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 11987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of dg
the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include aill of the programs
or activities of the Federall-ald recipients, sub-recipients and contractors,whether such programs or activities are Federally P
funded or not);Titles 11 and III of the Americans with Disabilities Act,which prohibit discrim!!nation,on the basis of disability in U)
the operation of public entities,public and private tranisportation systems,places of public accommodation,and certain testing
entities(42 Ul.S.C.§§1 2 1 311--1 21 89)as implemented by Department of Transportation,regulations at 49 C.F.R.parts 37 and
38,The Federal Aviation Administration's Non-discrimination statute(49 U.S.C.§47123)(prohibits discrim!!nation on the basis
of race,color,national origin,and sex);Executive Order 112898,Federall Actions to Address Environmental Justice in,Minority 0
Populations and Low-income Populations, which ensures non-discrimination against minority populations by discouraging
programs,policies,and activities with disproportionatelly high and adverse human health or environmentall effects on m,incrity
and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English
0
proficiency(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have
meaningful access to your programs(70 Fed. Reg. at 74087 to 74100);Title IX of the Education Amendments of 11972, as
amended,which prohibits you from discriminating because of sex in,education programs or activities(20 U.S.C. 1681 et seq).
L. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted
to any share or part of this contract or to any benefit arising therefrom.
0
M. Interest of Public Officials: No mernber,officer,or employee of the publi body or of a locall public body during his �e
teriure or for one year thereafter shalll have any interest,direct or indirect,in,this contract or the proceeds thereof. For U_
purposes of this provision,public body shall include Municipalities and other political subdivisions of States;and public
corporations,boards,and commissions established under the laws of any State.
N. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following E
statement from 49 CFR 26.13(b). This statement shall be included in aill subsequent agreements between the 0
Consultant and any subconsultant or contractor. IL
1. The Consultant,sub recipient or subcontractor shall not discriminate on the basis of race,color,national
origin,or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49
CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Consultant to carry
out these requirements is a material breach of this contract,which may result in termination of this contract or P
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other such remedy as the recipient deems appropriate.
O. It is mutually understood and agreed that the willfull falsification,,distortion or misrepresentation with respect to any facts
related to the project(s)described in this Agreement is a violation of the Federal Law.Accordingly,United States Code,
Title 118,Section 11020,is hereby incorporated by reference and made a part of this Agreement.
P. It is understood and agreed that if the Consultant at any time learris that the certification it provided the Local Agency
in,compliance with 49 CFR,Section,26.51,was erroneous when submitted or has become erroneous by reason of CD
changed circumstances,the Consultant shall provide immediate written notice to the Local Agency. It is further C:
agreed that the clause titled"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion- W
Lower Tier Covered Transaction"as set forth in 49 CFR,Section,29.510,shall be included by the Consultant in all
lower tier covered transactions and in aIll aforementioned federal regulation.
Q. The Local Agency hereby certifies that neither the consulltant nor the consultant's representative has been required
by the Local Agency,directly or indirectly as an,express or implied condition in connection with obtaining or carrying cy
out this contract,to Ci
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LOCAL AGENCY PROGRAM FEDERAL-AID TERMS 175-040-84 0
For PROFESSIONAL SERVICES CONTRACTS PROrRAM MANArEMENT '@
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11. employ or retain,or agree to employ or retain,any firm or person,or
2. pay,or agree to pay,to any firm,person,or organization,any fee,contribution,donation,or consideration of
any kind;
.2
The Local Agency further acknowledges that this agreement will be furnished to a federal agency, !in connection .0
with this contract involving participation of Federall-Aid funds,and is subject to applicable State and Federal Laws, >
both criminal and civil.
R. The Consultant hereby certifies that!it has not:
11. employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,any E
firm or person(other than a bona fide employee workiing solely for the above contractor)to solicit or secure
this contract; U)
2. agreed,as an express or implied condition for obtaining thiis contract,to employ or retain the services of any
firm or person!in connection with carrying out this contract;or
3. paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for P
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the above contractor)any fee contribution,donation,or consideration of any kind for,or!in connection with,
procuring or carrying out the contract.
The consultant further acknowledges that this agreement wi1111 be furnished to the Local Agency,the State of
Florida Department of Transportation and a federall agency in connection with this contract involving participation .0
of Federal-Aid funds,and!is subject to applicable State and Federal Laws,both criminal and civil.
S. The Consultant shaill Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the Contractor during the term of the Contract and shaill expressly require any 0
subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S.Department
of Homeland Security's E-Verify system,to verify the employment eligibility of all new employees hired by the
subcontractor during the Contract term.
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SfATE OF FLORIDA DEPARTMENT OF TRANSmwFATION 375-030-32
CERTIFICATION REGARDING DEBARMENT,SUSPENSION, ~RO= p CL
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INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER T|EncOVEnEoTnAmoAcT|OmopOnpEoEnAL AID CONTRACTS
(Compliance with 2CFR Parts 1D0 and 1200)
It is inu that neitherthe belowidentifiedfi its principalspresently
ineligible,or voluntarily excluded from participation in this transacbonU'Va%/fedetai dpjii�ilment or agency. >
Name of Consultant/Contractor: CSA Central, Inc W
By: Roberto Leon
nne� Instructions for Certification
�
|
Instructions for Certification-Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHVVA approval or estimated to
cost$zs.0000,more-zorm Parts 1uo and 1zoo)
a.By signing and submitting this proposal,the prospective lower tier is providing the certification set out below. v«
�
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u.The certification inthis clause ma material representation m fact upon which reliance was placed when this transaction was
entered into.nit is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in
addition to other remedies available to the Federal Government,the department,or agency with which this transaction originated
may pursue available remedies.including suspension and/or debarment.
c,The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if �
at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.
u.The terms"covered transaction.^^ueua,reu.`"suspended,""ineligible,""pamc|pant.^^persnn.^''pnnc|pa|.''and"voluntarily +-
exouded.^as used m this clause,are defined mzurwParts 1en and 12nn.You may contact the person m which this proposal
m submitted for assistance in obtaining a copy n,those regulations,"First Tier Covered Transactions"refers m any covered
transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract)."Lower
Tier Covered Transactions"refers to any covered transaction under a First Tier Covered Transaction(such as subcontracts), U_
"First Tier Participant"refers m the participant who has entered into acovered transaction with a grantee n,suunranteem
Federal funds (such as the prime or general contractor). "Lower Tier Participant"refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers).
e.The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be
entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended, IL
declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or
agency with which this transaction originated. �
f.The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"w/mout
modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the x
$zs'000mresxom- —
g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred,suspended, ineligible,o,voluntarily excluded from the covered transaction,unless n knows that
the certification berroneous.A participant is responsible forensuring that its principals are not suspended,debarred,or
otherwise ineligible to participate in covered transactions.To verify the eligibility of its principals,as well as the eligibility of any
lower tier prospective participants,each participant may,but|anot required to,check the Excluded Parties List System weuau= W
(https7l/www,epls.gov/),which is compiled by the General Services Administration,
h,Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in «�
good faith the certification required by this clause.The knowledge and information of participant is not required to exceed that «�
which is normally possessed brapmuempeemnintmeordinaryvourseorousmessdeannos.
i.Except for transactions authorized under paragraph e of these instructions,if a participant in a covered transaction knowingly ^�
enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,u,voluntarily excluded from
participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency
with which this transaction originated may pursue available remedies,including suspension and/or debarment,
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375.030.33 @
PROCUREMENT
10101 0
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CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES
ON FEDERAL-AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
0
The prospective participant certifies, by signing this certification, that to the best of his or
her knowledge and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or CL
employee of any federal agency, a Member of Congress, an officer of employee of
Congress, or an employee of a Member of Congress in connection with the awarding of U)
any federal contract, the making of any federal grant, the making of any federal loan, g,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
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(2) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any i
federal agency, a Member of Congress, an officer or employee of Congress, or an O
employee of a Member of Congress in connection with this federal contract, grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
O
(Standard Form-LLL can be obtained from the Florida Department of Transportation's
Professional Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title 1
31, U.S. Code. Any person who fails to file the required certification shall be subject to cm
a civil penalty of not less than $10,000 and not more than$100,000 for each such
failure.
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The prospective participant also agrees by submitting his or her proposal that he or she IL
shall require that the language of this certification be included in all lower tier
subcontracts,which exceed$100,000 and that all such subrecipients shall certify and
disclose accordingly.
PName of Consultant: CSA Central, Inc
By:Roberto Leon_Date: U1/19 _ Authorized Signature
Title: Senior Vice President
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 315-030�50 4
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROC -
UREMENT 0
OGC-03/17
FOR CONSULTANTICONTRACTOR/TECHNICAL ADVISORS
0
I certify that I have no present conflict of interest,that I have no knowledge of any conflict of interest that my firm may have,and that 1 91
will recuse myself from any capacity of decision making,approval,disapproval,or recommendation on any contract if I have a conflict of
interest or a potential conflict of interest.
ConsullamsfContractors are expected to safeguard their ability to make objective°fair,and impartial decisions when performing work for
the Department,and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending Or future decision of theirs,or to reward a past decision.Consultants .0
performing work for the Department should avoid any conduct(whether in the context of business,financial.or social relationships) U)
which might undermine the public trust,whether or not that conduct is unethical or lends itself to the appearance of ethical'mpropriety.
I will maintain the confidentiality of all information not made public by the Florida Department of Transportation('Department')related to
the procurement of the above-referenced('Project')that I gain access to as a result of my involvement with the Project('Procurement
Information'),I understand that Procurement Information includes,but is not limited to,documents prepared by or for the Department E
related to procurement of the Project.I also understand that Procurement Information includes,but is not limited to.documents
submitted to the Department by entities seeking an award of the Project("Proposers"),I understand that Procurement Information may U)
include documents submitted by Proposers related to letters of response/letters of interest,technical proposals,price proposals,
financial proposals,and information shared during exempt meetings.I also understand that Procurement Information may also include UI
documents that evaluate or review documents submitted by Proposers,and information regarding Project cost estimates.I also agree
not to discuss the Project with anyone who is a member of or acting on behalf of a Proposer.
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney General,I will not divulge any
Procurement Information except to individuals who have executed a Conflict of interestlConficlentiality Certification which has been U)
approved by the Department("Project Personnel").I understand that a list of Project Personnel will be maintained by Department, If I
am contacted by any member of the public or the media with a request for Procurement Information,I will promptly forward such
request to the Department's Procurement Office.I will also maintain security and control over all documents containing Procurement
Information which are in my custody, 0
I agree not to solicit or accept gratuities,unwarranted privileges or exemptions,favors,or anything of value from any firm under
consideration for an agreement associated with the Project,and I recognize that doing so may be contrary to statutes,ordinances,and
rules governing or applicable to the Department or may otherwise be a violation of the law.
O
1 agree not to engage in bid tampering,pursuant to Section 838.22,Florida Statutes.
I realize that violation of the above mentioned standards could result in the termination of my work for the Department. I further realize
that violation of the above mentioned statute would be punishable in accordance with Section 838 22,Florida Statutes.
Advertisement No.1 Description Financial Project Number(s) 0
Solicitation No �e
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.......................................... IL
.............................................................................................................. ..............................................
Each undersigned individual agrees to the to Hofthis Conflict 9t4plerestlConficlentiality Certification,
2
Printed Names U)
I Date Sig aturtig
Roberto Leon 5/1/19
............ .............. ...................... ...... .....................................................
....................................................
................................................ ............. ......
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.`T/VrE OF FLC RLDA f.DEPARMENT Of:FRfAWF PORT(A V ION 37Cb.DID-30 0
TRUTH IN NEGOTIATION CERTIFICATION a rs,zMIo.aR:MEW
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Pursuant to Section 287.055(5)(a), Florida Statutes, for any lump-sum or cost-plus-a-fixed fee
professional services contract over the threshold amount provided in Section 287,017, Florida Statutes for
CATEGORY FOUR,the Department of Transportation(Department)requires the Consultant to execute
this certificate and include it with the submittal of the Technical Proposal, or as prescribed in the contract
advertisement. U)
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The Consultant hereby certifies,covenants,and warrants that wage rates and other factual unit costs
supporting the compensation for this project's agreement are accurate,complete,and current at the time
of contracting. CL
The Consultant further agrees that the original agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the Department determines the agreement price was U)
increased due to inaccurate,incomplete,or noncurrent wage rates and other factual unit costs. All such U
agreement adjustments shall be made within(1)year following the end of the contract. For purposes of
this certificate,the end of the agreement shall be deemed to be the date of final billing or acceptance of
the work by the Department,whichever Is later, cm
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5/1/19 �
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STATE C$kf.*106[WIPORM14T(W MAWMRTA PON 375-0r,-6� 0
BID OPPORTUNITY LIST FOR PROPESSIONAL CONSULTANT PFmDQ,rVJUFNT '@
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SERVICES, AND COMMODITIES &CONTRACTUAL SERVICES 0.
Prkne ConlradodPirime Consultant, CSA Central Inc ---------------------------------------------------------------
AddresaMhorwe Number -820a..NW 41st..St, Suite 30.5.,.,D..o,,ral,-EL,",3,3"16.,6........... 461-5484
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lProc FDOT FM 441745-1-38-01 .2
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I'The Inlet is intended to be a listingi of ail firo"is that are,pail"Idpwing,or atler(ipflngi to participate, on
Do'r.,assusted clordracts', The list must,include all firrns that bid on prime contraos,or ibid or quOe stikontracls arid
suppiies mat is on DOT-assisted projects'., including,both DBIEs and rion-DBEs,, For consulting wmpanles,tt'fls fist mus,t CL
include alli su bconsuillanis contacting you and expfes5ling ain interest in tearriing wth you w a iperft;D(.)T-assisted E
project. Pdate convadors arid cx)nst,iftants nujW provide information for INurrrmbers 1,2'., 3 ands 4, anA shoulid Iprovirde any
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oiformalion they hiave ava ilalWe ufl Nuirribers 51,6, 7,arwd 8 for lhe=elvea, and their subcontractors and supconsultants.
I, FederaITW Number: 31-1446286 6, Ll DRE 8, A,rnnua(l Gross RA
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2. Firm a SA Ceh"tr-51,"-Jn d" K ND on
-DBE D Less thorn$1 nflikon C
3. Rhonel-, �El Between$1 -$5 m N ioni
4. Ajddressi��� Ci
Between$5, 10 millibin
7. F- SubronlTar-tor $ 5 irnidion
Doral.-FL... I, getween$10
1-3-3166 ......................... ubconsullWnt More 11han$15 mill ion C
S Year Firm Eslabiished:
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1, F(Weral Tax D Nurnber: 591983295 6, X 0131E 8, Annual Gress Receipts 0
2� Firm Namw Laura Llerena..&-Associates I Non-D BE X Less than$11 rn ii lion
1 Phorrw Q 5,-,2,5,,6,-Jj �El Between$1 -V9 lniikonl
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C EWween$5-$10 mdflon
4. Addrew 131 7-0"SW,I 28th 7, SubcontTactior Between$101-$16 n)i1fion
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1. Federal Tax CID Rumber: 27,00.1 403-4----------- 6. K IDBIE 8, Aininuall Gross Receipts
Z Firm Name: F BE X Less tnan Sf 11 im ii lion
HP Consultants,I I Non-D
3, Phone, .305,5.9&-28.'W E I 15,etween$1 -$6,mlilfion
Between$5-$10 mililtion CL 4, AddresR10220 SW-10-7th '7� D SLAW)nb'actor L Be�ween silo,- $15 milfion 'a
Miami,-FL 334-76- X Sutxx,)rmu1lanl E]Mom tha,n$15 rr iflion C
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5. Year Firm IEstabfishmw1; -2002 ................................................. 2M
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3. Phone: Detween S1 -S5,rnidlfion
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4. Addlross.. .................................... betweeo$5-$'10 million
s7... Subcointrartor Mee $10 -$15,rn 011 ion
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Sulbeoinsultanl More than$15 rn illion C:
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& tsar-------------------------------------.........r Firm Estabiishee.
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AS APPLICABLE,P'LEASIE SUBMIT THIIS FORM WITH YOUR: 8111D SH EET(11 nvitation to,Bid-,IITB)
LETTERS OF RESPONSE fILOR) Cv
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