Item C09 C.9
G 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
July 17, 2019
Agenda Item Number: C.9
Agenda Item Summary #5719
BULK ITEM: Yes DEPARTMENT: Engineering/Roads
TIME APPROXIMATE: STAFF CONTACT: Clark Briggs (305)295-4306
N/A
AGENDA ITEM WORDING: Approval of Task Order for Engineering Design and Permitting
Services Between Monroe County and HDR Engineering, Inc. for Cudjoe Gardens Drainage
Rehabilitation Project. This task order is being awarded under the HDR Engineering On Call
Professional Engineering Services in the lump sum not to exceed amount of$35,407.93. Approval to
use HDR Engineering out of normal rotation for continuing services contracts due to next consultant
in regular rotation not being available in needed time frame due to commitments on other county
proj ect(s).
ITEM BACKGROUND:
This Task Order is for Professional Engineering Services to develop construction plans and contract
specifications to perform two requested repairs/replacements of existing infrastructure in Cudjoe
Key, FL. The first repair is to replace a section of drainage piping from roadway structures at 20763
5th Ave W in Cudjoe Key to an existing outfall. The existing pipe which needs to be replaced, is 24-
inch corrugated steel and connected to 2 catch basins. The second repair is to replace an existing
headwall that supports the culvert under 4th Ave W, connecting the residential canals north and
south of 4 h Ave W. The headwall became compromised after some support eroded away and stop-
gap measures to repair have since deteriorated as well.
PREVIOUS RELEVANT BOCC ACTION:
At the January 2018 meeting the BOCC approved On Call Professional Engineering Services
between Monroe County and HDR Engineering, Inc.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of Task Order.
DOCUMENTATION:
HDR Task Order No.1 6-25-19
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HDR Engineering - EXEC - 1-17-18
FINANCIAL IMPACT:
Effective Date: July 17, 2019
Expiration Date: 30 days after construction completion
Total Dollar Value of Contract: $35,407.93
Total Cost to County: $35,407.93
Current Year Portion: $35,407.93
Budgeted: Yes
Source of Funds: 102-22500-560630
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: Yes
Additional Details:
REVIEWED BY:
Judith Clarke Completed 06/26/2019 12:23 PM
Christine Limbert Completed 06/26/2019 1:14 PM
Budget and Finance Completed 07/01/2019 8:35 AM
Maria Slavik Completed 07/01/2019 9:00 AM
Kathy Peters Completed 07/01/2019 9:07 AM
Board of County Commissioners Pending 07/17/2019 9:00 AM
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TASK ORDER FOR ENGINEERING DESIGN AND PERMITTING SERVICES
BETWEEN MONROE COUNTY AND HDR ENGINEERING, INC.
FOR
CUDJOE GARDENS DRAINAGE REHABILITATION PROJECT
In accordance with the Continuing Contract for On Call Professional Engineering Services
made and entered on the 17th day of January 2018, between Monroe County hereinafter
referred to as the "County" and HDR Engineering, Inc. hereinafter referred to as "Consultant"
where professional services are allowed if construction costs do not exceed $2,000,000.
All terms and conditions of the referenced Contract for On Call Professional Engineering
Services apply to the Task Order, unless the Task Order modifies an Article of the Agreement
of which will be specifically referenced in this Task Order and the modification shall be
precisely described.
This Task Order is effective on the 17t" day of July, 2019.
In accordance with Article II Scope of Basic Services, Paragraph 2.1, the Scope of this
Task Order is as follows: U)
The scope of services will include Engineering Design and Permitting Services for the Cudjoe
Gardens Drainage Rehabilitation Project, included as Exhibit A.
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-In accordance with Article VII, Paragraph 7.1 Payment Sum, the Payment Sum of this
Task Order is as follows: to
The Consultant shall be paid a total not to exceed Lump Sum amount of Thirty Five
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Thousand Four Hundred and Seven Dollars and Ninety Three Cents ($35,407.93) willcm
apply.
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Task No.
TASK NO. TASK TITLE HDR LABOR SUBCABOR ANT L TOTAL
LABOR
1 Pre-Design Analysis $5,178.00 $5,178.00
2 Survey $405.00 $6500 $6,905.00
3.1 Draft Bid Package $8 799 00 $8,799.00
90% Submittal
3 2 Bid Package (100% $2 967.00 $2,967.00 E
Submittal
4 Permitting Assistance $2,216.00 $2,216.00
5 Bid Phase Services $2,114.00 $2,114.00
6 Construction Phase $6,291.00 $6,291.00
Services
Sub —Total $34,470.00
Reimbursable $937.93
Expenses
Total $35,407.93
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Article IX, Paragraph 9.5 Termination is amended to read as follows:
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
written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
C. 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
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. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon one (1) weeks' notice to CONSULTANT. If the
COUNTY terminates this agreement with the CONSULTANT, COUNTY shall pay Ln
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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 Section 2-721 et al. of the Monroe County Code.
Article IX, Paragraph 9.8 MAINTENANCE OF RECORDS is amended to read as follows:
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of seven years
from the termination of this agreement or for a period of five (5) years from the
submission of the final expenditure report as per 2 CFR §200.333, whichever is greater.
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 four years following the
termination of this Agreement. If an auditor employed by the COUNTY or Clerk
determines that monies paid to CONTRACTOR pursuant to this Agreement were spent
for purposes not authorized by this Agreement, or were wrongfully retained by the
CONTRACTOR, the CONTRACTOR shall repay the monies together with interest
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calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid by the COUNTY.
Article IX, Paragraph 9.17 NONDISCRIMINATION is amended to read as follows:
9.17 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
CONSULTANT and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the
court order. CONSULTANT 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 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination
on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42
USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, Ln
relating to nondiscrimination in the sale, rental or financing of housing; 9) The cm
Americans with Disabilities Act of 1990 (42 USC s. 12101), 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 II, ¶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 Consultant 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 recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Consultant agrees to post in
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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.
2) The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of the Consultant, 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 instances in which an
employee who has access to the compensation information of other
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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 Consultant's legal duty to furnish information.
4) The contractor will send to each labor union or representative of workers
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 contractor will comply with all provisions of Executive Order 11246 of CM
September 24, 1965, and of the rules, regulations, and relevant orders of
the Secretary of Labor.
6) The contractor 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, records, and accounts by the contracting U)
agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
7) In the event of the contractor'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.
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IN WITNESS WHEREOF, each party caused the Task Order to be executed by its duly
authorized representative.
(Seal)
Attest: HDR Engineering, Inc.
By: By:
Title Title
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
Date:
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EXHIBIT A
Scope of Services
SCOPE OF SERVICES:
Task 1 — Provide Professional Engineering Services to develop plans and construction specs
required to replace a section of damaged drainage pipe leading to an outfall located on a
canal. The damaged drainage pipe is located on 51h Avenue West, Cudjoe Key, FL.
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Task 2 — Provide Professional Engineering Services to develop plans and construction specs
required to replace an existing headwall supporting a culvert that connects two canals located
on 41h Avenue West, Cudjoe Key, FL.
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Cudjoe Gardens Drainage Rehabilitation Project
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Task Order No. 001
06/25/2019
Consultant: HDR Engineering, Inc.
TASK WORK ORDER NO. 001
MONROE COUNTY
ON-CALL PROFESSIONAL ENGINEERING SERVICES
CUDJOE GARDENS DRAINAGE REHABILITATION PROJECT
This Task Order between the Monroe County and HDR Engineering, Inc., a Nebraska
corporation authorized to transact business in the State of Florida ("CONSULTANT") is pursuant
to the Agreement for General Engineering Consulting Services dated January 17, 2018, by
County Commission on January 17, 2018 and expiring on January 17, 2022 ("MASTER
AGREEMENT").
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Project Background
This Task Order is for providing Professional Engineering Services to develop plans and
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contract specifications to perform two requested repairs/replacements of existing infrastructure cm
in Cudjoe Key, FL. The first request is to replace a section of drainage piping from roadway
structures at 20763 5th Ave W in Cudjoe Key to an existing outfall. The system was
compromised during an event in which a property owner mistakenly clogged the pipe with
concrete when placing a boat tie down. The existing pipe is 24-inch corrugated steel and
connected to 2 catch basins. The second request is to replace an existing headwall that .
supports the culvert under 4th Ave W, connecting the residential canals north and south of 4th
Ave W. This headwall is located approximately between 20925 4th Ave W and 20883 4th Ave W.
The headwall became compromised after some support eroded away, and stop-gap measures
to repair have since deteriorated as well.
Scope of Services
Task 1 — Pire-Desligin Analysis
The CONSULTANT will prepare for and attend the initial kickoff meeting to be held at the
COUNTY facilities with representatives from the COUNTY. The purpose of this meeting will be
to introduce key project personnel, confirm the objectives of this task order, review the
schedule, discuss planned execution of the project, identify additional background information,
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Task Order No. 001
06/25/2019
Consultant: HDR Engineering, Inc.
and request additional data needs required for the completion of this task order. The
CONSULTANT will have two (2) staff members attend the meeting.
The CONSULTANT will also visit the project site as part of this task to document existing
conditions and to identify potential constructability issues.
Finally, the CONSULTANT will also request information from existing utility owners in the project
area for inclusion on the design drawings as part of this task.
• Kickoff meeting agenda and meeting summary CL
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Task 2 — Survey
Field surveying will provide up-to-date field mapping of the proposed project site. Longitude
Surveyors, as a SUBCONSULTANT, will perform field survey to develop topographic base
mapping for the project. U)
The services will be provided as outlined in the attached Scope and Fee Proposal from Longitude
Surveyors. See Attachment B.
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• CAD files in accordance with COUNTY CAD standards and two (2) signed and sealed �?
hardcopies of survey
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Task 3 — ConstructionDocuments
The CONSULTANT will develop design plans and specifications required for the construction of
the new drainage infrastructure. The CONSULTANT will submit one (1) progress submittal for the
COUNTY's review at the 90% stage of design completion. The anticipated sheets to be included
in the construction drawings are as follows:
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Construction Set Description
1 Cover sheet
2 General notes and drawing index
3 Quantity summary & utility contacts
4 Key plan and project limits
5 Survey sheet
6 SWPPP plans and notes
7 Construction phasing sheet (Site 1)
8 Construction phasing sheet (Site 2)
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Task Order No. 001
06/25/2019
Consultant: HDR Engineering, Inc.
9 Civil plans and details (Site 1)
10 Civil plans and details (Site 2)
Task 3.1 Draft Bid Package (90% Submittal)
CONSULTANT shall provide design development documents necessary to achieve
approximately 90% design completion.
• 90% design documents
0 90% design drawings:
■ Horizontal and vertical alignments of existing and proposed drainage
infrastructure and other existing utilities
■ Standard construction details
o Opinion of probable construction cost
o Bid form in the standardized proposal format (the COUNTY to supply the format)
o Draft specifications
• 90% review meeting
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o Preparation for and attendance of 90% design review team meeting with the
COUNTY. Key CONSULTANT team staff members will attend the meeting at the
COUNTY facilities and additional staff members may attend by teleconference.
The CONSULTANT team may have up to two (2) staff attend the meeting.
0 90% review meeting summary
Task 3.2 Bid Package (100% Submittal)
CONSULTANT shall provide design development documents necessary to achieve
approximately 100% design completion. The design documents shall incorporate the COUNTY's
90% review comments.
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• 100% design documents
0 100% design drawings:
■ Horizontal and vertical alignments of existing and proposed drainage
infrastructure and other existing utilities
■ Standard construction details
o Opinion of probable construction cost
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Task Order No. 001
06/25/2019
Consultant: HDR Engineering, Inc.
o Final bid form in the standardized proposal format
o Final specifications
Task 4 — Permitting Assistance
The CONSULTANT will provide permitting support to the COUNTY for the installation of the
drainage infrastructure. The following is a list of anticipated permit(s) that will be required for the
project and for which permitting support is included in the scope of work.
• USACE— Department of the Army Permit
The permitting phase shall initiate with pre-application meetings prior to the 90% design
submittal and conclude with final permitting following the completion of the 90% design phase.
TASK 4 DELIVERABLES:
• One (1) pre-application meeting with regulatory agency
• Completed permit applications for submission to agencies (at 90% design)
• Documentation of permit approval(s) (at 100% design)
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Task 5 — Bliddling Phase Services
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CONSULTANT shall assist COUNTY during the bid phase of the project. CONSULTANT shall
perform the following tasks: Ln
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• Respond to bidder requests for information (RFIs). The COUNTY will receive the
bidders' questions and provided them to the CONSULTANT for clarification. The
COUNTY will be responsible for distributing the responses to the bidders. The COUNTY
will prepare responses to questions relating to the design intent of the contract
documents. U)
• Prepare up to one (1) addendum to clarify or expand procurement documents, if
necessary.
• Consult with and advise the COUNTY as to the acceptability of subcontractors, suppliers
and other persons and organizations proposed by the prime contractor(s) for those E
portions of the work as to which such acceptability is required by the procurement
documents.
• Review price tabulation sheets and assist the COUNTY in evaluation bids or proposals.
The COUNTY will be responsible for setting the bid opening date; advertisement of the bid;
producing, developing, and distributing all the necessary procurement documents for the
project. The COUNTY is responsible for a contract award to the selected contractor.
TAS IK 5
• Address RFIs, prepare addenda, review and evaluate contractor bids
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Task Order No. 001
06/25/2019
Consultant: HDR Engineering, Inc.
Task 6 — Construction iServices
The CONSULTANT will provide limited construction phase services. It is assumed that the
COUNTY will be responsible for ensuring the project is constructed as designed, including
providing resident project observation, and development of a punch list. The scope of services
will be limited to the following:
Review Shop Drawings
The CONSULTANT shall review up to five (5) shop drawings for the improvements designed by
the CONSULTANT. The shop drawings shall be forwarded to the COUNTY for their final review
and approval, as necessary. Additionally, the CONSULTANT will only review any rejected shop
drawings one (1) time following revisions by the CONTRACTOR for compliance with approved
plans and specifications. Further review will be considered additional services.
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Contractor Requests for Additional Information (RFI)
The CONSULTANT will respond Contractor's RFIs via email to the COUNTY.
Site Visits
The CONSULTANT will attend up to three (3) site visits, including the final inspection, to observe
the progress of the construction.
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• Review shop drawings, address RFIs, and prepare three (3) site visit reports
Project Assumptions
1. COUNTY will provide as-built drawings of utilities and previous construction plans, if available,
for the project upon which CONSULTANT may rely during the design of the project.
2. Deliverables will be provided electronically, except as needed for the purposes of permitting
and bidding.
3. Permit application fees will be paid directly by the COUNTY.
4. The awarded CONTRACTOR will be responsible for obtaining right-of-way and dewatering
permits.
5. The awarded CONTRACTOR will be responsible for in-kind surface restoration of project
affected areas.
6. The COUNTY will provide the primary inspection of the construction. In order to certify the
project, the CONSULTANT will rely upon the COUNTY to provide sufficient documentation of
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Task Order No. 001
06/25/2019
Consultant: HDR Engineering, Inc.
construction progress to demonstrate that the construction is in substantial conformance with
the CONSULTANT's design.
7. The CONSULTANT will not review or approve change order requests as part of this task.
Change order reviews will be considered additional services. Change orders that result in a
substantial deviation from the CONSULTANT's design and are not addressed with associated
RFIs may limit the ability of the CONSULTANT to certify the project.
Additional Services
If authorized in writing by the COUNTY as an amendment to this Task Order, CONSULTANT CL
shall furnish, or obtain, Additional Services of the types listed in Article III of the MASTER
AGREEMENT. COUNTY, as indicated in the MASTER AGREEMENT, will pay for these services.
Schedule
CONSULTANT shall perform the services identified in this scope of work within 90 working days of
written Notice to Proceed, not inclusive of COUNTY review time. Services for Tasks 5 and 6 will be
dependent on COUNTY bidding schedule.
Compensation
The CONSULTANT agrees to perform the work of services for a total lump sum of $35,407.93,
which includes direct subconsultant labor costs and reimbursable expenses. Subconsultant labor
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cost shall include surveyor services. Reimbursable expenses are expected to include travel and cm
meals. The CONSULTANT shall submit monthly invoices. A breakdown of these fees is
summarized in the table below.
The total hourly rates payable by COUNTY for each of CONSULTANT's employee categories,
reimbursable expenses and sub-consultant fees are shown on Attachment "A-1 and A-2'
attached hereto and made a part hereof.
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Task Order No. 001
06/25/2019
Consultant: HDR Engineering, Inc.
Task HDR Subconsultant
No. Task Title Labor Labor Total
1 Pre-Design Analysis $5,178.00 $ - $5,178.00
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2 Survey $405.00 $6500 $6,905.00
Draft Bid Package
3.1 (90% Submittal) $8,799.00 $ - $8,799.00
3 2 Bid Package (100% $2 967.00 $ - $2,967.00
Submittal)
4 Permitting Assistance $2,216.00 $ - $2,216.00 0
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5 Bid Phase Services $2,114.00 $ - $2,114.00
6 Construction Phase $6,291.00 $ - $6,291.00Ln
Services
Sub-Total $ $34,470.00 0
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Reimbursable Expenses $937.93
Total $35,407.93
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(REMAINDER OF PAGE LEFT INTENTIONALLY BLANKI
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Task Order No. 001
06/25/2019
Consultant: HDR Engineering, Inc.
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ATTACHMENT A-1 and A-2 — Fee Proposal Ln
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C.9.a
Task Order No. 001
06/25/2019
Consultant: HDR Engineering, Inc.
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ATTACHMENT B — Longitude Surveyors Scope and Fee Proposal
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Page 9 of 11
Packet Pg. 1129
1- 0 N G T U D IIE SLPRVE'YGRS ............................................................................................
Monday,June 10,2019 VIA EMAIL:John.Neff(ii)hdrinc.com
4th&5th AVE. W. CU DJOE KEY
John F.Neff, PE
Senior Project Manager
HIII)III?
3250 Wesl (.-ornrnerclal Blvd.,S 100
FI. Lauderdale,FI..33014
RE: Surveying services for drainage pipe and seawall replacement for 4th Ave.W.and 5th Ave.W.,Cudjoe Key,FL
Dear Mr.Neff,
We understand that Monroe County has requested HDR (the client) to provide a fee proposal for a drainage pipe
replacement located on 5th Ave.W and seawall replacement on 4th Ave.W.Cudjoe Key,FL. HDR(the client)is requesting LONGITUDE
SURVEYORS, LLC (LS) to provide a fee proposal to provide surveying support for the design related to replacing existing 24-inch
corrugated steel pipe and the damaged seawall.Longitudes estimate is based on the attached Exhibit A,provided by client.Pursuant
to this request LONGITUDE is pleased to submit the following proposal for your consideration. CL
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A. Scope of Work:
Site 1- Longitude on 5th Ave.W will perform a Boundary/Topographic Survey to include the following information:
• IS will establish the boundary and right of way within the survey limits.
• Longitude will locate drainage pipe,ouff all,palm/trees,landscaping,edge of water,top of bank,and any other above ground
improvements within the survey limits.
• IS will attempt to locate the face of the pipe to where the plug begins.
• Longitude will provide the rim and inverts for the existing drainage structure as shown in a picture provided by the client.
• IS will attempt to provide the invert of the outfall.
• Based on Plat Book 6 Page 88"Cudjoe Gardens Fifth&Seventh Additions" recorded in the public records of Monroe County for
Lot 22 of Block 20, Lot 22 has a 6-foot drainage easement along the westerly boundary/property line.The total easement is 12
feet wide. Establishing the westerly boundary/property line of Lot 22 the drainage easement lies 6 feet to either side of the
property line.
• IS will establish a Benchmark at the site.All elevations will be referenced to the National Geodetic Vertical Datum of 1929
(NGVD29) or 1988 North American Datum (NAD 88).
• IS will establish horizontal control geo referenced to the Florida State Plane Coordinate System based on the North American
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Datum of 1983/2011. C1,4
Site 2- Longitude Surveyors will provide a topographic survey on 4th Ave.West on south side of 4th Ave.at the culvert crossing
approximately 475 feet west of the centerline of Drost Dr.
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• IS will establish the south right of way of 4th Ave.W. Z
• IS will establish a centerline over the center of the drainage pipe on south side of 4th Ave.
• IS will collect topographic information 12 feet east and west of the drainage pipe centerline.Coverage will also include 10 feet
north of seawall to 25 feet south of seawall into canal. 0
• IS will obtain Mean High Water(MHW) elevation from Department of Environmental Protection.Includes Site 1. U)
• Survey will show damaged seawall limits. ll
• IS will establish a Benchmark at the site.All elevations will be referenced to the National Geodetic Vertical Datum of 1929
(NGVD29) or 1988 North American Datum (NAD 88).
• IS will establish horizontal geo referenced to the Florida State Plane Coordinate System based on the North American Datum of
1983/2011.
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B. Deliverables:
IS will deliver hard copy signed and sealed surveys in PDF.and CADD file of the resulting survey.
C. Survey Limits:
Site 1-20765 5th Ave.W.Cudjoe Key,Florida.The survey limits will be approximately the following;establishing the westerly
boundary/property line of 20765 5th Ave.W.Cudjoe Key, FI as the centerline of the 12 foot easement,the survey will extend from
the centerline easterly to the face of the existing building and westerly 20 feet;from the south edge of pavement of 5th Ave.W.
to the edge of water(See attached Exhibit provided by the client)
Site 2-Is approximately 475 feet west of the centerline of Drost Dr.on 4th Ave.W.Cudjoe Key,FI.At the Culverts crossing under
4th Ave.W. (See attached Exhibit provided by client)
Q. Fee:
The total professional fee to complete this task shall be a lump sum of$6,500.00
A',4G II(fl //69 invvMl,s roodl sufle, 3P) doiro�,fll 33166 ph: 3MA610912 fax:
'I Packet Pg. 1130
LS PAGE
PROPOSAL FOR HDR 4 5 AVE CUDJOE 060619.DOCX
I agree that by signing below"I APPROVE AND ACCEPT"this proposal as a legal binding contract.
By: Date:
(Authorized Signature)
Title:
(Typed or printed name)
Respectfully Yours,
Eduardo M.Suarez,PSM/President
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LONGITU DE SU RVEYO RS 4055 NW 97th Avenue•2"d Floor•Doral,FL.33178•ph:305.463.0912•fax:305.513.5680
www.longitudesurveyors.com•LB7335
Packet Pg. 1131
C.9.a
Task Order No. 001
06/25/2019
Consultant: HDR Engineering, Inc.
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EXHIBIT C — Project Location
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Page 10 of 11
Packet Pg. 1132
C.9.a
Task Order No. 001
06/25/2019
Consultant: HDR Engineering, Inc.
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C.9.b
AGREEMENT FOR
ON CALL PROFESSIONAL ENGINEERING SERVICES
This Agre meat ("Agreement") made and entered into thisday of
20 by and between Monroe County, a political subdivision of the State
of Florida, 1whose address is 1100 Simonton Street, Key West, Florida, 33040, its
successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County
Board of County Commissioners ("BOCC"),
AND
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HDR Engineering, Inc. a foreign corporation of the State of Nebraska, authorized to
do business in the State of Florida, whose address is 8404 Indian Hills Drive, Omaha,
Nebraska 68114 its successors and assigns, hereinafter referred to as "CONSULTANT", or
"CONTRACTOR".
WITNESSETH.
WHEREAS, COUNTY desires to employ the professional engineering services of
CONSULTANT for various County Projects located in Monroe County, Florida; and
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WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous
projects in which construction costs do not exceed $2,000,000.00, for study activity if the fee
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for professional services for each individual study under the contract does not exceed
$200,000.00.
The professional services required by this Contract will be for services in the form of a
continuing contract, commencing the effective date of this agreement and ending four (4)
years thereafter, with options for the County to renew for one additional 1 year period.
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Specific services will be performed pursuant to individual Task Orders issued by the
COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of
work, time schedule, charges and payment conditions, and additional terms and conditions
that are applicable to such Task Orders.
Execution of a Task Order by the COUNTY or County Administrator and the CONSULTANT
constitutes the COUNTY's written authorization to CONSULTANT to proceed with the
services described in the Task Order. E
The terms and conditions of this Agreement shall apply to each Task Order, except to the
extent expressly modified. When a Task Order is to modify a provision of this Agreement,
the Article of this Agreement to be modified will be specifically referenced in the Task Order
and the modification shall be precisely described.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency of
which is hereby acknowledged, COUNTY and CONSULTANT agree as follows:
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C.9.b
FORM OF AGREEMENT
ARTICLE 1
REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express representations
and warranties to the COUNTY:
1.1 The CONSULTANT shall maintain all necessary licenses, permits or other
authorizations necessary to act as CONSULTANT for the Project until the
CONSULTANT'S duties hereunder have been fully satisfied.
1.2 The CONSULTANT has become familiar with the Project site and the local
conditions under which the Work is to be completed.
1.3 The CONSULTANT shall prepare all documents required by this Agreement
including, but not limited to, all contract plans and specifications, in such a manner
that they shall be in conformity and comply with all applicable law, codes and
regulations. The CONSULTANT warrants that the documents prepared as a part of
this Contract will be adequate and sufficient to accomplish the purposes of the
Project, therefore, eliminating any additional construction cost due to missing or
incorrect design elements in the contract documents.
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1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with co
regards to its performance and those directly under its employ.
1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly progress of the Project. In providing
all services pursuant to this Agreement, the CONSULTANT shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions
of such services, including those now in effect and hereinafter adopted. Any violation
of said statutes, ordinances, rules and regulations shall constitute a material breach
of this Agreement and shall entitle the Board to terminate this contract immediately
upon delivery of written notice of termination to the CONSULTANT.
1.6 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 its employees, contractors, servants, or
agents to be employees of the Board of County Commissioners for Monroe County.
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.
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C.9.b
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 SCOPE OF WORK
The CONSULTANT will perform for the COUNTY services as described in individual Task
Orders in accordance with the requirements outlined in the Agreement and the specific Task
Order.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its
subconsultants, or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this
Agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the
appropriate party by certified mail, return receipt requested, to the following:
For the County: ems,
Ms. Judith Clarke, P.E. co
Director of Engineering Services
Monroe County
1100 Simonton Street, Room 2-216
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
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For the Consultant:
Timothy Fish, P.E.
Associate Vice President, HDR Engineering, Inc.
15450 New Barn Rd, Suite 304
Miami Lakes, Florida 33014
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.
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C.9.b
3.2 If Additional Services are required, the COUNTY shall issue a letter requesting and
describing the requested services to the CONSULTANT. The CONSULTANT shall
respond with a fee proposal to perform the requested services. Only after receiving
an amendment to the Agreement and a notice to proceed from the COUNTY, shall
the CONSULTANT proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project
including physical location of work, county maintained roads, and 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.
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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.
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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 co
the CONSULTANT'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such W
documents are generally consistent with the COUNTY's criteria, as, and if, modified.
No review of such documents shall relieve the CONSULTANT of responsibility for
the accuracy, adequacy, fitness, suitability, or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the
work.
4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY
has immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
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 intentional wrongful conduct of the CONSULTANT,
subcontractor(s) and other persons employed or utilized by the CONSULTANT in
the performance of the contract.
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C.9.b
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 it shall hold the
COUNTY harmless and shall indemnify it from all losses occurring thereby and
shall further defend any claim or action on the COUNTY'S behalf.
5.3 In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONSULTANT'S failure to purchase or maintain the
required insurance, the CONSULTANT shall indemnify COUNTY from any and all
increased expenses resulting from such delays. Should any claims be asserted
against COUNTY by virtue of any deficiencies or ambiguity in the plans and
specifications provided by the CONSULTANT the CONSULTANT agrees and
warrants that CONSULTANT will 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.
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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.
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ARTICLE VI co
PERSONNEL
6.1 PERSONNEL t'
The CONSULTANT shall assign only qualified personnel to perform any service concerning
the project. At the time of execution of this Agreement, the parties anticipate that the
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following named individuals will perform those functions as indicated:
NAME FUNCTION
Timothy Fish, P.E. Project Principal
Emilio Corrales, P.E. Project Manager
Javier Manso, P.E. Task Manager Transportation
Mohammad Pervez, P.E. Task Mgr Stormwater/Drainage
Robert Turnage, P.E. Task Manager Structural
Lenore Horton, P.E. Task Manager Environmental
Lynette Cardoch, PhD Task Manager Resiliency
Tony Sabbag Construction Engineering Inspect.
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they are
replaced the CONSULTANT shall notify the COUNTY of the change immediately.
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ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S
performance of this Agreement based on rates negotiated and agreed upon and
shown in Attachment A.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations, and responsibilities
set forth herein, the CONSULTANT shall be paid monthly. Payment will be made
pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes.
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either
upward or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by
the COUNTY, a proper invoice to COUNTY requesting payment for services ems,
properly rendered and reimbursable expenses due hereunder. The co
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 as 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 the project:
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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; and
b. Cost of reproducing maps or drawings or other materials used in performing the
scope of services; and
c. Postage and handling of reports.
7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not
obligated to pay, any fees or expenses in excess of the amount budgeted for this
contract in each fiscal year (October 1 - September 30) by COUNTY's Board of
County Commissioners. The budgeted amount may only be modified by an
affirmative act of the COUNTY's Board of County Commissioners.
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C.9.b
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.
ARTICLE VIII
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of
the project (to include the work of others) is delayed or suspended as a result of the
CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased expenses
resulting from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best
rating of VI or better, that is licensed to business in the State of Florida, and that has
an agent for service of process within the State of Florida. The coverage shall
contain an endorsement providing 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: co
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A. Workers' Compensation insurance as required by the State of Florida, sufficient
to respond to Florida Statute, Chapter 440.
B. Employers Liability Insurance with limits of One Million Dollars ($1,000,000.00)
per Accident, One Million Dollars ($1,000,000.00) Disease, policy limits, One
Million Dollars ($1,000,000.00) Disease each employee.
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C. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of others
arising from use of motor vehicles, including onsite and offsite operations, and
owned, hired or non-owned vehicles, with One Million Dollars ($1,000,000.00)
combined single limit and One Million Dollars ($1,000,000.00) annual aggregate.
D. Commercial general liability, including Personal Injury Liability, covering claims
for injuries to members of the public or damage to property of others arising out
of any covered act or omission of the CONSULTANT or any of its employees,
agents or subcontractors or subconsultants, including Premises and/or
Operations, Products and Completed Operations, Independent Contractors;
Broad Form Property Damage and a Blanket Contractual Liability Endorsement
with One Million Dollars ($1,000,000.00) per occurrence and annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or provided
on a Claims Made policy, its provisions should include coverage for claims filed
on or after the effective date of this contract. In addition, the period for which
claims may be reported must extend for a minimum of forty-eight (48) months
following the termination or expiration of this contract.
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E. Professional liability insurance of One Million Dollars ($1,000,000.00) per
occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the
policy is a "claims made" policy, CONSULTANT shall maintain coverage or
purchase a "tail" to cover claims made after completion of the project to cover
the statutory time limits in Chapter 95 of the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect to
CONSULTANT'S liabilities hereunder in insurance coverages identified in
Paragraphs C and D.
G. CONSULTANT shall require its subconsultants to be adequately insured at least
to the limits prescribed above, and to any increased limits of CONSULTANT if so
required by COUNTY during the term of this Agreement. COUNTY will not pay
for increased limits of insurance for subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy
of all insurance policies including those naming the COUNTY as an additional
insured. The COUNTY reserves the right to require a certified copy of such
policies upon request. U)
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 W
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.
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9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the
COUNTY and may be reproduced and copied without acknowledgement or
permission of the CONSULTANT.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this
agreement, except in writing and with the prior written approval of the Board of
County Commissioners for Monroe County and the CONSULTANT, which approval
shall be subject to such conditions and provisions as the Board may deem
necessary. This paragraph shall be incorporated by reference into any assignment
or subcontract and any assignee or subcontractor shall comply with all of the
provisions of this agreement. Subject to the provisions of the immediately preceding
sentence, each party hereto binds itself, its successors, assigns and legal
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C.9.b
representatives to the other and to the successors, assigns and legal
representatives of such other party.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with
or any rights in favor of, any third party.
9.5 TERMINATION
A. In the event that the CONSULTANT shall be found to be negligent in any aspect
of service, the COUNTY shall have the right to terminate this agreement after
five (5) days' written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving
the other party sixty (60) days' written notice of its intention to do so.
9.6 CONTRACT DOCUMENTS
This Agreement consists of the Request for Proposals, any addenda, the Form of
Agreement (Articles I-IX), the CONSULTANT'S response to the RFQ, the
documents referred to in the Form of Agreement as a part of this Agreement, and
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attachments A, B, and C, and modifications made after execution by written
amendment. In the event of any conflict between any of the Contract documents,
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the one imposing the greater burden on the CONSULTANT will control.
9.7 PUBLIC ENTITIES CRIMES
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A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on contracts to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
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entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017 of the Florida Statutes, for
CATEGORY TWO for a period of thirty-six (36) months from the date of being
placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement and
recovery of all monies paid hereto, and may result in debarment from COUNTY's
competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been
no determination, based on an audit, that it or any subconsultant has committed an
act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it
has not been formally charged with committing an act defined as a "public entity
crime" regardless of the amount of money involved or whether CON USULTANT has
been placed on the convicted vendor list.
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CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act defined as a "public entity
crime" or has been placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Records shall be retained for a period of
five (5) years from the termination of this Agreement. Each party to this Agreement
or its authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records purposes during the
term of the Agreement and for four (4) years following the termination of this
Agreement. If an auditor employed by the COUNTY or Clerk determines that
monies paid to CONSULTANT pursuant to this Agreement were spent for purposes
not authorized by this Agreement, or were wrongfully retained by the
CONSULTANT, the CONSULTANT shall repay the monies together with interest
calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid by the COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida applicable to contracts made and to be performed entirely in the t?
State. In the event that any cause of action or administrative proceeding is instituted co
for the enforcement or interpretation of this Agreement, COUNTY and
CONSULTANT agree that venue shall lie in the 161h 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 W
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.
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9.10 SEVERABILITY E
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If any term, covenant, condition, or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement, shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Agreement shall be valid
and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions, and provisions of this
Agreement would prevent the accomplishment of the original intent of this
Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to
replace any stricken provision with a valid provision that comes as close as possible
to the intent of the stricken provision.
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9.11 ATTORNEYS FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled
to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses,
as an award against the non-prevailing party, and shall include attorney's fees,
courts costs, investigative, and out-of-pocket expenses in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery, and
performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
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CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply t?
for, seek, and obtain federal and state funds to further the purpose of this co
Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS W
COUNTY and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of
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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. The CONSULTANT and COUNTY staff shall try to resolve the claim or
dispute with meet and confer sessions to be commenced within fifteen (15) days of
the dispute or claim. Any claim or dispute that the parties cannot resolve shall be
decided by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement,
COUNTY and CONSULTANT agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. COUNTY and CONSULTANT specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
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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 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 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on
the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20
USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Title 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 t?
time, relating to nondiscrimination on the basis of disability; 10) Monroe County co
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, W
this Agreement.
9.18 COVENANT OF NO INTEREST
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CONSULTANT and COUNTY covenant that neither presently has any interest, and
shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees
as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position; conflicting employment or contractual
relationship; and disclosure or use of certain information.
9.20 NO SOLICITATION/PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
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working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the CONSULTANT agrees
that the COUNTY shall have the right to terminate this Agreement without liability
and, at its discretion, to offset from monies owed, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
9.21 PUBLIC ACCESS.
Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of CL
article I of the Constitution of Florida. The County and Contractor shall allow and
permit reasonable access to, and inspection of, all documents, records, papers,
letters or other "public record" materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and Contractor in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract
upon violation of this provision by the Contractor. Failure of the Contractor to abide
by the terms of this provision shall be deemed a material breach of this contract and
the County may enforce the terms of this provision in the form of a court proceeding
and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees
and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract. t?
The Contractor is encouraged to consult with its advisors about Florida Public co
Records Law in order to comply with this provision.
Pursuant to Florida Statutes, Section 119.0701 and the terms and conditions of this
contract, the Contractor is required to:
(1) Keep and maintain public records that would be required by the County to W
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County
with a copy of the requested records or allow the records to be inspected or copied
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within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the contract term and following completion of the contract if
the contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all
public records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the Contractor
transfers all public records to the County upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If the Contractor keeps
and maintains public records upon completion of the contract, the Contractor shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the County's
custodian of records, in a format that is compatible with the information technology
systems of the County.
(5) A request to inspect or copy public records relating to a County contract
must be made directly to the County, but if the County does not possess the
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C.9.b
requested records, the County shall immediately notify the Contractor of the request,
and the Contractor must provide the records to the County or allow the records to be
inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance with the
contract, notwithstanding the County's option and right to unilaterally cancel this
contract upon violation of this provision by the Contractor. A Contractor who fails to
provide the public records to the County or pursuant to a valid public records request
within a reasonable time may be subject to penalties under Section 119.10, Florida
Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise CL
dispose of any public records unless or otherwise provided in this provision or as
otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT
PHONE# 305-292-3470 BRADLEY-BRIAN(&,MONROECOUNTY-
FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12Tx
Street, SUITE 408, KEY WEST, FL 33040. 00
9.22 NON-WAIVER OF IMMUNITY
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Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of
the CONSULTANT and the COUNTY in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
COUNTY be required to contain any provision for waiver.
9.23 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances,
and rules and pensions and relief, disability, workers' compensation, and other E
benefits which apply to the activity of officers, agents, or employees of any public a,
agents or employees of the COUNTY, when performing their respective functions
under this Agreement within the territorial limits of the COUNTY shall apply to the
same degree and extent to the performance of such functions and duties of such
officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from any
obligation or responsibility imposed upon the entity by law except to the extent of
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C.9.b
actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility.
Further, this Agreement is not intended to, nor shall it be construed as, authorizing
the delegation of the constitutional or statutory duties of the COUNTY, except to the
extent permitted by the Florida constitution, state statute, and case law.
9.25 NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the CONSULTANT
and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any
agent, officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated
in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION U)
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 t?
accurate, complete, and current at the time of contracting. The original contract price co
and any additions thereto shall be adjusted to exclude any significant sums by which
the agency determines the contract price was increased due to inaccurate,
incomplete, or concurrent wage rates and other factual unit costs. All such
adjustments must be made within one (1) year following the end of the Agreement. W
9.27 NO PERSONAL LIABILITY
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No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which
shall be regarded as an original, all of which taken together shall constitute one and
the same instrument and any of the parties hereto may execute this Agreement by
signing any such counterpart.
9.29 FEDERAL CONTRACT REQUIREMENTS.
The Consultant and its subconsultants must follow the provisions as set forth in
Appendix II to Part 200, as amended, including but not limited to:
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9.29.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part
60, all contracts that meet the definition of "federally assisted construction contract"
in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41
CFR 60-1.4(b).
9.29.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal
program legislation, all prime construction contracts in excess of$2,000 awarded by
non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144,
and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5, "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction"). In accordance with the statute, contractors
must be required to pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination made by the Secretary of
Labor. In addition, contractors must be required to pay wages not less than once a
week. The COUNTY must place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation. The decision to award a
contract or subcontract must be conditioned upon the acceptance of the wage
determination. The COUNTY must report all suspected or reported violations to the
Federal awarding agency. The contractors must also comply with the Copeland
"Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or
Public Work Financed in Whole or in Part by Loans or Grants from the United
States"). As required by the Act, each contractor or subrecipient is prohibited from
inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he or she is t?
otherwise entitled. The COUNTY must report all suspected or reported violations to co
the Federal awarding agency. In accordance with the Davis-Bacon Act, the
CONTRACTOR or their subcontractors shall pay workers employed directly upon
the site of the work no less than the locally prevailing wages and fringe benefits paid
on projects of a similar character. The current prevailing wage rates can be found W
at: www.access.gpo.gov/davisbacon/f1.htmI under Monroe County.
9.29.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the COUNTY in excess of $100,000 that
involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702
and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).
Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for
all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
9.29.4 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
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C.9.b
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.
9.29.5 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. 7401-7671 q) 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).
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9.29.6 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 governmentwide
exclusions in the System for Award Management (SAM), in accordance with the
OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part
1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension." SAM Exclusions contains the names of parties debarred, suspended,
or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
9.29.7 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 t?
any person or organization for influencing or attempting to influence an officer or co
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 U.S.C. 1352. Each tier must also
disclose any lobbying with non-Federal funds that takes place in connection with W
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to
the non-Federal award.
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9.29.8 Procurement of recovered materials as set forth in 2 CFR § 200.322.
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Other Federal Requirements:
9.29.9 Americans with Disabilities Act of 1990 (ADA) The CONSULTANT will comply with
all the requirements as imposed by the ADA, the regulations of the Federal
government issued thereunder, and the assurance by the CONSULTANT pursuant E
thereto.
9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of
the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have
the opportunity to participate in the performance of contracts financed in whole or in
part with COUNTY funds under this Agreement. The DBE requirements of
applicable federal and state laws and regulations apply to this Agreement. The
COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity
to participate in the performance of this Agreement. In this regard, all recipients and
contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the
opportunity to compete for and perform contracts. The COUNTY and the
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C.9.b
CONSULTANT and subcontractors shall not discriminate on the basis of race, color,
national origin or sex in the award and performance of contracts, entered pursuant
to this Agreement.
9.30 The Consultant and sub cosultants shall utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees
hired by the Consultant during the term of the Contract and shall expressly require
any subconsultants performing work or providing services pursuant to the Contract
to likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the subconsultant
during the Contract term.
9.31 The Appendices I, A and E of the FDOT Standard Professional Services Agreement
are attached hereto as Attachment B and the Certification for Disclosure of
Lobbying Activities on Federal Aid Contracts, the Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion for Federal Aid
Contracts, and the Conflict of Interest/Confidentiality Certification are attached
hereto as Attachment C and all made a part hereof.
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IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
or representative on the day and year first above written.
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BOARD OF COUNTY
COMMISSIONERS
MADOK, Clerk OF MONROE COUNTY, FLORIDA
ca
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y. By� �
Deputy Clerk oil 17 Mayor/Chairman
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Date: MONROE COUNTY ATTORNEY'S OFFIC
APPRvEI)AS TO R
®l2 PATRICIA EABLES
ASSISTANTCOUNTYATTORNEY
ANA D.WARDER �
Notary Public-State of Florida DATE; - p••_— E
. My Comm.Expires Feb 14,2018 CONSULTANT
(Seal) ,+ Commission FF 092975
Attest: '41Z, Bonded rnmoffillaw Mary Ann. HDR ENGINEERING, INC.
BY:. By.
Title. �L Title.
END OF AGREEMENT
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ATTACHMENT A
CONSULTANT RATES
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ON CALL PROFESSIONAL ENGINEERING SERVICES
RATE SCHEDULE
HIDR ENIGIINIEERING,11i
EngFx*dng
H�xutj Bi
F,rof Level Position Title Rate,
Level 2 Engineer Technician $713
Level 3 Engineer Associate $94
Level 4 Staff Engmeen $I23
Level 5 Senior Eingireeir CL
Level 6 Lead Eingineer/Froj,ect Mariagw
Level 7 C'011SWts11g Erigiineer $236 .2
Level 8 "llincipal Engineer $2d7
GeckKhi Ef0ii
Hxidy Ekrdpiw-d ua
Prof Level Fri.sitirm Tiitle Raites
Leve-1 2 Eingiin,Em.,f Technician $86
Levk-,l 3 E ng nee r associate $86
Level 4 Staff Geotech Engineer 1 Dui
0
Level 5 se-roor Cipotechnical Eingirieer WA
Level 6 Lead Geote-chnical Eingi oj,ect'Aariage-f 185
Level 7 Chief C011Si Geotedh 1 237
00
Const"iticbmi Adminisuatice
Hcuty,BvJ,,ired L I)
Prof Level Position Title Rates w
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Lp,vel 2 inspecboin Technician $13 w
Lp,vel 3 Inspection Associate $9 2
Lp,vel 4 Staff Inspection Relp
i Spriar Inspection Rep, SW
Level 6 Lear]Inspection r&IDlProj Mariagef 5,1130
Lp,vel 7 C"rillpfConsulting linslaqictcr 5225
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F"i"of Level F`oOtoin Title,
Level 2 CADD Technician $73
Level 3 CADD Associate
Level 4 Staff Desiginef $
f 04
Level 5 Senior Designer $rl a
16 Lead DieslgineFiPiq Minager $f44
17 Chief CLv'sulking Designer $tlHi
Page I of 4
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ON CALL PROFESSIONAL ENGINEERING SERVICES
RATE SCHEDULE
HIM ENGINEERING,INC.
Archdo=d SEVA089
Houdy Bur"IC41
Prof Levell Flosytioin Title Rates
Level 2 Aircroted Technician $72
Level 3 X&RectAssociate
Levpl 4 Staff Architect 11F70'
Level 8 Senio"Airhitect $158 CL
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Level 13 Lead Ardhftr-ct?Proj $183 0
LE,vpl 7 Chief Cu'suitting Arcritect. $222
Rmy-m-g 11idudes Emlonlics)
BuiT1piwJ
Prof Level PosItbin Ti:tte Pat
es
Lev--4 2 Flbninrng Technician $79
Levp-f 3 Flbninrng Assodate, $94
Levp-1 4 Staff Planner $12
Le,lpi 5 ail-iniw F"laii 5147 0
LeietiFJ Le—ad PlaninierfRm 1.1anager 5196
L--ieti 7 Chief Planner S273
00
TadmicaMMinGF-dibig
H(DU11YBUTdM-(l
Prof Level Plosituan Title R,,-Aqs
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Lp,vp,l 'I Pioofmader(TecriAN'Meii Assistant) FS.rdx
Lp,vp,l 2 574 w
Le,ve,l 3 Associate Tech',AlnterdEditor 584
Level 4 Staff Teclh'XiMerTEditor S
Lpvpl 5 Senior Tpch'leintr-rfEditor
Level 6 Lead Tp-clhA'ritpr/Edit(3i1Pro1 Manager 514f
Level 7 Chief Cinsl%l TechAiitpi"rErDon $252
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Techr"CKm1tyAssurmoaQjaRyCtwYRA
Houii�Burd&w.l
ate
Prof Level F'osrUoin Title R s LCM
Levels Seinio Quality Assuiaince,Speciahst $153
Level 6 Leacl QuaH1y Assurmcp SpecIFIroj t,Janager
IL9,,49,17 Cri ipf Quallity Assurance Specialist $226
Fla ge 2 of 4
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ON CALL PROFESSMIAL ENGNEEFM SERVICES
RATE SCHEDULE
HDR ENGINEERING,INC.
EnwanaM Sdur &LaboratNy
Houtj Buii
F'rof LAvel Posifion 7t:Je R,-&s
Lev�l 2 SciPlist T&Cli 6
Le ve,1 3 Science-AAralyst Ass,odate 58E.
Leved 4 Staff Science/Anakyst $114
Level S Senior SuenceiAinaPjst 5152 CL
Level 6 Lead Scikezwce�Ainalyst/PiGj Manager 0
Level 7 C hTef s c i e ncal,4,ra lyst S225
odefing
Hcuity Buii
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Rates
F"rof Level Pasiboin Title
Level 2 Hyd olloc ic,r0odellpi-Tpclhri,,ckan 567 am
Level 3 Hydii Modellei-Associate 502
Leval 4 Staff Hydrologic Modelef
Qic I'dodeler S1136 0
M iad,eSeNlPii Mana(.�e r IF",",10 L
Leved 7 1,hief Consulting Hydro I'dodellp,ir 5227
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Hydiii y
HOU111y'SUFl(cred
F'rof Lpvel Position 7t(e w
Level 2 H,,jdii.)q,Eo1ogv Teclintrim $95 x
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Level 3 H,/dioq,9o1agV Assc)datp-
$97
Level 4 Staff Hyd�ogeollo gist 13
I Level 8 1 Sewircr Hvdnx�eollcWst $145
Level 6 Lead -]ydiit/F1rcq Mainaqer $�l 77
Leval 7 Consulting Hydrogealogist $205
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G!IS RS
HrulyBunJened
'Imf Level Flosibain Title
ILeael 2 GISJRS Tezlhinrcian SM
ILevel 3 GIS/FIS Associate Selo
ILevel 4 IStaff GIS RS Analyst $97
Levels Seriuor(313,iRS Anallyst $123
16 Lead C-,IS RS AnalysVlProj Manager $170
lLeapt 7 L.hief Consulting GiS RS AnMyst $211
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ON CALL PROFESSMAL ENGINEERNG SERVICES
RATE SCHEDULE
�HIOR EMNEERNG,INC.
Irs CaAmis,
A)
Houitj'BUrda)ed
es CL
Flirof I Position Tifle Rat r_
Levell 3 Assoclitp Frogirims+-.oint.rolls Spe6alist $69 0
Level)4 Staff F'rogli'llils oorltrolls SpecTalisl 5125
Lovell 5 sema"controls sj.-�ecralist Tel 9
Levell 6 Leid continalls SpecialistlF,roj PAainger 5179
Level 7 Chief Consulting pec,ialist S212
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Adnif Inistatw StWrt
Kxp�y Budned
Prof ILevol Position Title- R,Lkes
p, 0
Levels ClIpiricat Assistant 5,43
LevE' ClIpiricoil Anod'ate $52
Level 3 lAdin,iiinisf.ratilve Associate 1 570
L veI l ISenhair Adiministritive Associate SE6 eo
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ATTACHMENT B
APPENDICES: I, A and E OF THE FDOT STANDARD PROFESSIONAL SERVICES
AGREEMENT
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LOCAL AGENCY PROGRA141 FEDERAL-AID TERAIS P5-040_84
For PROFESSIONAL SERVICES CONTRACTS PROGRAM MANAGRAFNT
U4115
Page I Dif 3
The following terms apply to all contracts in which it is indicated that the services involve the expenditure of feclerall funds:
A. It is understood and agreed that allil rights of the Local Agency relating to inspection,review,approval,
patents,copyrights,and audit of the work,tracing,plans,specifications,maps,data,and cost records
relating to this Agreement shall also be reserved and held by authorized representatives of the United
States of America.
B. lit is understood and agreed that,in order to permit feclerall participation,no supplementall agreement of any nature 4)
may be entered into by the parties hereto with regard to the work to be performed hereunder without thie approval 0,
of the U.S. Department of Transportation,anything to the contrary in this Agreement not withstanding.
C. Compliance with Regulations: The Consultant shall comply with the Regulations:relative to nondiscrimination in 0
Federal ly-assisted programs of the U.S.Department of Transportation Tuttle 49,Code of Federal Regulations,Part
21,as they may be amended from time to time,(hereinafter referred to as the Regulations),which are herein
incorporated by reference and made a part of this Agreement.
D. Nondiscrimination: The Consultant withi regard to thie work performed during the contract,shall not discriminate
on the basis of race,color,national origin,sex,age,disability,religion or family status in the selection and retention
of subcontractors.including procurements of material/and Ileases of equipment. The Consultant shall not
participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,including
employment practices when the contract covers a program set forth in Appendix 6 of the Regulations.
E. Sollicitations for Subcontracts, Including Procurements of Mlaterialls and Equipment: In all solicitations made by
the Consultant,either by competitive bidding or negotiation for work to be performed unider a subcontract,
including procurements of materials and leases of equipment,each potential subcontractor or supplier shall be 0
notified by the Consultant of the Consultant's obligations under this contract and thie Regulations relative to
nondiscrimination on the basis of race,collor,national/origin,sex,age,disability,religion or family status.
F. Information and Reports: The Consultant will provide all info mriation and reports required by the Regulations,or 00
directives issued pursuant thereto,anid 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 Federall
Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations,orders and
inistructions. Where any information required of the Consultant is in the eXCILMiVe possession of another fails or
refuses to furnish this information,the Consultant shall so certify to the Local Agency,Florida Department of
Transportation,Federal i Administration, Federall Transit Administration, Federall Aviation Administration, W
and/or the Federall Motor Carrier Safety Administration as appropriate,and shall set forth what efforts it has made to X
obtain the information. W
G. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination S
provisions of this contract,the Local Agency shalll impose such contract sanctions as it or the Florida Department C
of Transportation, Federall Transit Administration, Federall Aviation Administration,and/or Federal Motor Carrier
Safety Administration may determine to be appropriate,including,but not limited to,
11. withholding of payments to the Consultant Linder the contract until the Consultant compilies and/or W
2. cancellation,termination or suspension of the contract,in whole or in part.
H. incorporaticni or Provisions: The Consultant will include the provisions of Paragraph C through I in every
subcontract,including procurements of materials and leases of equipment unless exempt by the Regulations,order,
or instructions issued pursuant thereto. The Consultant shal'ill take such action with respect to any subcontract or
procurement as the Local Agency,Florida Department of Transportation, Federall 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 ini,or is threatened with,litigation withi a SiLibconSiLiltant or supplier as a result of such direction,
the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local
Agency,and,in addition,the Consultant may request the United States to enter into such litigation to protect the
interests of the United States.
I. Compliance with Nondiscrimination Statutes anid Authorities:Title VII of the Civil Rights Act of 1964(42 U.S.C.§2000d et
seq.,76 stat.252),(prohibits discrimination on the basis of race,color,national)origin);and 49 CFR Part 21;The Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.§4601),(prohibits unfair treatment
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LOCAL GENUS PROGR_,AA1 FEDERAL-AID TERMS 17'Q40 84
For PROFESSIONAL. SERVICES CONTRACTSPRJ�!RRM�ravacEr04;15
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Page r M 3
of persons displaced or whose property has been acquired because of Federal or Federall-aid programs and projects)„
Federal-Ad(Highway Act of 1973,(23 U!.S.C.§324 et seq.),(prohibits discrimination on the basis of sex);Section 504 of
the Rehabilitation Act of 1973,(29 U.S.C.§794 et sec.),as amended,(prohibits discrimination on the basks of disability);
and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 61011 et seq.), (prohibits
discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U''SC§,471, Section 47123), as
amended. (prohibits discrimination based on race,creed, color, national origin, or sex);The Civil Rights Restoration Act
of 1987, (PL 160-209), (Broadened the scope,coverage and applicability of Title Vl of the Civi11 Rights Act of 11964,The
Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the
terms "programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federal'illy funded or not); Tithes II' and III II of the Americans with ea
Disabilities Act,which prohibit discrimination on the basis of disability in the operation of public entities,public and private
transportation systems, places of public accommodation, and certain testing entities(42 U.S.C. §§ 121131 -- 1121189) as
Implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation CL
Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohiibits discriimination on the basis of race, color„
nationiall origin, and sex); Executive Order 12898, Federall Actions to Address Enviironmentall Justice in Minority
Populations and Low-Income Populations, which ensures non-discrimination against minority popu,llations by
discouraging programs, policies, and activiitiies with disproportionately high and adverse human heallth or environmentall
effects on minority and Icw-Income populations. Executive Order 13166, (Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin discrimi!natcn Includes discrimination
because of Illimited English proficiency(LEP). To ensure compliance with Title VII, you must take reasonable steps to as
ensure that LEP persons have meaningful access to your programs (76 Fed Reg. at 745187 to 74100), Title I'X of the
Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education
programs or activities(20 U.S.C. 1681 et seclj.
J. interest of Members of Congress: No member of or delegate to the Congress of the Un1ed States willl be
admitted to any share or part of this contract or to any benefit arising therefrom.
K. interest of Public Officials: No member,officer„or employee of the public body or of a local public body during his °
tenure or for one year thereafter shallll have any interest,direct or indirect,in this contract or the proceeds thereof.
For purposes of this provision,public body shall include municipalities and other politicall subdivisions of States;and
public corporations„boards,and commissions established under the Ilaws,of any State.
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L. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following
statement from 49 CFR 26.13(b). This statements shall be!Included in all subsequent agreements between the
Consultant and any subconsuulltant or contractor.
The Consultant,sub recipient or subcontractor shall not discriminate on the basis of race„color,nationall
origin,or sex in the performance of this contract The contractor shallll carry out applicable requirements of
49 CFR Part 26 In the award and administration of DOT-assisted contracts `61lure by the Consultant to
carry out these requirements its a material breach of this contract,which may result in termination of this
contract or other such remedy as the recipient deems appropriate.
M. lit is mutually understood and agreed that the willful falsification,distortion or misrepresentation with respect to any
facts rellated to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United
States Code,Title 18,Section 1020,i!s hereby incorporated by reference and made a part of this Agreement.
N. lit is understood and agreed that if the Consultant at any time(learns 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 changed circumstances,the Consultant shalll provide immediate wriitten notice to the Locall Agency.It is
further agreed that the clause titled 'Certification Regarding Debarment,Suspension,Ineligibility and Voluntary
Excllusion-Lower Tiler Covered Transaction"as set forth in 49 CFR,Section 29.5110,shall be Included by the
Consultant in all(lower tier covered transactions and in aIJ,aforementioned federal regulation.
O. The Local Agency hereby certifies that neither the consultant 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 out this contract,to ea
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 kiind;
The Local Agency further acknowledges that this agreement wi111 be furnished to a federal agency, iin connection
with this contract involving participation of Federall-Aid funds and is subject to applicable State and Federal Laws,
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LOCAL AGENCY PROGRA1\1 FEDERAL-AID TEFAIS 375-040-84
ENT
For PROFESSIONAL SERVICES CONTRAC PROGRAM MANAGEM
TS 04115
Page 3 M 3
both criminal and civil.
P. The Consultant hereby certifies that it has niot:
1. employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,any
firm or person(other than a bona fide employee working sollely for the above contractor)to solicit or secure
this contract
2. agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any
firm or person in connection wilt,h carrying out this contract;or as
3. paid,or agreed to pay,to any firmi,organization or person(othier than a bona fide employee working solelly for CL
the above contractor)any fee contribution,donation,or consideration of any kind for,or in connection with, C:
procuring or carrying out the contract. .0
The consultant furthier acknowledges that this agreement willl be furnished to the Local Agency,the State of
Florida Department of Transportation and a federal agency in connection with this contract involving participation
of Federall-Aid funds,and is Subject to applicable State and Federal'!Laws,both criminal and civill.
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APPENDICES A and E
Revised O112015
During the performance of this contract, the contractor,for itself, its assignees and successors in
interest(hereinafter referred to as the"Contractor")agrees as follows:
(1.)compliance with Regulations: The Contractor shall comply with the Regulations relative to
nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation
(hereinafter, "USID07) Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this Agreement.
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(2.) Nondiscrimination: The Contractor, with regard to the work performed during the contract,
shall not discriminate on the basis of race, color, national origin,, sex, age, disability, religion
or family status in the selection and retention of subcontractors, includiing procurements of .2
materials and leases of equipment. The Contractor shall riot participate either directly or
!indirectly iin the discrimination prohibited by section 21.5 of the Regulations, including
employment practices when the contract covers a programs set forth in Appendix B of the
Regulations.
(3.)Solicitations for Subcontractors, including Procurements of Materials and IE,qulipm,ent: U)
In all solicitations made by the Contractor, either by competitive bidding or negotiation for
work to be performed under a subcontract, including procurerrients of materials or leases of
equipment; each potential subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this contract and the Regulations relative to nondiscrimination
on the basis of race,color, national origin, sex, age,disability, religion or family status.
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(4.) Information and Reports: The Contractor shall provide all information and reports required
by the Regulations or directives issued pursuant thereto, and shalt permit access to its books,
records, accounts,other sources of information, and its facilities as may be determined by the 00
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a Contractor is in,the exclusive possession of
another who faills, or refuses to furnish this information the Contractor shalll so certify to the
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Florida Department of Transportation, the Federal Highway Administration, Federal Transit X
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety W
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Administration as appropriate, and shalt set forth what efforts !it has made to obtain the 0)
!information. .0
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(5.) Sanctions for Noncomphanice: In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this contract, the Florida Department of Transportation shall
impose such contract sanctioris as it or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety W
Administration may determine to be appropriate, including, but riot limited to:
a. withholding of payments to the Contractor under the contract until the Contractor
complies, and/or
b. cancellation, termination or suspension of the contract, in whole or in part.
(6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs(1)
through (7) iin every subcontract, including procurements, of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The
Contractor shall take such action with respect to any subcontract or procurement as the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
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Administration, Federal Aviation Administration, andlor the Federal Motor Carrier Safety
Administration maydilnecu as a means of enforcing such provisions including sanctions for
noncompliance. In the event a Contractor becomes involved in,, or is threatened with.
litigation, with eoub-comitractoror supplier as a result cf such direction, the Contractor may
request the Florida Department nfTransportation to enter into such litigation to protect the
Untevests of the Florida Department of Transportation, and, in addition, the Contractor may
request the United States to enter into such litigation to protect the interests of the United
States.
<7j CammpUianoevvith Non dlisorilmivatino Statutes and Authorities: Title VI of the Civil Rights
Act of1BQ4 <42U.S.C. 020DDdegaeq.. 78 stall. 25�2k (prohibits discrimination,on the basis of
maoe, color, national origin); end48 CFR Part 211; The Uniform Relocation Assistance and
Real Property Acquisition Policies Act of197O^ (42U.S.C. Q40U1). (prohibits unfair treatment L_
of persons displaced or whose property has been,acquired because ofFederal or Fedena|`aild ~~
programs and projects); Federal-Aid Highway Act of 1973^ (23 U.S.C. Q 324 sg seq.}`
(prohibits discrimination on the basis of sex); Section, 504 of the Rehabilitation, Act of 1973^
<29 U.S.C. 5 794 et aeqj, as amended. (prohibits discrimination on the basis of disability);
and49 CFR Part27; The Age Discrimination Act of1975. as amended, (42 B.S.C. §61011 et
seq.). (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of
1982. (49USC@471. Section,471128}, aaamended, (prohibits discrimination based unrace, �
creed, oo|or, national mhQiln. or sex); The Civil Rights Restoration Act of 1887, (PL 1100'205).
(Broadened the scope, coverage and applicability of Title Y| of the CiviU Rights Act of 1964,
The Age Discrimination Act of 1975 and Section 5O4mfthe Rehabilitation Act of 11973', by
expanding the definition of the terms ^pm0manms or ect|v|0ee^to Unc|ude all of the programs or �
�
activities of the Fedena|'aild nedpients, sub-reopienits and contnacmors, whether such
programs or activities are Federally funded or not); Titles || and U| of the Americans with
Disabilities Act, which prohibit discrimination on the basis of disability in the operation of
public entities, public and private transportation systems places of public a000nmmodadon^
and certain testing entities (42U.S.C. 50 12131 — 12189)ay implemented by Department uf ~~
Transportation, regulations at 48 C.F.B. pans 37 and 38; The Federal Aviation 00
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Adnministnation'aNlon'disoimimetionatatute (4SU.8.C. 04712D) (pmhibNadiachminmbonom +~
the basis nfrace, color, metinma| origin, and sex); Executive Order 12898, Federal Actions to ~�
Address EnvimnmnentaU Justice in Minority Populations and Lmw'|noonme Populations, which ~�
ensures num-diauhmination against minority populations by discouraging orogmanms^ policies,
and activities with disproportionately high and adverse human health or environmental offewe mm
X
on minority and |ow'inioome populations; Executive Order 1316O^ Improving Access to mm
Services for Personim with Limited English Profiuienoy, and resulting agency guidance, '
national origin diiecrilmination includes discrimination because of limited English proficiency
(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that
LEP persons have meaningful access toyour pmgnamoe (70 Fed. Reg. at 74087 to 74100);
Title |X of the Education Amendments of 1972. as amended, which prohibits you from
discriminating because of sex ineducation programs nr activities (2DU.S.C. 11681 et sec).
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ATTACHMENT C
Certification for Disclosure of Lobbying Activities on Federal Aid Contracts
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
for Federal Aid Contracts
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PROCUREMENT
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CERTIFICATION FOR DISCLOSURE OF LOBBYING TIV7 TIE
ON FEDERAL-AID CONTRACTS
(Compliance with 49CFR, Section 20°10 (b))
The prospective participant certifies, by sugruiung this certification, that to the best of his or
her knowledge and belief:
i 1�, No federal appropriated funds have been paid or will be paid, by or on behalf of the
CL
ucndeirslguned, to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer of emplloyee of
°
Congress, or an employee of a Mernnber of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any federal barn,
the eonterlrug into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
(2) if any funds rather than federal approprnated funds have been paid or will be paid to �
any person for influencing or attempting to influence an officer or employee of any �
federal agency, a Member of Congress, an officer or employee of Congress, or aon
employee of a Member of Congress in connection with this federal contract„ grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard to
Form-L.LL„ "Dsclosure of Lobbying Activities", in accordance with its instructions.
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(Standard Form-LLL can be obtained from the Rorida Department of Ti rainspoirtation's
Professional Services Administrator or Procurement Office,)
This certification is a rvnaterial representation of fact upon whlch reliance was placed c�
when this transaction was made or entered into Sevubmissm of this certification is a X
prerequisite for making or entering into this transaction imposed by Section 1352, Title
1, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,003 and not more than $100,000 for each such °
faillaure,
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The prospective participant also agrees by sa.uborrnuttinng his or her (proposal that he or she
shall require that the language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such saubre6pients shall certify and
disclose accordingly.
Name of Coinsultaint�
ray E
Byr Date U � Authorized Signature
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SLATE JFF7OMDACU:M:MAP167 JFMATJGP0R1'Vk,A4 375-M,0-1
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCURENEN
INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(ConnpViance wrth 2 CFR Parts 180 and 1200)
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instructions for Certftatror
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instiructioris for(�ertificatiorr- ower Ter Participants.
(Apphcabie to aill subcontracts,purchase orders and other tower her trarisactons requiring pinor F:'HWA approvai or estinnatec.1 to M
cost$25,000 Or More-2 CFR Parts 180 and 1200)
a.By siginring and subi-nifting this proposal,the prospective lao er tier is providing the certification set out bellow
U)
b. The ceiifification in Urrs clause is a rnaterial representation of fact upon which reliance was placed when flhi�:,"tansac.:fioni vas 4)
entered lrito. if it is hater deterrruned that the prospective lower tier parbapant knommigiy ireindered ain erroineous certificatiori,m
acl to other rernedies availlablIe to the FedeiW Government,the department or agericy with whict-n this transaction origmated
rnay pursue avaliablie remedies,iriclluding susperisior�and/or debarment
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c.The prospective lower tier parficqiant s1haill provide irnimediate wrftterrn notice to the person to w1hich this proposap is submitted it at any time the prospective lower tier participant learris that its cerfificatorl Nas erroneous by reason of changed circuirnstarices :3
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d,The terms"covered transaction,""debarred,""suspended,""ineligible","participant,"""peirson,""Icrincipall,"and"volluntanly 00
excluded,"as used iru this clause,are defined in 2 CFR Parts 180 and '1200,You may contact the person to which this proposal 7
is submitted for,assistarice til obtairiiing a copy of those regulations,"First"Tier Covered Firarisactions'refer's to any covered
transaction bet,roeen a graritee or subgraritee of Federal funds and a participarit(such as the pirwrie or gerieirM contract)."t avver
Tier Covered"rransactions"refers to any covered transachon urider as First Tier Covered Frairsaction(such as sull::montracts)
"First Ter Participant"refers to this particq:iarit who has entered irito as covered transaction with a grantee or subgraritee of
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Federal funds(such as the prime or general contractor), 'Lower Tier F:Iairflcipant"refers arry participant,wd'io has entered into a X
covered trainsactiorr with as First Tier Participant or,other 1 avver,Tier Partioparits isuch as subcontractors and supphers), W
I
e The prospective lower her,participant agrees by subrnitting this proposal that,shok,fld the p,,)roposed covered transaction be 0)
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entered iii-ito, iit shah not Iknowwingly enter!into any lower tiler,covered transaction,wrth a;,"uerscin who is dell susperided C
dedlared meligiblle,or vopuntairily e,aciuded from participaton rn thus covered transaction, sunless authorized by the department or
age ricy,it4th v(hi�ch 0,iis transaction oirigiriated. E
f.The prospective lower,tier parhollpaint further agrees by sub:rt-irtong this proposat that it willi indude ffiis cpause titted W
"Certificabon Regarding Debarment,Suspension, lrielligiibihty and Vollurtary,Excft.gsion-t ower Tier Covered "i"raiisactiori,",wiitlio�.at 0�
modification, 'urn alp iower der covered trareachoris arid in a1I solicitations for lower tier co)mred trainsactioris exceeding the
$25,000 threshioid,
g A rmrticiparit in a covered transaction may rely upon a certflication of a prospective particilparit in a io,/er tier covered
transaction that is not debarred,suspervJed,irieliglibie,or VOlUritanly exc1luded from the covered trarisaction,unless it kino,,vs that
the certification is eironeous,A participant is respons6le for
ensuring that rts pirviclpaps are riot suspeinded,debarred,or
otherwise ineligible to participate in covered transactions,To verify the ekgibOrty of its piiincirmls,as Nelll as the etigiblIlity of an,:1
lower tier prospective participants,each parUcipant rnay, but fs riot required to,check the Excpuded Parties List System%Pelbspte
Ih)ttpS-I;/a,,,,v,n,rv.epls,gov/),which is cornpilled by the Gerieral Seroces Admirimtrabon
hi Notliring contained in the foregoing shall be construed to require establishment of a systein of records m order to render in
good faith the certification Irequired by this c1lause The kno,,Medge and information of paiiUcipant is inot required to exceed that
,w,hoh:s normally possessed Iby a priderit person In the ordiriany course of business dealings
Except for transactions authonzed Under paragraph e of these mistructionis, if a participaint in a covered transactioirn knap,,irigiV
enters into a ioweir tier covered transaction &,fth a person viiia is suspended, debarred,inehgiNe,or vciurrtarnlly excluded from
participation jru this transaction,in addition to other rerriedies avadablle to the J:::'ederal Goverrinrent,the department or agency
,vilth wh ilch this trarisaction ongirialed may pursue av&lable remedies,including susperision andfor debari-ner-it
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1 Packet Pg. 1165
5 A I LUI K0190A CAPAMMOV'N'MWqPOR AIKA M5 1030 50
PR
CONFLICT OF INTERESTICONFIDENTIALITY CERTIFICATION OCt RENUM
FOR CONSULTANTICONTRACTOWTECHNICAL ADVISORS
i ceirtify that B have no present coinflict of interest,that j have no Iknncrrrlledge of any confitct of interest that my firm rnay have,and that
MR ireoruse Tnyseff firoirn any capacity of decision making,appiroval,disapproval,or recommendation on any contract if l have a confiletof
interest or a potentlal conflict of interest,
ConsultantsZontractors are expected to safeguard their ability to make objective,fair, and impartai deosions Nhen perforrNi vvoi for
Vire DepartrTient and therefore may riot accept benefits of any sort under circumstances iin winch it could be inferred by a reasonable
observer that the beinefit was intended to influence a oendo-ng or future decismn of theiirs,or to i a Past declslon.Consultants
peifoirnirng%vork for the Department shoWd avoid any conduct whether in the context of business,financial,or soc4 reeatronsNps)
Nhich might w Oenrnirw the puld1lic trust,whether or not that rcsonduct is unethmal or lernds itself to the appearance of ettricai improphety
i vAll makitalin the confidentiality of all informabon not rnade pubfic by die Floirida Department of Transpoirtafion("Departrinent")related to
the procurenrient of the above-referenced 4"Prcject')that C gam access to as a result of my lrivoWernent vAh the Project(Trocurement CL
lnforrnafion" l urideirstand that Procuirernent 4nfornnatiorn includes, but is not hi milted to,docurnents prepared by or Delpartri r_
related to procurement of the ProJea t.l also understand that Procurement Information includes,but us not Illrmlted to,docurnents .0
sulbruffed to the Department by entities seelkling an award of the Project("FAroposers"?, j understand that Procurement Information may
indlude docurnents sut)mitted by Proposers related to Betters of repporisefletters of ri technical proposals,price proposals,
finanemi proposals,and information shared during exempt meefings,l also understand that Procurerneint litformation nnay also include
Grodocuments that evaluate or ireview docurnents siubmlfted by Proposers,and information regai Project cost esbrnates j also agiree M
ot to discuss ff�e F'roject Mth anyone Yiho is a rnernber of of acting on behalf of a Proposer.
Uniiess so ordered by a court of competerit pinsdiction(ir an opinion of the Office of the Florida Attorney General,t will not dlvuitge any U)
Procureirner-A liriforrriation except to individuaiis�,vho have executed a Conflict of kiterest/Confidenfiality Certificatior-i wt-rch has been
approved by the I epartment�Tio�ect PersonneC') I uridevstaind that a Irst of Project Personnel mil be maintained by Departrinsint. lf
am contacted by ary member of Uie publim or flie riiedlamth a request for P w- curernent lriforriiatlon,l will proniptly forward such
request to the Departi-nent's Procurement Office l will also mairitain security and control over all documents containing Procurement
Information which are lir rny custody,
0
:6
j agree not to scificlit or accept gratuities, urruarrarited privileges or exemptions,favors,or anything of value from any firm under
consideration for ruin agreement associated with the Project,and l recognize that doing so may be contrary to statutes ordmances,and
irulles governiing or alippficabte to the Depairtment or may othermse be a vioiiation of the law,
00
I agree not to engage ln lbrd taaq:iering,pursuant to Section 838 22 Fllodda Statutes.
i realize that vlolafiorr of the above mentioned standards could result in dw terrnination of my work for die Department Ifurtherreallize
that violatioin of tune above rnentoined statUte vvouuld be PuNshable in accordance with Secton 838,22,Florida Statutes
W
Advertisement No,/ Descrlption Mrianclial Project Nurnber(s) X
Soficrtabori No W
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Each undersigned tndmduai agrees to the tepirs of this Conflict of lnteiestlConficienfiality Ceriftabon
ia s Pru,ted Narnes silgi Date
c., ".tJ
:.111�......... 27�
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Packet Pg. 1166