Item C18Countyof Monroe
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BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
The Florida Keys(
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Mayor Pro Tern Michelle Coldiron, District 2
Craig Cates, District 1
David Rice, District 4
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Sylvia J. Murphy, District 5
County Commission Meeting
February 19, 2020
Agenda Item Number: C.18
Agenda Item Summary #6546
BULK ITEM: Yes DEPARTMENT: Engineering / Roads
TIME APPROXIMATE: STAFF CONTACT: Tyler Jackson (305) 393-5450
N/A
AGENDA ITEM WORDING: Approval of an Interlocal Agreement (ILA) with the City of Key
West to provide funds for engineering design, permitting, and construction inspection services in the
amount of $49,917.51 to include the county sections of Duval and Whitehead Streets in the City's
Old Town Road Improvements Project Phase I.
ITEM BACKGROUND: The City of Key West is conducting roadway and right of way
improvements to Whitehead St., between and including the intersections of Eaton and Front Streets,
Front St. between and including the intersection of Whitehead, to 400 feet east of Simonton St., and
Duval St. from Eaton to Wall street. The right of way improvements will include pavement design,
pavement marking, signing, pedestrian facilities, and drainage improvements.
Through this ILA, the City will include Monroe County maintained sections of roadway to include
Whitehead Street from Eaton to Fleming St. and Duval St. from Eaton St. to and including the
intersection of Truman Avenue in the project. Upon completion of engineering design the County
will pay its proportionate share of construction costs.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
New ILA agreement
STAFF RECOMMENDATION: Staff recommends approval as requested
DOCUMENTATION:
STAMPED EXECUTED ILA Monroe County -signed (2 11 20)
FINANCIAL IMPACT:
Effective Date: 2/19/20
Expiration Date: 30 days after completion of work
Total Dollar Value of Contract: $243,312
Total Cost to County: $49,917.51
Current Year Portion: $49,917.51
Budgeted: Yes
Source of Funds: 304 — 27000 - 560630 — CR2001-560630
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
If yes, amount:
REVIEWED BY:
Judith Clarke
Completed
01/31/2020 1:21 PM
Christine Limbert
Completed
02/03/2020 4:18 PM
Budget and Finance
Completed
02/04/2020 11:02 AM
Maria Slavik
Completed
02/04/2020 11:40 AM
Kathy Peters
Completed
02/04/2020 2:03 PM
Board of County Commissioners
Pending
02/19/2020 9:00 AM
INTERLOCAL AGREEMENT
FOR ENGINEERING DESIGN, PERMITTING AND CONSTRUCTION SERVICES
FOR OLD TOWN ROAD IMPROVEMENTS PHASE 1
THIS INTERLOCAL AGREEMENT is made and entered into as of this day of February
2020, between the City of Key West, a municipal corporation organized and existing under the
laws of the State of Florida, (hereinafter the CITY), and Monroe County, a political subdivision
of the State of Florida, (hereinafter the COUNTY).
WHEREAS, portions of Duval and Whitehead Streets are COUNTY maintained roads within the
municipal limits of the CITY, and
WHEREAS, in accordance with Florida Statutes, the COUNTY is responsible for the
maintenance of the roadway from curb face to curb face and associated drainage of the road and J
the CITY is responsible for the maintenance of physical improvements within the right of way =-
including but not limited to sidewalks, traffic control devices and utilities operated by the CITY,
and
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WHEREAS, the CITY is currently seeking a contract for the engineering design and permitting
phase of the Old Town Roadway Improvements: Phase 1 (Project) with C112M Hill, Inc.
(Consultant) and survey by Avirom and Associates, Inc, (Surveyor) and the COUNTY has
requested Roadway improvements to be added to the CITY's Consultant task order as outlined in N
"Attachment A" and Surveyor contract "Attachment B"; and
WHEREAS, the COUNTY will be responsible for reimbursing the CITY for the costs of the
additional Consultant design as defined in AREA 2 of the Consultant's task order in "Attachment
A", additional survey costs as defined in Area 2 of the Surveyor's task order in "Attachment B",
and the portion of the construction costs associated with the COUNTY scope of work to be
determined during the CITY's construction bid phase of the project;
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, the parties agree as follows:
The Work will be performed in accordance with COUNTY and Florida Department of
Transportation (FOOT) standards.
2. The COUNTY will reimburse the CITY for the COUNTY' S portion of the scope of work
as defined by AREA 2 of the Consultant's Task Order in Attachment A and Attachment
B. The CITY will submit a request for reimbursement to the COUNTY and will include
Old Town Roadway Improvements - Interlocal Agreement — February 2020
copies of all Consultant pay applications, evidence of payment to the Consultant by the
CITY.
a COUNTY's portion of the Area 2 Scope of Work reimbursable to CITY
i $26,368.01 for Design and Engineering Services
ii $12,100.00 for Geotechnical sampling
iii $11,449.50 for half of Survey services
b Total of reimbursable expenses COUNTY agrees to pay CITY $49,917.51 for Area 2
design and survey.
3. In the construction phase of the project, the COUNTY will reimburse the CITY for 100%
of the cost associated with the COUNTY scope of work as detailed in the contractors'
schedule of values and unit costs that are directly applicable to that work. The COUNTY
will also pay a percentage share of the mobilization and maintenance of traffic costs that
is proportional to the COUNTY's direct pay items of the total cost of construction, which
will be itemized in the schedule of values. The COUNTY will also pay change orders
related to the COUNTY'S scope of work requested and approved by the COUNTY and
CITY.
4. The CITY will make requests for reimbursements to the COUNTY based upon the
Consultant's invoices and construction contractor's pay applications. The CITY will
include copies of all contractor pay applications, evidence of payment to the construction
contractor and all subcontractors (if applicable) by the CITY and written confirmation
from the CITY's Inspector that the work represented by the CITY's reimbursement
request has been completed in accordance with the construction plans. The CITY will
provide monthly billings from the contractor to the COUNTY for comment and approval.
COUNTY will have 7 calendar days to provide written comment or approval. Upon
payment to the contractor by the CITY, the CITY will invoice COUNTY for
reimbursement of the COUNTY'S" portion of the work. It is understood and agreed to by
COUNTY and CITY that reimbursement for the completed work outlined above will be
payable to the CITY within thirty (30) calendar days of receipt by the COUNTY of final
invoicing by the CITY. Reimbursement to the CITY will be made with reference to the
specific project "Old Town Roadway Improvements: Phase I" and project account
number being reimbursed.
5. The contracts for construction will be between the CITY and its Consultant (CH2M Hill)
and Contractor (to be determined); the COUNTY may monitor the work but is not a party
to the contract.
6. This Interlocal Agreement in no way relieves the CITY from its obligation to maintain
any of the items for which it is responsible, nor does this alter the COUNTY's liability
and responsibility regarding maintenance of the roadway from curb face to curb face and
Old Town Roadway Improvements - Interlocal Agreement — February 2020
associated drainage of the road. This Agreement shall not alter the CITY or COUNTY' S
maintenance responsibilities as proscribed by law.
7. This Interlocal Agreement shall become effective immediately upon execution. It is
anticipated that the Project completion will be reached in 2021.
In the event of any failure of compliance by either party hereto with any of its material
obligations to the other party as provided herein, such action shall constitute a default
under this Agreement.
9. Upon any such default, the non -defaulting party shall provide to the defaulting parry a
written Notice of such default, which Notice (a "Default Notice") shall state in reasonable
detail the actions the defaulting party must take to cure the same. The defaulting party
shall cure any such default within 30 days following the date of the Default Notice.
10. Notwithstanding the provisions of this Section, if any such default by the defaulting party d
remains uncured at the conclusion of any specified 30 day cure period, and if the nature c
of the defaulting party's obligations are such that more than 30 days is required to effect
the cure, then the defaulting party shall not be in default hereunder and the non -defaulting
party shall not have the right to exercise its termination rights granted herein as a result of T
any such default, if the defaulting party commences the cure within the applicable cure
period and thereafter diligently pursues the cure to completion of performance.
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11. In the event the defaulting party fails to affect any required cure as provided for herein,
the defaulting party shall be deemed to be in uncured default hereunder, and the non -
defaulting party shall have the right, but shall not be obligated, upon written Notice to the
defaulting party, to terminate this Agreement.
12. If such Notice is given, this Agreement shall terminate on the date set forth in the Notice
and the parties shall be relieved of all rights and obligations hereunder, except for any
rights and obligations that expressly survive termination.
13. To the extent permitted by law and subject to the provisions and monetary limitations of
Section 768.28, Florida Statutes, the COUNTY and CITY do hereby agree to defend,
indemnify and hold the other, its officers, agents or employees, harmless from and against
any and all liability, damages, costs or expenses (including reasonable attorney's fees,
costs, and expenses at both the trial and appellate levels) arising from the acts of omissions
of the respective party or any third party vendor contracted by the respective party in
connection with this Agreement.
Requirements of the CITY: The CITY will provide the contract with consultant, construction
drawings, front end documents, construction contract and technical specifications, and provide
Old Town Roadway Improvements - Interlocal Agreement — February 2020
bid documents for the project, CITY will prepare, advertise, and execute contract documents I
construction. CITY will host design review and construction Kickoff and construction progre
meetings between contractor and stakeholders.
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CITY and
the COUNTY in this Agreement and the acquisition of any commercial liability insurance
�"l I Malmo
M"Fu�M91 111211-FAKrama- I
All notices, requests, demands, elections, consents, approvals and other communications
hereunder must be in writina and a
V4111
"ADEAM
If to COLJNTY: Roman Gastesi, Jr,
County Administrator
I 100 Simonton Street
Key West, Florida 33040
Assistant County Attorney
P.O. Box 1026
Key West, Florida 33041-1026
If to CITY: Gregory W. Veliz
City Manager
City of Key West
P.O. Box 1409
Key West, Florida 3301
With a copy to: Shawn Smith, Esq.
City Attorney
City of Key West
P.O. Box 1409
MMEMEMI=
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on or before a date certain, shall be deemed to have been duly given if sent by certified mail,
Old Town Roadway Improvements - Interlocal Agreement - February 2020
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return receipt requested, postage and fees prepaid; hand delivered; or sent by overnight delivery
service.
15. Attorney's Fees and Waiver of Jury Trial.
In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled
to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law
clerks and legal assistants, and including fees and expenses charged for representation at both trial
and appellate levels.
In the event of any litigation arising out of this Agreement, each party hereby knowingly,
irrevocably, voluntarily and intentionally waives its right to trial by jury.
16. Adjudication of disputes or Disagreements
COUNTY and CITY agree that all disputes and disagreements shall be attempted to be resolved J
by meet and confer sessions between representatives of each of the parties. If the issue or issues
are still not resolved to the satisfaction of the parties, thcn any party shall have the right to seek
such relief or remedy as may be provided by this Agreement or by Florida law.
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17. Cooperation
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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 CITY N
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 CITY specifically agree that no party to a'
this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement. _
18. Governing Law.
This Agreement shall be construed in accordance with and governed by the laws of the State of
Florida. Exclusive venue for any litigation arising out of this Agreement shall be in Monroe
County, Florida, lower Keys Division of the Circuit Court or the Southern District of Florida. This
Agreement is not subject to arbitration.
19. Entire Agreement/Modification/Amendment.
This writing contains the entire Agreement of the parties and supersedes any prior oral or written
representations. No representations were made or relied upon by either party, other than those that
are expressly set forth herein.
Old Town Roadway Improvements - Interlocal Agreement — February 2020
No agent, employee, or other representative of either party is empowered to modify or amend the
terms of this Agreement, unless executed with the same formality as this document.
20. No Assignability.
This Agreement shall not be assignable by either parry unless such assignment is first approved
by both parties.
21. Severability.
If any term or provision of this Agreement shall to any extent be held invalid or unenforceable,
the remainder of the Agreement shall not be affected thereby, and each remaining term and
provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by
law.
22. Independent Contractor.
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The COUNTY and its employees, volunteers, agents, vendors and subcontractors shall be and o
remain independent contractors and not agents or employees of the CITY with respect to all of >
the acts and services performed by and under the terms of this Agreement. This Agreement shall
not in any way be construed to create a partnership, association or any other kind of joint
undertaking, enterprise or venture between the parties. ``'
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23. Waiver.
The failure of either party to this Agreement to object to or to take affirmative action with respect
to any conduct of the other which is in violation of the terms of this Agreement shall not be
construed as a waiver of the violation or breach, or of any future violation, breach or wrongful
conduct.
24. Funding.
The parties agree that the COUNTY's responsibility under this Agreement is to primarily to
provide funding relating to the COUNTY's scope of work.
25. Survival of Provisions.
Any terms or conditions of this Agreement that require acts beyond the date of the term of the
Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless
and until the terms or conditions are completed and shall be fully enforceable by either party.
Old Town Roadway Improvements - Interlocal Agreement — February 2020
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26. Counterparts.
This Agreement may be executed in several counterparts, each of which shall be deemed an
original and such counterparts shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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(SEAL)
Mayor/Chairperson
MONROE COUNTY ATTORNEY
4PPR AS TO FOR 4:
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CHRISTiNE LIMBERT-®ARROWS
ASSISTANTCL/1TYATTORNEY
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DATE 1/20
Deputy Clerk
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ORIDA
CITY OF 5r—WEST 1.ell
Old Town Roadway Improvements - Interlocal Agreement — February 2020
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ATTACHMENT
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TASK ORDER 1-20 ENGINEERING
ENGINEERING SERVICES FOR DESIGN OF PAVEMENT AND RIGHT OF WAY
IMPROVEMENTS TO WHITEHEAD, DUVAL AND FRONT STREETS
This TASK ORDER 1-20 ENG is issued under the terms and conditions of the AGREEMENT TO
FUILNIS11 GENERAL ENGINEERING SERVICES TO THE CITY OF KEY WEST
("AGREENU,NT-19 between the City of Key West ("CITY") and CH2M HILL, Engineers, Inc.
("CONSUILTANT") rlated November 3, 2017 which is incorporated herein by this reference.
A. SCOPE OF SERVICES
Specific services which the CONSULTANT agrees to furn.ish are surruna-tized on the
attached statement entitled TASK ORDE .R 1-20 ENG "SCOPE OF SERVICES," The
"Scope of Services" defines the work effort anticipated for the Task Order.
This Task Order, when executed, shall be incorporated in and shall become, an integral part of
the November 3, 2017, Master Agreement.
B. TIMIE OF COMPLETION
Work under this Task Order will begin immediately following acceptance and completed
expeditiously subject to coordination with the City of Key West staff,
C. COMPENSATION
Compensation for the. labor portions of TASK ORDER. 1-20 ENG, Tasks A will be on as lum.p
sum fee basis as stipulated in Article 2, Paragraph 2.1 of the AGREEMENT. Compensation
Isar scab consultaants and all expenses will be on a Cost Reimbursable- Per Diem basis as
stipulated in Article 2, Paragraph 2.2 of the AGREEMENT. The estimated compensation is
shown on the attached statement entitles[TASK ORDER. 1-20 ENG COMPENSATION.
DACCEPTANCE
By signature, the parties each accept the provisions of this TASK ORDER 1-20 P.-.NG and
authorize the CONSULTANT to proceed at the direction of the TT 'Fs representative in
accordance with the "SCOPE OF SERVICES." Start date for this pr9ject will be nurliner
than two (2) days after execution of flus authorization.
For C142M HILL,INC.
an
Sirpa H. Hall, P.E.
Sean McCoy, P.E.
Kel West Project Manager
NEONNIM
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1210"4 490123111A
This TASK ORDER 1-20 ENG is issued under the terms and conditions of the AGREMMENT TO
FURNISH GENERAL ENGINEERING SERVICES TO THE CITY OF KEY WEST
("AGREEMENT") between the City of Key West ("CITY") and CH2M HILL, Engineers, Inc.
("CONSULTANT") dated November 3, 2017 which is incorporated herein by this reference.
A, SCOPE, OF SERVICES
This Task Order, when executed, shall be incorporated in and shall become an integral part of
the November 3, 2017, Master Agreement.
B. TIME OF COMPLETION
Work under this Task Order will begin immediately following acceptance and completed
expeditiously subject to coordination with the City of Key West staff.
C. COMPENSATION
By signature, the parties each accept the provisions of this TASK ORDER 1-20 ENO and
authorize the CONSULTANT to proceed at the direction of the CITY's representative in
accordance with the "SCOPE OF SERVICES." Start date for this project will be no later
than two (2) days after execution of this authorization,
For CH2M PILL, INC.
12/16/19 By:
"Sirpi H. Hall. P.E.
Senior Business Vice President
Sean McCoy, P.E.
Key West Project Manager
TO-1-20�-ENG-WHITEHEADDUVALFRONTJMPROVEMENTS-FINAL
For CITY OF KEY WEST
By:
Greg Veliz
City Manager
Dated the day of . . ...... —__ . .............. . _2019
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TASK ORDER 1-20 ENGINEERING
ENGINEERING SERVICES FOR DESIGN OF PAVEMENT AND RIGHT OF WAY
IMPROVEMENTS TO WHITEHEAD, DUVAL & FRONT STREETS
SCOPE OF SERVICES
Prqject Description
Using the Pavement Assessi-rent document completed August 2019. the City of Key West (CITY, is
taking a systematic approach to roadway and right of way improvements. The City has taskedracobs
(CONSth.-TANT) with developing design documents for constructing improvements to City Owned
segments of Whitehead Street, between and ]including the intersections of Eaton and Front Streets;
Front Street, between and including the intersection of Whitehead to 400 ft east of Simonton St; and
Duval Street, between and including tine intersections of Eaton and all Streets, These City Owned
Segments will be referred to as Area I and are shown in the attached Exhibit I,
The City will be coordinating with Monroe County to improve County owned segments of Whitehead
frorn Eaton St. to and includinv the intersection of Fleming St., as well as Duval St, from Eaton St. to
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and including the intersection of Truman Ave. These County owned segnients will be referred to as
Area 2 and are shown in the attached Exhibit I
Areas 1 and 2 are delineated earlyto show design cost estimates, rhe project will be designed and bid
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as a single package.
Road and Right of Way Improvements for segments of roadway in both areas will include.
• Pavernent Design — full mill & pave, itemizing & correcting any trench failures
• pavement Marking — will match firnits of inill & pave and replace exisd.n- crosswalks
• Signing — recormnend if existing panels should be replaced, and identify proposed signs, if
any
0 Pedestrian Facilities:
o Curb Ramps -- upgrade existing crosswalks to AAA compliance within existing Rigbt
of Way
o Sidewalks and Driveways -
Drainage improvements — the ary ties identified ponding along Front Street. between Duval
and Simonton. The CONSUI.XANT will analyze existing Line and Grade, and adjust design
Line and Grade, where available, to minimize ponding.
Additionally, the Florida Keys Aqueduct Authority (FKA.A)Bras agreed to coordinate and construct
their planned replacement ol'thc water, system pipelines within the proposed project road sections, as
pail of this project, Design of the waterline replacement will be produced by FKAA, and their design
docurneents will be appended as a separate component set into a single bid package for bidding and
construction.
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The CITY has requested that the. CONS ULT-A-714T provide engineering services for the design of
roadway improvements to lengths of Whitehead Street, Front Street, and Duval Street (see Exhibits I
and ).This Task Order describes the CONSULTANT's Scope of Services.
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10+120 ENCi—VVHITEflEADDUV�LFRONT�-IMPROVEMENTS—FINAL
Specific activities to be performed by the CONSULTANT under this Task Order include:
Roadway pavernent gores, Lime rock Bearing Ratio ( BR) testing, and laboratory analysis to
d:etertr i:ne resilient modulus, existing pavement layers and pavement condition.
Preparation ofon (l. j Bid heady Document eat package. Note: Separation of the construction
plans into multiple packages will be considered an additional service.
Specific activities to be provided by the CrFY include:
Full width Right of Way Survey, to develop existing topography, and map existing utilities
Coordination of consultants' product delivery schedule (FKAA and Jacobs (formerly
C'112 ))
Stakeholder coordination not related to roadway design or design related activities,
Specific; design activities to be provided by the Florida Keys Aqueduct Authority (' ), include. -
Production of bid ready doc°urnen, s for the; replacement of water cyst rn conveyance piping,
valves, and other appurtenances as required. Docu ems shall include design dr«awingfs, and
technical specifications that are Bid Ready.
Milestone submittals, and attendance at milestone review meetings as described below.
No environmental permits are anticipated for this project. if the scope of drainage
improvements requires more extensive impacts then permit applications and applicable fees
for all waterline related work will be provided by the t 17rY
Specific activities to be provided by the County include:
Revi
ews of design milestone docaame is occurrin cor curre tly with City review periods (10
days)
0 Attendance at milestorre review meetings
Scope of Services
The following tasks describe the activities to be performed and the work products to be prepared by
the CONSULTANT,
`'ask
This task details the activities related to the Roadway Improvements design. DuTing this task., the
CONS ULTAN'77 will provide the following:
Project licl&of"f' Meeting
o :Attended in person by C I S 'l.A'AN`l's Project AND Design Managers, Assumed
two (2) days. As part of this task, ONS LT T's Project and Design managers
will walk the alignments with City Staff„ including City . rborist.
a Subcon.sultantg
o Pavement cages and LBR testing is proposed to be obtained and analyzed. by Nutting
n ineer,s Inc. '1"he proposal. attached as Exhibit 2 includes work for'26 pavement
ores, d l.,l l . tests, laboratory analysis, Maintenance of Traffic; (MG]"), and
development of a findings report.
T0_1_20-ENt7._W II tars ADDUV,,LrRcaNrr_I PROVFMENr,�_rsaaat.
Documentation of Design Criteria & Standards:
* Florida Cireenbook ( )OManual of Uniform MiDiMU111 Standards for Design,
Construction and Maintenance for Streets and Highways), Americans With
Disabilities Act (ADA) Standards for Accessible Design, Manual on Unifonn Traffic
Control Devices (i I A's Ml,7'TCl )
* City of Key West, Transportation / Roadway Standard. Details
o 25 mpliDesign Speed is desired; minimum 20 mph Design Speed based on 2017
Speed Study,
Traffic Data for Pavement Design will be extrapolated from 2017 Speed Study,
OT Standard Plans for -Road and Bridge Construction 01 /2ti.
project fir is of Milling& Resurfacing (M & i );
c iinrits to irrclu le existing striped pedestrian crossings on side streets (approx.
15 ft, from each mainline edge of travel)
o No improvements to brick pavement adjacent to or within the project fin -fits,
additionally CITY preference is to rninnnize disruptions to existing brick
paverxnent Design-,
o The following pavernent designs are anticipated:
Whitehead Street— —1.-2 inchmilling c . resurfacing
Includes 70 feet of asphalt near intersection of Whitehead/Front
arrne design for both City and. County maintained limits
• Front Street -- -1..2r inch milling resurfacing
• Front Street - Full reconstruction due to apparent failing base. between Duval
and Simonton, lints TBD.Duval Street sout-in (County -maintained) _ - 1
inch milling & resurfacing
Includes 90 feet of asphalt on adjacent Wall Street
• Duval Street north (City -maintained) - —1_2 inch milling ne;surflac;irn
* Includes 90 feet of asphalt on adjacent Wall. Street
Includes 90 of concrete paverrnent mar brick parking, area
• Pavement Details:
* anticipate that during nn� llirn operation the contractor will disturb
brick base and simple rehabilitation alte at:ives should be provided
detail for Trench Restoration, based on Survey & G otech
investigation
Signing & Pavement Marking:
o Identify existing sigris to be replaced based on loss of reflectivity avid/or cornnpliance
with U CE)
c Consideration to revise Caroline hitehead from existing one-way steep to three-way
stop with new post -mounted signs
o Crosswalks —
To._1_20,_ENDS_Ii ITEHEADDUb'ALF ONT_IIFAFfNt VEME.NTS FINAL 4
Any special crosswalk details will be provided by the CITY and/or
COUNTY Y (example: Duvall etrr rria contains existing rainbow pr,dnt in
crosswalk)
Existing crosswalks that cannot be upgraded to AD -A criteria dare to
constraints such as existing drainage inlets, will be identified at the 0%
submittal,
o Other new post -mounted sigma; as needed
Sidewalk and Garb lamps-
f_ntersecting projects propose curl) rar rp upgrades which may nett be reflected in
survey and improvements by others will need Eo be reflected in plans
* Coordinate meeting with Planning, kJrban. Forester, and Historic Architectural
Review Commission (11A C) to identify concerns and requirements, as well its trec
moots that may creed tri _ -ting to prevent sidewalk vertical displacement, Assumed to
occur games day as design Kick-off tweeting.
* Preference is to bold back of sidewalk elevations
Special Details will be provided for wort -standard curb ramps (where applicable)
Curb, sidewalk and rainp tic -ire elevations for standard curb ramps will be
presented in table format
Non=cornptiant curb ramps and driveways that cannot be corrected within
existing will be identified at the € 0% submittal
Coordinate driveway access with Conch Tour "l`'rain on Front Street.
Special details rrray be required near Fron.tl irrronton for grading existing driveways
to ADA compliance
a Temporary T"rafific Control:
o _Provide plan motes to contractor and basic phasing typicrals with.. references to DOT°
Standard plans
o FKAA will provide Traffic Control details for pipeline; work:
Utility Coordination:
o identify potential conflicts with utilities through survey and as -built information, and
provide information to Contractor
Agencies anticipated! Cl°f ' sewer/solid. wast:elstorrr water, Florida Keys Aqueduct
Authority (FKA ), Keys Energy Services
Landscaping:
* Preserve existing landscaping locations provided they do not interfere with current
A requirements and standard Line of Sight requirements, ore --compliant
landscaping will be identified at the % submittal.
Coordinate. meeting with Planning, Urban Forester, and lift'C1 representative(s) to
identify design requirements as well as tree roots that may need cutting to prevent
sidewalk popping
-rO®1m20-ENG-WHI-FE.H rrDuvr,trRONT.°iMPRtVEMENrse_ri .L
• No signalization upgrades or adjustments to timing;
• No lighting analyses or upgrades;
® No changes to on -street parking;
® No drainage modeling;
• No 3D deliverables.
Deliverables
The deliverables for the Roadway Improvements Design will include:
• Topography and features developed from the Survey provided by CITY and relevant to design
will be included in the design drawing package.
• Kickoff meeting Agenda and Minutes (Submitted Digitally, pdf)
Site Visit observations, and any direction received from City Staff will be compiled into a Site
Visit TM Draft. Following City Staff reviewfor correctness, this TM will be issued as Final, and
will become part of the design criteria,
60/90 percent design documents, submitted digitally for City Staff review (see Assumptions
below for anticipated drawing list)
o Design Documentation — includes Project Design Criteria, Pavement Design
Recommendations, Auto INN exhibits at signalized intersections using WB-40
Design Vehicle
Review meetings at each milestone will be held with City Staff and the CONSULTANT's Proje
Manager, with design staff attending by phone as needed. I
o Budget has been included to allow CONSULTANTS' Design Manager to attend Kick-off,
(16 hours + Travel expenses) See COMPENSATION.
o Additional Budget for a one -day Site visit by CONSULTANTS' Design Manager has been
included (16 hours + Travel expenses). This visit shall occur at the direction of the CITY,
III I: 111 11 ill !1111111
TO-1-20�-ENG.-WHITEHEADDUVALFRONTJMPROVEMENTS_FINAL 6
o Pavement Core(s) laboratory analysis report shall be included in the Technical Specifications
as an Appendix
Assumptions
The scope and fee for this Task Order are based on the following assumptions:
Whitehead Front and Duval Streets, including both City and County owned segments will be
Designed, Bid and Constructed under one construction contract. The Bid forin will be
Y
coordinated with FKAA and Monroe County to delineate stakeholder responsibility.
4-
0
Appropriate notes will be added to drawings.
• Design of both County and City road segments will be based on the codes and standards
listed under Documentation of Design'Criteria & Standards as bulleted under Task A -
Design.
• The following drawings are assumed to be included in the bid package, and are the basis for
the labor compensation estimate:
o 77 Total
assumes separate sheets for Signing & Pavement Marking
An
0 1 Key Sheet
0 1 Signature Sheet
a 2 Summary of Pay Items
04
6 1 Drainage Map show basin boundaries
o 4'rypical Section includes paving details
a 1 Project Layout
0 2 Project Control from Survey
0 15 Roadway Plan
2M
1 Special Profile on Front street
2 Back -of -Sidewalk Profile - only where curb is needed at ROW line
17 Intersection Layout/Detail - assumes all curb ramps need detail
0
2 Roadway Soil Survey from Geotech
I. Storrawater Pollution Prevention Plan
0
e 2 Temporary Traffic Control Plans
0
0 2 Utility Adjustments
0 15 Signing and Pavement Marking Plans
0 4 SPM - key sheet., FOR, Quantities, special details
® 4 Summary of Quantities
The kickoff meeting is assumed to take place in Key West with two (2) CONSULTANT's
staff attending. Other staff may attend via conference call. Subsequent review meetings will
be attended in person by one (1) CONSULTANT's Staff, with others attending via
conference call as required.
The design will be based on the federal, state, and local codes and standards in effect at the
start of the project. Any changes in these codes may necessitate a change in scope.
TQ-9-20LENG-WHITEHE4DDUVALFRONTJMPROVEMENTS-FINAL
The CONSULTANT's master specifications will be used as the basis for all technical
sections in Divisions I through 49, The CONSULTANT's master specifications
incorporating CITY requirements will be used for General Conditions, Supplemental
Conditions, and other front-end documents. *(Except as noted below.)
*Technical Specifications for the complete construction of waterline replacement
including piping and mechanical appurtenances, bedding and pipe zone, material and
compaction requirements shall be provided by FKAA.
0 Design drawings and Bid Specifications provided by FKAA are assumed to be complete al
Bid ready. No labor has been budgeted for review of design by others.
Legal, easement, or plat surveys are not included in the scope of work. If additional property
is required it shall be the responsibility of the City to obtain.
Federal, State, County, and City Permitting efforts (if needed) are not included in this Task
Order.
V
To assist meeting schedule and budget estimates contained in this proposal, the CITY will provide the
following:
* Retain Professional Land Surveyor to provide Topographic and Surface Feature survey,
Provide Data in RAW format to CONSULTANT
* Prompt review and comment on all deliverables (within 10 working days of receipt).
® Access to any required facilities,
* Provide recent contractor bids to be used for unit costs
* Attendance of key persoDnel at meeting as requested.
* Preparation of permit applications, and Payment of all fees (if required).
* Stakeholder coordination: assist with scheduling, review periods, and other design related
coordination efforts.
0 "I'll
111,0101--N-WN---w--
0.0 10
Sol 7 ICCN t.;dll VC prt'rij U ccu, 11 u0sue Dy
CITY, as an amendment to the Task Order. Work will begin for the Additional Services after receip
of a written notice to proceed from the CITY. Additional services may include the following.- I
• Permitting assistance
• Drainage Modeling and analysis
• Design of subsurface drainage improvements
• Bid Phase Services
• Construction Phase Services
® Other related work as requested.
.2
A
N
Compensation
The estimated compensation for TASK ORDER 1-20 ENG, has been separated into two Areas. Area
1 being City owned streets, and Area 2 being County owned Streets (shown in exhibits I and 2
respectively). Total project costs are shown below, Detailed compensation tables for the labor portion
for each area are included in Attachment A, entitled TASK ORDER 1-20 ENG, COMPENSATION.
Area 1 City Controlled Street $123,100
Segments Design C
Area 2 County Controlled $89,962
Street Segments Design Costs
Geotechnical Costs (Areas 1 $30,250
and 2)
TO 1-20 Total 12
. ....... . . . .
t I T
The estimated time of completion for TASK ORDER 1-20 ENG is shown in the following table.
.. . . . ...... —1--,
Task Proposed Dates
. . . ....................
Notice to Proceed November 14', 2019
Conduct kickoff meeting Week of November 251, 2019
. . . ............. - - ------ -
Mobilize otechnical November 2 1 1� 2019
Subconsultants
- — -- - --------------- 71
60% Design January 201, 2020
90% Design February 24', 2020
FKAA bid documents March 16", 2020
Bid Documents March 20d, 2020
. .. . . ............ . .
TOJ-20—ENG--WHITEHEADDUVALFRONT—IMPROVEMENTS—FINAL
N
ca
rA.l - peaks
Kickoff Meeting
0
4 4 $3,559,04
. . ... ..... . . . .... . ...... .................. -----
Project Site Visit - with Arbodst 8 I 8 $2,877,76
Data Colledion/Organizattion
Design Criteria & Standards 12 2 8 $2,99624Ul
_Ad]a,en, Uy Projects in Desn
These maintains (3)
T 2 sidestmets (2)
ypical Sections
_me
4-
Pavement Design Report 0
Details for crown restoration
Details to minimize brick impacts
32 12 4 $7,18956
Details for Trench hadure Rehabilitation
+1 Update (D
Roadw y Design Analysis & Documentation -
Designamcisions (earall correspondence), Intersection analysis (Une of Sight, 321 8 16 $7,813.76
Autolorn), sidewalk ADA compliance, Driveways Xsects
Profile Analysis at Trans St flooding 12 8 —j
Signing & Pavement Marking Analysis
— ------S 20 8 $4,402.40
. . . ......... .
Engineer's Estimate & Specifications T-
+ 2 updates 1100) + Finals 20 M.M16 4 12 8 $8,819
60% Plan Production:
Sidevailk Unpinmencerat Details - -8 Intersections @ 4 crossings 32 locatkam
SlAnIng A Pavement Madising Issambe - Includes caterStole condition at 3 64 8 80 24 4 $23,257
Carinfirtokiihitehead
— — -------- . .............
slid -Project Site Visit 04
Monthly Supervision 20 ...16 $6,527
50% Client Review Meeting 4 4 $1,439
04
90% Plan Prodad
)D% Client Review Meeting
Sconflization with FKAR
Plane I Why Information Specification Crass-Coverignation
Final Plans firld Drecumentil
leer Review - Internal QC WFN
H.U. Seddest.
- — - — ---------------
Cost Sdfth
Third Party Data Wlecdon
lop and manage scopes for sub performance
onsultant fees
2 1
40
4
1 660
12
16 4
$16,446
........ ..
4
--
4
— —e7
-1-
$1,439
1
4
8
$3,183
3D
6
a 4
$11,661
10
22
16
6
$7,656
20
20 73
332
34
244
50
36 G 16
815
$2,108
. . ...........
$3,859 $1086
$55,364
--- T- J
$4,131 $22,95�
------
$6 670
$3, $1,220 $113,441
12
8
$4,259
-1—
... . ...... $o
0
0 12
9
0
0
0
0 8
28
$0
$o $2,316
$1,334
$0
$0
$0
$o $610 %$4,251
10
20 85
340
34
244
so
24
$2,100
$1MD2
MW
$At4,131
$U"
$6,670
%W 00 $1,81) J OD
TOT la
$n?,7wm
Expense Towel
KNO-Ols
Even" Repro/Ship
SMA
T03-18contractTotal
$U3,100sia
Task Order 1.20 AREA 2 Segments Whitallead and grand Senate Roadway, Improvements
Sp. I aLricall Subt.9tall.,
Thl a Engineers Engineer 4 L-a.d �aS Tech 3 T!WdA.6 �p
Iviclan 6
rocessor office Total
— 0
Rate $210.82 $192-96 $192.96 $166.76 $121.50 $94.89 $133.40 $84.56 $76.23 W
M - Design
Project Site Visit
--11111-1- ................
Data Collection/ Organization
Adjacent COUNTY Projects in Design
'typical Sectors
Two mainlines (2)
Pavement Design Report
Details for resurfacing
+1 Update
Roadway Design Analysis If Documentation -
Design decisions (email correspondence), Intersection anaWs (Line of Sight
AutoTum), sidewalk ADA compliance, Driveways Xsects
Profile Analysis - NIA
Signing & Pavement Marking Analysis
Engineer's Estimate & Specifications
+ 2 updates (100) + Finals
60% Plan Production:
Sidewalk Improvement Details - '9 Intersections @ 4 owshilis = 36 locations
Signing & Pavement Marking Details - includes special crosswalk detail
coordination
Mid -Project Site Visit
r Monthly Supervision
SO% Respond to County Review Comments
90% Plan Production
M Respond to County Review Comments
Final Plans (Bid Documents)
leer Review - Internal QC
Hours Subtat
Carst Subtot
TWO Party Data CdMon
lop and manage scopes for sub performance
. ..... ........
0
4
$1,439
-0
. . .......... .
.
4
0
4
$1,043
1
3
$49
>.
2
20
8
4
$4,812
0
O
20
8
16
$5,813
0
16
8
20
16
4
12
2
$8,312
............. .
. . ........... . . .
....... . ...
. ........
.2
UP)
3
64
8
so
20
4
$22,724
O
04
10
8
$3,264
04
2
8
. . .. . . .......
$1,720
2
40
4
60
10
2
4
$14,996
M
2
8
........... . . --
-----
--
$1,720
2
40
30
4
2
4
$10,887
r-
10 8
8
4
J
$5,362
0
10 20 35
257
24
217
42
1 10
-j�
12 i
627
0
$2,108 $3,859 $6,754
$42,857
$2,916
$20,418
$5,603
J 1
$915
$86,275 1
L-
r-
— ----- --- -
'MEE
TO 1-20 COUNTY Total $89,962
'rGL1-2UNG—WHITEHEADDUVALFRONIJMPROVEMENTS—FINAL 93
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Exhibit 2 - AREA 2: County owned Road Segments
Duval (Eaton St. -Truman Ave)
.( Whitehead Eaton St. - Fleming St)
01-1
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RESOLUTION NO. 17-207
WHEREAS, the City issued a Request for Qualifications for
engineering f irms capable. of providing general engineering
WHEREAS, fourteen firms responded, and at a public meeting on
June 16, 2017, a committee comprised of City staff members reviewed
the responses, and determined eight full -service firms to be
particularly qualified, and one firm to be local, timely and cost-
effective for structural engineering services, and recommended
that the City engage each one on a Task Order basis;
Section 1: That the responses for general and utility
engineering consulting services are hereby ranked by staff, and
(1) Stantec
(2) CH2M Hill
'4) AMEC Foster Wheeler
(5) EAC Consulting
International
(7) Black & Veatch Cor
(8)
Pertz�E
�'ee- . pS&
Development
(9)
Artibus
Resi g
(for structuralengineer'
ng only
Section 2: That the City Manager is hereby authorized to
negotiate and execute contracts with each of the companies in order
of ranking, upon advice and consent of the City Attorney, for a
to not to exceed three (3) years, with an option for one -two-
year extension.
Section 3: Specific task orders issued pursuant to the
contracts shall comply with the City's procurement guidelines.
um���
Section .4: That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by
the signature of the Presiding Officer and the Clerk of the
Passed and adopted by the City Commission at a meeting held
this - 15 day o f August f 2017.
Authenticated by the Presiding Officer and Clerk of the
commission on 16 yof 2017.
it with the Clerk on August 16 1 2017.
Mayor Craig Cates
Yes'
Vice Mayor Clayton Lopez
."..Absent
Commissioner
Sam Kaufman
Yes
Commissioner
Richard Payne
Yes
Commissioner
Margaret Romero
Yes
Commissioner
Billy Wardlow
Yes
Commissioner
Jimmy Weekley
Absent
CRAIG CA RKYOR
ATTEST:
CHERYL SMITH(JCITY CLERK
ENGINEERS,CH2M HILL
O
as
GENERAL ENGINEERING SERVICES
KEY WEST9 FLORIDA
This is an Agreement between- CITY OF KEY WEST, its successors and assigns,
hereinafter referred to as "CITY," and CH2M IULL ENGINEERS, INC. , a
corporation organized under the laws of the State of its successors and
assigns, hereinafter referred to as "CONSULTANT.
consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, CITY and CONSULTANT agree qs follows:
ARILCL—El
For the purposes of this Agreement and the various covenants, conditions, terms and
provisions which follow, the definitions and identifications set forth below are assumed to be
0
true and correct and are agreed upon by the parties.
T
a)
I. L Agreement: This document, Articles I through 7, inclusive. Other terms and conditions
are included in the CITY's RFQ 17-002 General Engineering Services, N
CONSULTANT's Response to RFQ dated April 19, 2017 exhibits, Task Orders,
and supplemental documents that are by this provision expressly incorporated herein by
reference.
1.2. Commissioners: Members of the City Commission with all legislative powers of the
CITY vested therein.
1.3. CONSULTANT- The engineerig firm selected to perform the services pursuant
to this Agreement.
1.4. Contract Administrator: The ranking managerial employee of the CITY or some other
employee expressly designated as. Contract Administrator by the City Manager, who is
the representative of the CITY. In the administration of this Agreement as contrasted with
matters of policy, all parties may rely upon instructions or determinations made by the
Contract Administrator; provided, however, that such instructions and determinations do
not change the Scope of Services.
1.5. Contractor: '1he person, firm, corporation or other entity that enters into an agreement
with CITY to perform the construction work for the Task Order.
1.6. CITY: City of Key West.
1.7. Task Order: A detailed description of a particular service or services to be perforrn
by CONSULTANT under this Agreement. I
C.18.a
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3A5. The CONSULTANT shall begin services under any Task Order when authorized by a
Purchase Order issued by the CITY and delivered to CONSULTANT.
3.9. Estimates - Since CONSU1;FANT has no control over local conditions, the cost of labor,,
materials, equipment or services fiwdshed by others, or over competitive bidding or market
conditions, CONSULTANTT does not guazantee the accuracy of any opinions of probable
construction cost as compared to const-action contractor's bids or the actua, I cost to the
CITY.
W
off "Mw�"
Eft I M 4 xwl� 414 US, 2 31 WA 2 Q W.
4.1. CONSULTANT shall perform the services described in each Task Order within the time
periods specified. Each such time period shall commence firorn the date of the purchase
order issued for such services,
4.2. CONSLTI-J'AINT'ratim receive witten aj,,.aproval from the, Contract Adrninistrator prior to
Ibegimi-ing tIx, T..)erforniance of serrices Iri aliv subsequvrit Task Order, Prior to grantitag
I I
approval bar CONS UINANT to proceedto a sulsseqttent "I'aask Ord , the
Achninistrator rnay, at his or her sole Cquion, require CONSUTLTANT to subm"I't any
lnr Contract Y'viministrator's Tcvicov
4-1 In fl),e event CONSULTANT is unable to complete, the above senfices becal,-�Se of delaysi
reselfing frona wntimely review by C-ff'Y or other govenunewal authorilies having
jvffissiction over the Task Order, and sudh delays are not the fbuft at C'(3NSULTAM", or
because of delitys vdluch were caused by fdors outsid, the f,.W CIGNSULTANT,
CFI'Y s1hall grant a reasonable extenshm of fime for completion of the services , d shall
provide rewsonable corripensalion, if appropriate. 11 shall be the responu;ibifity of
CONSUI,TAINT '10 notirTY within 10 days in writing whenever a delay in aysproval
by a govecru nental aggency, includin CITY. is anticipated o.- experienced, anel to fiffbrrr.
flie Contract,,k(,Inilrii�tr,-,,tor ofiall factsi, and detAdIs related to the delay.
4.4. In the, event the (."anatractor fhils to substzintially cornplew f h-e Task ()Tder on or before the
.substantiall cinni-pletion. dare speeffled in its ajgreement ViTh CHY or if Contractor s grarfted
. T
an extension' of tees beyond said substantial completion (fine, and CONTSULI"ANT's >
a)
w.al,ices are extended beyond the substantial corrkpletk"m dat"e, throug,11i no fiWal"t of W
CGNSULTA-NT, be compensated in arcordance wilh Ailic.le 5 fr',,,r GI
N
all services re-ndered by C' 'ONSULMAUNT'r beyond the substantial completion date,
4.5. h"i the civerit Contractor 'Jails to substantially complete the, Task Order on, or beRnre t1re
substanriti,al corinpletion daae specifiled in its agreement vviAh CH"Y', and the Whim to
submi,tiftfidlly complete, is caused in whole or in part 'by a. negjigent cat, `a a" or mnission
of(','(`)'NjSI)j "ANT, then CONS shall pay to CEPits PrOpOrtional shwre' of any
(,,aimorda.iiigestoCon,i'ract,ororC,,,ITY,,.�r,-�singc,�litc.)ftll--del�-i�/. t fiats provision shall
riot &f1i.,,cat the fights and oblignaitiins of either party as set furth in, Paragraph 7.8,
INDE31KNIEF T(,',,A'TKYNT OF Cf rY.
AMICU".11
The types of compensation methods, which shall be used to pay for the CONSULTANT's
services, are limited to the following:
5.1.1. Lump suni payment/Not-to-Exceed, which includes compensation for all the
CONSULTANT'S salaries, general overhead costs, direct expenses, and profit,
1
5,1,LL Iff the TASK ORDIER timing deviates firom titre nec schedule.try causes
kyond CONSULTAN"I"s contrt.)I, COIgy-SIIULTANT' andJor tire, CITY
.;rves the dglrn to request renegotiation of those po-Ttions of the lurnp surn.
afitt<cted byttie time clunige., During cloinstruction contract administration, if
tasked, it is tagref%d by both paitios that vvhether corismiction is completed
eriflifer or later, that a oroportional, peut of the connpen sari on vd,11 be adjueted
and einhei, given to CONS ULTAN' for additional work ol- deleted tro.n:i fire
mannowed CONSIATik T for less time required.
5,1 12 In the event of a change of se(:)pe, Cil"Y shall wtahorizze �n w.riting an
wp, ropriate deforcase or increase in c,,rnaperieation,
5.1.-.3, Monthly invoicing will be based on an estin,ate of the peyvept of work
conipleted at The e.nd of the preceding movith,
5. 1 9 1A, Tyre CONS M-TANT sha.)], suhrait wage rates and other actioil rrrr it costs
st[pf The CONJL SITAT� au, shl alsubmit a Truth. in
?orting Uhe compensation.
Nego iahion Certificate stating that data supporting the icempensation is
acciarate, complete, and correwit err fine time of contracting.
5,E2.
5,1.21, Per them rates aix,, thosc hourly or daily rates charged for or perf6rrmed of
the TASK ORDER by CONSUTITANT's euiployeas of"the indicated
classifications and irichide all salaries, overheAids, and profit. but do not
iriclude allowai3ces for Diorec,,t Excpenses, 13"nese raties are subject to annuft�
adjustments baused on -the Consumer Price Index Urban (,.,,S,, ("ItY Average,
All hems US. Departr.nent of Labor Buxeau of' Lab*r Statis'ai es,
5 1 .21 , 2. Holudy rates for 1he l5rSt, year of the corin-dict (CONSULTAN'r VD
k
Sub -con SUS . Ica atuiched E',xhi bi t A
5, 1 .2231, CONSU1,7FANT and Sr; b-consultm-fts allossod aniateil wage adjus/lment shall
not exceed the Data Resource Instit ae (DRI) Borecast of wage wid price
escalation (gae US. Burea:u of Labor Statistics [BLS]Employrnent Cost
Index [EC I for Pr�'Vr,�t- uy)
i Ae Indtis_
5,1_14, A budgou,,zy anafount will be established, fics" each to Order, This
budgetary, arnount shall not, be excewded ixrdess pHor �,vritten appaso,,al is
Crlt,-Yr. akr e easonable efl'orts to
provided by the CON St., ITANT' shall ni
complete the 'work with —in the budget and oJ11 keep CITY infbrrned of
prog-res tovrard that er.T,,(,,l so that the budgeit. nor voor-k- elffort Can be adjI.Isted if
fiburid necessary,
5 E2, 5 MNYSTJL'rA_WI' is not obligated 'to incur cost,,., be, yond the indicated.
bndgpts., as n-Lay be adjusied, nor -a UFFY obligated to pay CON&ULTANT
beYODd these lin-iiI&
51.16, VVber airy' budget has been, increased, CCI_TN_SULTANTIs excess costs
expen,ded prior to such increase will be, allowable to the szurw, extend -as if
st,ich costs had been Mneurred afterthe appi:oved increase,
5,2, SRt.E1MBU'jv.R,!sABLE EXPENSES
501,1- Dirc:ct noix-salary expenses, ciatitlled dfte,,fly
I �,', -a Mi ed
bt��uable tvy tlu-,,1'ask (hcler shall bc "':".hiatrged "."a �'.wtuta,lj cost, -aavo III, be 1i t,
to the
521,2, Idtiatif"iable ltnax-,tsport' 0 cxpe"ilises tri conn.ectio,'-i vviflh the Fask Order,,
a -b� t set to '
u ,e of Sex,'Aion 1, 12,0(51, FIV There lrx�
no rrifleage reimbur, Rw UMWA VAN,, "-t,lh�s„
expenises to "I"Ou"Itiore; cwtside, afrta, (,ity � rea or the Cirty, vv,'11
xwt be rdwhumed -uindess speoifice'dily pre in vqifirg by the Co�,,,-It,,-iest
5 2,13, per diem., �,e Is arul kodgifigsua,)--i fl'HTS, 'Llr'iO,'n� t,,-��,,,-.,,, rent,�'d!, and
e penvs ii-ix-r C',ONS"U,,"' "A0,"I"I'14; sujll-}'c'ct
'un, s,",effl
,0 t1le 114no,abions 04" Secticr), I 12.,061 Fleir,`,da Nftwls tfii,;r cl,iss C travell
inside Til kie Cit� ,v cff Key West MU not be rombmsetL Wong WE be rMbumv.1
cm y W rown rates equivaleriA. to 11,:)fida,�,r 1',run,, Hanapton kin, cm Bestt "VA,,stern
located vvitlhd,-r`& fla,2 (-,i-,,y of Ke,, Wtost city linnills,
,5,r,,.,, 1,4, 316,mtfflablo
telqhvone, covier and cxprcss ryniail utilized to realr the sexviues
by fli-is Agreernent.,
5.2, ,1.. 5,
Cost of printi.�,,',i& (w
that is reqt�tuinzxi'
by F.""'Wr of
photopaphy
CONSTU,1L',F`,A,N',T,' tr,', defiver sc-,' fic,,rt.11-t -.,'n this Agrccrrv,�,,,nl,
i,""niacc'sts
b e on, the 'Fas'l-c' Order,
5 � 2 � !,,,6,
'dervitiflable test�nng COSIS ""iqJprovc-,,,,tl by Conk'-n, , am.-t Admind"s-vator,
'I.Jni osts, Tnu,.181,
be specitied Task Or(Jer,
5,2_111-7, All penrdt Fees paid to f`or ic)
"'he , s"k, Order. 7'hese� perrydt fees do not
fl,'--io�;c rcquircd fon-fl,""e
It is ack,'nowledgec"i and agn',,,ed tc,, by (',"ONS1 U-41A,N'17 that
the dMar liStahou Arli,
5,2.2,
set
in Paragapir 5,1ter 'Ohrough 2. 1, ",,' is ?, Hmitanion
and (,Jlescrilh s't,1ric, ,.rnuu-tn
,',S
exten'!, 0� CTJ Y'S Wlgadon to CON'Sw.Y.TA'NfT
diwect,,.
reimbume
expwas,-,,, if, crry or Corousxr to invur
un drutaariourtt IF`
Reimbursable Experu,,zes,
C- Adminiczarau-n, itr�
vvrid,'r�g befzPrc, suc,11
,xpertses� Any siacti experises shadl be revievved and
approved 1,,,:�,y (11Y prior
incti..'.rix',sg ,swcir, exymmses,
5,23, A.11 'I'lou"dy rates, slmfl bc billed in thie acttiall an'x','),uaT,,! paid by
Tjres& M)x�ma'nts- 's'hv'01" ru")t fiscad' yuirio thp, C,',['Yby
anre ffitin the Consumc," Pfic�o Iindex t3rImn US, City Average .411 Reins US,
De.�,'p,urtm,c,rrt of Imhor Ehucau of JLibpor
'xp,enses I ir, i'ted totl.�wt, iie,'rrf"x%"; ir"I Pax'q,,r,,qphs 5 2,1 .1111 u[j.rouigi,�, 5 1, 1 , '7
p�',vv'ides f(�:e,
5J, METHOD OFBILLING
5,11, Lurnp Suri Comperisation
CONS U UT ANT shall submit billings that an,-,�, idenfiffied by fhe specilc Task Order
nuimbe,r if 8poHCEIble On e M0911,111y ba,,so,, in a hate1v n'.miner. 11hese billings shafl
'�e esurnated lsermni, ol" work
idenfifv flne nature of the work pedfi.-Prmed and t
accom,pfished, 11"he statlenient shall ;how at surnnnary of -fees, whim accrunl of the total
and credi-ts for portiorks paid previously, When requested, CON'S'Ll ."I'ANT 'Shall
provicie backup tor past and current invoices lhat record hour,, personnel, r,.,aud
expense xcaAms on a 14sk barais. su that Loual hours and cost's by task, rnay be deterrrtined
5.3,2, Cost (!'iyne and Expeinses) Cornpensation
CONSULTANT shall subinii, bil"infP that are idcr atificd by the 1'ask()rder
ri,urnlser on a rnonthily basis in a tirricly n"wriner fi(isr 3! perg)nnel h1`-:)1r1U-s and reirribiarsable
expenses attribultable to the Task Order. These billings shall rdenuf%l thr; nature of
the work pe-rfbrrned,, thle toapl hours of work perfomned and the ervirflolkee category and
n,une of the indivie,.JLMIS J)erforming sarn-te, Bihinp sfiafl itcmurt,-, and surrunarize
relffIrnirsaHe expetrises by ,citegory and iderifify, sauic.,as is the personnell incurring the
expense and the nature, of the work with whica such expense v,,as associaned. Where
pricir written approval by Contract Administrator is required For reirnbursable
expenses, a copy of the approva] shall accornpany the billing for such reirnbursable.
"I'lix statement shall show a sun-rnary of sale, costs and rf-Jr-nibursalsle cxperrses with.
=secrual of the umal and credits for porfions paid External reirnbursable
expenses and sub -consultant fee nlust be documented by copiesof invcm..-es grreceipts
that describe the nature ofthe expenses and contan a. Task nurnber or Other
identifier that, clearly indknates the expense, is idcntifiable be, t:he 1'ask Order.
Subsequent additic)n of the identifier to §..he irivoic& or receipt b,, the CONSULTANT
is not acceptable except "or rneeds a ;,), d travel exfxm, es. Appropriate
CONSULI'ANT's cost aocourmng fbr-rr,,,s with a sut'nir-,an of chaqigycs rnust doct...un.cra
internal expenses by categwy, When rvqduested,, CONS "Ald'J" ;ball provide backup
for past xnd euiri'ent invois'es ffiat r(-,�Casrds 'hot.ira auol rates by empleyee category,
reimbursable expenses by category, and SUbcoraractor fleet; orl a task- basis, so that total
houvz at -id costs by task inaly be detem6ne
i
53,.]"). If r(quested, CONSIJLANT shall provide copies of past paidinvoices to ziny
subc,ontractor or sub-consuluuit prior to re,.:,ciying paynnent-. CIT'reserve,-s the
right to pay any subcorAractor or sub-consuftant, if"CONSIULTANT has not ps),id
theni timely and the services of thie subcontractoror sub-consultarit are necessax-v to
C'umplete riie TASK 0RDU,,,'-R or anyTask Order,
5 'N-10D OF PAYMENT
-Y shall pa CONSULTAT wit ",4hin iby-ty-five (45) calendarchays fl,,-orn reue-ipt
5A, 1 � C "I y
ofCONSUI-XANT's pr(.-.)per invoice vvith dccunicniaflora,,,,., prs,-a idedabcwe,
5,4,2!. Its the event (4-'ONSI-1�1"I"ANT fois utifizLd a in on.jer peiforrn 1he
Tac,k Order, CON S(J11"ANT will be reqUired Jr() provide doctanentalion thst S. -fib
ars] Sub-con.suitants oBub-conSUltarsrs havebeen Vaid priorto payawnt
is in nriade U.) C()x1SULTAset ]-.
.4.3® Payment will be made to CONSULTANT at:
Address: """'i ...... . .
-LL
W"A"A Z
6.1. CITY shall assist CONSULTANT by placing at CONSULTANT's disposal all
information CITY has available pertinent to the Task Or ' der including previous reports and
any other data relative to design or construction of the Task Order.
®e CITY shall arrange for access to, and make all provisions for, CONSULTANT to enter
upon public and private property as required for CONSULTANT to perform its services.
® CITY shall review the CONSULTANT's itemized deliverables/documents identified in
the Task Orders and respond in writing with any comment within the time set forth in the
Task Order or vAthin a reasonable time.
f.4. CITY shall give prompt written notice to CONSULTANT whenever CITY observes or
otherwise becomes aware of any development that affects the scope or timing of
CONSULTANT's services or any defect in the work of any Contractor.
kff .:9CELLAN 0
'Ir KIM
re -use by others of any of the materials for another Task Order.
7.2. TERMINATION
7.2,1. rNsAire cracn! may be -terminated with dayFFY at -'arly time.
7.2.2. Notice of term Ination shall be Provided in accordance w-11-th parya grappb 7,112
NOTICES of this Agreen-
�-, _re:nj,
d, C0NS1--!LrAiT-,1T shall be paid fi):r --anry
i -23. In the evei it this Ageement is tcrminave
serviioee ped"ornniedto the date the Aenjent. i , te
Ms ,..rminated. Cof.npensatior� shau
witUeld ixiatil all, documents snecified in Sectioni 7A of t1us Agreementaxe -r.�rovidcd
tag the CITY. liponbei.ngri)t,.ifiedo'CITY'sc-lior),tag tt-i-r.o-i.i-,it---,C(-,';�\JSU-1'-I',,kl�,T
sliallredi"ainfrom per, nn,.is.ig.1ili,rtherservt(,,e,,-�c,)rTneuxnngadditi-o-palr=xp--DS'SI,M(,i�'2,r
the tenrris of tIds Agrt-,eniena. Under nes cerciamsuu.-Aces shall CITY make payrnen of
pro-th, for services tlaathaave not been pe,,,rfoera iedl.
'73. AUDIT RIGI-ITAPiD '11EXENTION OF RECORDS
13J �, CITY shall have the riggha, to audit the books, records, and accotunts of
thlit Etre t-elakd to- any Task Order, CONSULTANFF shall keep
such books, records, al accourits as n-ray be necfzsway in order to record complete
and conect enthes related to the Task Order,
731,2. CONSULTAN'T shall preserve and Tnakca.avpdlable, at reasonable tirnes fisr
cxamioafion� ,r audir by CITY, all furiancial records, svq)P()r'ffi,.,rg docurnents,
statisfical o ords, and, an.3, ryther. docwr.jents pertinent lo 1.1his Ag-reiaxtent. for the
d of the F,'Iorida Public Records Act (ChWpter 119r Fla, Stat,)'
lcuida-Pubjic Records Act, is no-tapplicah'ie, ft,')raminirni-irn.
period of Thiree, (3) yeLrs afttr teen nination of this Agreement, If any audit h,,,I','
been initiated and euxiii findings have, not been resolved at t.1--i end oft,t-. retention
period or Chree (3) years, witic.hever is longe'i, tile hooks, records, and, accounts
shall bereltllined un:dH resolutionof IftIieFlor;.daPubl,'-clZ�,,cords
Act is derterrn,,inc(i by CITY to be applicat5le to CONSI ill.,TANT's records,
C0N'S1.11'L'FA?%TT shall, conal)'y ',,vith all] requirements dhoreol", however,
CONS ULTANT shall violate no r,-,onfidenfiality or non -disclosure resjuirenaeot of
eildwr fodera or state lawny incornplete or incorrect entry in such books,
re,exords, and accourits shall be a basi,,,, fbr C-FIY's disallowance and recovery of
ariy paynxmt upon such erx',ry,,
Y4. NONDISCRB111NIATION, EQUAL EMPL0`VJV4[,?N1- OPPORTUNITY,
AMERICANS wrl-I DISABILITIES ACT, AND EQVTA1., BENM-.,'IITS FOR
DOMESTIC FARTNFRS
C(RNTSULTAN'T shall not unla-,orfi illy discrirninate agairust aziy Person irl its
orn-rations and activities in It's, u-se or expenditure of the finds or any portion of
the funds provided by fliis Agreenient wxi shall affirmativelly cowjpi,� it a
, I -1 y 11 t
applicable, j:rrovis-ions ofthe Axriericarns with DisabifitfiRls Act (,ADA) ir, the ctsurse
of providing any services furaitdilnr. ved'),ole far in pai,-t by 011"Y, including Titles I
and R. of the ADA (rc,� garding iiondiscrinnination on the hasis of disability), and a-11
rAPPJIJ, cable regulafior.).% guidelirics. arid. standards
7 1.42, CONSUI-AAKU's decisions regarding the deliver-,, of services under this
Agreement &I-Lall be made without regard t(,., or consideration of race, ap , rclig-
gion, color,
gerider, sexual orieiTaatiorj, aender identity or expressien,.Tiria-tional origin, rnarital status,
physical cor menud di&Ability, pelitica) affiliation, o-r any other factor tK. it can rint En
lawfully or aplsropriately used as a basis 1Z)r service deliveKy, (.'01NSLJJLTAN`.),' shall
cox-niply witlr Title I ofth Anaericsms vvith Disabilities Act re,,garding nondiscHn-dination
on the basis ofdiso,),bifi,v in er.nvIovT.rR,-,n,,t and, furt-1her shall rest discrinnin-ate agaityst &ny
cro,jelovee Or applicant i5or ernployinent because of race,, age, mli,,gion, color, gender,
sexual orientation. nalional ori" in, dry
iderotity or express -don, iv4.arita1 s-lprtus, politicall
,_11iliaflon, or p1hyr.sical or m-ental dis20bilityuca h ctions shall include, but not belim, ited
to, t"he followirtfgf: enTloyrnem, upgrading, deTrioflion, transfer, reeruilnnent cFr
si,
rec,,,i,.,uitrr,ent advertising, laycff, terminatiom. rates of pay, Other forms of compen atioi
terrns and cc)nditions o,., ernployrnent, trairtivig (inchjdinarl �,"Ind
accessibility,
7
1,43. ConsWtant shall cornt,.,,�Jy witli City Ordinance See. 2799 Requirements for City
Contractmors to Provide Equal Beneffltlln Domestic Partners
%& PUTBLIC EN'Yrry cRJMF,S ACT
7 F,5,1, CONSUITANT repre e�n!t..s that 11,w exec, ion or this AgTeen.neru shall, not violate the
Public ETrti'LV Crimes Act (Sectio-ri _287,133, F`Torid'i Siatutes), which esserai,afly
I
provides that a pe:rscsi or a tia! -i o is a contactor, consultant or otber provider
and w' I I
lin has been pham], o,��,i the,, convicted vevdr�s� list fohowi n ' cy a convicuxop fbr a Public
Ent.ity (._,,.,firj3e.rnay not: subirrit, a bid on a cantract to provide atly P_a,)(Dds or Services to
CrFY, ri'my raa)t sulbornit a bid an a contract with CRY fbrthe co.tistructicon,, or.repaix of
a pas bailding or pubfiic Nvork, mmy riot siahnnit bids on leaKes fkf real property to
c-irry, , may not 'be avvasdedd or perfomi work, at, a contractica, supplier, S°ubccontractor.
or consultant imdcr as conatract with 1ITY, and may not tramsact any busincs,,, wnlh. CUY
in excess of t1w threshold ammoarit provirled in Section 287,017, F"lorida Statuteis, for
catie,wXy two purchases lair` ,,i p,,riod of'36 natonths fircon the late of being placed on the,
convilued ve"indor fist. Violation of this sectio.,,i shall resi,),It in termination (if this
AarreGaren t and recovery of all monies paid he-reto, and may result, in being barredftorr.
vi des,
CftY's conij.:)etitive procuramerit acti t
P
7.52 In addft.10,ot to -the fibregoing, CONSUL',FANI fiartner re-pireserits that there has bee."fa
no deLernMinabor, based on aro that it or any sub. -consultant., has corramitted an act,
defiraa,d by Section 28TI33, Fhoiclot Statutes, as a "'public'entity criurre" and, Chal, it has
not been lbrr,,nialfly ch,,vged with committing an act. defined as a, "public entity crirne"'
regard less of tfic amount of money involved or whether CONSIUITANT ha.,s, been
placed on the cotavic ted veridor list,
O
N
7.5.3. CONSULTANT shall promptly notify CITY if it or any subcontractor or sub -consultant
is formally charged with an act defined as a "public entity crime." or has been placed on
the convicted vendor list.
7A. SUB -CONSULTANTS
CONSULTANT may use the sub -consultants identified in the proposal that was a
material part of the selection off L T` to provide the services under this Agreement,
The CITY reserves the right to accept the use of a sub -consultant or to reject the selection of a 4-
particular sub -consultant and to inspect all facilities of any sub -consultants in order to make 0
detennination as to the capability of the sub -consultant to perform properly under this Connect. The
CITY's acceptance of a sub -consultant shall not be unreasonably wifteld. CONSULTANT shall
obtain written approval of Contract Administrator prior to changing or adding to the list of
sub -consultants. The list of sub -consultants submitted and currently approved is as follows-
j
a.
.. . ... ...... .
el -
E
C.
.2
d. T
e.
Hourly rates for such said Sub -consultants are as on attached Exhibit A.
7.7. ASSIGNMENT AND PERFORMANCE
7.7.1. Neither this Agreement nor any interest herein all be assigned, transferred, or
encumbered by either party and CONSULTANT shall not subcontract any portion of
the work required by this Agreement except as authorized pursuant to Section
7.6.
7.7.2. CONSULTANT represents that all persons delivering the services required by this
Agreement have the knowledge and skills, either by training, experience, education,
or a combination thereof, to adequately and competently perforra the duties,
obligations, and services set forth in the Scope of Services and to provide and perform
such services to CITY's satisfaction for the agreed compensation.
7.7.3. CONSULTANT shall perfonn its duties, obligations, and services under this Agreement
in a skillffil and respectable manner. The quality of CONSULTANT's performance
and all interim and final product(g) provided to or on behalf of CITY shall be in
accordancewith the standard of care set forth in Paragraph 3.6.
73.4. CONSULTANT shall not change or replace overall project manager identified in the
CONSULTANT's response to the R.FQ without the Contract Administrator's prior
written approval,
7.8. INDEMNIFICATION OF CITY
7.9. INSURANCE
Auto Liability
$1,000,000
Combined Single Limit
General Liability
$2,000,000
Aggregate (Per Project)
$2,000,000
Products Aggregate
$1,000,000
Any One Occurrence
$1,000,000
Personal Injury
$ 300,000
Fire Daniage/Legal
Professional Liability
$2,000,000
Per Claim / Aggregate
Additional Umbrella Liability
$2,000,000
Occurrence / Aggregate
7.9.2. CCiNSULTANT shall furnish an original Certificate of hisurance indicating, and such
policy providing coverage to, City of Key West named as an additional insured on all
policies...— excepting Professional Liability —on a PRINMRY and NON
CONTRIBUTORY basis utilizing an ISO standard endorsement at least as broad -�5
7.9.3. Notwithstanding any oI her provision of the Contract, the CONSULTANT shall maintain
complete workers compensation coverage for each and every employee, principal, officer,
representative, or agent of the CONSULTANT who is performing any labor, services, or
material under the Contract. Further, CONSULTANT shall additionally maintain the
following minimum limits of coverage:
Bodily Injury Each Accident $1,000,000
13odi ly Injury by Disease Each Employee $1,000,000
Bodily Injury by Disease Policy Limit $1,000,000
7.9.5. CONSULTANT's insurance policies shall be endorsed to give 30 days written notice to the
City of Key West in the event of cancellation or material change, using form'CG 02 24 or
its eqLfivalent,
7.9.6. Certificates of Insurance submitted to the City of Key West mill not be accepted witho
copies of the endorsements being requested. This includes additional insur
endorsements, cancellation/material change notice endorsements, and waivers
subrogation. Copies of USL&H Act and Jones Act endorsements mill also be required if
necessary. PLEASE ADVISE YOUR rNSURAINCE AGENT ACCORDINGLY. I
7.9.7. CONSULTANT vAll comply with any and all safety regulations required by any agency
or regulatory body including but not limited to OSHA. CONSULTANT ll notify City
of Key West immediately by telephone at (305) 809-j964 any accident or injury to anyone
that occurs on the jobsite and is related to any of the work being performed by the
CONSULT -AN
7.9.8. It shall be the responsibility of the Consultant to ensure that all sub-
consultants/subcontractors comply with the same insurance requirements as is required of
Consultant.
T9.9. In addition, it is uriderstood if at =y firrieJkay of the pcilicies requir-O.J. by the City shidl
beco.-me unsatisfiact-ory to ffie City jis 10 farm or s,,',Tbstance. or if a. co,,anpa,,.riy isstlin, any such
policy shall beconit w..vsadsfactory to f1he City-5 the Consultant shall obtain, a new policy,
suIx,ri'A the s,,rnne to tale, Citt, ffir it�pproval and subrnit a certiflicate ofinsurxice as whiGh
may be roqfiaired by the corttract. It is understood that faihne of thc.,-, Consultant to
famish, deliver r and rrudivain, suchinsmaxnee as rfxwimd the contract at , e lei lc
of the City rneay be (JIe0ared susirended. discoraix ed or terrninated.. Furtiler, 1"hilure, of
(lie Consuluint to tal e out and/or inaintain aav rloqijired insurance� sh'all not refieve the
Consult te- from e y liability under the contract, nor s.1mll 'the insttrance reqidrernents be
ei-mst-n.ted, to conflict wit'll lie obfigations ofthe Consultant cry nceming
7,10. R EPRESENTATINT, OF CHFY AND CONS ULTANT
�.10.1, ".1'he parities t1roft questions in the day-IU':.�-day condtict ofthe '-fask Order will
ahsee he Contracl: Administrator, up�',)n M,-J,'1SULT,AC?qT's reqi,aest, shall advise
C()!.bJ hi'), writing of one, (1) or inirpre, C11 Y e.'.�n.ployees to owhom all
corrinaw-i,ications pert,,uning to tbc day to -day Qondi,ict of thk- ' k Order shall be
addhressed., ,
7.10.2, CONSUL'IANT shall infbrrri tlw Contract Adadnistnator iffl- wridr4 g of
CONST.-TTANT's re resena-ative toi whoyn rnaiter involving tha conduct of the " ask
Order shall be ad.dxsssed,
7.11. ALL P.1,11OR AGREMMLEWTS SUP! SEDED
MLL '1'his document i'Morriorates arid fa "lades all prior negotiations, corinspon&'ai.ee,
crasa ergs ations, apreen",.ents ortunde,'rstandings ztp-pficable ta the inatlers contabled here.inz
and thv p,'urtios agree that there are no calf' iu:n.ents, agreornents or understandings
concerni T,,.g the sub'jcct'n-.,,.atter nf this Ag-i-eement that, ,are not contaiticA in this doctnrumt
, a vnd the exhibits attached. Accordingly tN-,,� partie�s agree that no deviation the
g
le s hert-x),f shall be predicated upon, an,),- prior nepresentations or ak-'reetments, whet".1ler
Oral dory wrilte'r).
LlL2, It is fiiirtl',ar agreed that no amendment or alteratian in, the terms or
1ditioris conta ned herein si'Rall be ef1active vdess coatained in a vvritMi docu,rnent
exectiated with thesanie fi)rrnah'�Ny and of equal. dignity herevvith.
7�12. NOTINCE"S",
W.' enever eidun,., pitty desixes to gil'vt notice tmto the ot-her. such notice nnusl, be Irf,
writing, sent by eestir ��ied L',;nited Stws tr.iall, return raceipt requested, a- ressed to 11ie
pax-N fiar whorn it is intended at tl-),,4 place last specified; axid the ph-xe fi,ar girvilig of rxotice
she' re-ruarn, such un6 it shall hcave been changed by sphat ri notice in conapliance with
tha provisioris of this paragra, , For the present, the partie� desi,, -,ie f'bllo-,A4nasg
,nate d
fl-ie res 'jfive places r giving t-)f nofice:
O
T
N
FORCITY OF KEY WEST:
7J3. TRUTH-IN-NEGOTIAIION CERTIFICATE
7.15. CONSUIJANT'S STA14T
7.15. 1 . CONSULTANT shall provide the key staff identified in their proposal for T
Order as long as such key staffs are in CONSULTANT's employment. I
15.2. CONSULTANT shall obtain prior written approval of Contract Administrator to
change key staff. CONSULTANT shall provide Contract Administrator with such
iriforTriation as necessary to deterrnbne I- suitabdity of proposed new key staff,
Contract Admiii.1scrator ahall be reasonable in eNisluexfing key staf-Tau, if.-Icatforns,
15 . 3, If ntrEo.A Ad rnini stxau 1, 1-0 -)r desires to request removal of any of" CONISUL'A N171
k'.'orAmct Admin-st-mtor shall first meet witli CONSULIANT and n-rovide. reasonaNe
jus'Tlficatiorl' forsWd rerriovall,
71 j'A The (,,r'l.'Y reserve; the r-�glho to approve the rnembers of the (',-'.,onstflfing Temim aii-id d7te
rolesfl,-,;,ey will -undertake ir, 'i the s.issi gnuiej it. '11-ke I"Y' acce ,pta.nce of a teimn inember
shall not be unreassrriably wftf.Ield,
7.15,5, Each assignment i-s,sued under this A�,eement by the CITY U-, tf-x, the
Consultant wilt at fhe Cj'IlIILY 'a reqitest., disclose the n�.Ae, quallificatio.-ns and houriv rate
f each individiutal worlding, on'the assigrime,-,xit.
7,15R6. T'he ICLITY reserves the, rigAit to rex-"Fulre reprace-ment of any of the rnembers of the
he
Con'sulffing Team
initiated 'hy the Cons ultan't natist obtain the (,,31TY Repre-seniat.M:,,'s pfior , %vri t,
approval, .2
O
7,15., In fl.'e eveiA of the death. incapa"City or Ter�'Tlhlafion (,-)f ernplloymerA of any men.t1ber of
the Consultino� "Fears befi,--�re Complefior:t o N
f fdhe Services, C.onsulba.rit shall at its oo,�n
expense aid d as socan as reasonably practic{,iible arrange to s-abstitute or ivph, ce the
indMduaf men'llber conzerned,
7,15.8, Considl shEd! etisurs, ffia t tfle fpjfL�,,q-jtu'e or re[.)I.a('ment is no to qualifled in
ternis of rele),,ant experience axul aiarifificatior's 'dian the otitgoing indiviakial mad is
available at the reievi-,tnt Urne to act as suclh replacerraent or S-ubF;tJ"tvte.
Consl,Atamv shall %vitliom delay -Forward (,'mrriculum Ata,- of the proposed substitute or
F lacemrz',�mt, to dhe CITY The deplo-�meykt of such substitut or re -nn! " 2 eplaceie ' 911a b
Li*41 to, t-l-),e CITY's corment, su "A
7,15,9. 'Ffiz Consultant shall solely Im resj:.,,onsible Rm all direct, indirect and
wars sequ.ic-n-itiall "'osts or losses ti'mt inay zoiSe &OM dIC SWARUti,093, OT Mplace me'n1of
memb(,..rs ofthe Consultin-g- Te-Firo,
9�
7,16,, INDEPENDENTC10WRACTOR
CONSULTANT is an. independery ef-vitraclor wirleLiis Agreement — � t
'proviaea Dy
"ONSULTAN-17 sisall, be sulsj=t to the supervision of providing the
sc.rvIces, CONS ULIFAINTor its agents Affl shall not be dt-,,emed as acting
as offlee rs, (-mmplovem, or agents of The CITY, nor sfudl they accn.ue any of the rig,11its or
owl edge that it is riot theii, intem
to a T Cr.,ie any rig)as or obligadc'mis in arty tbird person or entity under finis Agrec-m-ent
'Neither CONSULTANT nor CITY intend. directly or substantially to benefit a third
party by this Agreement, Therefore, the parties agree that there are no third party
beneficiaries to this A cement and i 1 11 h I, .
W i i
7.18. CONFLICTS
7.18.1. Neither CONSULTANT nor its employees shall have or hold any continuing or
frequently recuming employment or contractual relationship that is substantially
antagonistic or incompatible with CONSULTANT's loyal and conscientiom, exercise
ofjudgment related to its performance under this Agreement,
TIM. In the event CONSULTANT is pennitted to use sub -consultants to perfonn any
services required by this Agreement CONSULTANT agrees to prohibit such sub -
consultants from having any conflicts as within the meaning of this section, and shall
so notify them in writing.
7.19. CONTINGENCY FEE
Failure by CITY to enforce any provision of this Agreement shall not be deemed a
waiver of such provision or modification of this Agreement, A waiver of any breach
of a provision of this Agreement shall not be deemed a waiver of any subsequent breach
d shill not be construed to be a modificnion of the terms oftl is Agreement.
7.20.2. crry and CONSULTANT agree that each requirement, duty, and obligation set forth
herein is substantial important to the formation of this Agreement and, therefore; is
a material term hereof.
7.21 & COMPLIANCE WITHLAWS
CONSULTANT shall comply with federal, state, and local laws, codes, ordinances, rules,
d regulations ir, perforraing its duties, responsibilities, and obligations related to this
Agreement applicable at the time the scrape of services was drafted for this agreement, in
addition, at: the time each Task Order is executed, any revisions to applicable federal state,
d local laves, codes, ordinances, dales and regulations shall apply.
7.22. SEVERABILITY
In the event this Agreement or a portion of this . .reernent is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be effective
unless ;IT. or CONSULFANT elects to terminate this Agreement.
7.23. JOINT PREPARATION
Preparation of this Agreement has been a jointafford of CITY' and CONSULTANT and
the resulting document shall not, solely as a matter of judicial construction. be construed
more severely against one of the parties than any other,
7.24. PRIORITY '
If there is a conflict or inconsistency between any term, sta arra nt, requirement, or
provision of any exhibit attached hereto, any document or events referred to herein, or any
document incorporated into this Agreement by reference and a tenn, statement,
requirement, or provision of this Agreement, the term, statement, requirement, 0, r
provision contained in Articles I through 7 of this Agreoment shall prevail and be given
effect,
7.25. APPLICABLE LAW ANDLJ
'rho laws of the State of Florida govern the validity of this Agreement, its interpretation
d performance, and any clap s related to it. the veaa c for mediation, arbitration or any
other legal proceeding shall be Monroe oe ounty, Florida.
7.26. INCORPORATION BY REFERENCE
The attached exhibits are incorporated into and made apart of this Agreement:
ER�J Y, t i ,
AgreementThis
deemedto bean original.
IN
WITNESS WHEREOr, the
parties,smade ,dexecuted thisAgreement
dates
Y: CONSULTANT
Sirpa H Hall
iProm Name MW lea@)
4h1 day of r 17
tsipoturej
a-
4Prim Name ad Tide)
2f-day of, -aA6-- 20..a
„....... ..,,
4
Engineer isEngineer 4 A ■ �i `+
!: ! !
IY
Engineer
III
Engineer
},
Planner I
Technician 6
Technician 5
$114.62
+ ai
I!
Technician 2
i
. . . . . . . . . . . .
ngmeer,-
in writing the licensed's current address.
Name changes require legal documentation showing name change. An original, a certified
copy, or a duplicate of an original or certMed copy of a document which shows the legal name
change will be accepted unless there is a question about the authenticity of the document
raised on its face, or because the genuineness of the document is uncertain, or because of
another matter related to the application.
State I" Io r I d a
Board'of" Projks'""'ional Engineers
i
1 ,
IN U Its) AFE IN VE NAICS
1511A-12345-SEX2P-'17-18 074191 BK —�
_ INSu R r_ ° Insure m wyINI22822
i2NR HILI. ENCs1NEER5, INC. INSURER... S National Fire & Marine Insurencer Go _ 79
3150SW 36 AVENUE, SUITE700INSURER CXL 6tgiy Itt6ur� 37885
-. �.
h71AMl, GL 33146 INSURER D r Zurich Arfluncan Insurance Oo 15536
INSURER E
- IP��9i E
...,...�,.... .._..___.._.....
COVERAGECERTIFICATE
. RTIFI ATE NUM Ra _ S A-00351 08-41 REVISION NUMBER: 6
TFII�u '§ CERTIFY THAT F0E POLICIES F INSU NCE LISTECY BEL&W HAVE BEEN lSSUELI Tit THE i19SIIREI3.._ EC ABt7 FC9R THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDIT ICN OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO VVriICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN Y HAVE BEEN REDUCED BY PAID CLAIM&
L$ E Op INSU CE ADDL S _ _ra cV � F PdLd y is (.
......._ _ ,. _.._ - i a.t__.�. "'_ ----..POLICY N UNO R ,.., dO MranD.J`Y,'tV, LIMITS
A IX I COMMEPClA,LGENE LLIAB1LTY X I RCS 25 06 05101f2017 0%112d118
OAMA T'OR5NI`EL7 $ 1 iI®01
_ CJ..41Pfl5-hbAC
` � BUR � PraErul�Es t,Eanuurea,cat_ 5 1,500,00i7
X $500,000 SIR
I MEC EXP (Any one parson) 5 !
PEIRSO AL A AUV INJURY 1e
I GEN L AGGREGATE LIMIT APPLIES PER.
_ GE:NERALAG RELATE 9
PRO�� ._ __ _
Xm POLICY JECT LC;C PRODUCTS -CLBMPMPAGO $ 5,QW,0
,,,.,.. OTHER f s
ILEL-IAILt 6 _ - X X FLA254.�6-6it117 9912Ci18 i�ryt'I�r r ;'ri,": I' p,�l 2,Ci00,fJ0® �'
IEa sedd rnt
X AN"YAU1
I
6{7gytLY nN,;l1EY {rash person)OWNE
AUICIS AUTOSULE1' BODILY IN,iLIrtY Per acddmA - s
dalk'[CtS CiNLY Atlrci t }'. $ ,
HIRED NON -OWNED FE OPF-ta DAMAGE i
AUTOS ON-Y AtJIOS ONLY yPor d t _ $
� S
(I X UMBRELLA UAS XOCCUR 42UM030247 05/01017 05MI2018 EACH OCCURRENCE
I5 5Ct00,p170
_ EXCESS LIAO CLAIMS -MADE
AGCw12EDai TC I $ 5 C31,000
C ��T�nrrlc�rls I5
G WORKERS YERS' COMPENSATION X RWFi6 iQgF9x 'S Intl y D 45101120i Q5I0112C & X r I
AND KERS CO PEN AI TIJar .� STATUTE _ ER"
C �ravpRCPRIEIC 1PaRTr, R E�urlvE �Y�p � ) 7 05Ki112018 �ixo060
bPPIGECi1taQ:hi®EFiE%CLU6Cb7 t NIA E.L. DISEASE IBA. MPLCYYEE�I S
l mnd. In Nwg __ _. _ . � 1 8 1,006,006,
If . descrus under _ .- I
S�ESCRIPTIONorOPERA IONS below E.L.DI5EASE>POLiCYLIMIT S 1,00000r
D PROFESSIONAL LIABILITY' EOM829621115 05IO12017 05101f261B EadlCare & g ate $291�
Each PoUcy Penod
` DESCRIPTION EA OPERATIONSILOCATIONSI VEHICLES {ACORD 901, Addtt onar Roavmum Schadula6 stray he ached IC more apace Is required?
Re: Client Contract No.: 69303C
Clly of ray West is included as an aididensk insurotl on the Genera! Liabidly and Arrarn bile LMllily policies as required by written contract oragredureni. Coverage provided by the above General Llah1hry and Auto 1
ponies shalt be prhnary and non-canlrilsitory and is limited to the liability resulting from the named insureds owaemhlp ancifol operations, General Liability, Auio +Jabilly and Workers' CorripensaClon policies include
a Wahlor at Subrogabon. THE ABOVE WORKERS COMPENSATION POLICY INCLUDES A LONGSHORE AND HARBOR WORKERS COMPENSATION ACT COVERAGE ENDORSEMENT
CERTIFICATE FILER CANCELLATION
Attu.Anm Scheid Key Welk SHOULD ANY OF E ABOVEDESCRIBED POLICIES E CANCELLED BEFORE
JiTHE EXPIRATION ION GATE THEREOF, NOTICE WILL BE DELIVERED IN
1300 While SI. ACCORDANCE WITH THE POLICY PRO111SI NS.
Key WWeet, FL 33040
AUTHORQE REPRESENTA € ,......,
ar Marsh USA Inc.
David Wilkins w.. ,,:
C 1988-2016 AC RD CORPORATION, All rights reserved.
ACORID 2 (201 d 3) The ACORD name and logo are registered marks of ACCIRD
ATTACHMENT
DUVAL, WHITEHEAD, AND FRONT STREETS SURVEY
In coordinatia-m ivift
50 SW 2"d Ave Suite 102
Boca Raton, FL 33432
Scope of Services
This Task Order shall become a supplement to and part of the Architectural Servic
Agreement dated May 14, 2018 between City of Key WesqCity) and Avirom a
Associates(Consultant). The following services are hereby agreed to as a part of thl!
task ord
Duval, Whitehead and Front Streets North of Truman avenue. Surveys will include
foot elevation grid, cross sections every 100 feet of road, locations of visible utiliti
including surface features such as trees, lights, poles, signs as described in attach
proposals for Area 1 and Area 2 dated November 12, 2019. Deliverables are to inclu
complete electronic files in AutoCAD and Adobe PDF formats, as well as two hard co
prints.
Compensation
Professional fees for this Task Order will be as provided in the Agreement will be paid in
a lump sum amount and are not to exceed $ L7,241.Q1, no reimbursable expenses
included in this tas L, —A—
Acceptance
-� R�-' v �11
0
RM
Date: 1.Date:
City of Key West
DUVAL, WHITEHEAD, AND FRONT STREETS SURVEY
In coordination with
r1k9JAT&11X± ilTff*-TLWIRN'U��
50 SW 2nd Ave Suite 102
Boca Raton, FL 33432
Scope of Services
This Task Order shall become a supplement to and part of the Architectural Services
Agreement dated May 14, 2018 between City of Key WesqCity) and Avirom and
Associates(Consultant). The following services are hereby agreed to as a part of this
task order. Bounda and to o ra hie surve s of Cit and Coun
Compensation
Professional fees for this Task Order will be as provided in the Agreement will be paid in
a lump sum amount and are not to exceed $ 57,243.0 , no reimbursable expenses
included in this task order.
Acceptance
By:
Keith M. Chee-A-Tow, P.L.S.
#ate: 12/06/2019
Digitally signed by Keith M.
Chee-A-Tow
4
Date: 2019.12.06 16:48:42 -05'00'
City of Key West
T
ev
----------
Project Manager
City of Key West
1300 White Street,
Key West, FL 33040
Re. Front Street, Whitehead Street and Duval Street Repaving - Area 1
Surveying Services (Revised 1)
We shall perform a topographic survey of existing conditions at Area I in accord with the
Statement of Work you provided.
4-n MOTO, I WTIVII&T131
L11C
the attached Exhibits incorporated herein for reference.
a. A 50-foot wide section of Duval Street - Eaton Street to 160 feet past Wall Street
(approximately 1,600 linear feet) as delineated in yellow shown on Exhibit A.
b. A 50-foot wide section of Whitehead Street - Eaton Street to Front Street (approximately
1,200 linear feet) as delineated in yellow shown on Exhibit B.
c. A 50-foot wide section of Front Street - Whitehead Street to the A and B Lobster House
sign (approximately 1,500 linear feet) as delineated in magenta shown on Exhibit C.
U 0 Z,=
L aff ? rrAT MOIC -C [flu lit 6entor I -cuff mwm'
including significant grade changes in elevations.
A0 Ng
the streets, extending 30-feet beyond the right-of-way in each direction at all intersections.
402 APPELROUTH LANE, SUITE 2E, KEY WEST, FLORIDA 33040
130S] 294-7770 WWW.AVIROMSURVEY.CDM
Mr. Johnnie Yongue, P.E. P a g e 12
Front Street Whitehead Street and Duval Street Repaving__Area I (Rev. 1) November li, 2019
grades, sidewalk
driveways.
The elevations shall be referenced to the National Geodetic Vertical Datum of 1929 (NGVD 29)
and horizontally referenced to the North American Datum of 1983 (NAD 83-2011) Epoch 2010.0*
and tied to the National Geodetic Survey benchmark network. Additionally, we shall establish
benchmarks along the route at a maximum of 1,000 or line of sight to utilize for future
construction. We shall calculate and place the vertical conversion factor from NGVD 29 to thq
North American Vertical Datum of 1988 (NAVD 88) on the face of the map,
We shall locate all above ground improvements including, but not limited to pavement, ramps,
irivcways, buildings, steps, gates, edge of curb, top of curb, flow line of curb, edge of pavement,
centerline of pavement, back of walk, face of walk, parking pay stations and above ground
-evidence of utility.
We will obtain rim elevations of sewer and drainage structures where possible. Utility locations
include fire hydrants, water valves, meter boxes, vaults and electrical outlets, power poles and
overhead wires. We will locate wells, main irrigation valves, but will not locate individual
sprinkler heads.
There is no provision for the excavation, probing or location of underground utilities structures or
improvernents. Utilities shall be located to the extent that they are above ground and visible. This
proposal does not include obtaining inverts, material, direction of flow or the contracting of an
underground utility locating service to locate the subsurface utilities.
component, 0. 1 feet spot elevations on ground shots and 0.03' spot elevations on paving or hard
surfaces, with all work performed in accordance with the Standards of Practice as defined in
Chapter 5J -17, Florida Administrative Code. The work shall also comply with the additional
standards as specified in Item 1.4 Standards of the Statement of Work.
We shall establish a baseline of survey along the ccnterline of the night -of -way, referenced
horizontally to the North American Datum of 1983 (NAD 83-2011) Epoch 2010.00,
We shall research the Monroe County Property Appraiser's database to delineate the current
ownership lines within our survey. We will graphically delineate right-of-way lines and lot lines
from information obtained by this firm from recorded plats and/ or right -of-way maps, readily
available from the Public Records of Monroe County at the time of the survey. This information
will be spatially placed within the digital file of the topographic survey, based on recovered
monumentation to depict the lines relative to the topographic locations. This is not a boundary
survey and the information should not be relied upon as such. There is no provision to perform
boundary surveys or surveys to resolve conflicts, ownerships or occupation issues relative to the
recorded instruments. It is strongly recommended that if the design is contingent on accurate
A 511
Mr. Joluinie Yongue, P,E. Ila L' e 13
Front Street, Whitehead Street and Duval Street RepavingArea I (Rev1) November 12, 2019
boundary placement and especially prior to construction, a boundary survey should be perfornied
to establish the fines. We will not be responsible for the misuse of the topographic survey for
purposes it was not intended.
Tree 5-'wve,Y1-
We will locate all indigenous and protected specimen trees having a 4" and larger caliper diameter
at breast height, with the tree species listed to the best of knowledge and ability of the surveyor
(without the benefit of a botanist or landscape architect), It is the responsibility of the end user to
verify the identity oft e species.
The location of shrubbery and landscaping is not included in this proposal, Large, bunched groups
Z"
of trees shall. be located as clusters with a count and diameter listed. We will not locate exotic or
non-native species,
Deliverables:
I. Provide two (2) signed and scaled certified hard copies of the topographic survey,
2. Digital PDF file, ASCII comma delimited file of the points and an AutoCAD 2018 or lower
fannat file of the above survey,
1 The delivery format shall be as specified under Item 1.10 Data Delivery Format of the
Statement of Work.
e This proposal is based on one mobilization by our crew from Boca Raton to accomplish the
project.
* Requirements to the survey requested by governmental agencies that are more Stringent than
Standards of Practice as set forth in Chapter 5J- 17 FAC pursuant to Section 472 Florida
Statutes will be an additional expense.
a This proposal is based on. the site being free and clear of storm debris. We will not move
obstacles that impede obtaining the survey data, or if field conditions are considered hazardous
to the safety of our crews,
After receipt of an executed contract we can mobilize to the site within one (1) week, We can
phase the project and begin submittals within four (4) weeks after mobilization, with an anticipated
completion of the entire project within eight (8) weeks. Mobilization is dependent on the
availability of accommodations for our field crew.
402 APPELROUTH LANE, SUITE 2E, KEY WEST, FLORIDA 331340
[3051 2 94-77 70 WWW.AVIROMSURVEY.COM
Mr. Johnnie Yongue, P.E. P age 14
1,'Front Street Whitehead Street and Duval Street Repaving_:Area I (Rev. 1) November 12, 2019
M
The itemized fee to provide the above surveying services shall be lump sum:
1. Duval Street — Area I ........................................................... $13,470.00 lump sum
2. Whitehead Street — Area 1 ....................................................... $ 8,900.00 lump sum
3. Front Street ........................................................................ $11,974.00 lump sum
Thank you for the opportunity to submit this proposal. Should you have any questions, please
contact me accordingly.
= Ma
.. . . . .....
C,
Keith M. Clee-A-Tow, P.L.S.
Project Surveyor
402 APPELROUTH LANE, SUITE 2E, KEY WEST, FLORIDA 33040
[3053 294-7770 WWW.AVIROMSURVEY.COM
C.18.a
Mr. Johnnie Yongue, P.E. Page 15
Front Street, Whitehead Street and Duval Street Repavin&_Area 1 (Rev. 1) November 12, 2019
EXHIBIT A
402 APPELROUTH LANE, SUITE 2E, KEY WEST, FLORIDA 33040
E3053 294-7770 WWW.AVIROMSURVEY.COM
Packet Pg. 534
C.18.a
Mr. Johnnie Yongue, P.E.
Front Street, Whitehead Street and Duval Street Repaving_Area 1 (Rev. 1)
EXHIBIT B
WHITEHEAD STREET AREA 1� b f
,r.. u
o •Y
Page 16
November 12, 2019
402 APPELROUTH LANE, SUITE 2E, KEY WEST, FLORIDA 33040
[3053 294-7770 WWW.AVIROMSURVEY.COM
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C.18.a
Mr. Johnnie Yongue, P.E. P a g e 17
Front Street, Whitehead Street and Duval Street Repaving Area 1 (Rev. 1) November 12, 2019
EXHIBIT C
402 APPELROUTH LANE, SUITE 2E, KEY WEST, FLORIDA 33040
13053 294-7770 WWW.AVIROMSURVEY.COM
Packet Pg. 536
AVIROM & ASSOCIATES, INC`—.
SURVEYING & MAPPING
is
."" -"S
Mr. Johnnie Yongue, P.E.
Project Manager
City of Key West
1300 White Street,
K-ey West, FL 33040
Re. Whitehead Street and Duval Street Repaving_Area 2
Surveying Services (Revised 1)
We shall perform a topographic survey of existing conditions at Area 2 in accord with the
Statement of Work you provided.
mr,77AWITRIM
The bandwidth of the route shall be the full right-of-way width of all streets and shall extend for
rm
the attached Exhibits incorporated herein for reference.
a. A 50-foot wide section of Duval Street from Eaton Street to Truman Avenu+
(approximately 2,559 linear feet) as delineated in magenta shown on Exhibit A.
b. A 50-foot wide section of Whitehead Street from Eaton Street to Fleming Street
(approximately 420 linear feet) as delineated in magenta shown on Exhibit B.
ffmomlm�"�
Obtain sufficient elevations to define the existing topography in detail, and to generate I' contours,
including signcant grade changes in elevations.
11 17111
t t'
Rtt—wo OR
driveways.
402 APPELROUTH LANE, SUITE 2E, KEY WEST, FLORIDA 33040
13053 294-7770 WWW.AVIROMSLJRVEY.COM
Mr. Johnnie Yongue, P.E. P a -, e 12
Whitehead Street and Duval Street Repaving Area 2 (Rev. 1) November 12, 2019
.4"Witor-ft
an orizontally reterenced to the 11orth American -taturn ot'l _11M3_(1A_F A1 1) Epoch 2* "f1t
and tied to the National Geodetic Survey benchmark network. Additionally, we shall establish
benchmarks along the route at a maximum of 1,000' or line of sight to utilize for future
construction, We shall calculate and place the vertical conversion factor from NGVD 29 to the
North American Vertical Datum of 1988 (NAVD 88) on the face of the map.
We shall locate all above ground improvements including, but not limited to pavement, ramps,
driveways, buildings, steps, gates, edge of curb, top of curb, flow line of curb, edge of pavement,
centerline of pavement, back of walk, face of walk, parking pay stations and above ground
evidence of utility.
We will obtain rim elevations of sewer and drainage structures where possible. Utility locations
will include fire � ,# fae - -vm& 'ONK01#1 ir P*1;Wft4,
overhead wires. We will locate wells, main irrigation valves, but will not locate individual
sA rinkler heads.
There is no provision for the excavation, probing or location of underground utilities structures or
improvements. Utilities shall be located to the extent that they are above ground and visible. This
proposal does not include obtaining inverts, material, direction of flow or the contracting of an
underground utility locating service to locate the subsurface utilities.
The survey data will be reported to the nearest 0.05 feet for horizontal locations and for the vertical
component, 0.1 feet spot elevations on ground shots and 0.03' spot elevations on paving or hard
surfaces, with all work performed in accordance with the Standards of Practice as defined in
Chapter 5J -17, Florida Administrative Code. The work shall also comply with the additional
standards as specified in Item 1.4 Standards of the Statement of Work.
We shall establish a baseline of survey along the centerline of the right-of-way, referenced
horizontally to the North American Datum of 1983 (NAD 83-2011) Epoch 2010.00.
We shall research the Monroe County Property Appraiser's database to delineate the current
ownership lines within our survey. We will graphically delineate right-of-way lines and lot lines
from information obtained by this firm from recorded plats and/ or right -of-way maps, readily
available from the Public Records of Monroe County at the time of the survey. This information
will be spatially placed within the digital file of the topographic survey, based on recovered
monumentation to depict the lines relative to the topographic locations. This is not a boundary
survey and the information should not be relied upon as such. There is no provision to perform
�Ivfilfw- -,OPE �-, recorded instruments. It is strongly recommended that if the design is contingent on accurate
boundary placement and especially prior to construction, a boundary survey should be performed
to establish the lines. We will not be responsible for the misuse of the topographic survey for
purposes it was not intended.
;r j2;1
ii,*Jvj J7
Mr. Johnnie Yongue, P.E. t7 a u 4 13
Whitehead Street and Duval Street pavin._area 2 (Rev. tl November 12, 201
Tree %rvey!
e will locate all indigenous and protected specimen trees having a " and larger caliper diameter
at breast height, with the tree species listed to the best of knowledge and ability of the surveyor
(without the benefit of a botanist or landscape architect), It is the responsibility of the end user to
verify the identity of the species.
The location ofshrubbery and landscaping is riot included in this proposal, Large, bunched groups
of trees shall be located as clusters with a count and diameter listed, We will not locate exotic or
non-native species,
Deliverables:
I . Provide two ( signed and sealed certified hard copies of the topographic survey.
Digital pill~ file ASCII comma ma delimited file ofthe points and an AutoCAD 1118 or lower
format file of the above survey.
I The delivery fomiat shall he as specified under Item 1,10 Data Delivery p rniat of the
Statement of Work.
This proposal is based on one mobilization by our crew from Baca Raton to accomplish the
project.
• Requirements to the survey requested by governmental agencies that are more stringent than
Standards of Practice as set forth in Chapter J-17 FAC pursuant to Section 472 Florida
Statutes will be an additional e penseo
• This proposal is based on the site being free and clear of storm debris. We will not move
obstacles that impede obtaining the survey data, or if field conditions are considered hazardous
to the safety of our crews.
.After receipt of an executed contract we can mobilize to the sitc within one (1) week. We call
phase the project and begin submittals within four (d) weeks after mobilization, ith an anticipated
completion of the entire project within eight () weeps, Mobilization. is dependent on the
availability of accommodations for our field crew.
Mr. Johnnie Yongue, P.E. Page 14
Whitehead Street and Duval Street RepavirI 2 (Rev. 1) November 12, 2019
IM
1. Duval Street — Area 2 .. . ........................................................ $19,457.00 lump sum
2. Whitehead Street — Area 2 ....................................................... $ 3,442.00 lump sum
TOTAL ............... $22.899.00 lumn sum
Thank you for the opportunity to submit this proposal. Should you have any questions, please
contact me accordingly.
Respectfully,
Keith M. Ghee -A -Tow, P.L.S.
Project Surveyor
IMMIN 1 1101111 111 111 1 111 1 1
-- --- ----- --------
402 APPELROUTH LANE, SUITE 2E, KEY WEST, FLORIDA 3304K
[3053 294-7770 WWW.AVIROMSURVEY.COM
C.18.a
Page 15
November 12, 2019
Mr. Johnnie Yongue, P.E.
Whitehead Street and Duval Street Repaving Area 2 (Rev. 1)
EXHIBIT A
" DUVAL STREET -AREA x
402 APPELROUTH LANE, SUITE 2E, KEY WEST, FLORIDA 33040
[3053 294-7770 WWW.AVIROMSURVEY.COM
Packet Pg. 541
C.18.a
Mr. Johnnie Yongue, P.E.
Whitehead Street and Duval Street Repaving_Area 2 (Rev. 1)
EXHIBIT B
WHITEHEAD STREET AREA 2
SIRVEY LW5
S ;
t
19.
Page 16
November 12, 2019
Lepmd
402 APPELROUTH LANE, SUITE 2E, KEY WEST, FLORIDA 33040
[3051 294-7770 WWW.AVIROMSURVEY.COM
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Packet Pg. 542
RESOLUT101; No18-144
WHEREAS, the City issued RFQ 18-002 for firms capable of
providing professional surveying servilces; and
WHEREAS, at a publicly advertised meeting on April 20, 2018,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, AS FOLLOWS:
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Section 1: That the top responses for professional
surveying SeIvices are hereby ranked by staff, and a._pq,,,)rov,ed by the
City (,7ommission, as follows:
(1) Florida F,e,,,s Land
(2) Avirom & Associates
(3) Mathews Consultin,..,, A Baxter & Woodman C andy,
(4) Manuel G. Vera & Associates
Section 2: That the City Manager is hereby authorized to
negotiate and exedute contracts on a task -order basis with each of
the four top -ranked companies, upon advice and consent of the City
Section 3: Specific task orders issued pursuant to the
contracts shall comply with the City's procurement guidelines,
Passed and adopted by the City Commission at a meeting help,
this Ist day of May, 2018.
Authenticated by the Presiding Officer and Clerk of the
Commission on 2nd day Of 2018
Filed with the Clerk on _ _
2 018.
Mayor Craig Cates
Yes
ViceMayor Clayton Lopez
Yes
Commissioner Sam Kaufman
Yes
Commissioner Richard Payne
Yes
Commissioner Margaret Romero
Yes
Commissioner Billy Wardlow
Yes
Commissioner Jimmy Weekley
Yes
y Wo
. . . ....... ...
CRAIG YOR
�Ik
ATTEST:
CHERYL SMITH, Cl -Y CLERK
NMF��
AGREENIENT
ml
fo r
KEY WEST, FLOREDA
. ...... ...... - 111-11,
F Packet Pg. 546
This is an Agreement between: CITY OF KEY WEST, its successors and asssi
hereinafter referred to as "CHY," and Avimm. & Associates- I-X14"Pla1}t,
laws of the State of Florida
"CONSULTANI". , its successors and assigns, h6reinafter reten to as
010"Pil V
For the purposes of this Agreement and the various covenants, conditions, terms and
provisions which follow, the definitions and identifications set forth below are assumed to be
true and correct and are agreed upon by the parties.
I.I. Agreement: This document, Articles I through 7, inclusive. Other terms and conditions
are included in the CrN's RFQ 18-002, CONSULTANT's Response to RFQ dated
MPW2T M,# addenda, exhibits, Task Orders, and supplemental documents that are
by this provision expressly incorporated herein by reference.
1.2. Commissioners: Members of the City Commission with all legislative powers of the
CITY vested therein.
1.3. CONSULTAWL The Landscape Architectural firm selected 'to perform the services
pursuant to this Agreement.
I.S. Contractor: The person, firm, corporation or other entity that enters into an agreement
with CrrY to perform the construction work for the Task Order.
®. CITY: City of Key WesL
1.7. Task Order. A detailed description of a particular service or services to be performed
by CONSUIXANT under this Agreement.
WM
In crier to establish the background, context and fragne of r for dhis Agrwareat
geneeWly to express the objectives and d n tons of the respective Parties hereto, die following,
statements, representations wad taplanationsshall be acceptexi as predicates for thv undertakings;
and Commitments included i ri the sWhich follow and may relied umn by the
parties as essential clemmits of the mutual .d ions upon witichthis Agwment is bmed.
.. The CONSULTANT is not entitted to receive, and the CITTY 'as not obligated to pay, any
fees r expenses in eseesss of the t budgeted for Tesk Orders authorized under du
Agivement in each fiscal year (October - eptrrrber 30) by CITK Ile budgeted * ount
may only be modified per Cif O .
2.2. The Cr1Y has met the requirements of the Consultants! Competitive lNe too t, asJ
set fortin Section 297.055, Florida StArites, and has selected ONSUL ` T tD perform
the services heretwder, based on the Request far Qualifications 2 incorporated
reference and made a part hereof and the Response to the Request for Qualifications 2
frorn Consuliot dated LvLrdm.. o rporated by reference and made
iations pertaining to the ices to be performed'.iTAN'T were
04
undertakem between CO.NSUI..,TANT d staff selecftd by the Commission, and this
Agnerment 7inc rates the recants of suQN negotiations.
MEW
.. CONSIJUTANT's servioesmay include tad are not limited to the following in regard t
the rn�
3.1-1. Proffessional, Surveying Services
.. CONSULTAMPs services :hall include:
Boundwy/Property surveys and analysis
Topographic, ewement, randWay and ggt- way surveys
* Preparation of emerneet: or right-o&way exhibits
Propel Hue -s s in
Construction layout survey and stMdng
Review of right-of-way and easmnent docureents for d vel ent
Legal descriptions
Monument placement
* Hoed plain, FEMA, beach srrr%rr a in
* IS, /A rtn D reap and data base creation
Packet Pg. 548
-LF —auffi-o—r M" -1 C J Aft I' Fo un-d ertake in connecdon mth
this Agreement. CONSULTANT shall provide all necessary, incidental and related adivities
and services as required.
3.4. The specific services to be provided by the CONSULTANT and the compensation for such
services shall be as mutuaHy agreed to in separate Task Orders to this AGREEMENT. Each
Task Order when fully executed shall become a supplement to and a pan of this
AGREEMENT.
Packet Pg. 549
authorizedaufhorized s r l s perflornre,41 up to the r in tl date phis, if terminated for the
convenientconvenientv, ofthe, cl l` , wasonable expensesincurred during the close-out, of IlreTask
Order. ne. CITY "I not pay for , i tory profits. The termination of this
A.greennent pursuant to Pamgrapb 7.2, hereof, shall constitute the teminallon of any and
all ouLstatiding Task Orders.
14.5. The CONS T `L shall b g& serer � der any Task Larder f rl � by
Purchase Order issue by the CITY and delivered to CONSULTANT.
.. The IT and CGINSTTL ' may negotiate addifional scopes of se-irviom
conspensotion, time of performance and other related matters " r tsich Task Order as allowed
by this =tent. if MY and ON'SUE.TANT Cannot contractually aVee, CrN shall
have the right to immWiately tenninate rregofiadns at no am to CrrY and pnamre services
from another source.
.. CONSULTAONT shall per-ronn the professional services under this Agmentern at the level 5
d
custornary for r-r-at nt and priadern lrr l° irvad In CONI st. "t' 1 'S field perfmmingJ
such services at the time and place Where the services are provided. In the event
CONSULTANT
does nrrt conaply w,,ffi this surndard. and ranissions or errors. are gads byc
CONSULTANI", CONSULTANT will correct such work, that contains errors or omissions and °
rhhtr w CITY throuet corapertmition for damages.
-1, L`-W is required Wig-nt
_- the Task Orders consistent wldr current applicable
Federal, State and City laws,des and reg-flations that pentain to the Task Order. r. in all 'F. k N
Orders, where, changes to any Jaws, r regulations affecting the Task Order have
Task de " cti date, or are, antictpated to be of -futrsate, or if kno-wiedge
of a tl l r t d changes is available to CONSULTANT or any sub -consultant, CONSULTAKIFa
shell It n.- rrt oplions trrr their us r implementation. c
., a Construction Responsibility - Notmithstanding anything in this Agreement,
ONSUI t"'ANT shall not have control or charge of and shall riot be sn-slide t"ar
comstruction means, r th rd hai r, sNuerices or procedure& or for s, ety nwasures,
precautions rd programs including enforcement of Federal and State safes requiremerjoi, in
connection ith conwuction work perfornied by CIT'Y's construction contractors.
3.9. Estimates - Since CONKRUENNT has no con—uril over local nditions, the c of labor,
materials, equipment or services ftwrfished by others, or over cornpefitive bidding or rnarket
conditions, t.,lL TANT does not gjanuatee. the accuracy of any opinions of probable
construction s t or compared to coms1ructi ntrwaoes bids or the actual test to the
CITY,
� ��-_ -� ��,, •° � gyp. �� � s
The terra of this Agveement shall be i t a period o °thr : i3 yew finin the effective date
of the Agreement Mth the option of one (1) two (® year ren L "nie g!„ tart will be in
effect upon execution by Okhl rti w The Agreement may be renewed at the diser tl n of the
crry,
Packet Pg. 550
— CONSULTANT shall p- seMees described In each Task Order 0tblrr the time
perms specified. Each such firne periodb ll commence frrrrn the date of the ptirchase
order issu for such services.
. CONS .LLTAN1° must receive write approval fmm the Contrw Admijustmator prior t
begirming, the performance of services its any subRequent Task Order., Ptior to granting
approval for CONSULTANT to proared to a subw-rient Task r � -r, the Contmet
Administrator may, ato his or her sale optiarr, rgtrire CONSILU"Abil' to submit any
deliverables/documents for the Contrast Admirdstmoes review.
.3. In the event CONSULTKNT is enable to complete the above services .0 dels
resulting from untimely review by CnY or other governmental authorities having s
jurisdiction ever the Tack Order, and such delaysare. irat the fault of CLTL,, , or
because of delays which were causecauseA by Actors outside, the cornof of CONSULTANT, d
IT ll grant a reasonable t rrsl f tiner for completion of the services and shall J
.provide reascomble compensation, ap
propfieft,, It shall br, the rebponsi-bility of
CONSULTANT ANT to notify l"1'° itbi ld disys in writing whenever a delay isppmwal
by k ,e nunent l agency, including CITY, is tici rn experienced, and te info W
the Contract, Administrator ofall facts mid details related to the delay.
.. Ln tie event the ont a t r fladis to substantially corrr l Task Order on or More the eo.,
subsiantial completion slate symcified in its agreenient with Crl'Y or ifContractor is granted
an extension of time beyorid said substantial completion date, and CONSUL' "l7s
services are extended bevond the substarifial completion dates$ f rough no fault of .�
CONSULTANT, N 'l:. LTAN " shall be compensered in accoidance oith Article 5 f. c
all servims rendered by CONSUrf ANT beyond the substantial cornpiLlion date.
4.5. In the event Contractor falls to gubscuitially complete the Task Order on or before, the
substantial cin l tion date sperified in its agreement pith f"1"1'Y, and the failure'to
substantially complete is caused in whole or in Fart by a negli _rrt act, error or ornission,
of CONSULTANT, then CONSULTANT shall Fay to CrITits proportional share of stry
claim or damages to, Contractor or CUTY arisicgout of the delay. This provision shall
not alert the rights and obligations of either party 9-9 set Ruth In Pamgjvph 7 • ,
5.1. AMOUNT AND METHOD OF COMPE NSATION
The types of compensation methods, whichshall be used to pay or the CON.L IT's
servioes, are limited t the following:
l ° .L .Lum.p sum payment/Not-to-Emcced, which includes compensation for all the
NSULS , "1" S salaries, general overhead costs, direct expenses, and profit.
Packet Pg. 551
31, d C t u l r Di a (Time and E pease
Per them rates axe those hourly or daily rates, c1larged for work perfonned on
the TASK ORDER by CONS',,Jl,,TANrs employees offlie indicaterl
classifications and Include all salaries, overheads, rt prof -it, but do not
include allowances ora Dftw Expenw& 'Ibese rates we subject to annual
adjustments based on the Consumer Price Index Urban U.S. City Average
All Items ..S. Department of Labor Bureau of Labcw Statistics.
5.1.22. -HourlyrWes for the first year of the contract t ( ONSULT N
Sub -consultants): attached Exhibit
al... e CONSUI AN Sub-consultanti aflowedannual wage 0jusstment shall Trot
exceed the Data Rur°rc uu lthut DR forecast of waged price escalation
(the, U.S. Bureau of Labor" Statistics IDLS]Employmient Gustindex.ECI) for
Private hidug
5,1.2., A budgetaryamount Mll a slab l h for each Task Order. 'Illis budgetary
nlot urt shi'l not be exceeded u rtlo prior, pr tt a rru al is rovi
1T� ON' UTA ,rlrall make r uonoble efforts to completeda work
lthlur the budget and will keep CITY informed of progressand that mud s
drat this uu gsut or work- alffiort can be a4justed if firined necessiary.
,1.. a C014SLJLTANT is apt obligated to incur -cogs beyond the indicated budgets, as
may be -adjusted, nor is ClW obligated to pay CG1qSU1,,`FANT lt)eyond these,,
ate - e When anybudget has been increased, ONSUL w ",s ss costs expended
prior to such increaw will be allowableto the extern as if such costs had
been, incurrell after the approve increase.
w f . f e Dfiwt non -salary eximnses, entitled Reimbursable Expenses, directly
utabl the as r shall b charged at c4ua1 Cast d s tall f 1 1
to the following-
. 01, m Identifiable transpom-tionlases in connection with the Task Order, subject
t the limitations of" Section 112.00 1, FloridaStatutes. There r shall be no mil
reimbirse. ment for travel within the City of Key West TmnVcetation expeners
r locations outside the City mw orhTorn bocations autsl& the City will not b
reimbursed unless specifically pre -authorized in Vniflog by the Contract
Adaninistratow.
a . f ffi n Identifiable per diem, meals and lad&nags, taxi fares, autonuabile rental, and
miscellaneous tra'vel�tasn nected expenses for CONSULT 's per„s rm l subject
to the limitations of Section 112,061 Florida. Statutes, Mmis for class tr
s
inside the of they Wes will not be relay . Lodging will Ire reimbursed
only for room rates equivalent to holiday inn, Hampton Inn, or Best Western
located within the City of fey West city lirtritsn
5.2 .t,m bJeentifiable communicatiou expenses approval by Cantract Administrinor, long
distance telephone, wrier and sa ss ar it mil to reader theservices
required by this Agisennent.
21.5. Cast of lrrintin& reproductkin. or Photography that is required ed by or of
CONS Ul.,FANT to deliver services set frrrfl�r. in this Agreement. Unit coas rnr st
be specified on the Task Order,
21.& Identiflable tesfing costs approved by Contrast. ministr. t r. unit roasts r rr t
be specified on tlhe Task, Order,
.23.. All pennit fees paid to regulatory ncies for qpprovals directly attributable to
the Task Order. These peffnit fees rr not miclude those pernalts required fbr the
Contractor.
all It it acknowledged wuhd agreed to by CONSIAMAN that the dollar limitation sa forth
in P .hs 5.11.l through 5.2.1.7 is a firnitation upon, d i s the r a., irrrrrrrr
extent of, C1 Y's obligation to reimburse UFANT for directs non -salary
expenses. If MY or Contract Administrator reclucsts .N'Sk .. AN to incur
expenses not contemplated in the amount for Reimbursable Exponses,
a N X. z"f` shall notify Contrast Adrninistratorin wnriting before incurring such
expenses. Any sucti expenses shall be reviewed and approved y MY prior to
';«. . All sub -consultants' ourly rates shall be bfiled in the ictual amount paid by
CONSUIZANT., These amounts &hpJl not increase flwal year to t fr s CITY by
more draw them r Price Index Urban U.S. City Average All Items f;i,.�„
f e er t of Labor Bureau of Labor Statistics. S b- ° rrsrrlt tE'xpe� bars bt
n= are limjuel to the heirs in Paragraphs 5.2. 1.1 ugh 5.2.13 describedabove
when the sub -consultant, s, agreenient provides for reimbursable expen s,
.. METIHOD OF BY.1,LING
. 9 . Cost rn anrj° p i ". tiara n Compensation
o
t MSULTANT khall Submit billings that are identified byp i t Task Order
w
number on as mon-dily bassis in a fintely manner for all persormel bouns and reimbursable�
v
expenses attributable to the as Order. These billings shall identify the t . ofthe
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work performed, the toil hourscif work performal and the valployee categoKyand
name of the individuals pr;' Cnr rn me, Billings shall hanize and sionmarizea
reimbursable expenw by category and identify ire as to the perseimelcan na .w, the
J
expense . the tore of the work: with which "pense was associated. 'Where
r
prior written approval by Contract AthninistraLor is Cn for reirribursablec
expenses, .rises, the appro%,41 sWI ar rrr rtrn� r .fin 'r� ��,
°—
The treat shall show as summary salary costs and reimbursable expenses with
fll
accrual of the total rr crvdits for portions i previously, External reimbursable
expenses and sub-irmsultantfeesmust be domunented by copies of invoicesor receips
that i ra ,t o the �contain Task Order number or Cattier
r
identifier t clearly indicates t.e expense is identifiable to the Task Order.
Subsequent addition of the identifier to the irrvoicc or roccipt by the 1;t" N"r
is not acceptable except for meals and navel exjxnsm8 Appropriate�
('3ONSULTANIT's cost accounting fonnsatn an SLUTimary of charges incest document
�
internal expenses by cave -gory. Wben mquesteJ, CONSULTANT shall provide backup
>,
for past, and catrait invoices that records hours and nates by employee o e M
�
reimbursable nns s by category, and subcontractor , on rr ` Is means, t tCr
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hours and coqb by taisk way6 detannined.
V
33. Ifr u , CONSULTANT shall provide copies of past paid involcles to any
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subcontractor ox sub-consultwit pricer to receiving payment. C1111 mwryes the
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right to pay arty subcontractoT or sub-collsul,tant if UL has not peen
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era. timely and the senvices of the subconmActor or sub-cmnsultant am necessary to
Complete e AS r any Task Order.
WWL
r
Address: AWrorn & Associates, Inc.
A',
6.1. CITY shall sit assCATNpaaUAs disposal all
infaimation CITY has available pertinent to theTask Order including previous reports and
any other data relative to design or construction of the Task Order.
6.2. CITY shall arrange for access G. and make all provisions for, CONSULTANT to enter
upon public and private property as required for CONSULTANT to perform its services.
th.;LULVAb AII y commns Cntffied n
eTkOdendeponnwtngwnenwthnhetmeeorhn th%
Task Order or within a reasonable time.
6.4. CFPY shall give prompt written notice to CONSULTANT whenever CITY observes or
otherwise be comes aware of any development that affects the scope or timing of
CONSULTANT's services or any defect in the work of any Contractor.
7.2. TERMINATION
7.23. This Agreement maybe terminated with or without cause by CITY at anytime.
72.2. Notice of tonnination shall be provided in accordance with pwaVaph 7.12
NOTICES of ibis Apeament,
73. AUDIT RIGHT AND Rrrmnm OF RECORDS
73.1. CITY shall have the right to audit the book,% records, and accounts of
CONSULTANT that are related to any Task- Order. CONSULTANT shall keep
such books, zwords, and accounts as may be necessary in order trjmyard complete
and correct entries related tD the Task Order.
7.3.2. CONSULTANT shall preserve and make available, at re"onable times for
examination and wudit by CITY, all financial records, sup1mring docurnm its,
statistical remds, and way othor documerts pertinent to this Agreement for the
required reftntion period ofthe Florida Public Records Act (Chapter 119, Fla. Stat.),
04
if applicable, or, if the Florida Public Records Act is art applicable, for a minimum
period of On-ee (3) 3ews after termination of this Agreement. If wly audit has
been initiated and audit findings have not twn resolved at the end of the retention
period or three (3) yeam, whichever is longer, the books, records, and accowts
shall be retained until resolution of the audit fmdirxg& If the Florida Public Rewrds
Act is deteimined by erry to be applicable to CONSULTANT's records,
CONSULTANT shall comply' with all requirements thereof; however,
CONSULTANT shall violate, no confidentiality or non -disclosure requirement oi
either federal or to law. Any incomplete, or incorrect enny in such Imoks,
records, mid accounts shall be a basis for CrrY's disallowance and recovery of
any Payment Upon such entry.
7.4. NONDISCRBUNATION, EQUAL EMPLOYMENT OPPORTUNITY,
MAE RICANS WITH DISABILITIES ACT, AND EQUAL BENEFITS FOR
DOMESTIC PARTNERS
Packet Pg. 556
7.4.3. Consultant shall comply with City Ordinance See. 2-799 Requirements for C]
Contractors to Provide Equal Benefits for Domestic Partners
7.5.3. CONSULTAN'r shall promptly notify CITY4 it or any subcontractor or sub -consultant
is formally charged with an act defined as a "public entity crime" or has been placed on
the convicted vendor list.
Packet Pg. 557
7.6. SUB -CONSULTANTS
IN
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Hourly rates for sa h old b nstrl its are n Edtacbed Exhibit A. .9—
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`" ..I x Neither Ills Agreernent nor any Interest Derain shall be assigred, transferred, or
encumbered by either psuty and CONSULTANT
- shall not Subcontract any portion of N
t e, work required by this Agreement except as authorized pursuant t
Section E e ell
" . � CONSULTANT -rpprements that all persons delivering the senAces required by his
Agreernew and shills, eltl&er° by tmining- experience, d c tl rrr,
r a combination thereof, to adequately and comp r tlw F)crforrn the dudes,
obligations, and services set fi rth in the Scope. of Services and to provide and redo __
such m 3 s t 's satisfaction for the, aV d compensation,
7.7- . rNU° Aw shall perfonn its duties, obligations, and ser l ° s under this Agreemena
In a skill it and respectable manner. I'"lie quality of LTT's performance
d all interim and final i s provided to or on behalf of ary sitall be in
accordance with ire standard f care set forth In Paragraph , A
7.7.. CONSULLANT shall not chanp2 or replace overall project manager identified in, the
WNSTALTANT's response to the RFQ without the Contract d im tnr's prior
written approval,
71. INDEMNIFICATION OF CITY
7.8... To the fullest extent permitted by law, the CONSULTANT expressly agrens tf:)
indeinnify and hold harmless the City of Key West, their officem, dirextors, agents,
and em ployees (herein called the "lrrd rntuti s') from. liabilities, damages, losses and
Packet Pg. 558
0
7.9. INSURANCE
Auto Liability
$1.000,000
Combined Single Limit
General Liability
$2,000,000
Aggregate (Per Project)
$2,000,000
Products Aggregate
$1,000,000
Any One Occurrence
$1,000,000
Personal Injury
$ 300,000
Fire Darnage/Legal
Professional Liability
$1,000,000
Per Claim / Aggregate
Additional Umbrella Liability
$2,000,000
Occurrence / Aggregate
7.1.3. Notwithstanding any other provision of the Contract, the CONSULTANT shall maintain
complete worker's compensation coverzige-for emh and every employee, principal, officer,
representative, or agent of the CONSULTANT who is performing any labor, services, or
material under the Contract Further, CONSULTANT shall additionally maintain the
following mmum limits of coverage:
7.9.8.—It shall be the responsibility of the Consultant to ensure that all sub-
consultants/subcontractors comply with the same insurance requirements as is required of
consIUM(A.
Packet Pg. 560
Consultwit to take out and/or maintain any required insurance shall not relieve the
Consultant fiom any liability under the contrau, nor shall the insvrance requiranents be
construed to conflict with the obflgafions of the Consuhnt concerning indemnification,
7.10. REPRESENTATTVF, C)ri Cli'll AND CONSUI;rAMF
7� 1 O. 1, The parties wwgnize dmit questions in the day-to-day conduct of the Task Order vAll
aire. The Contract Administrator, upon CONSULTANrs requenA, shall advise
CONSULTANT in witing of one (1) or more CrrY employeez to whom a
conununications pertaining to the day-to-day conduct of the Task Order sffiAll be
addressa
M0.2. CONS(,-,I;rANr shall info the Contract Administmor in writing of
CONSULTANTa representative to whom maftrs involving the conduct of the, Task
Order shall be addressed,
7 11.2. ft is further agree4 that no modification, am meat or alteration in the terms or
conditions contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity hereivith.
FOR CMV OF IKEY WEST.
City of Key Wmet
1300 White Stred
Key Wesi, FL 33040
I Packet Pg. 561
,,Illlll 111 11 1 1 1
Contact Name; AvIrom & Associates, Inc.
. . .......... ... . .
Address: 50 SW 2nd Avenue, SuRe 102
Boca Raton, FL 33432
7.15. CONSULTANT'S STAFT
M f
f
CONSULTANr shall obtain prior written approval of Contract Administrator to
change key staff. CONSULTANT shall provide Contract Administrator with such
information as necessary to determine the suitability of proposed new key staff.
Contract Administrator shall be reasonable in evaluating key staff qualifications,
7.1153. If Contract Adminigtrator sl ,° to ,. q nestremoval of any of CONSULUNI's stafff
Core � dn's ter shall first withCONSUL`lm and a reasonable
justification for ..,. removal,
7.15A, The CITY reserves the right to approve the membem of the Consulting,feam and the
rules theie will undertake in the assignment. The 's of a tom, manber
shall not be ur-reasonably withheld.
7.15.7. the event of the death, incapacity or terraination of employment of Wy member
Use s lting 1'earn before Compiction of the Services, the Consultant shall 8, t :its own
expense and as soon as ressonably Mcficable arrange to substitute r replace the
individual membw concerned,
7
1,15.8,'rhe Consultant shall ensure tin t �Lh substitute,, r ruplacenient is no less qualified In
t ries of relevant experience and lifi r °tips than the outgoing individual and is
available at, the relevant time to act as such replacelnent or substitute. `lie
Conxaltwft sball without delay forward curriculumvitae of the proposed substitut)er
replacentent to the ClITY. " . deplo-
subject to the CITI Y's consent. ymero of such tshill be
7.15.9. The Ccarsultant shall solely be responsible for all direct, indirtet and
consequential costs or losses that may arise from the substitution or replacement o
gibers orthe Consulting., is
mil"».INDEPEENDENTCON'17RACTIOR
CONSU ,� � is are independent �ontractoriinderthisAgreemecit, SendcesprovideAby
CONSULT ANT shall be sukiect to the supervision of CONSMXANT, In providing the
services, ULTANTor its agetas shall not be acting and,shill not be dee. el as acting
as officers, employees, or agents of the CrTY, nor shallIffiev accrue any ofthe rioats or
benefits of a CITV employee. 'Me panties expressly acknowledge tlist it is not their intent
to crewtoany rights or obligations in any third person or entity under this A Eu ment.
,17. '11111RD
Neither CONSUVIANTnor CITY intend directly or substantially to benefit a third
party by this Agreement, 11terefore, the parties agree t eat theme o: no third pay
beneficiaries to this Agreement and that no third partyshill be entitled to assert a claim
against eftlwr of thern based upon this Agreement, No subcontractor or su,,,, nnsuiits t,
7.18. 1. Neither CONSULTANT nor its employees shall have or hold any continuing or
frequently recurring employment or coMractual relationship that is substantially
antagonistic or incompatible with CONSULTANT's loyal and conscientious exercise
ofjudgment related to its performance under this Agreement.
7. 18.3. In the event CONSjjLTAw is permitted to use sub -consultants tD perform any
services required by this Agreement, CONSULTANT agrees to prohibit such sub -
consultants from having any conflicts as within the meaning of this section, and shall
so notify them in writing.
7.20.1. Failure by CMY to enforce any provision of this Agreement shall not be deemed a
waiver of such provision or modification of this Agreement, A waiver of any breach
of a provision of this Agreement shall not be deemed a waiver of any subsequent breach
and shall not be construed to be a modification of the terms of this Agreement
7.20.2. MY and CONSULTANT agree that each requirement, duty, and obligation set forth
herein is substantial and important to the formation of this Agreement and, therefore, is
a material term hereof,
7.2 . COMPLUNCLE WFn1LAWS
NSIA., t ANT rhtI oemply with federrd,ate, and local laws, nodes, ordinances, rules,
and regdationsin perfisrauingits dudets, responsibilities, and obligations related to this
Agr,• . rrrrt applicable the time the scove of services was drafftedfor this ,,,, • nrrr . • t. In
addition, at, the time eacb Task Order is eecouted, any revisionslivable fedened state,
n laws, codess, ordinances, niles and r tion r t apply.
In the agent .this Agreement or a portion of this Agreement is found by a court
somp-tentjurisdiction to Ewe invalid, the remaining visions shall continue to be effective
Unless f or CONSULZANT clects to terminate twits tbAgreement.
.21PkWATION
Preparation of its went has been a ioint effort ef Cr-1'Y and ONTS u id
the -resulting ocument shall not, soilely as a matter of Judicial construction, be construed
snore severely against one of the parties than any other.
w PRIORITY OFPROVISIONS
If there is a oonflict or inconsistency between arm term, statement, requirement, or
provision of any exhibit atteictied hereto, any docurocer or eve. -Its referred to herein, or any
docLu ent fircorperated into this Agree —merit reference a: ten , stuatenient,
requirement, or provision of this Agreement, the tenurn, statement, eciu min t, � r
Provision contained in Articles l throueh 7 f this Ar. nr rrt shall prevail and be given
effect
7.25. APPLICABLE LAW AND VENUE
The laws of the She of Florida govern the validity of this n ent, its interpretation
mrrl perfisrinance, and arry claims related to it, "rhe venue for mediation, arbitration or any
other legal prcsosefing shall be Monroe County., Florkla.
26. INCORPORATION BY RE 1MREf NCE
The attached exhibits are incorporated into and marle a part of this :. rumt:
Exhibit A — CrL' C /9:r�,corr hints' Hourly Rites
This Agreement may be executed In three 0) counterparts, each of which shall, be
deenruA to be nrl in L
IN WrINESS WHEREOF, the Parties herda have made and executed this Agreement on the
® dates under each sipaUm.
By: IV CTY OF KEY WEST By-.
I I
N
vx k/
i s Srho 1, City Manager
MWael D. Avirorn, President
MW mme MW 7ub)
-L+_day of _kd6��, 20J 14--Oy of -May 20 18
Attest:
.......... .
1�anW China
day ® A/10 , of May
_20L I 20 18
Hourly Fee Schedule
Comqav Nme-, — ywp
Date: may 14, 2018
LM
Principal
150.00
Professional Land Surveyor
110.00
Survey Field Crew
135.00
GPS Crew
150.00
CADD Technician
90.00
.. I
INSURANCECERTIFICATE OF LIABILITY
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City of Kay West Atm., Doug Bradshaw, Sr. Pro)ect Mgr. cer?
3140 Flagler AvenueThe xt
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ACORD name and 690 am malatered marks 6tACORD
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AVIROM &
ASSOCIATES, INC.
SURVEYING & MAPPING
Ha E-kfaib ffivuejuet @ycityqfikqyvvest-fj.,Foj,
Re: Cit y qfKey West - Surveying Services Contract
We look forward to continuing to work with the City of Key West. The following is in response
to your May 11, 2018 e-mail:
E
T-
Survey Field Crew
GPS Crew
CADD Technician
50 SW 2 "d Avenue, Suite 102 Boca Raton, Flodda 33432
5613922594 www.aviromsurvey.com