Item C18 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 16, 2014 Division: Public Works/Engineering
Bulk Item: Yes X No Department:—En gineering Services Department
Staff Contact Person/Phone 9: Judy Clarke X4329
AGENDA ITEM WORDING: Approval of a task order with Stantec Consulting Set-vices, Inc. for
Construction Engineering and Inspection (CEI) services for US t Bayside Shared Use Path pro.ject,
Key Largo. The task order is being awarded under the On Call contract for Professional Services.
ITEM BACKGROUND: The County requires the services of a CEI consultant to perform inspection
services during construction of US I Bayside Shared Use Path in Key Largo.
PREVIOUS RELEVANT BOCC ACTION: In January 2014, the BOCC approved the Stantec -
On Call Professional Engineering Services Agreement. In February 2014, the BOCC approved a
County Incentive Grant Program (CIGII) With Florida Department of Transportation (FOOT) to provide
$1,053,021 grant funding for construction and CEI services. At the same time, the BOCC approved
negotiating a contract with Stantec Consulting Services, Inc. for CEI services for US I Bayside Shared
Use Path project.
CONTRACT/AGREEMENT CHANGES: Contract attached.
'STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $185 512 20 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: not applicabbt.e
COST TO COUNTY:— $185.512.20 SOURCE OF FUNDS District 3 transportation impact
fees
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH--,,,- Year
APPROVED BY: County Atty OMB/1"Lufflasfiig_ Risk Management '�_
DOCUMENTATION: Included Not Required
DISPOSITION:nwwwwwwwww wwwwITITAGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Stantec Consulting Contract#
Services,Inc. Effective Date: July 16,2014
days
Expiration Date: 270 s from Notice to
P �'
Proceed
Contract Purpose/Description:
• Construction Engineering and Inspection(CEI)services for the US 1 Bayside
Shared Use Path Pro"ect.
Contract Manager: Judy Clarke 4329 En ineerin #1
(Name) (Ext.) (Department/Stop#)
for BOCC meetin on 7/16/2014 A enda Deadline: 7/1/14
CONTRACT COSTS
Total Dollar Value of Contract: $ 185,512.20 Current Year Portion:$ 56,000.
Budgeted? Yes X No Account Codes: 125
Grant: $ N/A - - -
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
is t included in dollar value above) ie , maintenance,utilities,janitorial,salaries„etc.
CONTRACT REVIEW
Changes Date Out
;Date� lee end e i e
Division Directory Yesl �,
Risk,Management �' �� Yes :]Nd � ����� W� Y z ,,1`, � fm ;��
O.M.B.JPurc sing
- - to Y s[:]NoE] � ��.w� Cc 2,7 /L/
i ... �Comity Attorney LeNL ��.� YcsEJ Now
Comments:
OMB Form Revised 2/27/01 MCP#2
TASK ORDER FOR ON CALL PROFESSIONAL SERVICES BETWEEN
MONROE COUNTY AND STANTEC CONSULTING SERVICES, INC.
FOR
US1 BAYSIDE SHARED USE PATH PROJECT
In accordance with the Continuing Contract for On Call Professional Engineering
Services made and entered on the 16th day of January 2014 between Monroe County
hereinafter referred to as the "County" and STANTEC CONSULTING SERVICES, INC.
hereinafter referred to as "Consultant" where professional services are allowed if
construction costs do not exceed $2,000,000.
All terms and conditions of the referenced Contract For On Call Professional
Engineering Services apply to the Task Order, unless the Task Order modifies an Article
of the Agreement of which will be specifically referenced in this Task Order and the
modification shall be precisely described.
This Task Order is effective on the 16th Day of July, 2014.
Article II Scope of Basic Services, Paragraph 2.1.1 is amended as follows:
The scope of services for US1 Bayside Shared Use Path Project will include
construction engineering and inspection (CEI) services for construction of an asphalt
path on the right of way U.S. 1 in Key Largo. Details of the scope of services are
included in Exhibit A attached to this task order.
Article VII, Paragraph 7.1 is amended to include the following:
The Consultant shall be paid monthly based on hourly rates per the continuing services
contract and estimated staff hours as follows:
Personnel Estimated Hourly
mIT rly Rate Total
Hours
Senior En ineer 171 $144.00 $24,624.00
Senior CEI Inspector ..._. _ 156� m $104 00 umm $1166,224.00
CEI Inspector _m 1,560 ,_
._. $87.00 135 720 00_
Estimated Ex enses: Mileage and Vehicle $8,944.20
Total Not To Exceed Amount $185,512.20
A total not to exceed amount of one hundred eighty five thousand five hundred twelve
dollars and twenty cents ($185,512.20)will apply.
Article IX Miscellaneous, Paragraph 9.21 is amended to add the following:
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public
records laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required
by Monroe County in order to perform the service.
US Shared Use Path
Stantec Consulting Services,Inc.
July 16,2014
Page l of 17
(b) Provide the public with access to public records on the terms and conditions that
Monroe County would provide the records and at a cost that does not exceed the cost
provided In Florida Statutes, Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Most all requirements for retaining public records and transfer, at no cost,to
Monroe County all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidentlal and
exempt from public records disclosure requirements.All records stored electronically
must be provided to Monroe County In a format that Is compatible with the Information
technology systems of Monroe County.
Paragraph 9.29 Federal Highway Administration Requirements do not apply to this
Project.
IN WITNESS WHEREOF, each party caused the Task Order to be executed by Its duly
authorized representative.
Consultant Witness;
Stantec Consulting Services, Inc.
�. t
19 Date Signature
This
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest:Amy Heavilin, Clerk OF MONROE COUNTY, FLORIDA
By: by:
Deputy Clerk Mayor/Chairman
Date:
MONROF CO NT 1. Y t1fTORNEY
PFR( '7111'141(t
U AS TO FORM: USI Shued UnPath
Suet=Consulting Services,Inc.
-60U July 16.2014
CHRISTINE M. L.16w B RT•1IARROWS, Pope2of17
ASSISTAN 41 r Y ATTORNEY
Date U tl
Exhibit A
1.0 SCOPE OF SERVICES:
The US 1 Bayside Shared Use Path Project consists of construction of a 10' wide
paved shared use path on the bayside right of way of US 1 from approximately
MM 100 to MM 106 in Key Largo, Florida. The construction scope of work
includes clearing and grubbing vegetation, trimming and relocating trees as
needed, construction of a 10' wide asphalt path, installation of required pavement
markings, signage and stormwater structures and construction of a gravity wall in
one area. The scope includes placing sod to restore the right of way and
incidental work such as replacing guardrails and mailboxes, installing bicycle
railing and performing driveway maintenance, and all other work shown on the
plans and described in the contract documents. The Consultant shall provide
Construction Engineering and Inspection Services for the US 1 Bayside
Shared Use Path Project.
The Consultant shall exercise their independent professional judgment in
performing their obligations and responsibilities under this Task Order. Pursuant
to Section 4.1.4 of the FDOT's Construction Project Administration Manual
(CPAM), the authority of the Consultant's lead person, such as the Senior Project
Engineer, and the Consultant's Project Administrator shall be identical to the
Department's Resident Engineer and Project Administrator respectively and shall
be interpreted as such.
Services provided by the Consultant shall comply with FDOT manuals,
procedures, and memorandums in effect as of the date of execution of the Task
Order unless otherwise directed in writing by the County.
On a single Construction Contract, it is a conflict of interest for a professional firm
to receive compensation from both the County and the Contractor either directly
or indirectly.
The Consultant shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the
Consultant during the term of the Contract and shall expressly require any
subconsultants performing work or providing services pursuant to the Contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the subconsultant
during the Contract term.
2.0 LENGTH OF SERVICE:
The Consultant services for the Construction Contract shall begin upon written
notification to proceed by County.
The Consultant Senior Project Engineer will track the execution of the
Construction Contract such that the Consultant is given timely authorization to
begin work. While no personnel shall be assigned until written notification by the
County has been issued, the Consultant shall be ready to assign personnel
US Shared Use Path
Stantec Consulting Services,Inc.
July 16,2014
Page 3 of 17
within two weeks ofnotification. For the duration of the project, the Consultant
ahe|| coordinate closely with the County and Contractor to minimize rescheduling
of Consultant activities due to construction delays or changes in scheduling Of
Contractor activities.
For estimating purposes, the Consultant will be o||ovved an accumulation of thirty
working days to perform preliminary administrative services prior to the issuance
of the Contractor's notice to proceed and thirty calendar days to demobilize after
final acceptance of the Construction Contract.
Construction Contract Estimate
Bid Date Start Date Duration
June 17, 2014 August 4. 2014 270 days
3.0 :
A. The Engineer assigned to a particular Project or area
to administer Construction Contracts for the County.
B� The County employee assigned to
manage the Construction Engineering and Inspection Comb'ont and
represent the County during the performance of the services covered
under this Agreement.
C. Engineer of Record: The Engineer noted mn the Construction plans aathe
responsible person for the design and preparation ofthe plans.
O. The Consulting firm under uomtm8Ct to the County for
administration of Construction Engineering and Inspection services.
E. : The Professional Services Agreement between the County
and the Consultant setting forth the obligations of the parties theretm,
including but not limited to the performance of the xvorh, furnishing of
services, and the basis ofpayment.
F. : The Engineer assigned by the
Consultant to be in charge of providing Construction Contract
mdnn|miatmkion for one or more Construction Projects. This person may
supervise other Consultant employees and mot as the lead Engineer for
the Consultant.
� (3 � The employee assigned, by the
� . '
Consultant to be in charge of providing Construction Contract
administration services one ormore Construction Projects.
H. The individuo|, firno, or company contracting with the County
for performance of work or furnishing of materials.
|. Construction Contract: The written agreement between the County and
US| Shared Use Path
� Smntec Consulting Services,Inc.
| July |6.zV|4
Page uv,l7
/
�
�
the Contractor setting forth the obligations of the parties thereto, including
but not limited to the performance of the vvork, furnishing of labor and
nmahario|a, and the basis mfpayment.
J. CPA�: Florida Department of Transportation, Construction Project
Administration manual; latest.
K Departmen : Florida Department ofTransportation
L. : Florida Department ofTransportation,
yN. : Monroe County Board of County Commissioners,
4'W :
4.1 :
It shall be the responsibility of the Consultant to administer, monitor, and
inspect the Construction Contract such that the project is constructed in
reasonable conformity with the p|ans, spen|f|omUOnS' and special
provisions for the Construction Contract.
The Consultant shall observe the Contractor's work to determine the
progress and quality of mxork, identify diaom*panniea, report significant
discrepancies to the Cmunh/, and direct the Contractor to correct such
observed discrepancies.
The Consultant is hereby designated by the County to negotiate
Supplemental Agreements. However, the Consultant must seek input
from the Construction Project Manager. The Consultant shall prepare the
Supplemental Agreement aao recommendation to the County, which the
County may accept, modify or rejectupon review. The Consultant shall
consult with the Construction Project Mana8er, as it deems necessary
and shall direct all ieowee, which exceed its delegated authority to the
Construction Project K8anogerforCounb, octimnordin»ction.
The Consultant shall advise the Construction Project Manager of any
significant omissions, substitutions, dgfe(ts, and deficiencies noted in the
work of the Contractor and the corrective action that has been directed to
be performed by the Contractor. Work provided by the Consultant shall
not relieve the Contractor of responsibility for the satisfactory
performance of the Construction Contract.
4.2 Survey Control,:
The Consultant shall check or establish the survey control baseline(s)
along with sufficient baseline control points and bench nlGrke at
appropriate intervals along the project in order to: (1) make and record
USi Shared Use Path
8/antec Consulting Services,luu.
July |6.0|4
� Page 5"f17
�
such measurements as are necessary to calculate and document
quantities for pay items; (2) make and record pre-construction and final
cross section surveys of the project site in those areas where earthwork
(i.e., embankment, excavation, subsoil excavation, etc.) is part of the
construction project; and (3) perform incidental engineering surveys. The
Senior Project Engineer will establish the specific survey requirements for
each project prior to construction.
Any questions or requests for "Waiver of Survey" should be directed to
the Senior Project Engineer.
4.3 On-site Inspection:
The Consultant shall monitor the Contractor's on-site construction
activities and inspect materials entering into the work in accordance with
the plans, specifications, and special provisions for the Construction
Contract to determine that the projects are constructed in reasonable
conformity with such documents. The County will monitor all off-site
activities and fabrication. The Consultant shall keep detailed accurate
records of the Contractor's daily operations and of significant events that
affect the work.
Consultant shall be responsible for monitoring and inspection of
Contractor's Work Zone traffic control plan and review of modifications to
the Work Zone Traffic Control Plan, including alternate Work Zone Traffic
Control Plan, in accordance with F.D.O.T. procedures. Consultant
employees performing such services shall be qualified in accordance with
F.D.O.T. department procedure.
4.4 Sampling and Testing:
The Consultant shall perform sampling and testing of component
materials and completed work in accordance with the Construction
Contract documents. The minimum sampling frequencies set out in the
Department's Materials Sampling, Testing and Reporting Guide shall be
met. In complying with the aforementioned guide, the Consultant shall
provide daily surveillance of the Contractor's Quality Control activities at
the project site and perform the sampling and testing of materials and
completed work items that are normally done in the vicinity of the project
for verification and acceptance.
The Consultant shall be specifically responsible for job control samples
determining the acceptability of all materials and completed work items on
the basis of either test results or verification of a certification, certified mill
analysis, DOT label, DOT stamp, etc.
Sampling, testing and laboratory methods shall be as required by the
Department's Standard Specifications, Supplemental Specifications or as
modified by the special provisions of the Construction Contract.
US Shared Use Path
Stantec Consulting Services,Inc.
July 16,2014
Page 6 of 17
Documentation reports on aannpKno and testing ahm|| be submitted to
responsible parties during the same week that the construction work is
done.
If required, the Consultant will transport eornp|es to be tested in a
Department laboratory to the appropriate laboratory or appropriate local
FOC}Thaci|ity.
The Consultant will review and approve contractor samples in F[}OT'a
L|K8S system.
The Consultant will input verification testing information and data into the
Department's L|N18 system database using written instructions provided
hy the Department.
4'5 Engineering Services:
The Consultant shall coordinate the Construction Contract administration
mot|v|tiaa of all parties other than the Contractor involved in completing the
construction project. Notwithstanding the above, the Consultant is not
liable to the County for failure of such parties to follow m/hUen direction
issued by the Consultant.
Services include maintaining the required level of surveillance of
Contractor a{tiv|t|es, interpreting p|ana. specifications, and special
provisions for the Construction Contract, maintaining ounnp|ete, accurate
m*oonda of all activities and events relating to the project, and properly
documenting all significant project changes. The Consultant will also
provide coordination with Florida Department of Transportation (FD{}lF)
contractors who may be working on the US 1 right of way within the limits
of the Project. The Consultant shall perform the following services:
(1) Schedule and attend, within tan days after the Notice to Proommd,
a pre-construction conference for the project in accordance with
County and FOOT procedures. The Consultant shall provide
appropriate staff to attend and participate in the pre-construction
meeting.
(2) The Consultant shall record a complete and concise record of the
proceedings of the pre-construction meeting and distribute copies
of this summary to the participants and other interested parties
within seven days.
(3) Analyze the Contractor's aoheUu|o(a) (|.e. bgea|ina(a), revised
baoe||ne(e), updatam, mo-buUt, etc.) for compliance with the
contract documents. Elements inC|uding, but not limited to.
� completeness, |OgiC, durations, aC1ivitv. Ooxx, milestone da[es,
connurnenoy, resource allotment, and delays will be reviewed.
Verify the schedule conforms with the construction phasing and
K8{jlF eequences, including all contract modifications. Provide a
oS| Shared Use Path
Staotec Consulting Scmicuo.Inc.
|v\x 16.2014
Page 7vf\7
written review of the schedule identifying significant omissions,
improbable or unreasonable activity durations, errors in logic, and
any other concerns as detailed in CPAM.
(4) Verify that the Contractor is conducting inspections, preparing
reports and monitoring all storm water pollution prevention
measures associated with the project.
(5) Analyze problems that arise on a project and proposals submitted
by the Contractor, endeavor to resolve such issues, and process
the necessary paperwork.
(6) Produce reports, verify quantity calculations, field measure for
payment purposes as needed to prevent delays in Contractor
operations and ensure prompt processing of such information in
order for the County to make timely payment to the Contractor. .
(7) Provide Public Information services as required to manage
inquiries from the public, public officials, and the news media.
Prepare newsletters for distribution to adjacent property owners.
The County Construction Project Manager shall approve all
notices, brochures, responses to news media, etc., prior to
release.
(8) Prepare and submit to the Construction Project Manager monthly,
a Construction Status Reporting System (CSRS) report.
(9) Schedule and conduct a meeting with the County Engineering
Office at least 45 calendar days prior to project final acceptance.
The purpose of this meeting is to discuss the required
documentation, including as-builts, necessary to close out the
permit(s).
(10) Video tape the pre-construction conditions throughout the project
limits. Provide a digital photo log or video of project activities, with
heavy emphasis on potential claim items/issues and on areas of
real/potential public controversy.
(11) The Consultant shall have a digital camera for photographic
documentation of noteworthy incidents or events to cover the
following areas:
(a). Pre-construction photographs
(b). Normal and exceptional progress of work
(c). Critical path activities
(d). Accidents showing damage
US Shared Use Path
Stantec Consulting Services,Inc.
July 16,2014
Page 8 of 17
(e). Unsafe working conditions
(f). Unusual construction techniques
(g). Damaged equipment or materials
(h). Any activity, which may result in claims
These photographs will be filed and maintained on the
Consultant's computer. Copies of photographs will be
electronically transferred to the County at an interval determined
by the Senior Project Engineer and the Construction Project
Manager.
The taking of the photographs shall begin the day prior to the start
of construction and continue regularly throughout this project.
Photographs shall be taken the days of Conditional, Partial and/or
Final Acceptance.
(12) Monitor each Contractor and Subcontractor's compliance with
specifications and special provisions of the Construction Contract
in regard to payment of predetermined wage rates in accordance
with FDOT procedures.
(13) Provide a Resident Compliance Specialist for surveillance of the
Contractor's compliance with Construction Contract requirements.
The Resident Compliance Specialist is responsible for reviewing,
monitoring, evaluating and acting upon documentation required for
Construction Contract compliance, and maintaining the
appropriate files thereof. Typical areas of compliance
responsibility include EEO Affirmative Actions for the prime
contractor and subcontractor, DBE Affirmative Action, Contractor
Formal Training, Payroll, and Subcontracts. The Resident
Compliance Specialist must keep all related documents and
correspondence accurate and up to date; attend all compliance
reviews and furnish the complete project files for review; and
assist the District Contract Compliance Manager as requested.
(14) As needed, prepare and make presentation before the Dispute
Review Boards in connection with the project covered by this
Agreement
5.0 ITEMS TO BE FURNISHED BY THE COUNTY TO CONSULTANT:
A. The County, on as needed basis, will furnish the following Construction
Contract documents for this project. These documents may be provided
in either paper or electronic format.
US Shared Use Path
Stantec Consulting Services,Inc.
July 16,2014
Page 9 of 17
1 Construction Documents (drawings, specifications)
2 Special Provisions
3 Copy of the executed Construction Contract.
6.0 ITEMS FURNISHED BY THE CONSULTANT:
6.1 County Documents:
All applicable documents referenced herein shall be a condition of this
Agreement.
62 Vehicles:
Vehicles will be equipped with appropriate safety equipment and must
be able to effectively carry out requirements of this Agreement.
Vehicles shall have the name and phone number of the consulting firm
visibly displayed on both sides of the vehicle.
6.3 Field Equipment:
The Consultant shall supply survey, inspection and testing equipment,
essential in order to carry out the work under this Agreement. Such
equipment includes those non-consumable and non-expendable items,
which are normally needed for a CEI project and are essential in order
to carry out the work under this Agreement.
Hard hats shall have the name of the consulting firm visibly displayed.
Equipment described herein and expendable materials under this
Agreement will remain the property of the Consultant and shall be
removed at completion of the work.
The Consultant's handling of nuclear density gauges shall be in
compliance with their license.
The Consultant shall retain responsibility for risk of loss or damage to
said equipment during performance of this Agreement. Field office
equipment shall be maintained and in operational condition at all times.
6.4 Licensing for Equipment Operations:
The Consultant will be responsible for obtaining proper licenses for
equipment and personnel operating equipment when licenses are
required. The Consultant shall make the license and supporting
documents available to the County, for verification, upon request.
Radioactive Materials License for use of Surface Moisture Density
Gauges shall be obtained through the State of Florida Department of
Health.
US Shared.Use Path
Stantec Consulting Services,Inc.
July 16,2014
Page 10 of 17
7.0
The Consultant shall keep the Construction Project Manager informed of all
significant aotiviUes, decieions, norneopondenoa, reports, and other
communications related to its responsibilities under this Aoreennant, and seek
input from the Construction Project Manager in order for the Construction Project
Manager 10 oversee the Consultant's performance.
Agreement administrative duties na|oUng to Invoice Approval Requeabm,
Personnel Approval Requests, User |[] Requests, Time Extension Requests, and
Amendment and Supplemental Amendment Requests shall be reviewed and
approved by the Construction Project KAanmOer.
8.0 z
8'1 General Requirements:
The Consultant shall staff the project with the qualified personnel
necessary hm efficiently and effectively carry out its responsibilities under
this Agreement. Not all positions listed b*|ovv may be required; huvvever,
personnel performing a specific task must have the qualifications required
for the task.
Unless otherwise agreed by the County, the County will not compensate
straight overtime or premium overtime for the positions of 8em|mr Project
Engineer, Project Administrator, Contract Support Speo|a||Gt, and
Associate Contract Support Specialist.
8.2 Personnel Qualifications:
The Consultant shall utilize only competent penaonna|, qualified by
enperienoe, and education. The Consultant shall submit in writing tothe
Construction Project Manager the mmnnms of personnel proposed for
assignment to the project, inu|ud|n0ede{ai|ednesunne for each containing
at a minimum sa|ary, education, and experience. The Consultant Action
Request form for personnel approval shall be submitted to the
Construction Project Manager at least two weeks prior to the date an
individual is to report towork.
� Personnel identified in the Consultant technical proposal one to be
assigned as proposed and are committed to performing services under
this Agreement. Personnel changes will require written approval from
County. Previously approved eioff, whose performance iGunsatisfactory,
shall be replaced by the Consultant within one week of County
notification.
Before the project bmQina, all project staff shall have a working knowledge
of the current CPAM and must possess all the necessary
qualifications/certifications for obtaining the duties of the position they
hold. Cross training of the Consultant's project staff is highly
�
8l0b Shared Path
V �� p�
S/m`tec Consulting Services, Inc.
July 16,2014
Page l\vfn
/
|
recommended to ensure a knowledgeable and versatile project inspection
team but shall not be at any additional cost to the County and should
occur as workload permits. Visit the training page on the State
Construction Office website for training dates.
Minimum qualifications for the Consultant personnel are set forth as
follows. Exceptions to these minimum qualifications will be considered on
an individual basis. The County Engineer or designee will have the final
approval authority.
CEI SENIOR PROJECT ENGINEER - A Civil Engineer degree and be
registered in the State of Florida as a Professional Engineer (or if
registered in another state, the ability to obtain registration in the State of
Florida within six months) and six years of engineering experience (two
years of which are in major road and bridge construction), or for non-
degreed personnel the aforementioned registration and ten years of
engineering experience (two years of which are in major road or bridge
construction). Qualifications include the ability to communicate effectively
in English (verbally and in writing); direct highly complex and specialized
construction engineering administration and inspection program; plans
and organizes the work of subordinate and staff members; develops
and/or reviews policies, methods, practices, and procedures; and reviews
programs for conformance with County standards. Also must have the
following:
Qualification:
FDOT Advanced MOT
Pass the CTQP examination covering the training video "Grouting of
Bridge Post-tensioning Tendons" (If applicable)
Attend the CTQP Quality Control Manager course and pass the
examination.
Certifications: None
A Master's Degree in Engineering may be substituted for one (1) year
engineering experience.
CEI PROJECT ADMINISTRATOR -A Civil Engineering degree plus two
(2) years of engineering experience in construction of major road or
bridge structures, or eight (8) years of responsible and related
engineering experience, two (2) years of which involved construction of
major road and bridge structures.
Receives general instructions regarding assignments and is expected to
exercise initiative and independent judgment in the solution of work
problems. Directs and assigns specific tasks to inspectors and assists in
all phases of the construction project. Will be responsible for the progress
and final estimates throughout the construction project duration. Must
have the following:
US Shared Use Path
Stantec Consulting Services,Inc.
July 16,2014
Page 12 of 17
Qualifications: FDOT Intermediate MOT Pass the CTQP examination
covering the training video "Grouting of Bridge Post-tensioning Tendons"
(if applicable) CTQP Final Estimates Level II
Certifications: None
Other: Attend CTQP Quality Control Manager Course and pass the
examination.
A Master's Degree in Engineering may be substituted for one (1) year of
engineering experience
CEI CONTRACT SUPPORT SPECIALIST - A Civil Engineering Degree
or High School diploma or equivalent and four years of road & bridge
construction engineering inspection (CEI) experience having
performed/assisted in project related duties (i.e., progress and final
estimates, EEO compliance, processing Construction Contract changes,
etc.) or a Civil Engineering degree. Should exercise independent
judgment in planning work details and making technical decisions related
to the office aspects of the project. Should be familiar with the County's
Procedures covering the project related duties as stated above and be
proficient in the computer programs necessary to perform these duties.
Shall become trained in CTQP Final Estimates Level II course and
maintain a current qualification.
CEI SENIOR INSPECTOR/ CEI SENIOR ENGINEER INTERN — High
school graduate or equivalent plus four years of experience in
construction inspection, two years of which shall have been in bridge
and/or roadway construction inspection.
Must have the following:
Qualifications:
CTQP Concrete Field Inspector Level I
CTQP Concrete Transportation Construction Inspector(CTCI) Level II (all
bridges) CTQP Asphalt Roadway Level I (If applicable)
CTQP Asphalt Roadway Level II (If applicable)
CTQP Earthwork Construction Inspection Level I
CTQP Earthwork Construction Inspection Level II
CTQP Pile Driving Inspection (If applicable) CTQP Drilled Shaft
Inspection (If applicable)
CTQP Grouting Technician Level I (If applicable)
CTQP Post-Tensioning Technician Level I (If applicable)
FDOT Intermediate MOT
CTQP Final Estimates Level I
Certifications:
Nuclear Radiation
Safety
Or a Civil Engineering degree and one year of road & bridge CEI
US1 Shared Use Path
Stantec Consulting Services,Inc.
July 16,2014
Page 13 of 17
experience with the ability to earn additional required qualifications within
one year. (Note: Senior Engineer Intern classification requires one year
experience as an Engineer Intern.)
Responsible for performing highly complex technical assignments in field
surveying and construction layout, making, and checking engineering
computations, inspecting construction work, and conducting field tests
and is responsible for coordinating and managing the lower level
inspectors. Work is performed under the general supervision of the
Project Administrator.
8.3 Staffing:
Once authorized, the Consultant shall establish and maintain an
appropriate staff through the duration of construction and completion of
the final estimate. Responsible personnel, thoroughly familiar with all
aspects of construction and final measurements of the various pay items,
shall be available to resolve disputed final pay quantities until the
appropriate Construction Contract has been paid off.
Construction engineering and inspection forces will be required of the
Consultant at all times while the Contractor is working. If Contractor
operations are substantially reduced or suspended, the Consultant will
reduce its staff appropriately.
In the event that the suspension of Contractor operations requires the
removal of Consultant forces from the project, the Consultant will be
allowed ten (10) days maximum to demobilize, relocate, or terminate such
forces.
9.0 QUALITY ASSURANCE (QA) PROGRAM:
9.1 Quality Reviews:
The Consultant shall conduct semi-annual reviews to make certain his
own organization is in compliance with the requirements cited in the
Scope of Services. Quality Reviews shall be conducted to evaluate the
adequacy of materials, processes, documentation, procedures, training,
guidance, and staffing included in the execution of this Agreement.
Quality Reviews shall also be developed and performed to achieve
compliance with specific QA provisions contained in this Agreement. The
semi-annual reviews shall be submitted to the Construction Project
Manager in written form no later than one month after the review.
On short duration CCEI projects (nine months or less), the CCEI shall
perform an initial QA review within the first two months of the start of
construction.
US Shared Use Path
Stantec Consulting Services,Inc.
July 16,2014
Page 14 of 17
9.2 QA Plan:
Within thirty days after receiving award of an Agreement, the Consultant
shall furnish a QA Plan to the Construction Project Manager. The QA
Plan shall detail the procedures,evaluation criteria, and instructions of the
Consultant's organization to assure conformance with the Agreement.
Unless specifically waived, no payment shall be made until the County
approves the Consultant QA Plan.
Significant changes to the work requirements may require the Consultant
to revise the QA Plan. It shall be the responsibility of the Consultant to
keep the plan current with the work requirements. The Plan shall include,
but not be limited to, the following areas:
A. Organization:
A description is required of the Consultant QA Organization and
its functional relationship to the part of the organization performing
the work under the Agreement. The authority, responsibilities and
autonomy of the QA organization shall be detailed as well as the
names and qualifications of personnel in the quality control
organization.
B. Quality Reviews:.
The Consultant QA shall detail the methods used to monitor and
achieve organization compliance with Agreement requirements for
services and products.
C. Quality Records:
The Consultant will outline the types of records, which will be
generated and maintained during the execution of his QA
program.
D. Control of Sub-consultants and Vendors:
The Consultant will detail the methods used to control sub-
consultants and vendor quality.
E. Quality Assurance Certification:
An officer of the Consultant firm shall certify that the inspection
and documentation was done in accordance with FDOT
specifications, plans, standard indexes, and County procedures.
9.3 Quality Records:
The Consultant shall maintain adequate records of the quality assurance
actions performed by his organization (including subcontractors and
vendors) in providing services and products under this Agreement. All
US 1 Shared Use Path
Stantec Consulting Services,Inc.
July 16,2014
Page 15 of 17
records shall indicate the nature and number of observations made, the
number and type of deficiencies found, and the corrective actions taken.
These records shall be available to the County, upon request, during the
Agreement term. All records shall be kept at the primary job site and shall
be subject to audit review.
10.0 CERTIFICATION OF FINAL ESTIMATES:
10.1 Final Estimate and As-Built Plans Submittal:
Prepare documentation and records in compliance with the Agreement,
Consultant's approved QC Plan and the County's Procedures.
Submit the Final Estimate(s) and three sets of final as built plans
documenting Contractor's work (one record set with two copies) as
follows:
(a) Within thirty calendar days of final acceptance; or
(b) Where all items of work are complete and
conditional/partial acceptance is utilized (Lighting, Plant
establishment, etc.) for a period exceeding thirty calendar
days, the final estimate(s)will be due on the thirtieth (30th)
day after conditional/partial acceptance. A memorandum
with documentation will be transmitted to the Director of
Engineering Services at final acceptance detailing any
necessary revisions to the pay items covered under the
conditional/partial acceptance.
The Consultant shall be responsible for making any revisions to the
Certified Final Estimate.
10.2 Certification:
Consultant personnel preparing the Certified Final Estimate Package
shall be CTQP Final Estimates Level II qualified.
Duly authorized representative of the Consultant firm will provide a
notarized certification on a form pursuant to Department procedures.
11.0 SUBCONSULTANT SERVICES:
Upon written approval by the Construction Project Manager and the County, and
prior to performance of work, the Consultant may subcontract for engineering
surveys, materials testing, or specialized professional services.
12.0 OTHER SERVICES:
Upon written authorization by the Director of Engineering Services or designee,
US Shared Use Path
Stantee Consulting Services,Inc.
July 16,2014
Page 16 of 17
the Consultant will perform additional services in connection with the project not
otherwise identified in this Agreement. The following items are not included as
part of this Agreement, but may be required by the County to supplement the
Consultant services under this Agreement.
A. Assist in preparing for arbitration hearings or litigation that occurs during
the Agreement time in connection with the construction project covered
by this Agreement.
B. Provide qualified engineering witnesses and exhibits for any litigation or
hearings in connection with the Agreement.
C. Provide on- and off-site inspection services in addition to those provided
for in this Agreement.
13.0 POST CONSTRUCTION CLAIMS REVIEW:
In the event the Contractor submits a claim for additional compensation and/or
time after the Consultant has completed this Agreement, the Consultant shall, at
the written request from the County, analyze the claim, engage in negotiations
leading to settlement of the claim, and prepare and process the required
documentation to close out the claim. Compensation for such services will be
negotiated and effected through a Supplement to this Agreement.
14.0 CONTRADICTIONS:
In the event of a contradiction between the provisions of this Scope of Services
and the Consultant's proposal as made a part of their Agreement, the provisions
of the Scope of Services shall apply.
15.0 THIRD PARTY BENEFICIARY:
It is specifically agreed between the parties executing this Agreement that it is
not intended by any of the provisions of any part of the Agreement to create in
the public or any member thereof, a third party beneficiary hereunder, or to
authorize anyone not a party to this Agreement to maintain a claim, cause of
action, lien or any other damages or any relief of any kind pursuant to the terms
or provisions of this Agreement.
16.0 COUNTY AUTHORITY:
The County shall be the final authority in considering contract modification of the
Contractor for time, money or any other consideration except matters agreed to
by the Contractor through contract changes negotiated by the Consultant, as
authorized in Section 4.1 herein.
US Shared Use Path
Stantec Consulting Services,Inc.
July 16,2014
Page 17 of 17
AGREEMENT FOR
����/ ^�_u_"m^_.� " " ��v ^
ON CALL PROFESSIONAL ENGINEERING SERVICES
This Agreement ("Agreerment ) made aind entered into this ay of
by and between Monroe, County, a political subdivision of the State of Florida, nwh;;e
address is 1100 Simonton Stpaet, Key VVest, Florida, 33040. its successors and mmoiQne.
hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners
("B(JCC'').
AND
8tmnten Consulting Services Inc., a Corporation of the State of New York, vvh0S8
corporate address ie61 Connnnen:\m| 8tnae1, Roohoster, NY 14014 and whose office location for
work performed is 901 Ponce de Leon B¢u|evard, Suite 900. Coral Gob|ao, Florida 33134 its
successors and assigns, hereinafter referred toms "CC)N8ULTANT''.
VV|TNESSETH:
WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT
for various County Projects located in Monroe County, Florida and
WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects
in which construction costs do not exceed $2'000.O0O.0O
The professional services required by this Contract will be for services in the h),rn of continuing
contract, commencing the effective date of this agreement and ending four years thereafter, with
options for the County to renew for one additional 1 year period.
Specific services will be performed pursuant to individual task orders issued by the COUNTY and
agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule,
charges and payment conditions, and additional terms and conditions that are applicable to such
Task Orders.
Execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's
written authorization to CONSULTANT to proceed with the services described in the Task Order.
The terms and conditions of this Agreement shall apply to each Task Order, except to the extent
expressly modified. When @ Task Order is to modify @ provision of this Agreement, the /\dio|e of
this Agreement to be modified will be specifically referenced in the Task Order and the modification
shall be precisely described.
NOW, THEREFORE, in consideration of the mutual promnimen, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree msfollows:
ARTICLE 1
FORM OF AGREEMENT 1'1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT nnokea the following express representations and
warranties |o the COUNTY:
1.1-1 The CONSULTANT ehmU maintain all necessary Uoenaen, permits nr other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties
hereunder have been fully satisfied;
1.1'2 The CONSULTANT has become familiar with the Project ni0oand1he |nnm| oondiUnnsunder
which the Work ioto be completed.
1.1-3 The CONSULTANT Sh8|| prepare all dOCun08ntS required by this Agreement iDdVdinQ, but
not limited to, all CDntn3Ct plans and specifications, in such a manner that they gh@|| be in
conformity and comply with all applicable |avv, codes and regulations. The CONSULTANT
warrants that the documents prepared as o part of this Contract will be adequate and
sufficient to accomplish the purposes of the Project, themofore, eliminating any additional
construction cost due to missing or incorrect design elements in the contract documents;
1.1'4 The CONSULTANT assumes full responsibility to the extent a||ovvgd by law with regards to
his performance and those directly under his employ.
1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules
and r8gu|8UOno pertaining to, Or n3QU|@Ung the provisions of such serviC8S, including those
now/ in effect and hereinafter adopted. Any violation of said n1atutes, nnjinancwe, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board
to terminate this contract immediately upon delivery of written notice of termination to the
CONSULTANT.
1.1'6 At all times and for all purposes under this agreement the CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
NV statement contained in this agreement shall be construed so as to find the
CONSULTANT or any of his/her onmp|nyens, oontrootwro, nervmnta, or agents to be
employees of the Board of County Commissioners for Monroe County.
1.1'7 The CONSULTANT shall not discriminate against any person on the basis ofrace, oraed,
oo|or, national oriQin, nex, oge, or any other characteristic or aspect which is not job pe|ebad,
in its n*cruiUn0, hiring, pnonnmUng, ternninatinQ, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
ARTICLE 11
SCOPE OF BASIC SERVICES
2.1 SCOPE OF WORK
The CONSULTANT will perform for the COUNTY services as described in individual Task Orders
in accordance with the requirements outlined in the Agreement and the specific Task Order.
2'2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT mhaU, without additional connpensotipn, promptly correct any errors, omissions,
deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY ahm|| be dated and signed by an authorized
representative of the CONSULTANT. Any notice required Or permitted under this agreement shall
bein writing and hand delivered or mailed, postage pre-paid, tuthe COUNTY by certified mail,
return receipt requested, tO the following:
Ms. Judith Clarke, P.E.
Director of Engineering Services
Monroe County
11OO Simonton Street, Room 2-218
Key West, Florida 33U4O
And: Mr. Roman Gaeteai. Jr.
KAnnpoa County Administrator
11O0 Simonton Street, Room 2-205
Key West, Florida 3304O
For the Consultant:
Mr. Terrance N. G|unL P.E., LEE[>/\P
901 Ponce de Leon Boulevard, Suite gO0
Coral Gables, Florida 33184
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services are services not included in the Scope of Basic Services. Should the
COUNTY require additional services they shall be paid for by the COUNTY at rates or fees
negotiated at the time when services are required, but only if approved by the COUNTY
before commencement.
3.2 |f Additional Services are required the COUNTY shall issue o letter requesting and
describing the requested services tm the CONSULTANT. The CONSULTANT shall
respond with a fee proposal tu perform the requested services. Only after receiving an
amendment to the Agreement and a notice to proceed from the COUNTY, shall the
CONSULTANT proceed with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project including
physical location of work, county maintained roads, maps.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect
to the Project. The COUNTY or its representative shall render decisions in a timely manner
pertaining to d000rDentG submitted by the CONSULTANT in order to avoid unreasonable
delay in the orderly and sequential progress of the CONSULTANT'S services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall he deemed bo have been
duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
4-5 The C[)UNTY'o review of any documents prepared by the CONSULTANT or its
muboonnu|han1a shall be sm|c|y for the purpose of determining whether such documents are
generally consistent with the COUMTY's oriteria, as, and if, modified. No review of such
documents Sh8|| relieve the CONSULTANT of responsibility for the aoounauy, edequaoy,
f|tMe5S. suitability or coordination of its work product.
4'6 The COUNTY shall provide copies of necessary documents required to complete the work.
4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access hn will be provided osrequested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless
COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers
and employees from liabilities, damages, losses and costs, including but not limited to,
reasonable attorneys' fees, to the extent caused by the neQ|igmnma, recklessness, or
intentional vxnomQfu| conduct of the C(]NSULTANT, subcontractor(s) and other persons
� employed or utilized by the CONSULTANT in the performance of the contract.
5.2 The first ten dollars /$10.00\ Of remuneration paid to the CONSULTANT in for the
indemnification provided for above. The extent of |i8bi|Mv is in no way limited to, reduced,
or lessened by the insurance requirements contained e|sevvhgn* within this agreement.
Should any claims be asserted against the COUNTY by virtue of any deficiency or
ambiguity in the p|8DS and specifications provided by the CONSULTANT' the
CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall
indemnify him from all losses occurring thereby and shall furthur defend any claim or
action on the C[}UNTY'Sbehalf.
5-3 In the event the completion of the project (to include the work of others) is delayed or
suspended as a result ofthe CONSULTANT'S failure to purchase or maintain the required
insurance, the CONSULTANT shall indemnify COUNTY from any and all increased
expenses resulting from such delays. Should any o|airne be asserted against COUNTY by
virtue of any deficiencies or ambiguity in the plans and specifications provide by the
' CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the
COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further
defend any c|minxm or action on the COUNTY'8 behalf.
5-4 The extent Of liability is in no may limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.5 This indemnification shall survive the expiration or early termination of the Agreement.
ARTICLE VI
PERSONNEL
6'1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following named
individuals will perform those functions as indicated:
NAME FUNCTION
SV long 8s the individuals named above remain actively employed Vr retained bvthe
CONSULTANT, they shall perform the functions indicated next to their names. |f they are replaced
the CONSULTANT shall notify the COUNTY ofthe change immediately.
ARTICLE VII
COMPENSATION
7.1 PAY0AE0WTSU&n
7.1.1 The COUNTY shall pay the CONSULTANU- in current funds for the CONSULTANT'S
performance of this Agreement based on rates negotiated and agreed upon and shown in
Attachment A.
7.2 PAYMENTS
7-2.1 For its assumption and performances of the dutiao, obligations and responsibilities set forth
herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the
Local Government Prompt Payment Act 218.70' Florida Statutes.
(A) If the CONSULTANT'S dut|ea, obligations and responsibilities are materially
changed by 8nO8ndO0eDt to this Agreement after execution Of this Aume8[neMt.
compensation due tothe CONSULTANT shall be equitably adiuetod, either upward
or downward;
.
(B) As a condition precedent for any p@yn18Dt due under this Agreement, the
CONSULTANT shall submit rnonth|y, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice
shall describe with reasonable particularity the service rendered. The
CONSULTANT'S invoice mho|| be accompanied bv such documentation or data in
support Of expenses for which payment is sought at the COUNTY may require.
7.3 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of
the project:
a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses
in connection with travel authorized by the CC)UNTY, in writing, but only tothe extent
and in the amounts authorized by Section 112.061. Florida Statutes;
b. Cost of reproducing maps or drawings or other materials used in performing the scope
of services;
'
o. Postage and handling ofreports;
7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess Of the amount budgeted for this contract in each fiscal
year(October 1 - September 30) by COUNTY's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the COUNTY's Board of
County Commissioners.
7.4'2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration.
ARTICLE Vill
INSURANCE
8'1 The CONSULTANT shall obtain insurance as specified and maintain the required
--------
insurance at all UMOeS that this Agreement is in effect. In the event the completion of the
project (to include the work of others) is delayed or suspended as a result of the
CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting
from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI
or better, that is licensed to business in the State of Florida and that has an agent for
service Of process within the State OfFlorida, The coverage shall contain an endorsement
providing sixty (80) days notice to the COUNTY prior to any cancellation of said coverage.
Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a
form acceptable to the COUNTY.
8'3 CONSULTANl- sha|| obtain and maintain the following policies:
A. Workers' {}00MpenSaU0D insurance as required by the State of Florida, sufficient to
respond to Florida StatVte44O.
B. Employers Liability |nounamma with limits of $1,000.000 per Accident, $1.000.000
Disease, policy limits, $1.000.O0U Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims for
injuries to members of the public and/or damages bD property of others arising from use
of motor vehicles, including onSite and offsite operations, and owned, hired or non-
owned vehicles, with One Million Dollars /$1.00O.QOO.00\ combined single limit and One
Million Dollars ($1,OOO.0OO.00) annual aggregate.
O. Commercial general liability, including Personal Injury Li@bi|ity. covering c|8i0DS for
injuries to members of the public Or damage to property of others arising out of any
covered act Or 0m|SS|On of the CONSULTANT or any of its en)p|uye8a. agents or
subcontractors 0rsUboonSu|[3Otg. including Premises and/or Operations, Products and
Completed Operations, Independent Contractors; Broad Form Property Damage and a
Blanket Contractual Liability Endorsement with One Million Oo||mra ($1,000.000) per
occurrence and annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or provided on o
C|8inlS Made policy, its provisions should 1OC|udH coverage for claims filed On or after
the effective dGh9 Of this contract. In addition, the period for which claims may be
reported must extend for a nmiMiMnurO Of 48 months following the termination or
expiration Vf this contract.
E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence
and Two Million Dollars ($2.000.O00.00) annual aggregate. |f the policy i8a "claims
nmade" po||oy. CONSULTANT shall maintain coverage Or purchase ^1ai|'' to cover
claims made after completion Df the project tn cover the statutory time limits imChapter
S5nfthe Florida Statutes.
F. COUNTY shall bm named os an additional insured with respect[oCONSULTANT'S
liabilities hereunder in insurance coverages identified in Paragraphs C} and [J.
G. CONSULTANT ahm|| naqu|na its suboonau|tmnts to be adequately insured at least to the
limits prescribed obove, and to any increased limits of CONSULTANT if so required by
COUNTY during the term nf this Agreement. COUNTY will not pay for increased |innUm
of insurance for subnonsu|tonts.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or copy of all
insurance pn|ioima including those naming the COUNTY aaan additional insured. The
COUNTY reserves the right to require a certified copy of such policies upon request.
|. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will
he required. In odditiVn, the CONSULTANT may be required to submit updated financial
statements from the fund upon request from the COUNTY.
ARTICLE IX
MISCELLANEOUS
9'1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter ofconvenience of
reference only, and it is agreed that such section headings are not part ofthis Agreement
and will not be used in the interpretation of any provision of this Agreement.
9'2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY and
may be reproduced and copied without acknowledgement Or permission of the
CONSULTANT.
9'3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County ComrU|SSi0De[S
for Monroe County and the CON8ULTANT, which approval Sh@|| be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor mhm|| comply with all of the provisions of this agreement. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itoe|f, its
eunneenore, assigns and legal representatives to the other and to the muonesonro, assigns
and legal representatives Of such other party.
9-4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any re|ationship, contractual or otherwise, with or any
rights in favor of, any third party.
9-5 TERMINATION
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY mhmU have the right to terminate this agreement after five days
written notification tn the CONSULTANT.
B. Either of the parties hereto may C8nCe| this Agreement without cause by giving the
other party sixty (UO) days written notice of its intention to d0 so.
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Prnposa|s, any addenda, the Form of Agreement
(Articles |-|)(). the CONSULTANT'S response to the RFQ. the documents referred to in
the Form of Agreement aa a pod of this Aoreernont, and attachments A. B and C. and
modifications made after execution by written amendment. In the event of any conflict
between any of the Contract doommnents, the one imposing the greater burden on
the CONSULTANT will control.
9'7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on contracts to provide any goods Or services 0D
a public entity, may not submit m bid on 8 contract with m public entity for the construction or
repair 0f@ pUh||C building or public vvOrh, may not submit bids OD leases of real property to
public entity, may not be awarded or perform work ao a onntnantor, mupp|iwr, nubnontnuotor,
or consultant under o contract with any public entity, and may not transact buS|D8S8 with
any public entity in exCmS8 of the threshold amount provided in Section 287.017 of the
Florida Statutes. for CATEGORY TWO fora period of36 months from the dab* of being
placed On the convicted vendor list.
By signing this Agreement, CONSULTANT nBpneSeDtG that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of
this section ahm|| result in termination of this Agreement and recovery Of all OODDieG paid
hereto, and may result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subconsultant has committed an act defined
by Section 287.133, Florida Statutes, as a "public entity orirne" and that it has not been
formally charged with committing an act defined as m "public entity cr|rne" regardless of the
8rMOuMt Of money involved Or whether CC]NU8ULTANT has been placed On the convicted
vendor list.
CONSULTANT will promptly notify the COUNTY if ;t or any subcontractor or
suboomam|tamt is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
9.8 MAINTENANCE OFRECORDS
CONSULTANT shall maintain all bOUkS, necOrdG, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for m period of five years from the
termination of this agreement. Each party to this Agreement or its authorized
representatives oho|| have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
� COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the CONSULTANT, the CONSULTANT Sh8|| repay the n1OD|es together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid by the COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws ofthe
State ofFlorida applicable tocontracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that
venue shall lie in the 16 Judicial Circuit, Monroe County, Florida, in the appropriate court
or before the appropriate administrative body. This agreement mhmU not be subject to
arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall
be in accordance with the Florida FlU|es of Civil PK}C8dU[e and usual and CuStU00@ry
procedures required bythe circuit court 0f Monroe County.
9-10 SEVERAB|LUTY
|f any term, covenant, condition Vr provision Uf this Agreement (or the application thereof to
any circumstance Or person) shall be declared invalid or unenforceable to any extent bva
court of competent 'uriedicKion, the remaining ternoe, covenants, conditions and provisions
of this Agneemmnt, shall not be affected thereby; and each remaining term, ouvenant,
condition and provision of this Agreement shall be valid and ehm|| be enforceable to the
fullest extent permitted by |3vv unless the enforcement of the remaining tgrnnG. covenants,
conditions and provisions of this Agreement vv0u|d prevent the accomplishment of the
original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the
Agreement to map|aoo any stricken provision with a valid provision that comes as o|oam as
possible to the intent of the stricken provision.
9.11 ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative tnthe enforcement
Or interpretation of this Agreement, the prevailing party shall be entitled to maoaonob|e
ottorney'nfees. court costs, imveotigative, and out-of-pocket expenses, as an award against
the non-prevailing party, and ehm|| include attorney'sfees, courts costs, investigative, and
out-of-pockot expenses in appellate proceedings.
9'12 BINDING EFFECT
The t8rnnS. covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit ofthe COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
pedomnonoo of this Agreement have been duly authorized by all necessary County and
corporate action, as required bylaw.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each ehm|| be, and is, empowered to apply for,
aeek, and obtain federal and state funds to further the purpose of this Agreement; provided
that all applications, requests, grant proposals, and funding solicitations shall be approved
bv each party prior tosubmission,
9.15 ADJUDICATION OF DISPUTES KDRDISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted
to be resolved by meet and confer sessions between representatives of each of the parties.
If no resolution can be agreed upon within 30 days after the first meet and confer session,
the issue or issues shall be discussed at m public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law. This provision does not negate or waive the provisions of
paragraph 9.5 concerning termination or cancellation.
9.10 COOPERATION
In the event any administrative Or legal proceeding is instituted GQGiDSt either party n3|atiDQ
to the formation, execution. performance, or bMg@nh of this Agreement, COUNTY and
CONSULTANT agree to participate, to the extent required by the other pmdv' in all
pnooeedingo, heoringe, prncee000, moedingn, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. COUNTY and
CONSULTANT specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related tO this Agreement.
9-17 NONDISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. CONSULTANT
or COUNTY agrees to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited
to: 1\ Title V| of the Civil Rights Ant of 1964 (PL 98-352) which prohibits discrimination on
the basis of race, color or national origin; 2) Title |X of the Education Amendment of 1972,
as amended (20 U8CSS. 1081-1683, and 1885-1086), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 7Q4\.
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 U8C ne. 8101-5107) which prohibits discrimination on the basis of
o0o; 5) The 0nuQ Abuse Office and Tnamtnnwnt Act of 1972 (PL 82-255), as annended,
no|otin0 to nondiscrimination on the basis of drug abuse; 0\ The Comprehensive Alcohol
Abuse and Alcoholism PrevenU0n, Treatment and Rehabilitation Act of1&7U (PL 91-616).
as 8NMended, nB|atiO8 to DODdiScriDliDabnO on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of1S12. se. 523 and 527 /42UGCma. 600dd-3end 290ee-
3\. as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title
V||X of the Civil Rights Act of 1908 (42 USC s. at emq.), as amnmndmd, na|adn8 to
nondiscrimination in the sa|m, rental or financing of housing; 9) The Americans with
Disabilities Act of188O (42 USCs. 1201 Note), as may be amended from time tOtime,
relating tO nondiscrimination VDthe basis ofdisability; 10\ Monroe County Code Chapter
13, Article V|, which prohibits discrimination on the basis of race, color, sex, nm|iginn,
national origin, amoeatry, sexual orientation. gender identity or expression, familial status or
age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any intereSt, and shall
not acquire any interest, which would conflict in any manner or degree with its performance
under this Aonaennent, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
9.19 CODE |0FETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse
of public position, conflicting employment or contractual relationship; and disclosure or use
of certain information.
0.20 NO SOLICITATION/PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed
nor retained any company Or person, other than u bona fide employee working solely for it,
to solicit mr secure this Agreement and that it has not paid or agreed to pay any pernon,
company, corpwratiwn, individual, or firm, other than a bona fide employee working solely
for it. any fee, CVnmnnission, peroent8gR, gift. or other consideration contingent upon or
resulting from the ovvmrd or making of this Agreement. For the breach or violation of the
provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies Ovv8d. or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
9.21 PUBLIC ACCESS.
The CONSULTANT and COUNTY shall a||ovv and permit reasonable access to, and
inSp9Ct|OD of, all documents, papers, letters or other nnGfRria|s in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY
ahm|| have the right to unilaterally cancel this Agnmanoant upon violation of this provision by
CONSULTANT.
9.22 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 788.28. Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any nVnmnnernia|
liability insurance coverage, self-insurance coverage, or local government liability insurance
p0V| coverage shall not be deemed a waiver of immunity h} the extent Vfliability coverage,
nor shall any contract entered into by the COUNTY be required to contain any provision for
waiver.
9.23 PRIVILEGES AND IMMUNITIES
All Of the privileges and immunities from Uohi|Kv' exemptions from laws, nndinmnmos, and
rules and pensions and relief, disability, workers'�rkena' uornpenS8bOn. and other benefits which
apply to the activity of officers, agente, or employees ofany public agents or employees of
the C(]UNTY, when performing their respective functions under this Agreement within the
territorial |i/Ui[S of the COUNTY shall apply to the same degree and extent to the
performance mf such functions and duties nf such officers, agents, volunteers, oremployees
outside the territorial limits of the COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility innp0SOd upon the 0OUh/ by |Gvv except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may he
offered in me$iefmotiVn of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except tOthe extent permitted by the Florida constitution,
state statute, and case |mvv.
9.25 NON-RELIANCE BY NON-PARTIES
NO person or entity sM8|| be eMhUgd to rely upon the terms, Or any of themn, of this
Agreement to enforce nr attempt to enforce any third-party o|airn or entitlement to or benefit
of any service or program contemplated hereunder, and the CONSULTANT and the
COUNTY agree that neither the CONSULTANT nor the COUNTY orany agent, officer. or
employee Uf either shall have the authority tO inform, counsel, or otherwise indicate that any
particular individual Or group of individuals, entity or entitieS, have entitlements or benefits
under this Agreement separate and apad, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH |NNEGOTIATION
CONSULTANT agrees [oexecute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statennent, and e Drug-Free
Workplace Statement. Signature of this /\Qneenlenf by CONSULTANT shall act as the
execution of truth in mmQOfi8tiOM certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are onSunate, comp|ete, and
current at the time of contracting. The original contract price and any additions thereto shall
he adjusted to exclude any significant sums by which the agency determines the c0Mtr8C[
price was increased due to inaccurate, incomplete, Or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end of
the Agreement.
9.27 NCJ PERSONAL LIABILITY
No covenant or agreement contained herein mhm|| be deemed to be a covenant or
agreement ofany rnernber, officer, agent or employee of Monroe County in his or her
individual capauib/, and no mennber, officer, agent or employee 0fMonroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason ofthe execution of this Agreement.
9-28 EXECUTION UNCOUNTERPARTS
This /\oreen18Dt may be executed in any number of counterparts, each of which shall be
regarded as an ohginm|, all of which taken together nhmU constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of
the COUNTY that DBE'e. em defined |n4SC,FR Part 20. ms amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with COUNTY funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply tu this Agreement. The COUNTY and its
CONSULTANT agree ƒo ensure that l]BE'S have the opportunity tO participate inthe
performance of this Agreement. In this naQand' all recipients and contractors shall hake
all necessary and reasonable steps in accordance with applicable federal and state
laws and regulations to ensure that the DBE's have the opportunity to compete for
and perform contracts. The COUNTY and the CONSULTANT and subcontractors
8h8|| not discriminate 00 the basis of race, color, national Origin or sex in the mvvmrd
and performance of contracts, entered pursuant to this Agreement.
9'30 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS
The following forms and provisions are incorporated in and made a part of this contract.
a). Appendix I of the FDOT Standard Professional Services Agreement is included as Attachment
B.
b). The CONSULTANT and any sub-consultants shall not discriminate on the basis of race, color,
national origin or sex in the performance of this contract. The CONSULTANT shall carry out
applicable requirements of49 C.F.H. Part 26 in the award and administration of DOT-assisted
contracts. Failure by the CONSULTANT to carry out these requirements is a material breech of
this contnsot, which may result in the termination of this contract orsuch other remedy as the
COUNTY deems appropriate.
c). CONSULTANT will comply, and ensure its sub-consultants will comply, with the Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Lower Tier Covered
Transactions in49C.F.R. Part 29. when applicable.
d). Equal Employment Opportunity: In connection with the carrying out ofany project, the
CONSULTANT shall not discriminate against any employee or applicant for employment
because of race, age, re|iQiOn, co|or, sex national origin, disability or marital status. The
CONSULTANT will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without ngg8n1 to their race, 8ge, religion color,
Qender. national origin, disability Drmarital status. Such action shall include, but not be limited to,
the following: employment upQnadinQ, demotion or transfer; recruitment or recruitment
advertising; layoff Ortermination; rates of pay Or other forms of compensation; and selection for
training, including apprenticeship.
e\. The CONSULTANT and all sub-consultants agree tm utilize the U.S Department nfHomeland
Security's E-verify System to verify the employment eligibility of all new ennp|oy9gS hired by the
CONSULTANT Or sub-consultants during the term Qfthe contract.
�
f). The CONSULTANT will complete and submit the FDOT Anticipated DBE Participation
Statement Form No. 275-030-11A to identify OBE participation as outlined in Paragraph 9.29.
�
Disadvantaged Business Enterprise (DBE) Policy and Obligations, of the Contract for
Professional Services. FDOT has a race neutral program with an 8.6% goal.
g). Executed copies of the FDOT Certification for Disclosure of Lobbying Activities on
Federal Aid Contracts and the Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion for Federal Aid Contracts are included as Attachment C.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
MY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
y: Ail By:
Deputy Clerk A Mayor/Chi irman
Date:
(Seal) CONSULTANT
Atte
BY:
aAM000 iS
Title: Title:
END OF AGREEMENT
MONROE COUNTY ATTORNEY
APPROVED AS TO FDa ORK,
ASSISTA I YATTORNEY
ATTACHMENT A
CONSULTANT RATES
STANTEC
ATTACHMENT A
Standard Hourly Rates
Staff type Classification Hourly Rate
01 Principal $ 196.00
02 Engineer (PE) or Architect (RA) $ 144.00
03 Engineer (EI) or Architect (AI) $ 104.00
04 Technician $ 87.00
05 Data Processor $ 65.00
06 Construction Inspector (CEI) $ 95.00
07 Division Director $ 167.00
08 Grants Coordinator $ 113.00
09 Senior Technician $ 95.00
10 Project Manager $ 156.00
14 Senior Inspector (CEI) $ 104.00
16 Inspector (CEI) $ 87.00
17 Secretary (CEI) / EEO Compliance $ 72.00
20 Public Involvement Coordinator $ 122.00
21 Accounting Coordinator $ 80.00
22 Marketing Coordinator $ 80.00
23 Technology Manager / IT $ 113.00
24 Clerical Assistant $ 59.00
25 Technology Assistant / IT $ 80.00
ATTACHMENT B
APPENDIX I OF THE FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT
TERMS FOR FEDERAL AID CONTRACTS(APPENDIX
The following terms apply to all contracts in which it is indicated in Section B.B of the Standard Professional Services
Agreement that the services involve the expenditure of federal funds:
A. It is understood and agreed that all rights of the Department relating to inspection,review,approval,patents,
copyrights,and audit of the work,tracing,plans,specifications,maps,data,and cost records relating to this
Agreement shall also be reserved and held by authorized representatives of the United States of America.
B. It is understood and agreed that,in order to permit federal participation,no supplemental agreement of any nature may be
entered Into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S.
Department of Transportation,anything to the contrary In this Agreement not withstanding.
C. Compliance with Regulations: The Consultant shall comply with the Regulations of the U.S.Department of Transportation
Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time,(hereinafter referred to as the
Regulations),which are herein incorporated by reference and made a part of this Agreement.
D Nondiscrimination: The Consultant,with regard to the work performed during the contract,shall not discriminate on the
basis of race,color,national origin,sex,age,disability,religion or family status In the selection and retention of
subcontractors,including procurements of material and leases of equipment. The Consultant will not participate either
directly or indirectly in the discrimination prohibited by Section 21,5 of the Regulations,Including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
E Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations made by the
Consultant,either by competitive bidding or negotiation for work to be performed under a subcontract,Including
procurements of materials and leases of equipment,each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the basis
of race,color,national origin,sex,age,disability,religion or family status.
F Information and Reports The,Consultant will provide all inforrruaflon and uoports required by the Regulations Orrtilrootlwes
issued pursuant thureso,and will,patron access to its btaoksa,records,accounts,other sourraes of information„and its
facilities as may be daterntiriod by the Florida Department of"I ransporttftion,f uderual 11 ighwny Administration„Fedwal
Transit Administrulion,Fredor al Aviation Administration,sarrd/or Fetloral Motor Carrier Safety Adm nfstraflon to be pertinent to
ascertain compliance with such Regulations,orders and instructinurS, WhOW army inforrnaliarn r°equlred of Iho Consoltaid is in
the exclusive possession of another who falls or refuses to furnish this information,the Consultant shall so certify to the
Florida Department of Transportation,Federal Highway Administration,Federal Transit Administration,Federal Aviation
Administration,and/or the Federal Motor Carrier Safety Administrationas appropriate,and shall set forth what efforts It has
made to obtain the information.
G. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this
contract,the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway
Administration,Federal Transit Administration, Federal Aviation Administration,and/or Federal Motor Carrier Safety
Administration may determine to be appropriate,including,but not limited to,
1, withholding of payments to the Consultant under the contract until the Consultant complies and/or
2. cancellation,termination or suspension of the contract,In whole or in part.
H Incorporation or Provisions. Tire Cormultant Wile includO the prtavisions of Paragraph C 41°arough H in revery submx1tract,
including,procurarrients of melerira�ls and looses of equipment unless exempt by the Regulations,order,or instructions
issued pursuant fherelo, The Consultersi will take such action with re'speci tni any subcontractN orprocuraumrent as tho
Florida Departirrioni of transportation,Federal Highway Administration,Federal Transit Administration,Federot Aviation
Administration,andfor illau Federal Motor Cau°drar Safely Adminlstraatlorr nmuy direct as a means of onforctng sine
provisions,including sanctions for noncompliance, In IK�event Consuflant brecornes involved in,or Is Iriteatoned with,
litigation with a subconirectot or sopplier°as to result of such dirrecttaan„time Consultant may request the Florida Department
of Transportation to enter into such 11tipetion to protect the interests of the Florida Department of Transportation,and,in
addition,the Consultant may request the United States to enter into saurab litigation to protect the Interests of the United
States.
I Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any
share or part of this contract or to any benefit arising therefrom.
J interest of Public Officials: No member,officer,or employee of the public body or of a local public body during his tenure
or for one year thereafter shall have any interest,direct or indirect,In this contract or the proceeds thereof. For purposes
of this provision,public body shall include municipalities and other political subdivisions of States;and public corporations,
boards,and commissions established under the laws of any State.
K Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from
49 CFR 26.13(b). This statements shall be included in all subsequent agreements between the Consultant and any
subconsultant or contractor.
The Consultant,sub recipient or subcontractor shall not discriminate on the basis of race,color,national origin,
or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of DOT-assisted contracts. Failure by the Consultant to carry out these
requirements is a material breach of thls contract,which may result in termination of this contract or other such
remedy as the recipient deems appropriate.
L It is mutually understood and agreed that the willful falsification,distortion or mnsreprosentaVan with respect to any facts
related to the project(s)described in thls Agreement is a violation of the Farfnral Lava.,Accordingly,United States Code,
Title 18,Section 1020,Is hereby incorporated by reference and made a part of tiffs Agreement
M. It is understood and agreed that if the Consultant at ally time leants ti-ml the lueoffication If provided the Departnulint in
compliance with 49 CFR,Section 2641,was erroneous when submitted or hart taovwme erroneous by reason of t>hn ntpxl
circumstances,the Consultant shall provide Irmnedlate writian notice to tho l ep°aartwnento It is Isirlhor agrood Itial the clause
titled"Certification Regarding Debarment,Suspension,IneligiWity and Voluntary Excfoslon.lower Tier,Ccwvered
Transaction"as set forth in 49 CFR,Section 29.510,shall be Included by the Consultant in all lower tier covered
transactions and in all aforementioned federal regulation.
N The Department hereby certifies that neither the consultant nor the consultant's representative has been required by the
Department,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this
contract,to
1 employ or retain,or agree to employ or retain,any firm or person,or
2, pay,or agree to pay,to any firm,person,or organization,any fee,contribution,donation,or consideration of any kind;
The Department further acknowledges that this agreement will be furnished to a federal agency,In connection with this
contract involving participatlon of Federal-Aid funds,and is subject to applicable Slate and Federal Laws,both criminal and
civil.
O The Consultant hereby certifies that it has not:
1 employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,any firm or
person(other than a bona fide employee working solely for the above contractor)to solicit or secure this contract;
2 agreed,as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or
person In connection with carrying out this contract;or
3 paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for the
above contractor)any fee contribution,donation,or consideration of any kind for,or in connection with,procuring or
carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the State of Florida Department of
Transportation and a federal agency in connection with this contract involving participation of Federal-Aid funds,and Is
subject to applicable State and Federal Laws,both criminal and civil.
ATTACHMENT C
Certification for Disclosure of Lobbying Activities on Federal Aid Contracts
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for
Federal Aid Contracts
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-33
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT
1aroi
ON FEDERAL-AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
The prospective participant certifies, by signing this certification,that to the best of his or her knowledge
and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
(Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional
Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her proposal that he or she shall require that
the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and
that all such subrecipients shall certify and disclose accordingly.
Name of Consultant: GJTA- G CaW�SyL_T1"& QEfwa;�-&, r"Jc
By: C-4-b'fEt-L/d ate: 1Z'-/?"I$
g �.m ..
Authorized Si nature.
Title:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-32
CERTIFICATION REGARDING DEBARMENT SUSPENSION PRQCUREMENT
, � 1 Of01
INELIGIBILITY AND VOLUNTARY EXCLUSION FOR FEDERAL
AID CONTRACTS
(Compliance with 49CFR, Section 29.510)
(Appendix B Certification]
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal
department or agency.
Name of Consultant: n2
B� Date: 12-17- 13
Authorized Signature Ct4MT111114A-A
Title: ( -pka-Ssl b L! ✓—
Instructions for Certification
1 . By signing and submitting this Certification with the proposal,the prospective lower tier participant is providing the certification
set out below.
2, The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in
addition to other remedies available to the Federal Government,the Department may pursue available remedies,including
suspension and/or debarment,
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted.If
at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4. The terms'covered transaction','debarred','suspended','ineligible','lower tier covered transaction','participant','person',primary
covered transaction','principal','proposal', and'voluntarily excluded',as used in this clause,have the meanings set out in the
Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this
proposal is being submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be
entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared
ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the Department or agency with
which this transaction originated.
e. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Appendix B:
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction",without
modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that it is not debarred,suspended, ineligible,or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals.
Each participant may,but is not required to,check the Nonprocurement List.
8,. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good
faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which
is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended,debarred,ineligible,or voluntarily excluded from
participation in this transaction,in addition to other remedies available to the Federal Government,the Department may pursue
available remedies,including suspension and/or debarment.