Item C18 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 2014 Division: Public Works/Engineering
Bulk Item: Yes x No — Department:
Staff Contact Person/Phone#:Trish Smith 304-0412
AGENDA ITEM WORDING:
Approval to advertise a Request for Qualifications (RFQ)for the design of a scenic overlook at the Big
Pine Swimming Hole. This project is funded at 100%by the FDOT through the Transportation
Alternatives Program.
ITEM BACKGROUND:
In early 2014, Monroe County executed a sublease agreement with the State of Florida to manage the
Big Pine Swimming Hole as a passive recreation facility. In September 2014, the BOCC approved a
$100,000 LAP agreement with the FDOT to design a scenic overlook on the property.
PREVIOUS RELEVANT BOCC ACTION:
9/17/14—Approval of a LAP agreement in the amount of$100,000 for design services.
1/14/14—Approval of a sublease agreement with the FDEP for use of the"Big Pine Swimming Hole."
9/12/13 —Approval of the FY 2014 budget authorizing$1,000,000 in capital improvements. .
6/19/13 —Approval of a motion directing staff to move forward with a contractual agreement to use the
Big,Pine Swimming Hole as a passive recreational facility in conjunction with the Overseas Heritage
Trail and the Florida Keys Scenic Highway.
10/20/10—Status report and BOCC direction regarding a sublease with the State of Florida. The
BOCC directed staff to continue exploring options that do not include the expenditure of county funds.
4/20/05 -Approval for the staff to pursue a sublease agreement with the State of Florida for
partnership and management of the "Swimming Hole"property on Big Pine Key for development of a
passive recreational park.
12/17/03—Approval of a motion directing staff to pursue the development of a passive recreational
park at the Big Pine Swimming Hole in coordination with the State of Florida and to report back to the
Board.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:—$l 00,000 INDIRECT COST: BUDGETED: Yes x No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $0 SOURCE OF FUNDS: federal transportation funds
REVENUE PRODUCING: Yes— No x AMOUNT PER MONTH— Year
APPROVED BY: County Atty&—� OMB/Purchasing— Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM#
MONROE COUNTY
REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL
SERVICES FOR
DESIGN OF A SCENIC OVERLOOK AT THE
BIG PINE SWIMMING HOLE
JLU 23
0
A
0
COIJ 'r
BOARD, OF COUNTY COMMISSIONERS
Mayor Sylvia Murphy, District 5
Mayor Pro-Tem, Danny L. Kolhaae, District I
Commissioner George Neugent, District 2-
commissioner Heather Carruthers, District 3
Commissioner David Rice, District 4
COUNTY ADMINISTRATOR CLERK OF THE CIRCUIT COURT
Roman Gastesi, Jr. Amy Heavilin
OCTOBER 2014
PREPARED BY:
Monroe County Division of Public Works
Kevin Wilson, PE, Division Director
RFQ for Design of the Big Pine Swimming Hale
NOTICE OF REOUEST FOR COMPETITIVE
SOLICITATIONS
NOTICE IS HEREBY GIVEN that on at P.M. the Monroe
County Purchasing Office will receive and open sealed responses for the following:
DESIGN OF A SCENIC OVERLOOK
AT THE BIG PINE SWIMMING HOLE
Requirements for submission and the selection criteria may be requested from
DemandStar by Onvia at www.demandstar.com OR www.monroecountybids.com
or call toll-free at 1-800-711-1712. The Public Record is available at the Monroe
County Purchasing Office located at The Gato Building, 1100 Simonton Street,
Room 2-213, Key West, Florida. All Responses must be sealed and must be
submitted to the Monroe County Purchasing Office.
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RFQ for Design of the Big Pine Swimming Hole
TABLE OF CONTENTS
SECTION ONE - Instruction to Respondents
SECTION TWO - Scope of Work
SECTION THREE - Draft Contract
Attachment A- Consultant Scope of Services
Attachment B - Consultant Hourly Rates
Attachment C-Appendix I of FDOT Standard Professional Services Agreement
Attachment D - LAP Agreement
SECTION FOUR- County Forms
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RFQ for Design of the Big Pine Swimming Hole
SECTION ONE: INSTRUCTION TO RESPONDENTS
1.1 INTRODUCTION/BACKGROUND
The Big Pine Swimming Hole is located on the south of US 1 at the west end of Big (Pine Key
in Monroe County, Florida. It is situated just east of the Old South Pine Channel Bridge along
the route of the Florida Keys Overseas Heritage Trail and the Florida Keys Scenic Highway.
The site is managed by Monroe County as a passive recreation facility through a sublease
agreement with the State of Florida. The County is developing a scenic overlook that can be
used by visitors and residents for sunset viewing, nature walks, and as a rest area for the
Overseas Heritage Trail and the scenic highway. The County is currently seeking the services
of a firm or individual to provide design and permitting services for the project. This project will
be funded through the federal Transportation Alternatives Program and implemented through
a Local Agency Program (LAP) Agreement between Monroe County and the Florida
Department of Transportation (FDOT), District 6 Office. Therefore, all Federal Highway
Administration (FHWA) regulations and guidelines for use of federal funds as well as
applicable FDOT Design Standards are required. Respondents must be pre-qualified by FDOT
to work on this project.
1.2 COPIES OF RFQ. DOCUMENTS
A. Only complete sets of RFQ Documents will be issued and used in preparing
responses. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
B. Complete sets of RFQ Documents may be obtained in the manner and at the
locations stated in the Notice of Request for Qualifications.
1.3 DISQUALIFICATION OF RESPONDENT
A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to
this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is
discovered that collusion exists among the Respondents, the proposals of all
participants in such collusion shall be rejected„ and no participants in such collusion
will be considered in future bids for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a
proposal on a contract to provide any goods or services to a public entity, may not
submit a proposal on a contract with a public entity for the construction or repair of a
public building or public work, may not submit Proposals on leases or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list.
C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG-FREE WORKPLACE
FORM and submit it with his bid or (proposal. Failure to complete this form in every
detail and submit it with the bid or proposal may result in immediate disqualification
of the bid or proposal.
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RFQ for Design of the Big Pine Swimming Hole
D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid
or proposal in response to this invitation must execute the enclosed LOBBYING
AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal.
Failure to complete this form in every detail and submit it with the bid or proposal
may result in immediate disqualification of the bid or proposal.
E. CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL
AID CONTRACTS. Any person submitting a bid or proposal in response to this
invitation must execute the enclosed CERTIFICATION FOR DISCLOSURE OF
LOBBYING ACTIVITIES ON FEDERAL AID CONTRACTS and submit it with his bid
or proposal. Failure to complete this form in every detail and submit it with the bid
or proposal may result in immediate disqualification of the bid or proposal.
F. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION FOR FEDERAL AID CONTRACTS. Any person
submitting a bid or proposal in response to this invitation must execute the enclosed
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION FOR FEDERAL AID CONTRACTS and submit it with
his bid or proposal. Failure to complete this form in every detail and submit it with
the bid or proposal may result in immediate disqualification of the bid or proposal.
1.4 EXAMINATION OF RFQ DOCUMENTS
A. Each Respondent shall carefully examine the RFQ and other contract documents,
and inform himself thoroughly regarding any and all conditions and requirements
that may in any manner affect cost, progress, or performance of the work to be
performed under the contract. Ignorance on the part of the Respondent shall in no
way relieve him of the obligations and responsibilities assumed under the contract.
B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, he shall at once notify
the County.
1.5 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the contract
documents. Any inquiry or request for interpretation received in writing seven or more
days prior to the date fixed for opening of responses will be given consideration. 'Written
inquiries should be sent to Patricia (Trish) Smith, AICP, Transportation Program
Manager, Monroe County, 102050 Overseas Highway, Suite 212, Key Largo, FL 33037
or emailed to smith-patricia(a)-monroecounty-fl.gov. All such changes or interpretation
will be made in writing in the form of an addendum and, if issued, will be furnished to all
known prospective Respondents prior to the established Response opening date. Each
Respondent shall acknowledge receipt of such addenda in their Response. In case any
Respondent fails to acknowledge receipt of such addenda or addendum, his response will
nevertheless be construed as though it had been received and acknowledged and the
submission of his response will constitute acknowledgment of the receipt of same. All
addenda are a part of the contract documents and each Respondent will be bound by such
addenda, whether or not received' by him. It is the responsibility of each Respondent to
verify that he has received all addenda issued before responses are opened.
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RFQ for Design of the Big Pine Swimming Hole
1.6 GOVERNING LAWS AND REGULATIONS
The Respondent is required to be familiar with and shall be responsible for complying with
all federal, state, and local laws, ordinances, rules, and regulations that in any manner
affect the work. Knowledge of occupational license requirements and obtaining such
licenses for Monroe County and municipalities within Monroe County are the responsibility
of the Respondent.
1.7 PREPARATION OF RESPONSES
Signature of the Respondent: The Respondent must sign the response forms in the space
provided for the signature. If the Respondent is an individual, the words "doing business as
"', or "Sole Owner' must appear beneath such signature. In the case of a
partnership, the signature of at least one of the partners must follow the firm name and the
words"Member of the Firm"should be written beneath such signature. If the Respondent is
a corporations, the title of the officer signing the Response on behalf of the corporation must
be stated along with the Corporation Seal Stamp and evidence of his authority to, sign the
Response must be submitted. The Respondent shall state in the response the name and
address of each person having an interest in the submitting entity.
1.8 SUBMISSION OF RESPONSES
A. Two sigined originals and three copies of each response shall be submitted.
B. The response shall be submitted sin a sealed envelope clearly marked on the
outside, with the Respondents name and "Statement of Qualifications — Big Pine
Swimming Hole, addressed to the entity and address stated in the Notice of
Request for Qualifications, on or before P.M. local time on , 2014. If
sent by mail or by courier, the above-mentioned envelope shall- be enclosed in
another envelope addressed to the entity and address stated in the Notice of
Request for Qualifications,. Faxed or e-mailed statements of qualifications shall be
automatically rejected. Responses will be received until the date and hour stated in
the Notice of Request for Qualifications.
C. Each Respondent shall submit with his Response the required evidence of his
qualifications and experience.
1.9 CONTENT OF SUBMISSION
The proposal submitted in response to this RFQ shall be printed on 8-1/2"x 11"white paper
and bound; it shall be clear and concise and provide the information requested herein.
Statements submitted without the required information will not be considered. Responses
shall be organized as indicated below. The Respondent should not withhold any
information from the written response in anticipation of presenting the information orally or
in a demonstration, since oral presentations or demonstrations may not be solicitedl. Each
Respondent must submit adequate documentation to certify the Respondent's compliance
with the County's requirements. Respondents should focus specifically on the information
requested. Additional information, unless specifically relevant, may distract rather than add
to the Respondent's overall evaluation. Financial information, as decribed below, may
be submitted in a separate envelope marked "Confidential".
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RFQ for Design of the Big Pine Swimming Hole
The following information, at a minimum, shall be included in the Submittal:
A. Cover Passe
A cover page that states "Statement of Qualifications for Design of a Scenic Overlook at the
Big i Pine Swimming Hole." The cover page should contain Respondent's name, address,
telephone number and the name of the Respondent's contact person.
B. Tabbed Sections
Tab 1. Executive Summary
The Respondent shall provide a history of the firm or organization, and particularly include projects
that are similar in nature to the services requested in the RFQ. The Respondent shall provide a
narrative of the firm's qualities and capabilities that demonstrate how the firm will work with the
County to fulfill the requirements of the scope of work.
Tab 2. Relevant Experience, References and Past Performance on Similar Projects
The Respondent shall provide a project history of the firm or organization demonstrating
experience with projects that are similar in scope and size to the proposed Project, including
projects in Monroe County and projects of a similar nature with FDOT. The Respondent shall
clearly indicate experience on other LAP projects and/or federally funded projects and describe
experience complying with FHWA and FDOT LAP requirements.
Each Respondent shall provide a list of past projects that are the same or similar to the scope of
the proposed project. The list should include the information below:
Name and full address of referenced project and organization
Name and telephone number of Contact person for contract
Telephone number(s)
Date of initiation and completion of contract for referenced project
Brief summary of the project and services including a comparison to services sought
by this IRFQ.
The Respondent shall provide at least two written references from a Florida local government or
other governmental entity (other than Monroe Couinty) for which the Respondent has provided the
same or similar services during the past three years. Each reference shall include, at a minimum,
the information listed above.
Tab 3. Project Approach and Management
The Respondent shall describe the approach and methodology s/he will take to accomplish the
necessary activities. The project approach should reflect a clear understanding of project needs.
Additionally, the Respondent shall provide responses to the following questions:
1) What methodology would you propose to address the INEPA requirements for this project?
2) What type of design elements would you envision for this site?
3) What types of permits do you anticipate for the project?
4) Describe your familiarity with the Florida Keys Scenic Highway Master Plan, the Florida
Keys Overseas Heritage Trail Master Plan, and their relationship to the scenic overlook
project.
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RFQ for Design of the Big Pine Swimming Hole
5) How would you propose to address the LAP process in the execution of this project?
Tab 4. Staffing for this Project&Qualifications of Key Personnel
The Respondent shalll describe the composition and structure of the firm (sole proprietorship,
corporation, partnership,joint venture)and include names of persons with an interest in the firm.
The Respondent shall include a list of the proposed staff` that will perform the work required if
awarded this contract. An organizational chart should be included in this section, The Respondent
shall also include a resume for each member of the project team identifying his/her role on the
team and any qualifications relevant to the assigned position. Include in this section the location of
the main office and the location of the office proposed to work on this project.
The Respondent will provide documentation that they have been pre-qualified by the FDOT to
perform the required services.
Tab 5. Financial Information and Litigation
The Respondent will provide the following information:
(1) A list of the person's or entity's shareholders with five percent or more of the stock or, if a
general partnership, a list of the general partners; or, if a limited liability company, a list of its
members; or, if a solely owned proprietorship, names(s) of owner(s);
(2) A list of the officers and directors of the entity;
(3) The number of years the person or entity has been operating and, if different, the number of
years it has been providing the services, goods, or construction services called for in the bid
specifications (include a list of similar projects);
(4) The number of years the person or entity has operated under its present name and any
prior names;
(5) A print out of the"Detail by Entity Name" screen from the Respondent's listing in
www.sunbiz.org;
(6) A copy of the Respondent's Annual Report that is submitted to the Florida Secretary of
State;
(7) Answers to the following questions regarding claims and suits:
a. Has the person, principals, entity, or any entity previously owned, operated) or directed by
any of its officers, major shareholders or directors, ever failed to complete work or provide the
goods for which it has contracted? If yes, provide details;
b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding
against the person, principal of the entity, or entity, or any entity previously owned, operated or
directed by any of its officers, directors, or general partners? If yes, provide details;
C. Has the person, principal of the entity, entity, or any entity previously owned, operated or
diirected by any of its officers, major shareholders or directors, within the last five years, been a
party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or
construction services similar to those requested in the specifications with private or public entities?
If yes, provide details;
d. Has the person, principal of the entity, or any entity previously owned, operated or directed
by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation
against the, county or been sued by the county in connection with a contract to provide services,
goods or construction services? If yes, provide details;
e. ' Whether, within the last five years, the owner, an officer, general partner, principal,
controlling shareholder or major creditor of the person or entity was an officer, director, general
RFQ for Design of the Big Pine Swimming Hole
partner, principal, controlling shareholder or major creditor of any other entity that failed to perform
services or furnish goods similar to those sought in the request for competitive solicitation;
(8). - Customer references (minimum of three), including name, current address and current
telephone number;
(g). Credit references (minimum of three), including name, current address and current
telephone number;
(10). Financial statements for the prior three years for the responding entity or for any entity that
is a subsidiary to the responding entity; and
(11). Any financial information requested by the county department involved in the competitive
solicitation, related to the financial qualifications, technical competence, the ability to satisfactorily
perform within the contract time constraints, or other information the department deems necessary
to enable the department and board of county commissioners to determine if the person
responding is responsible.
Tab 6. County/FHWA Forms
Respondent shall complete and execute the forms specified below and found at the designated
pages in this RFQ, and shall include them in the section tabbed six; failure to provide executed
documents may result in respondent being determined to be not fully response to the RFQ.
Page
e. 34
Response Form
Lobbying and Conflict of Interest Clause 35
Non-Collusion Affidavit 36
Drug Free Workplace Form 37
Respondent's insurance and
Indemnification Statement 38
Insurance Agent's Statement 39
Certification for Disclosure of Lobbying
Activities on Federal Aid Contracts 40
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion for Federal Aid Contracts 41
Copies of all professional and occupational licenses shall be included in this section.
1.10 MODIFICATION OF RESPONSES
Written modification will be accepted from Respondents if addressed to the entity and
address indicated in the Notice of Request for Qualifications and received prior to Proposal
due date and time. Modifications must be submitted in a sealed envelope clearly marked on
the outside, with the Respondents name and "Modification to Statement of
Qualifications for Big Pine Swimming Hole." If sent by mail or by courier, the above-
mentioned envelope shall be enclosed in another envelope addressed to the entity and
address stated in the Notice of Request for Proposals. Faxed or e-mailed modifications
shall be automatically rejected.
1.11 RESPONSIBILITY FOR RESPONSE
The Respondent is !solely responsible for all costs of preparing and submitting the
response, regardless of whether a contract award is made by the County.
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RFQ for Design of the Big Pine Swimming Hole
1.12 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened.
Respondents names shall be read aloud at the appointed time and place stated in the
Notice of Request for Qualifications. Monroe County's representative authorized to open
the responses will decide when the specified time has arrived and no responses received
thereafter will be considered. No responsibility will be attached to anyone for the premature
opening of a response not properly addressed and identified. Respondents or their
authorized agents are invited to be present.
1.13 DETERMINATION OF SUCCESSFUL RESPONDENT
Following the receipt of responses, the selection committee will meet in a publicly noticed
meeting and evaluate the responses based on the criteria and point total below. The
County reserves the right to reject any and all responses and to waive technical errors and
irregularities as may be deemed best for the interests of the County. Responses that
contain modifications, are incomplete, unbalanced, conditional, obscure, or that contain
additions not requested or irregularities of any kind, or that do not comply in every respect
with the Instruction to Respondent and the contract documents, may be rejected at the
option of the County.
Each TAB section will be given points used to score and evaluate firms and individuals.
The point structure is as follows:
CRITERIA MAXIMUM POINTS
TAB 1 10
TAB 2 30
TAB 3 30
TAB 4 20
TAB 5 10
TAB 6 00
TOTAL 100
1.14 AWARD OF CONTRACT
A. The COUNTY reserves the right to waive any informality in any response, or to re-
advertise for all or part of the work contemplated. If responses are found to be
acceptable by the COUNTY, written notice will be given to the selected respondent of
the award of the contract.
B. If the award of a contract is annulled, the COUNTY may award the contract to another
Respondent, or the work may be re-advertised or may be performed by other qualified
personnel as the COUNTY decides.
C. A contract will be awarded to the Respondent deemed to provide the services which are
in the best interest of the COUNTY.
D. The COUNTY also reserves the right to reject the response of a Respondent who has
previously failed to perform properly or to complete contracts of a similar nature on time.
E. The results of the competitive selection process will be presented to the Board of
County Commissioners of Monroe County, Florida, for final approval.
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RFQ for Design of the Big Pine Swimming Holle
1.15 EXECUTION OF CONTRACT
The Respondent with whom a contract is negotiated shall be required to return to the
County four executed counterparts of the prescribed contract together with the required
certificates of insurance.
1.16 CERTIFICATE OF INSURANCE AND INSURANCE' REQUIREMENTS
The Respondent shall be responsible for all necessary insurance coverage as indicated
below. Certificates of Insurance must be provided to Monroe County within fifteen (15)
days after award of contract, with Monroe County BOCC fisted as additional insured as
indicated. If the proper insurance forms are not received within the fifteen (15) day period,
the contract may be awarded to the next selected Respondent/Proposer. Policies shall be
written by companies licensed to do business in the State of Florida and having an agent
for service of process in the State of Florida. Companies shall have an A.M. Best rating of
Vl or better.
Worker's Compensation Statutory Limits
Employers' Liability Insurance $100,000,Accident
$500,000 Disease, policy limits
$100,000 Disease each employee
General Liability, including $300,000 per Person, $500,000 Per
Occurrence, $200,00 Property Damage or
Premises Operation
$500,000 Combined Single Limit
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Vehicle Liability $200,000 per Person, $300,000 Per
Occurrence, $200,000 Property Damage or
(Owned, non-owned and hired vehicles) $300,000 Combined Single Limiit
Professional Liability $500,000 per Occurrence
$1,000,000 Aggregate
Monroe County shall be named as an Additional Insured on the General Liability and
Vehicle Liability policies.
1.17 INDEMNIFICATION
The Respondent covenants and agrees to indemnify, hold harmless and defend Monroe
County, its commissioners, officers, employees, agents and servants from any and all
claims for bodl'ily injury, including death, personal injury, and property damage, including
damage to property owned by Monroe County, and any other losses, damages, and
expenses of any kind, iincluding attorney's fees, court costs and expenses, which arise out
of, in connection with, or, by reason of services provided by the Respondent or any of its
Subconsultant(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
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RFQ for Design of the Big Pine Swimming Hole
omission of the Respondent, its Subconsultant(s) in any tier, their officers, employees,
servants or agents.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Respondent's failure to purchase or maintain the required
insurance, the Respondent shall indemnify the County from any and all increased expenses
resulting from such delay. Should any claims be asserted against the County by virtue of
any deficiency or ambiguity caused by the Respondent, the Respondent agrees and
warrants that the Respondent shall hold the County harmless and shall indemnify it from all
losses occurring thereby and shall further defend any claim or action on the County's
behalf.
The first ten dollars ($10.00) of remuneration paid to the Respondent is consideration for
the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the contract.
REMAINDER OF PAGE LEFT BLANK
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RFQ for Desiign of the Big Pine Swimming Hole
Request For Waiver of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County Schedule of Vnsurance
Requirements, be waived or modified on the following contract:
Respondent:
Contract for:
Address of Respondent:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Respondent:
Approved Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved Not Approved
Date:
Board of County Commissioners appeal:
Approved Not Approved
Meeting Date:
Respondent SIGNATURE
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RFQ for Design of the Big Pine Swimming Hole
SECTION TWO: SCOPE OF WORK
2.1 Scope
The Consultant will be responsible for construction drawings and technical specifications,
permits, NEPA documentation and any other federal requirements for the Big Pine
Swimming Hole project. The project is being administered through the FDOT Local Agency
Program (LAP) and is subject to the federal requirements governing Transportation
Alternative Program funding.
Conceptually, the site will include a boardwalk, informational kiosk, nature trail, kayak
launch, parking area, and a small public use facility (restroom and small office for use by
county staff or a Sheriff deputy). The design shall include, but shall not necessarily be
limited to, plans and specifications which describe all systems, elements, details,
components, materials, equipment, and other information necessary to bid the project. The
design shall be accurate, coordinated and in all respects adequate for construction and
shall be in conformity, and comply, with all applicable law, codes, permits, and regulations.
Products, equipment and materials specified for use shall be readily available unless written
authorization to the contrary is given by the County.
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 rtment of
Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subconsultant during the Contract term.
2.2 LENGTH OF SERVICE:
The Consultant services for the contract shall begin upon notification to proceed written p ceed by
County. While no personnel shall be assigned until written ft
notification by the County has
been issued, the Consultant shall be ready to assign personnel within two weeks of
notification. For the duration of the project, the Consultant shall coordinate closely with the
County to minimize rescheduling of Consultant activities.
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RFQ for Design of the Big Pine Swimming Hole
SECTION THREE: DRAFT CONTRACT
AGREEMENT FOR
DESIGN OF A SCENIC OVERLOOK AT THE BIG PINE SWIMMING HOLE
This Agreement ("Agreement") made and entered into this day of
20 by and between Monroe County, a political subdivision of the Stateof Florida, whose'
address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns,
hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners
("BOCC"),
AND
whose address is a of the State of
its successors and assigns, hereinafter referred to as "CONSULTANT",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONSULTANT TO
design and permit the Big Pine Swimming Hole Project; and
WHEREAS, CONSULTANT has agreed to provide professional services which shall include
but not be limited to providing concepts, construction drawings, permits, and federal documentation
for the Big Pine Swimming Hole Project, referred to as the "Project";
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
FORM OF AGREEMENT
ARTICLE I
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express representations and
warranties to the COUNTY:
1-1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties
hereunder have been fully satisfied;
1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under
which the Work is to be completed.
1A.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a
manner that they shall be accurate, coordinated and adequate for use in verifying work
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RFQ for Design of the Big Pine Swimming Hole
completed and shall be in conformity and comply with all applicable law, codes and
regulations. The CONSULTANT warrants that the documents prepared as a part of this
Agreement will be adequate and sufficient to document costs in a manner that is acceptable
for reimbursement by government agencies, therefore eliminating any additional cost due to
missing or incorrect information;
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to,
his performance and those directly under his employ.
1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. In providing all services
pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules
and regulations pertaining to, or regulating the provisions of such services, including those
now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall' entitle the Board
to terminate this contract immediately upon delivery of written notice of termination to the
CONSULTANT.
1.1.6 At all] times and for all purposes under this agreement the CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the
CONSULTANT or any of his/her employees, contractors, servants, or agents to be
employees of the Board of County Commissioners for Monroe County.
1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
in its recruiting, hiring, promoting, terminating, or any other area affecting employment
under this agreement or with the provision of services or goods under this agreement.
1.1.8 The CONSULTANT shall complete the scope of services no later than one year from
issuance of the Notice to Proceed by the County.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONSULTANT'S Scope of Basic Services consist of those described in Attachment A. The
CONSULTANT shall commence work on the services provided for in this Agreement promptly
upon his receipt of a written notice to proceed from the COUNTY.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions,
deficiencies,, or conflicts in the work product of the CONSULTANT or its subconsultants, or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement shall
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be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail,
return receipt requested, to the following:
Ms. Patricia (Trish) Smith, AICP
Transportation Program Manager
Monroe County Public Works and Engineering Division
102050 Overseas Highway, Suite 212
Key Largo, Florida 33037
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the Consultant:
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services are services not included in the Scope of Basic Services. Should the
COUNTY require additional services they shall be paid for by the COUNTY at rates or fees
negotiated at the time when services are required, but only if approved by the COUNTY
before commencement.
3.2 If Additional Services are required the COUNTY shall issue a letter requesting and
describing the requested services to the CONSULTANT. The CONSULTANT shall
respond with a fee proposal to perform the requested services. Only after receiving an
amendment to the Agreement and a notice to proceed from the COUNTY, shall the
CONSULTANT proceed with the Additional Services.
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 documents submitted by the CONSULTANT in order to avoid unreasonable
delay in the orderly and sequential progress of the CONSULTANT'S services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
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conformance with the Agreement Documents. Written notice shall be deemed to have been
duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONSULTANT'S services and work of the contractors.
4.5 The COUNTYs review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such documents are
generally consistent with the COUNTY's criteria, as, and if, modified. No review of such
documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy,
fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the work.
4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
51.1 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 Ibut not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons
employed or utilized by the CONSULTANT in the performance of the contract.
5.2 The first ten dollars ($10-00) of remuneration paid to the CONSULTANT is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced,
or lessened by the insurance requirements contained elsewhere within this agreement.
Should any claims be asserted against the COUNTY by virtue of any deficiency or
ambiguity in the plans and specifications provided by the CONSULTANT, the
CONSULTANT agrees, and warrants that he shall hold the COUNTY harmless and shall
indemnify him from all' losses occurring thereby and shall further defend any claim or
action on the COUNTY'S behalf.
5.3 In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONSULTANT'S failure to purchase or maintain the required
insurance, the CONSULTANT shall indemnify COUNTY from any and all increased
expenses resulting from such delays. Should any claims be asserted against COUNTY by
virtue of any deficiencies or ambiguity in the plans and specifications provide by the
CONSULTANT the CONSULTANT agrees, and warrants that CONSULTANT hold the
COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further
defend any claims or action on the COUNTY'S behalf.
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.5 This indemnification shall survive the expiration or early termination of the Agreement.
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ARTICLE VI
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
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced
the CONSULTANT shall notify the COUNTY of the change immediately.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7'.1.1 The COUNTY shall pay the CONSULTANT monthly in current funds for the
CONSULTANT'S performance of this Agreement based on the hourly rates outlined in
Attachment B. The Total Not to Exceed Amount of
will apply to this Agreement.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth
herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the
Local Government Prompt Payment Act 218.70, Florida Statutes.
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward
or downward;
(13) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice
shall describe with reasonable particularity the service rendered. The
CONSULTANT'S invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought at the COUNTY may require.
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7.3 REIMBURSABLE EXPENSES
Reimbursable expenses include expenses incurred by the CONSULTANT are not allowed
as pad of this contract.
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 COUNTYs 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 times that this Agreement is in effect. In the: event the completion of the
project (to include the work of others) is delayed or suspended as a result of the
CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting
from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI
or better, that is licensed to business in the State of Florida and that has an agent for
service of process within the State of Florida. The coverage shall contain an endorsement
providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage.
Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a
form acceptable to the COUNTY.
8.3 CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease,
Policy limits, $100,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims for
injuries to members of the public and/or damages to property of others arising from use
of motor vehicles, including onsite and offsite operations, and owned, hired or non-
owned vehicles, with $200,000 per person, $300,000 per Occurrence, $200,000
Property Damage or$300,000 combined single limit.
D. Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONSULTANT or any of its employees, agents or
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subcontractors or subconsultants, including Premises and/or Operations, Products and
Completed Operations, Independent Contractors; Broad Form Property Damage and a
Blanket Contractual Liability Endorsement with $300,00 per Person, $500,00 per
Occurence, $200,000 Property Damage or$500,000 Combined Single Limit.
An Occurrence Form policy its preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
E. Professional liability insurance of$300,000 per occurrence and $500,000 annual
aggregate. If the policy is a "'claims made" policy, CONSULTANT shall maintain
coverage or purchase a "tail" to cover claims made after completion of the project to
cover the statutory time limits in Chapter 95 of the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
G. CONSULTANT shall) require its subconsultants to be adequately insured at least to the
limits prescribed above, and to any increased limits of CONSULTANT if so required by
COUNTY during the term of this Agreement. COUNTY will not pay for increased limits
of insurance for subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured. The
COUNTY reserves the right to require a certified copy of such policies upon request.
I. If the CONSULTANT participates in a self-insurance fund, a. Certificate of Insurance will
be required. In addition, the CONSULTANT may be required to submit updated financial
statements from the fund upon request from the COUNTY.
ARTICLE IX.
MISCELLANEOUS
91.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY and
may be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
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9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners
for Monroe County and the CONSULTANT, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this agreement. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
rights in favor of, any third party.
9.5 TERMINATION
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by giving the
other party sixty(601) days written notice of its intention to do so.
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Qualifications, any addenda, the Form of
Agreement (Articles I-I'X), the CONSULTANT'S response to the RFQ, the documents
referred to in the Form of Agreement as a part of this Agreement, and attachments
, and modifications made after execution by written amendment. In
the event of any conflict between any of the Contract documents, the one imposing the
greater burden, on the CONSULTANT will control.
91.7 PUiBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on contracts to provide any goods or services to
a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, imay not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017 of the
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
By signing this,Agreement, CONSULTANT represents that the execution of this Agreement
will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid
hereto, and may result in debarment from COUNTY's competitive procurement activities.
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In addition to the foregoing, CONSULTANT further represents that there has been no
determination, based on an audit, that it or any subconsultant has committed an act defined.
by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been
formally charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved or whether CONUSULTANT has been ,placed on the convicted
vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act dlefined as a "public entity crime" or
has been placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five years from the
termination of this agreement. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the CONSULTANT, the CONSULTANT shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid by the COUNTY.
9.9 GOVERNING ILAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that
venue shall lie in the 1 tit' Judicial Circuit, Monroe County, Florida, in the appropriate court
or before the appropriate administrative body. This agreement shall not be subject to
arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall
be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdliction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and Iprovision of this Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the
Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
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9.11 ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement
or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney"s fees, court costs, investigative, and out-of-pocket expenses, as an award against
the non-prevailing party, and shall! include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the COUNTY and CONSULTANT and their respective legal representatives,
successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement; provided
that all applications, requests, grant proposals, and funding solicitations shall be approved
by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted
to be resolved by meet and confer sessions between representatives of each of the parties.
If no resolution can be agreed upon within 30 days after the first meet and confer session,
the issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law. This provision does not negate or waive the provisions of
paragraph 9.5 concerning termination or cancellation.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, COUNTY and
CONSULTANT agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. COUNTY and
CONSULTANT specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
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9.17 NONDISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. CONSULTANT
or COUNTY agrees to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited
to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on
the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972,
as amended (20 USC ss. 1681-16,83, and 1685-1686), which prohibits discrimination on the
basin of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC S. 794),
which prohibits discrimination on the basin of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616),
as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title
Vlll of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter
13, Article A which prohibits dliscrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status or
age; 11)Any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive benefits as
recited in this Agreement.
9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse
of public position, conflicting employment or contractual relationship; and disclosure or use
of certain information.
9.20 NO SOLICITATION/PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely for it,
to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely
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for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the
provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
9.21 PUBLIC ACCESS.
The CONSULTANT and COUNTY shall allow and permit reasonable access to, and
inspection of all documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY
shall have the right to unilaterally cancel this Agreement upon violation of this provision by
CONSULTANT.
The CONSULTANT is required under Chapter 119, Florida Statutes to:
A. Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service.
B. Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter 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. Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the contractor upon termination of
the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records
stored electronically must be provided to the public agency in a format that is
compatible with the information technology systems of the public agency.
9.22 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government (liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any contract entered into by the COUNTY be required to contain any provision for
waiver.
9.23 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of
the COUNTY, when performing their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the COUNTY.
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9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida constitution,
state statute, and case law.
9.25 NON-RELIANCE BY (NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit
of any service or program contemplated hereunder, and the CONSULTANT and the
COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the
execution of a truth in negotiation certificate stating that wage rates and other factual unit
costs supporting the compensation pursuant to the Agreement are accurate, complete, and
current at the time of contracting. The original contract price and any additions thereto shall
be adjusted to exclude any significant sums by which the agency determines the contract
price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end of
the Agreement.
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and ino member, officer, agent or employee of Monroe County shall be
liable personallly on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of whiich taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of
the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
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opportunity to participate in the performance of contracts financed in whole or in part
with COUNTY funds under this Agreement. The DBE requirements of applicable
federal and state laws and regulations apply to this Agreement. The COUNTY and its
CONSULTANT agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with applicable federal and state
laws and regulations to ensure that the DBE's have the opportunity to compete for
and perform contracts. The COUNTY and the CONSULTANT and subcontractors
shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of contracts, entered pursuant to this Agreement.
9.30 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
C.
b). The CONSULTANT and any sub-consultants shall not discriminate on the basis of race, color,
national origin or sex in the performance of this contract. The CONSULTANT shall carry out
applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted
contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of
this contract, which may result in the termination of this contract or such other remedy as the
COUNTY deems appropriate.
c). CONSULTANT will comply, and ensure its sub-consultants will comply, with the Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered
Transactions in 49 C.F.R. Part 291, when applicable.
d). Equal Employment Opportunity: In connection with the carrying out of any project, the
CONSULTANT shall not discriminate against any employee or applicant for employment
because of race, age, religion, color, sex national origin, disability or marital status. The
CONSULTANT will take affirmative action to ensure that-applicants are employed and that
employees are treated during employment without regard to their race, age, religion color,
gender, national origin, disability or marital status. Such action shall include, but not be limited to,
the following: employment upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
trainiing, including apprenticeship.
e). The CONSULTANT and all sub-consultants agree to utilize the U.S Department of Homeland
Security's E-verify System to verify the employment eligibility of all new employees haired by the
CONSULTANT or sub-consultants during the term of the contract.
q. The CONSULTANT will complete and submit the FDOT Anticipated DBE Participation
Statement Form No. 275-030-11A to identify DBE 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). The CONSULTANT will adhere to all applicable requirements outlined in the Local Agency
Program (LAP)Agreement between FDOT and Monroe County for this project. A copy of the
Agreement is included as Attachment D.
-28-
RFQ for Design of the Big Pine Swimming Hole
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.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
Date:
(Seal) CONSULTANT
Attest:
BY: By:
Title: Title:
END OF AGREEMENT
-29-
RFQ for Design of the Big Pine Swimming Hole
ATTACHMENT A
Consultant Scope of Services
(to be provided in final contract)
-30-
RFQ for Design of the Big Pine Swimming Hole
ATTACHMENT B
Consultant Hourly Rates
(to be provided in final contract)
_3 1-
RFQ for Design of the Big Pine Swimming Hole
ATTACHMENT C
Appendix I of FDOT Standard Professional Services Agreement
-32-
The fobW apply to an contracts in whdoh it to Andbatsd In SeoUort to of ya 6wwwd prat S"Wa
Aarnmont Oret the°arvioes lnvohre Ih°eVendlWrs of fed°rsl hands,:
A, k sal understood and agreed Ihal ey riphte of the Depwknonj roWk g to Irmpeotion,nwtsw,e
@C raen&.andShO aIt b the�'lmdr%Plana,s Ian%maps.dsts,and costrsmrdg mb pmvak�+tB,
reeefwd and hied by a 1910 Ded ramssanhftm of Is unlled of Ames
g, It In wrderslood and BSroad that,Ih antler to p�r*fadsnd partblpedon,no eupp
sneered Into by the hereto wkh new'too the walk to b°Pwbmod h emu nder wtgrnnw"�i►t t��o#P of A of the U S nature te, y be
Department of Tranep ortelWn,any kQ to the conbsry In MAC can ant not wtlhetandtr4.
C. TWoCompounce war Resgguulattone The Corr imw atadl comply V41h the Cow of U.S.Dspelrnerrt of Treaeportalton
Reg 40,code of 1-ederel Part 21,am they may 6a than t&ne a referred to as idle
tisgudaUarej,whtoh Oro incolpontlod by mlarenes and tiled®a pad of ft Agream
p. Ncatdlocdrntnaftt,' The ConeWWK wkh maW to tbs work performed during tho contrsat,shall not deerkrdnam en the
bases of mass,Dolor,naftarwt oregin,eeu,age.di reppton or finely elaWs rn the seledlion and of
nylon,hck,alnp procurenarde of nmtadm and ieeaee of egtdpmerlt. The Consultant will not parBmdpate Sow
dseaUy or M the dleotngnalloa�Wr Iblted b!►Sadbrr 21.8 of the ftsgtdatbme.Including amp juvolloss when the contretd oovare a program see foth In Appsndbr 8 oFthe RsQvl�ne.
E. { 81ArDarrtlacto„ Proe4x r14 of and E Wpment: In all sdk4mfxw neds by(he
oMi otenailap and s wak to ISO rrrad umber a suboont"L ktolkArlp
so t, potsMtst afar or dW be noWed the
of► .color,madr ° u erthis card msat and Iles RepukUons rile to nondlWadnedw on Ihs balmsrW.aft ags,dieabAMy.reftlan or ferrdgr status
F. Infer A t NOW R IF 011- The ComillontwR p ell No ropoAs AA►Iho f0et�ulotlono,Or
dlreayrreo Isouod punptaM titeebe,any wik parmk b>Ipa boatrs,MaQ4fda.eagorada,olhor sogn d k*Me tar.and be
use ss�deNemntMed Florida deporbnerdrelTntnsporbttton,Fsdsrsl' ns
a n oanpltsflce Wllh such ,orrtera 9. WhW PoNnent to
thw elootualve paoesaelsn of Onothsr who fetes or re�tasea fs �a of the Cortedtant le In
Flodde DsperlmentefTraneportation,f H Admen A'� a�� to tits
Adminletratlort,andlorlhe foderel Motor Center �Federal Trarudl n,Fs vlretton
mark►to atatrdn Ma IMonnsUon > ►Adrr+k�teVaUOnas aPPmPe,and shall lintit whets K hp
p, Boned"Ittr Nonmmptiertesm ki the evert of the Consultant's ramompilenoe wqh the Edon pmvklons of tMs
OOMIO Nor the FsdWW,Hbhwsy
�o�*ftm1 T�s11t AdmIrds*WootdonsWn,Fadand Awn Admlydetrstton,and/or f�arM Motor cWMF adely
Adsdnlstrallon may detormino to be eppropr[ala,lWudkq,but rat Ibaped t%
1. wMhholding ofpsyrnento loom under the o"Ouatard da Conowle t aomPNea,and/or
2. csnaellallon,to minetlon or auapsnmm of Ure cordr& ,In whole or en part.
H. i"od3l mdOn a PmvWO= Tho ConwAbW will includ°the provlatons of Paregmph c through H In awry oubconveA
n6 Pmcw mft of materials and Isas°O o(�quipment urdeee exampt by the Rogukftne,order,or Instructions issued pasaatent owel a, The Corusu*W witi tske=I$dM vAm tspsot toany wbebnu a or pro.*eWhsnt so g o lrbrtda'Deprp beet OF TM Federal 1e FedWW reneit Admk,tatretl ,f dWoi AwaIIon Aim andkr the Petard Wistor CenlerH�Aegrtnlste�t niay diesel as a m►asrus area �suit s,m eano9ons for nonoomptlavres. In thus swot a Caaukant irrwWei In,a to v,A9t.
of wIN►a srdtcontnedor or eu ea slor�epa#arsuab .the Consultant may request ilia Ftodda gepartrnont
aSla�tw� �auQh� atlon Ned states tea anlgr ktm, Rtat�D of T arid.to
regrraM Unl melon to pMtemlt the butouinsete of yta Untied
1, InWast of Membee of No member of or dWogdo to dmo C*Vraes of Ihs Unked StOlss will be admkled to any
share or Part of Uuls or to any bonsAt artetnp Umlefrom.
J.
Interest of PubkP ti IAriales No msmbear,otitosr,or employrua of Ua pubUc body ar of a load putltic body during,Me tenure orforon�yosr ahak have any dersd�Indbact,kt ttu�eantneat or the proceeds lhereef For purposes of this provlabn,pubUO body ehaU Include munlolpalNiea and athar poOUoal eubdlvislane of States;end pubRo aorporeUons.boards,end carrart�lara w0abllahed under Iha taws of arty slate,
K. b�r entailed Bushrsas deems The Cona dlent shalt agree to dada the aaatemmat Itaan
49 CFR Al b) This chap be In all SUbsequard agre r ntnte bahween ft Consulted and any
subow .ultardoroontraotor.
The COnWWA Sub Wd oranboonUft1lor shad nrd diaa kftto on teas beefs of rose,color,moonat orlgbr,
Of ON In the Pertomr t"of IhM ocalawl. The Oontn OR NOW CONY out applicable Mquiperments of 411 CFR Part
26 In the wand end adrebalakatim of DCT-scab led ow0rools. FalprPe by das Garpadiant io cony out
FmWI ements b a rneWW breach of IMe ocnpm6 which nay refit In UninInedon of thta I, 41morothwauth
rsu w*ae the racO d deems appmpdma
L. It Na mutUagy wrdar+alood and Ogread past IN W04 Wflcallon,dhtatlon or rni wntalton with nagrect to fawn
releNd to"p {e)dwarlbed in this arerat is s vIolabn of the Foderel t aw:AocordlW United a:"
Titre 18,tle�othtl 10 IetaSrebY Utco by rloa end made a Part Cf ttdC Apesnaent
M. t =with 4Q' ..odors 29941C sa s t at ous When w Y groom by o of
rl in
SIX
a the Consultant ehagprrf�e hnanSdiaMr wti>lara rattlae to the H is fiallw t d tl t the
r as set f M to CFR,SOOIIon .d 0 a!►antd�altaataN Eroduslsn-Low Covered
itl.ahe4 pe Iandtdad by the Calaaupmft In Sd kmar ter aCverad
ftnesdons and In all afaremandonsd I regulation.
M The De hereby co Mtea elan neither The aanaulasnt nor the conmAsAft mprSaO*&*hews peen repulred by the
�n�. directly or Inrltrsaiy me an or WOW condition In wM obtaMlr+g or out this
1. OM PIOV MOW.or ogres to empby or relate,any firm or pees M,or
2, pail,Or SOMO pa I+sY'.10 any Itrm,Pawn,ar C ' dm,any taro,contribution.doneft.or onnalderation of any Idndt
Ths Dapartrrnm fuAhar admowledgea tf afl this sWeament win be Wmished to a federal ,In connection with this
Involvingcmhd P padon of Federal-Ald and le ambled to apPl ONO Slats F rel Laws,bolh odminsl and
CIVIL
a, The Consultant herstry eetlltlaa that It has not.
i. arnNeyed or retained for a c mmislor%pwcwftp,brokerage.coreow%V.or otlam conaldarstlon.any fine or
Pin(Other than s bare fide 9mploym wo*ing coley for the above cmdreolor)to aft Or eeaaa tide convm*
2. Ogread,a81 an aWm or knp#md eondWa in,hr obtmlw4 thla coMM4 b►anplOY or retain than services of any Am or
pareon in owmapan With ftwntl cut ft Coaba ct or
2, Paid,or agreed to Pay.to any firm.crgenkstlon or petssn(otherillum a twna dda emplaces wading sotey for the
boveac n tlr;tor) contribution,donatlon,or consideration of any Wnd for.or in w19M Proatalrg or
GerrAThan conappaM Qutlutr lanOwtedges tthi conead
pia agn�tment will be furnished to the Stab of FWAa Depsorrrsnt of
TonNw tlon and a fadond nay b Cerewation wllh We contrast Involving participation of Fednal,Ald liunde,and is
mrblabt to apptioalds Stale and FWarol Laws,both orininal and civil.
RFQ for Design of the Big Pine Swimming Hole
ATTACHMENT D
LAP Agreement
-33-
STATE OF F..ORIDA DEPARTMENT OF TRANSPORTATION 525-010.40
LOCAL AGENCY PROGRAM AGREEMENT PFtODUCTIQNSUPPORT
OGC-04114
Page 1
FP'N: Fund: FLAIR Approp:
Federal No:435511-1 Org Code: FLAIR Obj:
FPN: Fund: FLAIR Approp:
Federal No: Org Code: FLAIR Obj:
FPN: Fund: FLAIR Approp:
Federal No: Org Code: FLAIR Obj:
FPN: Fund: FLAIR Approp:
Federal No: Org Code: FLAIR Obj:
County No: Contract No: Vendor No:VF596000749114
Data Universal Number System (DUNS)No: 80-939-7102 Local Agency DUNS No:073876757
Catalog of Federal Domestic Assistance(CFDA) 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this day of 2014 by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the
Department,and Monroe County Board of County Commission hereinafter called the Agency.
WITNESSETH:
WHEREAS,the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction includingi
the Implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida
Statutes,to enter into this Agreement;
NOW,THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Lower
Keys Scenic Viewing Area and as further described in Exhibit "A" attached hereto and by this reference made a part
hereof, hereinafter called the"Project,," and to provide Department financial assistance to the Agency and state the terms
and conditions upon which such assistance will be provided and the understandings as to the manner in which the Project
will be undertaken and completed.
1.011 Attachments: Exhibit(s) 1 A� and 8 are attached and made a part hereof.
2.011 General Requirements: The Agency shall complete the Project as described in Exhibit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable!
laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local Agency Program Manual, which by this, reference is
made a part hereof as if fully set forth herein. Time Is of the essence as to each and every obligation sand,-4r this
Agreement.
A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of the Project.
Inactivity and Removal of Any Unbilled Funds
Once the Department issues a Notice to Proceed (NTP)for the Project, the Agency shall be obligated to submilt an invoice
or other request for reimbursement to the Department for all work completed for the Project no less frequently than on a
quarterly basis, beginning from the day the NTP is issued. If the Agency falls to submit quarterly(or more frequently than
quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the
Department results In FHWA removing any unbilled funding or in the loss of State appropriation authority (which may
include the loss of state and Federal funds, if there are state funds programmed to the Project), then the Agency will be
solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to
provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the
Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State
appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de-
certification of the Agency for future LAP Projects.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTiONSUPPORT
OGG-04114
Papa 2
Removal of All Funds
If all funds are removed from the Project, including amounts ipreviously billed to the Department and reimbursed to the
Agency, and the Project is off the state highway system, then the department will have to request repayment for the
previously billed amounts from the Agency. No state funds can be used on off-system projects.
2.02 Expiration of Agreement: The Agency agrees to complete the Project on or before June 30. 2016, If the Agency
does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered)
termination of the Project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum,, approval, permit, notice
or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or
to undertake the Project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite.
2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, includingi
federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the Project.
2.06 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department
such data, reports, records, contracts, and other documents relating to the Project as the Department and the Federal
Highway Administration (FHWA)may require. The Agency shall use the Department's Local Agency Program Information
Tool and applicable information systems as required.
3.00 Project Cost:
3.01 Total Cost: The total cost of the Project Is $ 100.004. This amount is based upon the schedule of funding in Exhibit
"B." The Agency agrees to, bear all expenses in excess of the total cost of the Project and any deficits involved. The
schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.012 Department Participation: The Department agrees to participate In the Project cost to the extent provided in
Exhibit"B." This amount Includes federal-aid funds which are limited to the actual amount of federal-aid participation.
3,03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation in eligible Project costs Is subject to:
a) Legislative approval of the Department's appropriation request In the work program year that the Project is
scheduled to be committed;
b) Availability of funds as stated In paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the Project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement Is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement If incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 Multi-Year Commitment: In the event this Agreement is in excess of$25,000 and has a term for a period of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
STATE OF IFLORIDA DEPARTMENT OF TRANSPORTATION 525.010.40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
UGC—04114
Page 3
"(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter Into any
contract which, by its terms, involves the expenditure of money In excess of the amounts budgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The Department shall require a
statement from the comptroller of the Department that funds are available prior to entering into any such
contract or other (binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000
and which have a term for a period of more than 1 year."
3.05 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice-
to-Proceed (NTP)from the Department.The Agency agrees to advertise or put the Project out to bid thirty(30)days from
the date the Department issues the NTP to advertise the Project. If the Agency is not able to meet the scheduled
advertisement,the District LAP Administrator should be notified)as soon as possible.
3.07 Limits on Federal (Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49
G.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the Project or part
thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved In the amount determined to be adequately supported and the Department
shale notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld
until compliance Is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or Project costs in part or in total.
For any amounts determined to be Ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a Project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only In
conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by
mutual written agreement between the(Department and the Agency. If revised,a copy of the revision should be forwarded
to the Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and Is approved by the Department's
Comptroller,
5.00 Records:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred uncer the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project
records, together with supporting documents and records of the Agency and all subcontractors performing work on the
Project and all other records of the Agency and subcontractors considered necessary by the Department for a proper
audit of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be
retained until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the Project account all eligible costs of the Project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 Documentation of Project Costs: All costs charged to the Project, including any approved services contributed by
the Agency or others, shall be supported by properly executed payrolls„ time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40
(LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
OOC-0411i4
Page 4
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits
by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedurestprocesses deemed appropriate by the Department. In the event the Department determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the
Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Department"si Office of Inspector General (OIG),
and the Chief Financial Officer(CFO)or Auditor General.
Audlits
Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as
defined in OMB Circular A-133, as revised)are to have audits done annually using the following criteria:
1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as
revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources
of federal awards, including federal resources received from the Department. The determination of amounts of
federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General In accordance with the provisions OMB
Circular A-133,as revised,will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised.
3. If the recipient expends less than $600,000 in federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, its not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained
from other than federal entities),
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency,
Part II - State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (1), Florida
Statutes)are to have audits done annually using the following criteria:
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a state single or project-specific audit for
such fiscal year in accordance with Section 216.97, Florida Statutes, applicalble rules of the Executive Office of
the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. Exhibit "1° to this Agreement indicates state financial) assistance
awarded through the Department by this Agreement. In determining the state financial assistance expended In its
fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance
received from the Department, other state agencies, and other non-state entities. State financial assistance does
not include federal direct or pass-through awards and resources received by a non-state entity for federal
program matching requirements,
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with, the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2) (1 Florida Statutes, and Chapters 10.550 (local
governmental entities)or 10,650(nonprofit and for-profit organizations), Rules of the Auditor General.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION E25-010.40
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3. If the recipient expends less than $500,000 In state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audlit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. State awards are to be identified using the Catalog of State Financial Assistance(CSFA)title and number, award
number and year, and name of the state agency awarding it.
Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings.
Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the
audit findings Is required. Current year audit findings require corrective action and status of findings.
Records related to unresollved audit findings, appeals or litigation shall be retained until the action Is completed or the
dispute is resolved. Access to Project records and audit work Ipapers shall) be given to the Department, the Department of
Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or
arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other
state official.
Part IV-Report Submission:
1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OM'B Circular A
133, as revised, by or on behalf of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudlt(Mdot.state.fl.us
b) The Federal Audit Clearinghouse designated In OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1)and (2),OMB Circular A-133,as revised),at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 101"Street
Jeffersonville, IN 47132
c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular
A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
Federal Awards directly to each of the following:
Florida Department of Transportation
Office of Comptroller, MS 24
805 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit@dot.state.fl.us
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In addition, pursuant to Section .320 (0, OMB Circular A-133, as revised, the recipient shall submit a copy of the
financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management
Letters issued by the auditor,to the Department at each of the following addresses:
Florida Department of Transportation
Office of Comptroller, MS 24
606 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit(&dot.state.fl.us
3. Copies of the financial reporting package required by Part 11 of this Agreement shall be submitted by or on behalf
of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudit.Odot.state.fl.us
b) The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on
behalf of the recipient directly to:
a) The Department at each of the following address(es):
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSin IeAudit dot.state.fl.us
5. Any reports, Management Letters, or other Information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 110.650 (nonprofit and for-profit organizations),
Rules of the Auditor General,as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with, the terms of
this Agreement for a period of at least 51 years from the date the audit report Is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the
Independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General
upon request for a period of at least 5 years from the date the audit report Is issued, unless extended in writing by the
Department.
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5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized)
representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the Project.
The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub-
contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119„ (Florida Statutes,and made or received in conjunction with this Agreement(Section 287.058(1)
(c), Florida Statutes)unless the records are exempt.
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shad be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted In detail sufficient for a proper pre-audit and post-audit thereof(Section 287.058(1)(a), Florida
Statutes).
All recipients of funds from this Agreement, Including those contracted by the Agency, must submit bills for any travel)
expenses, when authorized' by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3-7ravel" of the (Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b),
Florida Statutes).
If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made
within 60 days to the Department, Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement
to the Agency In amounts and at times deemed by the Department to be proper to ensure the carrying out of the Project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may
elect by notice In writing not to make a payment if:
7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any
supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the Project which, under this
Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department that same are approved;
7.04 Conflict of Interests: There has been any violation of the'conflict of interest provisions contained here in paragraph
12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement.
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the Project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid.
7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all Projects costs
Incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit"B"for
the Project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010.40
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commencement and final invoice time Mines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Final Invoices: The Agency must submit the final invoice on the Project to the Department within 120 days after the
completion of the Project. Invoices submitted after the 120-day time period may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all
of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected or the Department may terminate this Agreement In whole or In part at any time the interest of the
Department requires such termination.
(a)If the Department determines that the performance of the Agency is not satisfactory,the Department shall notify the
Agency of the deficiency In writing with a requirement that the deficiency be corrected within thirty(30)days of such
notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the
deficiency is not corrected within such time period,the Department may either(1)immediately terminate the Agreement
as set forth In paragraph 8.(b) below, or(2)take whatever action is deemed appropriate by the Department to correct the
deficiency. In the event the Department chooses to take action and not terminate the Agreement,the Agency shall, upon
demand, promptly reimburse the Departmentfor any and all costs and expenses incurred by the Department in correcting
the deficiency.
(b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing,
with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be
terminated.
(c) If the Agreement is termiinated before the Project is completed, the Agency shall be paid only for the percentage of the
Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the
equivalent percentage of the contract price. All work in progress will become the property of the Department and will be
turned over promptly by the Agency.
8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension
notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following; (a) necessary action to terminate or suspend, as the case may be, Project activities
and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of
which the financing is to be computed; (b) furnish a statement of the Project activities and contracts and other
undertakings the cost of which are otherwise includable as Project costs. The termination or suspension shall be carried
out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and
conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a
reasonable time. The closing out of federal financial participation in the Project shall not constitute a waiver of any claim
which the Department may otherwise have arising out of this Agreement.
9.00 Contracts of Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant
or construction contracts or amendments thereto, with any third party with respect to the Project without the written
approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto
that participation by the Department In a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency shall certify to the
Department that selection has been accomplished in compliance with the Consultants'Competitive Negotiation Act.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52"10r10
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10.00 Disadvantaged Business Enterprise(DBE)Policy and Obligation: It is the policy of the Department that DBEs„
as defined in 49, C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement.. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreemient.
The Agency and its contractors agree to ensure that DBE's have the opportunity to (participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color„
national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the
Agency agrees that:
(a) Each financial assistance agreement signed with a US-DOT operating administration(or a primary recipient)must
include the following assurance:
"The recipient shall not discriminate on the basis of race, color, national origin, or sex !in the award and
performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of
49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to
ensure nondiscrimination In the award and administration of DOT-assisted contracts. The recipient's DBE
program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in
this Agreement. implementation of this program Is a legal obligation and failure to carry out its terms shall be
treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its
approved program, the Department may Impose sanctions as provided for under 49 C.F,R. Part 26 and may,
in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986(31 U.S.C. 3801 et seq.)."
(b)Each contract signed with a contractor(and each subcontract the prime contractor signs with a subcontractor)must
include the following assurance:
"The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, nationail origin,
or sex In the performance of this contract. The contractor shall carry out applicable requirements of 49 G.F.R.
Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result In the termination of this contract or such
other remedy as the recipient deems appropriate,"
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable
to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will
require its contractors and subcontractors to comply with, all requirements Imposed by applicable federal, state, and local
lawn and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
—Lower Tier Covered Transactions,"in 49 C.F.R. Part 29, when applicable.
11.01 Performance Evaluation: Agencies are evaluated on a proJeet-by-project basis. The evaluations provide
information about oversight needs and provide input for the recertification process. Evaluations are submitted to the
Agency's Responsible Charge or designee as part of the Project closeout process. The Department provides the
evaluation to the Agency no more than 30 days after final acceptance.
11.02 Performance Evaluation Ratings: Each evaluation will result in one of three ratings. A rating of Unsatisfactory
Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations,
standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the
Department. A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable
federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above
Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state
regulations, standards and procedures, without District involvement/oversight.
11.03 Delegation of Authority: The District will determine which functions can be further delegated to Agencies that
continuously earn Satisfactory and Above Satisfactory evaluations.
12.00 Restrictions, Prohibitions, Controls,and Labor Provisions:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION $2501040
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12.01 Equal Employment Opportunity: In connection wilth the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national origin,
disability or marital status. Such action shall include, but not be limited to, the following:employment upgrading,demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Agency shall Insert the foregoing provision modified only to show the
particular contractual relationship in all its contracts in connection with the development of operation of the Project, except
contracts for the standard commercial supplies or raw materials, and shall require all such contractors to Insert a similar
provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project
involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in
conspicuous places available to employees and applicants for employment for project work, notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI _Civil Rights Act of IVA: The Agency will comply with all the requirements imposed by Title VI of the
Civil' Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency(pursuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964,49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990(ADA): The Agency will comply with all the requirements as Imposed by
the ADA,the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not
submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide goods or services to a public entity; may, not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity;
may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any
public entity; and may not transact business with any public entity.
12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non Responsibility: An
entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or public work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connection with the Project or any property Included or planned to be included In
the Project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or hadl
acquired prior to the beginning of tenure any such Interest,and if such interest Is immediately disclosed to the Agency,the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to
be Included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
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The provisions of this paragraph shall not be applicable to any agreement between the Agency and Its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.018 Interest of Members of, or Delegates to,. Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or any benefit arising therefrom.
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations; for any liability arising from non-compliance with these regulations, and will reimburse the
Department for any loss incurred In connection therewith. The Agency will be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any
individual or entity not a panty to this Agreement.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shaill exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to,such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also
agrees not to pay, any bonus or commission for the purpose of obtaining an approval of Its application for the financing
hereunder.
13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing In order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as soon as possible with the Project.
13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities, the
Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. The
Department will review all plans and specifications and will issue to the Agency a written approval with any approved
portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate.
After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to
the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient
cause of nonpayment by the Department. The Agency will physically include Form FHWA-1273 in all its contracts anld
subcontracts.
13.08 Right-of-Way Certification: Upon completion of right-of-way activities on thle Project„ the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the Project, Including if no right-of-way is required.
13.09 Agency Certification: The Agency will certify in writing„ prior to Project closeout that the Project was completed in
accordance with appllcable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the Project is accepted by the Agency as suitable for the intended purpose.
13.110 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used !in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include
all genders.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01"0
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13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original and such counterparts together shall constitute one and the
same instrument.
13.12 Restrictions on Lobbying:
Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any 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.
If any funds other than federally-appropriated funds have been paid by the Agency 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 Agreement, the undersigned shall complete
and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions.
The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ❑ will ❑ will not,
maintain the improvements made for their useful life.
13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 30 working days to inspect
and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment(voucher)to the Department of Financial Services. The 20 days
are measured from the latter of the date the Invoice is received or the goods or services are received, inspected, and
approved,
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and services, a separate interest penalty in accordance with Section 215.422(3) (b), Florida Statutes, will be due and
payable in addition to the invoice amount to the Agency. Interest penalties of less than one$1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice its
provided to the Department.
A Vendor Ombudsman has been estalbllshed within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at 850-413-5516.
13.151 Reimbursement of(Federal Funds:
The Agency shall comply with all applicable federal guidelines,(procedures,and regulations. If at any time a review
conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were
not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment
to the Department of all funds awarded under the terms of this Agreement.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 52"1040
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
OGC-04/14
Pegs 13
13.16 E-VERIFY
The Agency:
1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all
new employees hired by Agency during the term of the contract;and
2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of
all new employees hired by the subcontractor during the contract term.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 62"10-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
OGC-04114
Pape 14
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY Monroe Co. Board of County Commission STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By: By;
Name:Sylvia Murphy Name:
Title: Mayor Title:
Attest: Attest:
Title: Title:
Legal Review:
See attached Encumbrance Form for date of funding approval by Comptroller.
MONROE COUNTY ATTORNEY
PROVED AS �7ORM:
20
NATILEENf» C SEMI.
ASSISTANT COUNTY ATTORNEY
Data.._.,..�� `
STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PROOUCT1ONsuppORT
08/05
Page
EXHIBIT"V
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CFDA#: 20.205 Highway Planning and Construction
Amount: $ 100,000
Compliance Requirement:
Allowable Activities:To be eligible, most projects must be located on public roads that are not functionally classified as
local.The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance
for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development, and technology transfer.
Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved
on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined In accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipienttsub-recipient.
Eligibility: By law, the federal-ald highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore, most projects are administered by or through
State Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as specified in 23 U.S.C, and implementing regulations. Territorial highway projects are funded in the same
manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Federal Land Highway Program (FLHP) projects are administered by the Federal Highway
Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management
Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal
Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal
Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA.
The Fish and Wlldlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park
Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the
FHWA jointly select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP)funding must comply with the statutory requirements in Sections
112.061, 215.422, 339.12,and 339.135, Florida Statutes,and Title 23 and Title 49, C.F.R.
0
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT
OW06
Page
EXHIBIT"III,'"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 435511-1
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Monroe County Board of County Commission
Dated
PROJECT LOCATION:
The project_is x is.not on the National Highway System.
The project_is x is not on the State Highway System.
PROJECT DESCRIPTION:
Design a scenic pull off including parking, landscaping, a boardwalk, and other overlook amenities adjacent to US 1 near
North Pine Channel.
SPECIAL CONSIDERATIONS BY AGENCY:
Thee audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number, (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action(receipt and disbursement of funds), any federal or local funding action,and
the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
Permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Design to be completed by June 30, 2016
b) Right-of-Way requirements identified and provided to the Department by June 30,2016
c) Right-of-Way to be certified by June 30, 2016
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
n/a
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 62"10-40
LOCAL AGENCY PROGRAM AGREEMENT PRODUOTION SUPPORT
09111
Page
EXHIBIT"B"
SCHEDULE OF FUNDING
AGENCY NAME&BILLING ADDRESS FPN:
Monroe County 13OCC 435511-1
PROJECT DESCRIPTION
Name: Lower KW Scenic NAsvWnq Area Length:
Termini: near MM 29 on the south side of US 1 acent to the east and of North Pine bInnel toff system)_
FUNDING
TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE&
PROJECTFUNDS FUNDS FEDERAL FUNDS
Planning FY:
FY:
FY:
Total Planning Cost
Project Development&Environment(PD&E)
FY:
FY: -
FY:
Total PD&E Cost.
Design FY: 14/15 1100.000
FY; 100,000
FY: -
Total Design Cast
Right-of-Way FY:
FY:
FY:
Total)Rl ht-af-Wa Cost
Construction FY: 17/18
FY.
FY:
FY:
Total Construction Cost
Construction Engineering and Inspection(CEI)
FY: 17118
FY:
FY:
Total CEI Cost
Total Construction and CEI Costs
TOTAL COST OF THE PROJECT 100,000
The Department's fiscal year begins on July 1. For this project,funds are not projected to be available until after the 1st of July of
each fiscal year.The Department will notify the Agency,in writing,when funds are available.
RFQ for Design of the Big Pine Swimming Hole
SECTION FOUR: RESPONSE FORMS
RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
1 acknowledge receipt of Addenda No.(s)
I have included:
o The Submission Response Form
a Lobbying and Conflict of Interest Clause
o Non-Collusion Affidavit
o Drug Free Workplace Form
o Respondent's Insurance and Indemnification Statement
o Insurance Agent's Statement
o Certification of Disclosure of Lobbying Activities on Federal Aid Contracts
a Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion for Federal Aid Contracts
In addition, I have included a current copy of the following professional and occupational licenses:
(Check mark items above, as a reminder that they are included.)
Mailing Address: Telephone:
Fax:
Date:
Signed: Witness:
(Seal)
(Name)
(Title)
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RFQ for Design of the Big Pine Swimming Hole
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
of
if
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the
County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct
from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee".
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by (name of affiant). He/She is personally
known to me or has produced as
identification. (type of identification)
NOTARY PUBLIC
My commission expires:
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RFQ for Design of the Big Pine Swimming Hole
NON-COLLUSION AFFIDAVIT
1, of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
1. 1 am
of the firm of
the bidder making the Proposal for the project described in the Request for
Qualifications for:
and that I executed the said proposal with full authority to do so:
2. the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this bid have
not been knowingly disclosed by the bidder and will not knowingly be disclosed by the
bidder prior to bid opening, directly or indirectly, to any other bidder or to any
competitor; and
4. no attempt has been made or will be made b the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
5. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
(Signature of Respondent) (Date)
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual signing) affixed his/her signature in the
space provided above on this day of 20
NOTARY PUBLIC
My Commission Expires:
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RFQ for Design of the Big Pine Swimming Hole
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working
on the commodities or contractual services that are under bid, the employee will abide by the terms
of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five (5) days
after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Respondent's Signature
Date
NOTARY PUBLIC
My Commission Expires:
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RFQ for Design of the Big Pine Swimming Hole
Respondent's Insurance and Indemnification Statement
Insurance Requirement Required Limits
Worker's Compensation Statutory Limits
Employer's Liability $100,000/$5000,000/$1,000,000
General Liability $300,000 per Person, $500,000 per
Occurrence, $200,000 Property Damage or
$500,000 Combined Single Limit
Vehicle Liability $200,000 per Person, $300,000 Per
occurrence, $200,000 Property Damage or
$300,000 Combined Single Limit
Professional Liability $500,000 per occurrence
$1,000,000 aggregate
IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS
The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and
Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses
and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons
employed or utilized by the CONSULTANT in the performance of the contract.
In the event that the completion of the project (to include the work of others) is delayed or suspended as a
result of the CONSULTANTS failure to purchase or maintain the required insurance, the CONSULTANT
shall indemnify-the-County from any and all increased expenses resulting from such delay. Should any
claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and
specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT
shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further
defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the
requirements.
Respondent Signature
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RFQ for Design of the Big Pine Swimming Hole
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY DEDUCTIBLES
Liability policies are Occurrence Claims Made
Insurance Agency Signature
Print Name:
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RFQ for Design of the Big Pine Swimming Hole
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES
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:
By: Date:
Authorized Signature:
Title:
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RFQ for Design of the Big Pine Swimming Hole
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,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:
By: Date:
Authorized Signature:
Title:
Instructions for Certification
1. By'Signing and submitting this certification with the proposal,the prospective lower tier participants 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
exeluded-from participation in this covered transaction,unless-duthorized by the department of agency with which this transaction originated.
6. 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 transaction and in all solicitations for lower tier covered transactions,
i. n 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 Nonprocurements 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 is 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.
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