Item C28 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 20t4— Division: Public Works/En gLqggnng--..-
Bulk Item: Yes ...X No Department: Facilities Maintenance
Staff Contact Person/Phone#: Bob Stone 797-1458
AGENDA ITEM WORDING: Approval of Task Order FM-TYLIN-001 with T.Y. Lin
International/H. J. Ross to provide design services for the replacement of various mechanical
equipment located at the Stock Island Jail complex.
ITEM BACKGROUND: On January 16, 2014, Monroe County entered into an agreement with 'T.Y.
Lin International/H.J. Ross for On Call Professional Engineering Services. After review, they were
next in line per the County's policy and chosen as the first qualified firm based on services listed in the
respondents' Statement of Qualifications.
PREVIOUS RELEVANT BOCC ACTION: On September 11, 2014, the Board of County
Commissioners approved the final FY 15 budget, capital plan of which included the replacement of
chillers, and air handlers at the Stock Island Jail and the replacement of the roof mounted air handler
and cooling tower at the MCSO Administration Building.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $79,315.04 INDIRECT COST. BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: Infrastructure Sales Tax
REVENUE PRODUCING: Yes —/)Nip X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: ti AGENDA ITEM#
Revised 7/019
MEMORANDUM
DATE: SEPTEMBER 23, 2013
TO: DENT PIERCE, PUBLIC WORKS DIVISION DIRECTOR
FROM: BOB STONE, MIDDLE KEY OPERATIONS DIRECTOR
RE: TASK ORDER FM-TYLIN-001
On September 11, 2014, the Monroe County Board of County
Commissioners approved the final FY 15 budget and capital plan, which
included the replacement of chillers and air handlers at the Stock Island
Jail and the replacement of the roof mounted air handler and cooling
tower at the MCSO Administration Building. The overall project budget is
$850,000.00. On January 16, 2014, Monroe County entered into an
agreement with T.Y. Lin International/H.J. Ross for On Call Professional
Engineering Services.
Professional engineering services are needed for the replacement and retrofit of
the equipment noted above. T.Y. Lin is the next firm in line per County policy
in providing these services. It is therefore requested that Task Order FM-
TYLIN-01 is approved.
Your positive consideration of this matter will be appreciated. If there
are any questions or more information is desired, please do not hesitate
to contact this office.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: T.Y. Lin International Task Order# FM-TYLIN-001
Effective Date: October 17, 2014
Expiration Date: Final Payment
Contract Purpose/Description:
Task Order#FM-TYLIN-001 to provide design services for the replacement of
.................
various mechanical equipment located at the Stock Island Jail complex
Contract Manager: -Bob Stone — 6077/3995 Facilities - 9 or 16 ............... ......................
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on Oct. 17, 2014 Agenda Deadline: Sept. 30, 2014
CONTRACT COSTS
Total Dollar Value of Task Order: $ 79,315.04 Current Year Portion: $ 79,315.04
Budgeted'? Yes® NoE] Account Codes:
Grant: $ Fund 308-24004—5W(oaO- C,61401
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: N/A For: .........(Not included in dollar value above) (Fl maintenance,utilities,janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed 'Reviewer
Division Director Yeso NoEEr' wa "3D
. ... .......................
.............
R isk Management E] Noo""
U Yes
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O.M.B./Purc Ling Itl Y,esn No
12 i1-Sll
County Attorney 9�qllltl Yesn N6%
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,Comments:
OMB Form Revised 2/27/01 MCP #2
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MONROE COUNTY
CONTRACT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES
TASK ORDER NUMBER FM-TY0UN-001
This Task Order made and entered into this 17 mday of October, 2014, by and between
Monroe COUNTY hereinafter referred to as the "COUNTY", through the Monroe
COUNTY Board of COUNTY Commissioners /B{JCC\, the Owner and T.Y. Lin
International/H.J. Ross, hereinafter referred to as "CONSULTANT", is predicated upon
the Contract for On Call Professional Engineering Services made and entered into the
16 m day ofJanuary, 2O14byand between the COUNTY and CONSULTANT.
All the terms and conditions of the referenced Contract for On Cm|| Professional
Engineering Services apply to this Task Order, unless changed by completion of the
following contract paragraphs. Any additions/deletions/changes to those contract
requirements, as identified as such, override the contract requirement, which is
permitted by the contact language.
Contract
Para. No. Change,Title and Descriotion
2.1 Add Para. 2.1.1, Scope of Sennlmem
2'1'1 Scope of Services
CONSULTANT will furnish the personnel, services, equipment, materials, and
other requirements necessary for providing design, contract administration and
reporting services for the following and hereinafter referred to as EQUIPMENT:
1. Replacement of Monroe County Sheriff's Administration Building's rooftop
chilled water air handier, possibly incorporating heat pipe technology, UV
lighting and demand ventilation
2. Replacement of up to three Carrier air handlers (depending on budget)
located within the Stock Island Jail, possibly incorporating heat pipe
technology, UV lighting and demand ventilation
3. Retrofit of the Stock Island]ai|'s existing HVAC constant flow condenser and
chilled water system with variable flow systems.
Task Order PW-TYLIN-001 l
\
➢ Stock Island Jail has two original 300-ton York Chillers with their own BAC
cooling towers along with two condenser pumps, two chilled water
pumps and two secondary chilled water pumps.
➢ Proposed Retrofit, at a minimum, would include:
■ Replacement of existing chillers with variable flow Mag-Lev
chillers
■ Replace existing chilled water pump motors with premium
efficiency, inverter duty motors and install variable frequency
drives
■ Confirm existing cooling tower motors are inverter duty and
install variable frequency drives
■ Implement revised controls scheme for new variable system —
Current building automation system program is Insight/Apogee by
Siemens
4. Replace MCSO Administration Building's 300 GPM cooling tower
5. Develop and implement energy measurement and verification strategies,
including current energy models along with post retrofit models that will
track performance
6. Consultant shall provide construction cost estimates to maintain total project
budget at or under$840,000.00.
The scope of services to be provided under this task order is described below.
1.1 Project Kick Off Meeting
Following CONSULTANT receipt of contract documents authorizing the work,
CONSULTANT will coordinate with the COUNTY to schedule and conduct a kick-
off meeting with key COUNTY staff and CONSULTANT staff assigned to this
project. The purpose of the meeting will be to confirm that both the
CONSULTANT project team and the COUNTY clearly understand the scope and
schedule to perform the work, project constraints, project risks, and that the
COUNTY's expectations of the results of the work are aligned with
CONSULTANT's understanding of its performance requirements. CONSULTANT
will prepare and distribute meeting minutes via e-mail. The meeting is estimated
to last approximately one half day and is to be held in the city of Key West.
Task Order PW-TYLIN-001 2
I
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During the kick-off meeting, the following will also beaccomplished:
• Introduce members ofCONSULTANT project team to key COUNTY staff
• Identify the primary Point of Contact for both CONSULTANT and the
COUNTY
~ Establish the desired chain Vfcommunication
• Determine site access restrictions and escort/security requirements
• Review schedule and identify known schedule constraints
w Provide and receive feedback on possible energy conservation measures
w Discuss and identify foreseeable negative impacts upon facility users
during construction and possible mitigation strategies
m Verify invoicing schedule and format
Proposed EQUIPMENT shall not:
2' Jeopardize the operation or environmental conditions of dedicated
computers or computer rooms;
2- Increase water consumption; e.g., once through fresh water cooling
systems
3' Result inan adverse effect upon the quality of the human environment or
violate any Federal,State, orlocal environmental protection regulations;
4. Degrade performance or reliability ofexisting COUNTY equipment;
S. Reduce extra capacity that was intentionally included for future growth,
mobilization needs, safety, ur emergency back-up;
6. \/io|o1e current versions of national codes (e.g., National Electric Code,
Uniform Building Code, etc, State or local building codes; See Section
C.5.2); or
7' Create unsafe conditions or otherwise adversely impact COUNTY
facilities, operations, and/or personnel;
1.2 EQUIPMENT Design and Construction Documents
Task Order PW-TYLDN-001 3
1. CONSULTANT shall confer with COUNTY staff to define EQUIPMENT
scope of work. CONSULTANT shall conduct a discovery site survey to
evaluate the identified Heating, Ventilating and Air Conditioning (HVAC)
systems to develop an inventory of system equipment and confirm as-
built conditions.
2. The design and construction package shall be prepared per Paragraph
1.1.3 of the Contract for On Call Professional Engineering Services and at
a minimum, shall include the following:
1. Design Specifications The CONSULTANT shall identify and
provide design specifications applicable to installed EQUIPMENT.
2. Construction Drawings Construction drawings shall be prepared
showing in detail:
• The installation (i.e., form, fit, and attachment details) of the
interface between EQUIPMENT and existing COUNTY
equipment.
• The location of installed equipment on building floor plans.
• Certification of EQUIPMENT Compliance with Building Codes
and Standards. The CONSULTANT shall provide registered
engineer certification that all EQUIPMENT complies with
applicable building codes and standards.
4. Design documents along with CONSULTANT construction cost
estimates will require both a preliminary and final review by the
COUNTY as follows: Schematic; 30%, 60% & 100% of Design
Development and 30%, 60%, 90% & 100% of Construction
Drawing phases.
5. At a minimum, all work, equipment and materials required for
EQUIPMENT installation shall comply with the most recent issue
of the design and construction standards indicated in the delivery
order as applicable. The following list of standards is provided as
a guideline for establishing these requirements.
• American National Standards Institute (ANSI)
• Code of Federal Regulations (CFR)
- 29 CFR 1910 Occupational Safety and Health Standards
I
Task Order PW-TYLIN-001 4
- 10 CFR 435 Energy Conservation Voluntary Performance
Standards for Commercial and Multi-Family High Rise
Residential Buildings
-29 CFR 1926 Safety and Health Regulations for Construction
• National Electric Code (NEC)
• National Electrical Safety Code (NESC)
• National Fire Protection Association (NFPA) Standards
including, but not limited to NFPA 101- Life Safety Code
• National Electrical Manufacturers Association (NEMA).
• Underwriters Laboratory(UL).
• Uniform Building Code (UBC)
• Uniform Plumbing Code (UPC)
• American Society of Heating, Refrigeration and Air-
Conditioning Engineers (ASHRAE)
-ASHRAE 90.1
• Army Corps of Engineers Safety Manual
• National Electrical Manufacturers Association (NEMA)
• National Historic Preservation Act, as applicable
• Illuminating Engineering Society of North America (IES)
• American Institute of Architects (AIA) Masterspec
• Air Conditioning and Refrigeration Institute(ARI)
• Occupational Safety and Health Administration regulations
1.3 EQUIPMENT Commissioning
The CONSULTANT shall assure the COUNTY through EQUIPMENT Commissioning
that the EQUIPMENT performance achieves facility performance requirements
as set out in the CONSULTANT'S design. The EQUIPMENT Commissioning shall
be accomplished through a process of verification and documentation, from the
post-award design phase to Acceptance.
1„ EQUIPMENT Commissioning Approach - The CONSULTANT shall
submit with its final design documents, a severable EQUIPMENT
Commissioning Approach document that utilizes data and factors
derived from the design, needed to achieve facility performance
requirements.
2. EQUIPMENT Commissioning Plan - The CONSULTANT shall
provide a Commissioning Plan that finalizes the Commissioning
Approach and addresses each EQUIPMENT installation with
specific steps that will be taken during the commissioning process.
Task Order PW-TYLIN-001 5
,
1 EQUIPMENT Commissioning Report - The CONSULTANT shall
submit a Commissioning Report documenting the EQUIPMENT
affect upon facility performance requirements in accordance with
the Commissioning Plan.
1.4 Bidding Phase
l. The CONSULTANT, following the Owner's Approval of the Construction
Documents and the C(J0SU[TA07~s latest estimate of Construction Cost,
shall assist the Owner in obtaining bids and in preparing contracts for
construction.
2. The CONSULTANT shall assist the Owner in issuing bidding documents 1u
bidders and participating in a pre-bid conference with prospective
bidders. The CONSULTANT, through the Owner and via addenda, shall
respond to questions from bidders. One on-site pre-bid conference will
be scheduled. On the same day, a Facility User conference will be
scheduled to give and receive feedback asto the scope and status ofthe
Project.
1.5 Construction Phase
1. The C[)NSULTANT's responsibility to provide Basic Services for the
� Construction Phase under this Task Order commences with the award of
the Contract for Construction and terminates with the issuance of the
final Project Certificate for Payment including the submission of all
project closeout documents by the CONSULTANT and Contractor.
2. The CONSULTANT shall have access to the Work whenever it is in
preparation mrprogress.
3. The CONSULTANT shall, as contemplated herein and in the Construction
Contract, but not otherwise, act on behalf and be the agent of the
Owner throughout construction of the Project. Instructions, directions
and other appropriate communications from the CONSULTANT to the
Contractor shall be given through the Owner.
4' The CONSULTANT shall have authority, after notification to the Owner to
reject Work, which dogs not conform to the Contract Documents.
Task Order 9W-Tl1LTN-O0l 0
|
5. The CONSULTANT shall review and sign or take other appropriate action
on required submittals, Change Orders and Construction Change
Directives.
6. The CONSULTANT shall promptly provide appropriate interpretations as
necessary for the proper execution of the work as long as there is no
change in Contract price.
7. The CONSULTANT, assisted by the Owner shall conduct inspections to
determine the adequacy of equipment installation, dates of Substantial
Completion and the date of Final Completion. For the purpose of this
Task Order, the CONSULTANT shall schedule to attend two (2) on-site
Coordination Meetings and inspections through the course of
construction, one (1) Substantial Completion inspection and one (1) Final
Completion inspection and Closeout Conference.
8. The CONSULTANT shall render written decisions within a reasonable time
on all claims, disputes or other matters in question between Owner and
Contractors relating to the execution or progress of the Work.
9. The CONSULTANT shall not have control over or charge of and shall not
be responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs in connection with
the Work, since these are solely the Contractor's responsibility under the
Contract for Construction. The CONSULTANT shall not be responsible for
the Contractor's schedules or failure to carry out the work in accordance
with the contract documents. The CONSULTANT shall not have control
over or charge of acts or omissions of the Contractor, Subcontractors or
their agents or employees or of any other persons performing portions of
the work.
10. The CONSULTANT shall, without additional compensation, promptly
correct any errors, omissions, deficiencies or conflicts in the work product
of the CONSULTANT or its sub-consultants.
2.0 Milestone Schedule
Task Order FW-TYLIN-001 7
1. MCBOCC approval of Task Order 10/15/14
2. Task Order Execution 11/1/14
3. Design Phase 11/1/14 - 1/30/15
4. Bidding Phase 2/1/15 - 3/15/15
4. Construction Phase 4/16/15 - 7/16/15
S. Closeout Phase 7/5/15 - 7/15/15
2.3 Notice Re uirements-Change Para.2.3 per the following:
2.3.1 All written correspondence to the COUNTY shall be dated and signed by
an authorized representative of the CONSULTANT. Any notice required or
permitted under this agreement shall be in writing and hand delivered or mailed,
postage prepaid, to the COUNTY by certified mail, return receipt requested, to
the following:
Mr. Bob Stone
Monroe COUNTY Public Works
1600 Aviation Blvd.
Marathon, Florida 33050
And
Mr. Roman Gastesi,Jr.
COUNTY Administrator
1100 Simonton Street
Key West, Florida 33040
For the CONSULTANT:
Mr. Francisco J.Alonso, PE
T.Y. Lin International/H.J. Ross
201 Alhambra Circle,Suite 900
Coral Gables, FL 33134
Task Order PW-TYLIN-001 8
7.1 PAYMENT SUM—Change Para.7.1.1 per the following:
7.1.1 Fees for services described above will be invoiced on a percentage of
completion Lump Sum basis, and total $79,315.04. The fee includes all labor and
expenses, which can reasonably be anticipated to complete the scope of services
as stated, and includes travel costs and expendable supplies. There will be no
reimbursable expenses.
Prior to the first invoice, the CONSULTANT shall submit for COUNTY approval, a
Schedule of Values for services.
CONSULTANT will invoice the COUNTY on a monthly basis. CONSULTANT
invoices will reflect the value of the services delivered in the previous month.
Upon the COUNTY's receipt of an acceptable and approved invoice, payments
will be made pursuant to the Local Government Prompt Payment Act 218.40,
Florida Statures.
The terms and conditions of the executed Contract for On Call Professional
Engineering Services as approved by the Monroe County Board of County
Commissioners on January 16, 2014 shall apply to this Task Order, except to the
extent expressly modified above.
IN WITNESS WHEREOF, each party caused this Task Order to be executed by its duly
authorized representative on the day and year first above written.
(Seal)
Attest: Board of County Commissioners
Amy Heavilin, Clerk of Monroe County, Florida
By: By:
Deputy Clerk Mayor/Chairman
I 'V Y""E �0111 I N-1`
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Task Order PW-TYLIN-001 9
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(Seal)
Attest: CONSULTANT
T.Y. Lin International/ H.J. Ross
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Task Order PW-TYLIN-001 10
AGREEMENT FOR
ON CALL PROFESSIONAL ENGINEERING SERVICES
This Agreement ("'Ag,reement") made and entered into this 14P r#day of
20 by and between Monroe County, a political subdivision of the State of Florida, M a
.dAteas
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
T.Y. Lin International / H.J. Ross, a Corporation of the State of California, whose
corporate address is 2 Harrison Street, Suite 500, San Francisco, California 94105 and whose
office location for work performed is 201 Alhambra Circle, Suite 900, Coral Gables, Florida 33134
its successors and assigns, hereinafter referred to as"CONSULTANT",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional engineering services of CONSULTANT
for various County Projects located in Monroe County, Florida and
WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous projects
in which construction costs do not exceed $2,000,000.00
The professional services required by this Contract will be for services in the form of a continuing
contract, commencing the effective date of this agreement and ending four years thereafter, with
options for the County to renew for one additional 1 year period.
Specific services will be performed pursuant to individual task orders issued by the COUNTY and
agreed to by the CONSULTANT.Task Orders will contain specific scope of work, time schedule,
charges and payment conditions, and additional terms and conditions that are applicable to such
Task Orders_
Executionof a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's
written authorization to CONSULTANT to proceed with the services described in the Task Order,
The terms and conditions of this Agreement shall apply to each Task Order, except to the extent
expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of
this Agreement to be modified will be specifically referenced in the Task Order and the modification
shall be precisely described.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
FORM OF AGREEMENT
ARTICLE 1
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 CONSULTANTS 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.
1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including, but
not limited to, all contract plans and specifications, in such a manner that they shall be in
conformity and comply with all applicable law, codes and regulations. The CONSULTANT
warrants that the documents prepared as a part of this Contract will be adequate and
sufficient to accomplish the purposes of the Project, therefore, eliminating any additional
construction cost due to missing or incorrect design elements in the contract documents;
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.
1.1.6 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.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 SCOPE OF WORK
The CONSULTANT will perform for the COUNTY services as described in individual Task Orders
in accordance with the requirements outlined in the Agreement and the specific Task Order.
2.2 CORRECTION OF ERRORS, OMISSIONS,DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions,
deficiencies,or conflicts in the work product of the CONSULTANT or its subconsultants,or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement shall
be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail,
return receipt requested, to the following:
Ms. Judith Clarke, P.E.
Director of Engineering Services
Monroe County
1100 Simonton Street, Room 2-216
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the Consultant:
Mr. Joe L. Gomez, P.E.
Principal in Charge
201 Alhambra Circle, Suite 900
Coral Gables, Florida 33134
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.
I
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-
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 COUNTY's review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such documents are
generally consistent with the COUNTY's criteria, as, and if, modified. No review of such
documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy,
fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the work.
4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless
COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers
and employees from liabilities, damages, losses and costs, including but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons
employed or utilized by the CONSULTANT in the performance of the contract.
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.
6.5 This indemnification shall survive the expiration or early termination of the Agreement.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following named
individuals will perform those functions as indicated:
NAME FUNCTION
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 in current funds for the CONSULTANT'S
performance of this Agreement based on rates negotiated and agreed upon and shown in
Attachment A.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth
herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the
Local Government Prompt Payment Act 218.70, Florida Statutes.
(A) If the CONSULTANT'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward
or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services properly
rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice
shall describe with reasonable particularity the service rendered. The
CONSULTANT'S invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought at the COUNTY may require.
7.3 REIMBURSABLE EXPENSES
7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of
the project:
a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses
in connection with travel authorized by the COUNTY, in writing, but only to the extent
and in the amounts authorized by Section 112.061, Florida Statutes;
b. Cost of reproducing maps or drawings or other materials used in performing the scope
of services;
c. Postage and handling of reports;
7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal
year(October 1 -September 30) by COUNTY's Board of County Commissioners. The
budgeted amount may only be modified by an affirmative act of the COUNTY's Board of
County Commissioners.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration.
ARTICLE VIII
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of the
project (to include the work of others) is delayed or suspended as a result of the
CONSULTANT'S failure to purchase or maintain the required insurance, the
CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting
from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI
or better, that is licensed to business in the State of Florida and that has an agent for
service of process within the State of Florida. The coverage shall contain an endorsement
providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage.
Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a
form acceptable to the COUNTY.
8.3 CONSULTANT shall obtain and maintain the following policies;
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 $1,000,000 per Accident, $1,000,000
Disease, policy limits, $1,000,000 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 offslte operations, and owned, hired or non-
owned vehicles, with One Million Dollars ($1,000,000.00)combined single limit and One
Million Dollars($1,000,000.00) annual aggregate.
D_ Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONSULTANT or any of its employees, agents or
subcontractors or subconsultants, including Premises and/or Operations, Products and
Completed Operations, Independent Contractors; Broad Form Property Damage and a
Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per
occurrence and annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
E. Professional liability insurance of One Million Dollars($1,000,000.00) per occurrence
and Two Million Dollars ($2,000,000.00)annual aggregate. If the policy is a"claims
made" policy, CONSULTANT shall maintain coverage or purchase a"tail"to cover
claims made after completion of the project to cover the statutory time limits in Chapter
95 of the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
G. CONSULTANT shall require its subconsultants to be adequately insured at least to the
limits prescribed above, and to any increased limits of CONSULTANT if so required by
COUNTY during the term of this Agreement. COUNTY will not pay for increased limits
of insurance for subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured. The
COUNTY reserves the right to require a certified copy of such policies upon request.
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
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY and
may be reproduced and copied without acknowledgement or permission of the
CONSULTANT.
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(60)days written notice of its intention to do so.
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Proposals, any addenda, the Form of Agreement
(Articles I-IX), the CONSULTANT'S response to the RFQ, the documents referred to in
the Form of Agreement as a part of this Agreement, and attachments A, B and C, and
modifications made after execution by written amendment. In the event of any conflict
between any of the Contract documents, the one Imposing the greater burden on
the CONSULTANT will control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on contracts to provide any goods or services to
a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017 of the
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this Agreement
will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid
hereto,and may result in debarment from COUNTY's competitive procurement activities.
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 defined as a "public entity crime" or
has been placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five 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 LAW,VENUE, INTERPRETATION, COSTS,AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State. In
the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that
venue shall lie in the 16'" 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 jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the
Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
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.
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. 1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC S. 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616),
as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title
Vill 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 VI, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status or
age; 11)Any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of,this Agreement.
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
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.
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.
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 caPacitYy, and no member,
r ofcer, agent or employee ee of Monroe County shal
l be
liable personally on this Agreement or be subject to any personal liability or accountability
by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
I
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
9.29 Disadvantaged Business Enterprise(DBE) Policy and Obligation- It is the policy of
the COUNTY 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 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
B.
b). The CONSULTANT and any sub-consultants shall not discriminate on the basis of race, color,
national origin or sex in the performance of this contract. The CONSULTANT shall carry out
applicable requirements 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 29,when applicable.
d). Equal Employment Opportunity: In connection with the carrying out of any project, the
CONSULTANT shall not discriminate against any employee or applicant for employment
because of race, age, religion, color, sex national origin, disability or marital status. 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
training, 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 hired by the
CONSULTANT or sub-consultants during the term of the contract.
f).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). Executed copies of the FDOT Certification for Disclosure of Lobbying Activities on
Federal Aid Contracts and the Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion for Federal Aid Contracts are included as Attachment C.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(Aft
AL)ar` ,� BOARD OF COUNTY COMMISSIONERS
b" G Attest Y HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
6y:-:�M A A 12A By:
Deputy Jerk Mayor/Ch irman
Date: "
C $M�aegis k
«* MY C0D/MI6IlIO4 N EE005478
(Seal) IRSS MOW 09,2014 CO SUL
Attest: 40,
mow,.
BY: By: —,
Title: t Title: A
MONROE COUNTY ATTORNEY
APPR VED AS TO FORM,:
END OF AGREEMENT
cMINI I TIN 7 1 IMBERT-BARROWS
ASSI TAN 'OC1 TY ATTORNEY
Date .. � .a .,�
ATTACHMENT A
CONSULTANT RATES
ATTACHMENT A-CONSULTANT RATES
ATTACHMENT A—CONSULTANT RATES
JOB CLASSIFICATION BURDENED HOURLY RATE
Project Manager $175.00
Senior Engineer $160.00
..
Project Engineer $125.00
Engineer $98.00
_.®._..............................
Engineer Intern $78.00
CADD Technician $63.50
Administrative $38.00
Surveyor/Mapper $111.00
3 Man Crew(Daily Burdened) $900.00
4 Man Crew (Daily Burdened) $1100.00
Landscape Architect $124.00
p Designer $75 00
Landsca a Deine
_W..�.���.��e,�..� _ ,.
ATTACHMENT B
APPENDIX I OF THE FDOT STANDARD PROFESSIONAL SERVICES AGREEMENT
TERMS FOR FEDERAL.AID CONTRACTS(APPENDIX Q*
The following terms apply to all contracts in which it Is indicated in Section 63 of the Standard Professional Services
Agreement that the services Involve the expenditure of federal funds;
A It Is understood and agreed that all rights of the Department relating to Inspection,review,approval,patents,
copyrights,and audit of the work,tracing,plans,specifications,maps,data,and cost records relating to this
Agreement shall also be reserved and held by authorized representatives of the United States of America.
B. It is understood and agreed that,in order to permit federal participation,no supplemental agreement of any nature may be
entered Into by the parties hereto with regard to the work to be performed hereunder without the approval of the U.S.
Department of Transportation,anything to the contrary In this Agreement not wlthstanding.
C. Compliance with Regulations: The Consultant shall comply with the Regulations of the U,S.Department of Transportation
Title 49, Code of Federal Regulations,Part 21,as they may be amended from time to time,(hereinafter referred to as the
Regulations),which are herein Incorporated by reference and made a part of this Agreement
D. Nondiscrimination: The Consultant,with regard to the work performed during the contract,shall not discriminate on the
basis of race,color,national origin,sex,age,disability,religion or family status In the selection and retention of
subcontractors,including procurements of material and leases of equipment. The Consultant will not participate either
directly or indirectly In the discrimination prohibited by Section 21.5 of the Regulations,including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
E Solloliatlorls for$ubccontracto,including Procurements of Materials and Equipment: In all sollcitalliona made by this
Consultant,sillier by competitive bidding or negotiation for weak to be performed under a subcontract Including
procurements of materials and Messes of equipment,$Rich potential subconlraolor or euppltar shall be nolmad by the
Consultant of the Consultants obligations under this contract and the Reguialions relative to nondiscrimination on the basis
,of race,color,national origin,sex ago,dlcebility,religion or family status,
F. Information and Reportai The Consultant will provide all information and reports required by the Regulations,or dlraotives
issued pursuant thereto„anid will permit access to its books,records,accounts,other sources of Information,and its,
facilities as may bodolannined by the Florida Department of Trensportadon,Federal highway Administration,Federal
Transit Administration,Federal Aviation Administration,andlor Federal Motor Cantor Salfet,y Administration to be peWnient to
ascertain compilance with such Regulations,orders and,instructions. Where any briformallon required of the Consultant is In
this exclusive possession of another who folis or refuses to furnish this Information,the Consultant shall so certlfy tin the
Florida Department of Transpor4tatlod,Federal Highway Administration,Federal Trani Admintetratton,Federal Aviation
Admtnistratfon,and/or the Federal Motor Carrier solely Adminlsuationes appropriate,and shall set form what.efforts It has
made to obtain the Information.
G. Sanctions for Noncompilanow In the event of the Consultant°a noncompliance with the nondiscrimination provisions of this
contract,the Florida Department of Trarrspoitation shall Impose suchi contract sanctions as It or the Federal Highway
Administration,Federal Transit Administralion„Federal Aviation Administration,and/or Federal Motor Carrier Safely
Administration may determine to be appropriate,Including,but not limited to,
1, withholding of payments to the Consultant under the contract until the Consultant complies and/or
2. cancellation,termination or suspension of the contract,In whole or In part.
H. Incorporation or Provlsione• The Consultant will Include this provisions of Paragraph 0 through H In every subcontraotp
Inoluding procurements of materials and leases Of equipment unless exempt,by the Fteguisttens,order,or Instructions
Issued pursuant thereto. The Consultantwitl take such action with respeotto any subcontract or procurement Oaths
Florida Departmentt of Transportation,Federal highway Administrallon,Federal Transit Adminlsaration,Federal.,Avlatlon
AdimInist ration,and/or the Federal Motor Carrier Safety Administration may dlrei as a means of enfool ieg such
provlslons,Including sanctions for noncompliance. in the event a Consultant becomes Involved ln,or Is threatened with,
litigation with a subcontractor or supplier as a rasuft of such direction,the Consultant may request the Florida Department
of Transportation to anter into such Ihi'galton to protect the Nntereels of the.Florida Department of Transportation,and,In
addition,the Consultant may request the United States to enter Into such litigation to protect the Interests of the United
States.
u Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted to any
share or part of this contract or to any benefit arising therefrom.
j Interest of Public Offlclsls: No member,officer,or employee of the public body or of a local public body during his tenure
or idr one year thereafter shall have any Interest,direct or Indirect,In this contract or the proceeds thereof. For purposes
of this provision,public body shell Include munlyd alilles and other political subdivisions of States;and public corporations,
boards,and commissions estoW,Ishad under iha awe of any State.
K. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following statement from
49 CFR 26.13(b). This statements shall be included In all subsequent agreements between the Consultant and any
subconsultant or contractor.
The Consultant,sub recipient or subcontractor shall not discriminate on the basis of race,color,national origin,
or sex In the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of DOT-assisted contracts. Failure by the Consultant to carry out these
requirements Is a material breach of this contract,which may result In termination of this contract or other such
remedy as the recipient deems appropriate.
L It is mutually understood and agreed that the willful falsification,distortion or misrepresentation with respect to any facts
related to the projects)described in this Agreement Is a violation of the Federal Law.Accordingly,United States Code,
Title 18,Section 1020,Is hereby incorporated by reference and made a part of this Agreement.
M It Is understood and agreed that 0 the Consultant at any tima teams that the certification It provided the Department In
compliance uw0h 40 CFR,Section 26.51,was srro sous when submitted or has become erroneous by reason of changed
olrcumstana s„the Caonsultantshaft provide tmmsdlats written notice to The N epartmont.,It is further agreed that the clause
Wad"Cet1«lOcallon Regarding Debarment,Suspension,lnellglblllty and Voluntary Excluslon-Lower Tier Covered
Transaction"as set forth In 49 CFR,Section 29.510,shall be Included by the Consultant In all lower tier covered
transactions and In all aforementioned federal regulation.
N. The Department hereby certifies that neither the consultant nor the consultant's representative has been required by the
Department,directly or indirectly as an express or Implied condition In connection with obtaining or carrying out this
contract,to
t employ or retain,or agree to employ or retain,any firm or person,or
2. pay,or agree to pay,to any firm,person,or organization,any fee,contribution,donation,or consideration of any kind;
The Department further acknowledges that this agreement will be furnished to a federal agency,In connection with this
contract Involving participation of Federal-Ald funds,and Is subject to applicable State and Federal Laws,both criminal and
civil.
O, The Consultant hereby certifies that It has not:
1, employed or retained for a commission,percentage,brokerage,contingent fee,or other consideration,any firm or
person(other than a bone fide employee working solely for the above contractor)to solicit or secure this contract;
2, agreed,as an express or Implied condition for obtaining this contract,to employ or retain the services of any firm or
person In connection with carrying out this contract;or
3 paid,or agreed to pay,to any firm,organization or person(other than a bona fide employee working solely for the
above contractor)any fee conlribullon,donation,or consideration of any kind for,or In connection with,procuring or
carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the State of Florida Department of
Transportation and a federal agency in connection with this contract Involving participation of Federal-Aid funds,and Is
subject to applicable State and Federal Laws,both criminal and civil.
ATTACHMENT C
Certification for Disclosure of Lobbying Activities on Federal Aid Contracts
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for
Federal Aid Contracts
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 376MO33
CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT
,oro,
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: '" L\ .
""
r
By: Date: V !2�
Authorized Signature:
Title:
STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION 375-030.32
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROCUREMEN 0T
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
d*mantroreagency'
./
N' t�B Efate:ign I m
Title:
Instructions for Certification
1 . By signing and submitting this certification with the proposal,the prospective lower Her participant is providing the Certification
set out below.
2. The certification In this clause Is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it Is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in
addition to other remedies available to the Federal Government,the Department may pursue available remedies,including
suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted.If
at any time the prospective lower tier participant barns 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 bar covered transaction';participanf,'person',primary
covered transaction','principal','proposal',and'voluntarily excluded',as used in this clause,have the meanings set out In the
Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this
proposal Is being submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be
entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared
Ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the Department or agency with
which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that It will include this clause titled"Appendix 8:
Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction",without
modification,In all lower tier covered transactions and in all solicitations for lower Her covered transactions.
7. A participant Ina covered transaction may rely upon a oertification of a prospective participant in a lower tier covered transaction
that it is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless It knows that the
certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of Its principals.
Each participant may,but Is not required to,check the Nonprocurement list.
B. Nothing contained in the foregoing shall be construed to require establishment of a system of records In order to render In good
faith the oertlfication required by this clause. The knowledge and Information of a participant are not required to exceed that which
is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who Is suspended,debarred,ineligible,or voluntarily excluded from
participation in this transaction,In addition to other remedies available to the Federal Government,the Department may pursue
available remedies,including suspension and/or debarment.