Item F08 } F.8
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
�1 `ll Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys ��` �)-.���`� � Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
November 17, 2020
Agenda Item Number: F.3
Agenda Item Summary #7523
BULK ITEM: Yes DEPARTMENT: Engineering/Roads
TIME APPROXIMATE: STAFF CONTACT: Clark Briggs (305) 295-4306
N/A
AGENDA ITEM WORDING: Approval of a Task Order with WSP USA, Inc. under the On Call
Consulting Contract for Construction Engineering and Inspection (CEI) Services associated with the
Bimini Drive Bridge (4904603) Replacement Project in the not to exceed amount of$473,170.14.
ITEM BACKGROUND:
Monroe County is to replace the Bimini Drive Bridge No. 904603 which is to include Construction
Engineering and Inspection services before, during, and after construction. This task order is to be
in accordance with the Continuing Services Contract with WSP USA, INC and is to include but not
be limited to testing, quality control, and administrative duties.
WSP USA, INC is being selected for this task order as a result of previous knowledge and successful
completion of Construction Engineering and Inspection (CEI) services performed on Monroe
County's custom bridge design repair projects.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approval of a Continuing Service Contract with WSP USA, INC. at the January 17, 2018
meeting.
BOCC approval of a task order with Kisinger Campo & Associates, Corp. for professional design
and permitting services for the Bimini Drive Bridge Replacement Project at the November 20, 2018
meeting.
CONTRACT/AGREEMENT CHANGES:
New task order
STAFF RECOMMENDATION: Approval of Task Order.
DOCUMENTATION:
Bimini Task Order 103020-signed
Amend No. 1 and On Call Contract- WSP USA, Inc.
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WSP USA Inc. - EXEC - 1-17-18
FINANCIAL IMPACT:
Effective Date: November 17, 2020
Expiration Date: 60 days after final completion
Total Dollar Value of Contract: $473,170.14
Total Cost to County: $473,170.14
Current Year Portion: 378,536.11
Budgeted: Yes
Source of Funds: 102-22560-530340
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: Yes
Additional Details: This work is eligible to be partially funded by District 2 Transportation Impact
Fees.
REVIEWED BY:
Judith Clarke Completed 10/30/2020 2:27 PM
Christine Limbert Completed 11/02/2020 1:26 PM
Purchasing Completed 11/02/2020 1:30 PM
Budget and Finance Completed 11/02/2020 1:41 PM
Maria Slavik Completed 11/02/2020 2:07 PM
Liz Yongue Completed 11/02/2020 2:24 PM
Board of County Commissioners Pending 11/17/2020 9:00 AM
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TASK ORDER FOR CONSTRUCTION ENGINEERING AND INSPECTION SERVICES
BETWEEN MONROE COUNTY AND WSP USA, INC.
FOR BIMINI DRIVE BRIDGE (#904603) REPLACEMENT PROJECT
In accordance with the Continuing Contract for On Call Professional Engineering Services made
and entered on the 17th day of January, 2018 as amended on October 21, 2020, between
Monroe County hereinafter referred to as the "County" and WSP USA, INC., hereinafter
referred to as "Consultant" where professional services are allowed if construction costs do not
exceed $4,000,000 in accordance with F.S. 287.055 (as amended per Chapter 2020-127).
All terms and conditions of the referenced Contract for On Call Professional Engineering
Services apply to the Task Order, unless the Task Order modifies an Article of the Agreement of E
which will be specifically referenced in this Task Order and the modification shall be precisely
described. References to federal provisions do not apply to this Task Order.
This Task Order is effective on the 17th Day of November, 2020 and shall expire 60 days after
construction is complete.
Article II Scope of Basic Services, Paragraph 2.1 is amended as follows:
The scope of Construction Engineering and Inspection (CEI) Services for the Bimini Drive
Bridge Replacement Project (Bridge #904603) will include:
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1.0 SCOPE OF SERVICES: y
The existing bridge is a single span channel beam bridge supported by wrap around wall
abutments. The proposed replacement will be a phase constructed; single span custom �--
concrete arched beam bridge supported by end bents with wrap around retaining walls.
The bridge and roadway typical section will accommodate two 11' travel lanes with 2.5'
outside shoulders and a 5' sidewalk to accommodate pedestrian traffic. The approximate 'n
span length with be 45'. The approach roadway alignment and profile will be adjusted as
necessary for the new bridge typical section.
The Consultant shall provide Construction Engineering and Inspection Services
for the Bimini Drive Bridge (#904603) Replacement Project.
The Consultant shall exercise their independent professional judgment in performing their
obligations and responsibilities under this Task Order. Pursuant to Section 4.1.4 of the _
FDOT's Construction Project Administration Manual (CPAM), the authority of the
Consultant's lead person, such as the Senior Project Engineer, and the Consultant's
Project Administrator shall be identical to the Department's Resident Engineer and Project
Administrator respectively and shall be interpreted as such.
On a single Construction Contract, it is a conflict of interest for a professional firm to
receive compensation from both the County and the Contractor either directly or indirectly.
The Consultant shall utilize the U.S. Department of Homeland Security's E-Verify system
to verify the employment eligibility of all new employees hired by the Consultant during the
term of the Contract and shall expressly require any subconsultants performing work or
providing services pursuant to the Contract to likewise utilize the U.S. Department of
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Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subconsultant during the Contract term.
2.0 LENGTH OF SERVICE:
The Consultant services for the Construction Contract shall begin upon written notification
to proceed by County.
The Consultant Senior Project Engineer will track the execution of the Construction
Contract such that the Consultant is given timely authorization to begin work. While no E
personnel shall be assigned until written 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 and 2
Contractor to minimize rescheduling of Consultant activities due to construction delays or °3
changes in scheduling of Contractor activities.
For estimating purposes, the Consultant will be allowed an accumulation of thirty working
days to perform preliminary administrative services prior to the issuance of the
Contractor's notice to proceed and thirty calendar days to demobilize after final
acceptance of the Construction Contract.
Construction Contract Estimate c
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Bid Date Start Date Duration
11/24/20 12/08/20 540 days
3.0 DEFINITIONS:
A. Resident Engineer: The Engineer assigned to a particular Project or area to y
administer Construction Contracts for the County.
B. Construction Project Manager: The County employee assigned to manage the
Construction Engineering and Inspection Contract and represent the County
during the performance of the services covered under this Agreement.
C. Engineer of Record: The Engineer noted on the Construction plans as the
responsible person for the design and preparation of the plans.
D. Consultant: The Consulting firm under contract to the County for administration of
Construction Engineering and Inspection services. 0)
E. Agreement: The Professional Services Agreement between the County and the
Consultant setting forth the obligations of the parties thereto, including but not
limited to the performance of the work, furnishing of services, and the basis of
payment.
F. Consultant Senior Project Engineer: The Engineer assigned by the Consultant to
be in charge of providing Construction Contract administration for one or more
Construction Projects. This person may supervise other Consultant employees
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and act as the lead Engineer for the Consultant.
G. Consultant Project Administrator: The employee assigned by the Consultant to be
in charge of providing Construction Contract administration services one or more
Construction Projects.
H. Contractor: The individual, firm, or company contracting with the County for
performance of work or furnishing of materials.
I. Construction Contract: The written agreement between the County and the
Contractor setting forth the obligations of the parties thereto, including but not
limited to the performance of the work, furnishing of labor and materials, and the
basis of payment.
J. CPAM: Florida Department of Transportation, Construction Project Administration
manual; latest. °3
K. Department: Florida Department of Transportation
L. F.D.O.T.: Florida Department of Transportation.
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M. County: Monroe County Board of County Commissioners.
N. CTQP: Florida Department of Transportation Construction Training Qualification c
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Program.
4.0 REQUIREMENTS:
4.1 General:
It shall be the responsibility of the Consultant to administer, monitor, and inspect
the Construction Contract such that the project is constructed in reasonable `V
conformity with the plans, specifications, and special provisions for the
Construction Contract.
The Consultant shall observe the Contractor's work to determine the progress and
quality of work, identify discrepancies, report significant discrepancies to the
County, and direct the Contractor to correct such observed discrepancies.
The Consultant is hereby designated by the County to negotiate Supplemental -
Agreements. However, the Consultant must seek input from the Construction
Project Manager. The Consultant shall prepare the Supplemental Agreement as a
recommendation to the County, which the County may accept, modify or reject
upon review. The Consultant shall consult with the Construction Project Manager,
as it deems necessary and shall direct all issues, which exceed its delegated
authority to the Construction Project Manager for County action or direction.
The Consultant shall advise the Construction Project Manager of any significant
omissions, substitutions, defects, and deficiencies noted in the work of the
Contractor and the corrective action that has been directed to be performed by the
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Contractor. Work provided by the Consultant shall not relieve the Contractor of
responsibility for the satisfactory performance of the Construction Contract.
4.2 Survey Control:
The Consultant shall check or establish the survey control baseline(s) along with
sufficient baseline control points and bench marks at appropriate intervals along
the project in order to: (1) make and record such measurements as are necessary
to calculate and document quantities for pay items; (2) make and record pre-
construction and final cross section surveys of the project site in those areas where
earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the
construction project; and (3) perform incidental engineering surveys. The Senior
Project Engineer will establish the specific survey requirements for each project
prior to construction.
Any questions or requests for "Waiver of Survey" should be directed to the Senior
Project Engineer.
4.3 On-site Inspection:
The Consultant shall monitor the Contractor's on-site construction activities and
inspect materials entering into the work in accordance with the plans,
specifications, and special provisions for the Construction Contract to determine
that the projects are constructed in reasonable conformity with such documents.
The County will monitor all off-site activities and fabrication. The Consultant shall
keep detailed accurate records of the Contractor's daily operations and of
significant events that affect the work. ca
Consultant shall be responsible for monitoring and inspection of Contractor's Work
Zone traffic control plan and review of modifications to the Work Zone Traffic .2
Control Plan, including alternate Work Zone Traffic Control Plan, in accordance
with F.D.O.T. procedures. Consultant employees performing such services shall
be qualified in accordance with F.D.O.T. department procedure.
4.4 Sampling and Testing:
The Consultant shall perform sampling and testing of component materials and
completed work in accordance with the Construction Contract documents. The
minimum sampling frequencies set out in the Department's Materials Sampling,
Testing and Reporting Guide shall be met. In complying with the aforementioned
guide, the Consultant shall provide daily surveillance of the Contractor's Quality
Control activities at the project site and perform the sampling and testing of
materials and completed work items that are normally done in the vicinity of the
project for verification and acceptance.
The Consultant shall be specifically responsible for job control samples
determining the acceptability of all materials and completed work items on the
basis of either test results or verification of a certification, certified mill analysis,
DOT label, DOT stamp, etc.
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Sampling, testing and laboratory methods shall be as required by the Department's
Standard Specifications, Supplemental Specifications or as modified by the special
provisions of the Construction Contract.
Documentation reports on sampling and testing shall be submitted to responsible
parties during the same week that the construction work is done.
If required, the Consultant will transport samples to be tested in a Department
laboratory to the appropriate laboratory or appropriate local FDOT facility.
The Consultant will review and approve contractor samples in FDOT's Materials
Acceptance and Certification (MAC) system.
The Consultant will input verification testing information and data into FDOT's
Materials Acceptance and Certification (MAC) system using written instructions
provided by the Department. °3
4.5 Engineering Services:
.
The Consultant shall coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction
project. Notwithstanding the above, the Consultant is not liable to the County for
failure of such parties to follow written direction issued by the Consultant.
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Services include maintaining the required level of surveillance of Contractor
activities, interpreting plans, specifications, and special provisions for the
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Construction Contract, maintaining complete, accurate records of all activities and
events relating to the project, and properly documenting all significant project
changes. The Consultant will also provide coordination with Florida Department of
Transportation (FDOT) contractors who may be working on the US 1 right of way N
within the limits of the Project. The Consultant shall perform the following services: '
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(1) Schedule and attend, within ten days after the Notice to Proceed, a pre-
construction conference for the project in accordance with County and
FDOT procedures. The Consultant shall provide appropriate staff to attend
and participate in the pre-construction meeting.
(2) The Consultant shall record a complete and concise record of the
proceedings of the pre-construction meeting and distribute copies of this
summary to the participants and other interested parties within seven days.
(3) Analyze the Contractor's schedule(s) (i.e. baseline(s), revised baseline(s),
updates, as-built, etc.) for compliance with the contract documents.
Elements including, but not limited to, completeness, logic, durations,
activity, flow, milestone dates, concurrency, resource allotment, and delays
will be reviewed. Verify the schedule conforms with the construction
phasing and MOT sequences, including all contract modifications. Provide
a written review of the schedule identifying significant omissions,
improbable or unreasonable activity durations, errors in logic, and any other
concerns as detailed in CPAM.
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(4) Verify that the Contractor is conducting inspections, preparing reports and
monitoring all storm water pollution prevention measures associated with
the project.
(5) Analyze problems that arise on a project and proposals submitted by the
Contractor, endeavor to resolve such issues, and process the necessary
paperwork.
(6) Produce reports, verify quantity calculations, field measure for payment
purposes as needed to prevent delays in Contractor operations and ensure
prompt processing of such information in order for the County to make
timely payment to the Contractor. .
(7) Provide Public Information services as required to manage inquiries from
the public, public officials, and the news media. Prepare newsletters for °3
distribution to adjacent property owners. The County Construction Project
Manager shall approve all notices, brochures, responses to news media,
etc., prior to release.
(8) Prepare and submit to the Construction Project Manager monthly, a
Construction Status Reporting System (CSRS) report.
(9) Schedule and conduct a meeting with the County Engineering Office at c
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least 45 calendar days prior to project final acceptance. The purpose of this
meeting is to discuss the required documentation, including as-builts,
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necessary to close out the permit(s).
(10) Video tape the pre-construction conditions throughout the project limits.
Provide a digital photo log or video of project activities, with heavy
emphasis on potential claim items/issues and on areas of real/potential
public controversy.
(11) The Consultant shall have a digital camera for photographic
documentation of noteworthy incidents or events to cover the following
areas:
(a). Pre-construction photographs
(b). Normal and exceptional progress of work -
(c). Critical path activities
(d). Accidents showing damage
(e). Unsafe working conditions
(f). Unusual construction techniques
(g). Damaged equipment or materials
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(h). Any activity, which may result in claims
These photographs will be filed and maintained on the Consultant's
computer. Copies of photographs will be electronically transferred to the
County at an interval determined by the Senior Project Engineer and the
Construction Project Manager.
The taking of the photographs shall begin the day prior to the start of
construction and continue regularly throughout this project. Photographs
shall be taken the days of Conditional, Partial and/or Final Acceptance.
(12) Monitor each Contractor and Subcontractor's compliance with
specifications and special provisions of the Construction Contract in regard
to payment of predetermined wage rates in accordance with FDOT °3
procedures.
(13) Provide a Resident Compliance Specialist for surveillance of the
Contractor's compliance with Construction Contract requirements. The -
Resident Compliance Specialist is responsible for reviewing, monitoring,
evaluating and acting upon documentation required for Construction
Contract compliance, and maintaining the appropriate files thereof. Typical
areas of compliance responsibility include EEO Affirmative Actions for the c
prime contractor and subcontractor, DBE Affirmative Action, Contractor
Formal Training, Payroll, and Subcontracts. The Resident Compliance
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Specialist must keep all related documents and correspondence accurate
and up to date; attend all compliance reviews and furnish the complete
project files for review; and assist the District Contract Compliance
Manager as requested.
(14) As needed, prepare and make presentation before the Dispute Review
Boards in connection with the project covered by this Agreement
5.0 ITEMS TO BE FURNISHED BY THE COUNTY TO CONSULTANT:
A. The County, on as needed basis, will furnish the following Construction Contract
documents for this project. These documents may be provided in either paper or
electronic format.
1 Construction Documents (drawings, specifications)
2 Special Provisions
3 Copy of the executed Construction Contract.
6.0 ITEMS FURNISHED BY THE CONSULTANT:
6.1 County Documents:
All applicable documents referenced herein shall be a condition of this
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Agreement.
62 Vehicles:
Vehicles will be equipped with appropriate safety equipment and must be able
to effectively carry out requirements of this Agreement. Vehicles shall have the
name and phone number of the consulting firm visibly displayed on both sides of
the vehicle.
6.3 Field Equipment:
The Consultant shall supply survey, inspection and testing equipment, essential E
in order to carry out the work under this Agreement. Such equipment includes
those non-consumable and non-expendable items, which are normally needed
for a CEI project and are essential in order to carry out the work under this 2
Agreement. °3
Hard hats shall have the name of the consulting firm visibly displayed.
Equipment described herein and expendable materials under this Agreement will
remain the property of the Consultant and shall be removed at completion of the
work.
The Consultant's handling of nuclear density gauges shall be in compliance with
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their license.
The Consultant shall retain responsibility for risk of loss or damage to said ca
equipment during performance of this Agreement. Field office equipment shall
be maintained and in operational condition at all times.
6.4 Licensing for Equipment Operations:
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The Consultant will be responsible for obtaining proper licenses for equipment
and personnel operating equipment when licenses are required. The Consultant
shall make the license and supporting documents available to the County, for
verification, upon request.
Radioactive Materials License for use of Surface Moisture Density Gauges shall
be obtained through the State of Florida Department of Health.
7.0 LIAISON:
The Consultant shall keep the Construction Project Manager informed of all significant
activities, decisions, correspondence, reports, and other communications related to its
responsibilities under this Agreement, and seek input from the Construction Project
Manager in order for the Construction Project Manager to oversee the Consultant's
performance.
Agreement administrative duties relating to Invoice Approval Requests, Personnel
Approval Requests, User ID Requests, Time Extension Requests, and Amendment and
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Supplemental Amendment Requests shall be reviewed and approved by the Construction
Project Manager.
8.0 PERSONNEL:
8.1 General Requirements:
The Consultant shall staff the project with the qualified personnel necessary to
efficiently and effectively carry out its responsibilities under this Agreement. Not
all positions listed below may be required; however, personnel performing a
specific task must have the qualifications required for the task.
Unless otherwise agreed by the County, the County will not compensate straight
overtime or premium overtime for the positions of Senior Project Engineer, Project
Administrator, Contract Support Specialist, and Associate Contract Support
Specialist. °3
8.2 Personnel Qualifications: WI
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The Consultant shall utilize only competent personnel, qualified by experience, and -
education. The Consultant shall submit in writing to the Construction Project
Manager the names of personnel proposed for assignment to the project, including
a detailed resume for each containing at a minimum salary, education, and
experience. The Consultant Action Request form for personnel approval shall be
submitted to the Construction Project Manager at least two weeks prior to the date
an individual is to report to work.
Personnel identified in the Consultant technical proposal are to be assigned as
proposed and are committed to performing services under this Agreement.
Personnel changes will require written approval from County. Previously approved
staff, whose performance is unsatisfactory, shall be replaced by the Consultant
within one week of County notification.
Before the project begins, all project staff shall have a working knowledge of the
current CPAM and must possess all the necessary qualifications/certifications for
obtaining the duties of the position they hold. Cross training of the Consultant's
project staff is highly recommended to ensure a knowledgeable and versatile
project inspection team but shall not be at any additional cost to the County and
should occur as workload permits. Visit the training page on the State Construction
Office website for training dates.
Minimum qualifications for the Consultant personnel are set forth as follows.
Exceptions to these minimum qualifications will be considered on an individual
basis. The County Engineer or designee will have the final approval authority.
CEI SENIOR PROJECT ENGINEER -A Civil Engineer degree and be registered
in the State of Florida as a Professional Engineer (or if registered in another state,
the ability to obtain registration in the State of Florida within six months) and six
years of engineering experience (two years of which are in major road and bridge
construction), or for non-degreed personnel the aforementioned registration and
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ten years of engineering experience (two years of which are in major road or
bridge construction). Qualifications include the ability to communicate effectively
in English (verbally and in writing); direct highly complex and specialized
construction engineering administration and inspection program; plans and
organizes the work of subordinate and staff members; develops and/or reviews
policies, methods, practices, and procedures; and reviews programs for
conformance with County standards. Also must have the following:
Qualification:
FDOT Advanced MOT
Pass the CTQP examination covering the training video "Grouting of Bridge Post-
tensioning Tendons" (If applicable) E
Attend the CTQP Quality Control Manager course and pass the examination.
Certifications: None
A Master's Degree in Engineering may be substituted for one (1) year engineering
experience.
CEI PROJECT ADMINISTRATOR -A Civil Engineering degree plus two (2) years of engineering experience in construction of major road or bridge structures, or
eight (8)years of responsible and related engineering experience, two (2) years of
which involved construction of major road and bridge structures.
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Receives general instructions regarding assignments and is expected to exercise y
initiative and independent judgment in the solution of work problems. Directs and
assigns specific tasks to inspectors and assists in all phases of the construction
project. Will be responsible for the progress and final estimates throughout the
construction project duration. Must have the following:
Qualifications: FDOT Intermediate MOT Pass the CTQP examination covering the
training video "Grouting of Bridge Post-tensioning Tendons" (If applicable) CTQP
Final Estimates Level II
Certifications: None
Other: Attend CTQP Quality Control Manager Course and pass the examination.
A Master's Degree in Engineering may be substituted for one (1) year of _
engineering experience
CEI CONTRACT SUPPORT SPECIALIST - A Civil Engineering Degree or High
School diploma or equivalent and four years of road & bridge construction
engineering inspection (CEI) experience having performed/assisted in project
related duties (i.e., progress and final estimates, EEO compliance, processing
Construction Contract changes, etc.) or a Civil Engineering degree. Should
exercise independent judgment in planning work details and making technical
decisions related to the office aspects of the project. Should be familiar with the
County's Procedures covering the project related duties as stated above and be
proficient in the computer programs necessary to perform these duties. Shall
become trained in CTQP Final Estimates Level II course and maintain a current
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qualification.
CEI SENIOR INSPECTOR/ CEI SENIOR ENGINEER INTERN — High school
graduate or equivalent plus four years of experience in construction inspection,
two years of which shall have been in bridge and/or roadway construction
inspection.
Must have the following:
Qualifications:
CTQP Concrete Field Inspector Level I
CTQP Concrete Transportation Construction Inspector (CTCI) Level 11 (all
bridges) CTQP Asphalt Roadway Level I (If applicable)
CTQP Asphalt Roadway Level 11 (If applicable)
CTQP Earthwork Construction Inspection Level I
CTQP Earthwork Construction Inspection Level 11
CTQP Pile Driving Inspection (If applicable) CTQP Drilled Shaft Inspection (If
applicable)
CTQP Grouting Technician Level I (If applicable) _
CTQP Post-Tensioning Technician Level I (If applicable) _
FDOT Intermediate MOT
CTQP Final Estimates Level 1
Certifications:
Nuclear Radiation Safety
Or a Civil Engineering degree and one year of road & bridge CEI experience with
the ability to earn additional required qualifications within one year. (Note: Senior �?
Engineer Intern classification requires one year experience as an Engineer Intern.)
Responsible for performing highly complex technical assignments in field v,
surveying and construction layout, making, and checking engineering
computations, inspecting construction work, and conducting field tests and is
responsible for coordinating and managing the lower level inspectors. Work is
performed under the general supervision of the Project Administrator.
8.3 Staffing:
Once authorized, the Consultant shall establish and maintain an appropriate staff
through the duration of construction and completion of the final estimate. ®_
Responsible personnel, thoroughly familiar with all aspects of construction and
final measurements of the various pay items, shall be available to resolve disputed
final pay quantities until the appropriate Construction Contract has been paid off. E
Construction engineering and inspection forces will be required of the Consultant
at all times while the Contractor is working. If Contractor operations are
substantially reduced or suspended, the Consultant will reduce its staff
appropriately.
In the event that the suspension of Contractor operations requires the removal of
Consultant forces from the project, the Consultant will be allowed ten (10) days
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maximum to demobilize, relocate, or terminate such forces.
9.0 QUALITY ASSURANCE (QA) PROGRAM:
9.1 Quality Reviews:
The Consultant shall conduct semi-annual reviews to make certain his own
organization is in compliance with the requirements cited in the Scope of Services.
Quality Reviews shall be conducted to evaluate the adequacy of materials,
processes, documentation, procedures, training, guidance, and staffing included
in the execution of this Agreement. Quality Reviews shall also be developed and
performed to achieve compliance with specific QA provisions contained in this E
Agreement. The semi-annual reviews shall be submitted to the Construction
Project Manager in written form no later than one month after the review.
On short duration CCEI projects (nine months or less), the CCEI shall perform an °3
initial QA review within the first two months of the start of construction.
9.2 QA Plan:
Within thirty days after receiving award of an Agreement, the Consultant shall
furnish a QA Plan to the Construction Project Manager. The QA Plan shall detail
the procedures, evaluation criteria, and instructions of the Consultant's
organization to assure conformance with the Agreement. Unless specifically
waived, no payment shall be made until the County approves the Consultant QA
Plan.
Significant changes to the work requirements may require the Consultant to revise
the QA Plan. It shall be the responsibility of the Consultant to keep the plan current
with the work requirements. The Plan shall include, but not be limited to, the
following areas:
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A. Organization:
A description is required of the Consultant QA Organization and its
functional relationship to the part of the organization performing the work
under the Agreement. The authority, responsibilities and autonomy of the
QA organization shall be detailed as well as the names and qualifications
of personnel in the quality control organization.
B. Quality Reviews:
The Consultant QA shall detail the methods used to monitor and achieve
organization compliance with Agreement requirements for services and
products.
C. Quality Records:
The Consultant will outline the types of records, which will be generated
and maintained during the execution of his QA program.
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D. Control of Sub-consultants and Vendors:
The Consultant will detail the methods used to control sub-consultants and
vendor quality.
E. Quality Assurance Certification:
An officer of the Consultant firm shall certify that the inspection and
documentation was done in accordance with FDOT specifications, plans,
standard indexes, and County procedures.
9.3 Quality Records: E
The Consultant shall maintain adequate records of the quality assurance actions
performed by his organization (including subcontractors and vendors) in providing
services and products under this Agreement. All records shall indicate the nature °3
and number of observations made, the number and type of deficiencies found, and
the corrective actions taken. These records shall be available to the County, upon
request, during the Agreement term. All records shall be kept at the primary job
site and shall be subject to audit review.
0
10.0 CERTIFICATION OF FINAL ESTIMATES:
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10.1 Final Estimate and As-Built Plans Submittal:
Prepare documentation and records in compliance with the Agreement,
Consultant's approved QC Plan and the County's Procedures.
Submit the Final Estimate(s) and three sets of final as built plans documenting
Contractor's work (one record set with two copies) as follows:
cv
(a) Within thirty calendar days of final acceptance; or
(b) Where all items of work are complete and conditional/partial
acceptance is utilized (Lighting, Plant establishment, etc.) for a
period exceeding thirty calendar days, the final estimate(s) will be
due on the thirtieth (30th) day after conditional/partial acceptance.
A memorandum with documentation will be transmitted to the
Director of Engineering Services at final acceptance detailing any -
necessary revisions to the pay items covered under the
conditional/partial acceptance.
The Consultant shall be responsible for making any revisions to the Certified Final
Estimate.
10.2 Certification:
Consultant personnel preparing the Certified Final Estimate Package shall be
CTQP Final Estimates Level II qualified.
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November 2020
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F.8.a
Duly authorized representative of the Consultant firm will provide a notarized
certification on a form pursuant to Department procedures.
11.0 SUBCONSULTANT SERVICES:
Upon written approval by the Construction Project Manager and the County, and prior to
performance of work, the Consultant may subcontract for engineering surveys, materials
testing, or specialized professional services.
12.0 OTHER SERVICES:
Upon written authorization by the Director of Engineering Services or designee, the E
Consultant will perform additional services in connection with the project not otherwise
identified in this Agreement. The following items are not included as part of this Agreement
but may be required by the County to supplement the Consultant services under this 2
Agreement. °3
A. Assist in preparing for arbitration hearings or litigation that occurs during the
Agreement time in connection with the construction project covered by this
Agreement.
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B. Provide qualified engineering witnesses and exhibits for any litigation or hearings
in connection with the Agreement.
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C. Provide on- and off-site inspection services in addition to those provided for in this
Agreement.
13.0 POST CONSTRUCTION CLAIMS REVIEW:
In the event the Contractor submits a claim for additional compensation and/or time after .N
the Consultant has completed this Agreement, the Consultant shall, at the written request '
from the County, analyze the claim, engage in negotiations leading to settlement of the
claim, and prepare and process the required documentation to close out the claim.
Compensation for such services will be negotiated and effected through a Supplement to
this Agreement.
14.0 CONTRADICTIONS:
In the event of a contradiction between the provisions of this Scope of Services and the
Consultant's proposal as made a part of their Agreement, the provisions of the Scope of
Services shall apply.
15.0 THIRD PARTY BENEFICIARY:
It is specifically agreed between the parties executing this Agreement that it is not intended
by any of the provisions of any part of the Agreement to create in the public or any member
thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this
Agreement to maintain a claim, cause of action, lien or any other damages or any relief of
any kind pursuant to the terms or provisions of this Agreement.
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16.0 COUNTY AUTHORITY:
The County shall be the final authority in considering contract modification of the
Contractor for time, money or any other consideration except matters agreed to by the
Contractor through contract changes negotiated by the Consultant, as authorized in
Section 4.1 herein.
Article VII Compensation, Paragraph 7.1 is amended to read:
The Consultant shall be paid monthly based on hourly rates per the continuing services contract
and estimated staff hours as follows:
Personnel Estimated Hourly Rate Total
Hours
Senior Construction Manager 338.25 $281.30 $95,149.73
Project Administrator 845.63 $132.27 $111,851.48
CEI Inspector 3382.50 $78.69 $266,168.93
Total Not To Exceed Amount $473,170.14
A total not to exceed amount of four hundred seventy three thousand one hundred seventy dollars
and fourteen cents ($473,170.14) will apply.
IN WITNE WHEREOF, each party caused the Task Order to be executed by its duly authorized
represe a .
P A, INC. Witness
10/30/2020
10/30/2020
Signature Date ignature Date
Vice President, Senior Area Manager
Title
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: by:
As Deputy Clerk Mayor/Chairman
/ MONROE COUNTY ATTORNEY
Date: ( ? 'OPRQV. DASTOFO 4:
;.
CHRIS TINE LIMBMFT BAMOWS
As DA CENTC 1 U/36 U Y
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Page 15 of 15
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AMENDMENT 1 TO THE CONTRACT FOR ON-CALL PROFESSIONAL ENGINEERING SERVICES
BETWEEN MONROE COUNTY BOCC AND WSP USA Inc.
THIS AMENDMENT 1 to the CONTRACT is entered into this 21st day of October. 2020. between Monroe
County,whose address is 1100 Simonton Street, Room 2-216 Key West, Florida 33040, hereafter the"COUNTY"and WSP
USA Inc., a Corporation of the State of New York, whose address is 7650 Corporate Center Drive, Suite 300, Miami, FL
33126, hereafter referred to as"CONSULTANT".
WHEREAS,on the 17th dayof January 2018 the parties executed a contract authorizing the Consultant to perform o
rY � p 9
On Call Professional Engineering Services; and
WHEREAS, the On Call Professional Engineering Services Agreement did not include the rates for Construction
Engineering Inspection (CEI) Project Administrator and CEI Inspector; and
WHEREAS, the County and Consultant have negotiated fair and reasonable hourly rates for the CEI Project
Administrator and CEI Inspector job classifications in accordance with the Consultants Competitive Negotiation Act(CCNA)
and are hereby added by this amendment to the original agreement to allow the Consultant to perform CEI services °r,
contemplated under the On Call Professional Engineering Services Agreement;
.E
WHEREAS, this amendment also updated standard terms and conditions in accordance with F.S. 287.135 —
regarding scrutinized companies, adds the Right to Audit language, corrects the nondiscrimination provisions and adds e-
verify language per F.S.
m
NOW THEREFORE, in consideration of the mutual promises contained herein, the COUNTY and CONSULTANT
agree to amend the agreement as set forth below: le
1. Article VII, Compensation, Paragraph 7.1.1 of the contract, is amended as follows:
Add the following Job Classifications and Hourly Rates: '✓
Job Classification Hourly Rate
CEI Project Administrator $132.27
CL
CEI Inspector $78.69
2. Article IX MISCELLANEOUS, 9.17 NONDISCRIMINATION is amended to read as
follows: o
9.17 NONDISCRIMINATION
The parties 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. The
parties agree to comply with all Federal and Florida statutes, and all local 6
ordinances, as applicable, relating to nondiscrimination. These include but are not
limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit
discrimination in employment on the basis of race, color, religion, sex, and national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
§§ 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 § 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC §§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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Packet Pg.365
Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating
to nondiscrimination in employment on the basis of disability; 10) Monroe County
Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color,
sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 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.
3. Article IX MISCELLANEOUS, 9.5 TERMINATION is amended to add the following:
C. For Contracts of any amount, if the County determines that the
Contractor/Consultant has submitted a false certification under Section
287.135(5), Florida Statutes or has been placed on the Scrutinized Companies E
that Boycott Israel List, or is engaged in a boycott of Israel,the County shall have
the option of(1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
D. For Contracts of$1,000,000 or more, if the County determines that the E
Contractor/Consultant submitted a false certification under Section 287.135(5),
Florida Statutes, or if the Contractor/Consultant has been placed on the
Scrutinized Companies with Activities in the Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or been
engaged in business operations in Cuba or Syria, the County shall have the
option of(1)terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met. �?
4. Article IX MISCELLANEOUS, 9.8 MAINTENANCE OF RECORDS is amended to add
the following:
Right to Audit CL
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as well ,
as computer readable data if it can be made available; subcontract files (including
proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,
bidders list, etc); original estimates; estimating work sheets; correspondence; change
order files (including documentation covering negotiated settlements); backcharge logs
and supporting documentation; general ledger entries detailing cash and trade 76
discounts earned, insurance rebates and dividends; any other supporting evidence
deemed necessary by COUNTY to substantiate charges related to this agreement, and
all other agreements, sources of information and matters that may in COUNTY's
reasonable judgment have any bearing on or pertain to any matters, rights, duties or
obligations under or covered by any contract document (all foregoing hereinafter
referred to as "Records") shall be open to inspection and subject to audit and/or
reproduction by COUNTY's representative and/or agents of COUNTY. COUNTY may
also conduct verifications such as, but not limited to, counting employees at the job
site, witnessing the distribution of payroll, verifying payroll computations, overhead
computations, observing vendor and supplier payments, miscellaneous allocations,
special charges, verifying information and amounts through interviews and written
confirmations with employees, Subcontractors, suppliers, and contractors'
representatives. All records shall be kept for seven (7) years after Final Completion.
5. Article IX MISCELLANEOUS, is amended to add the following:
9.32 E-Verify System
Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register
with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization
status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the work authorization status of all ne packet Pg.366
hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall
comply with and be subject to the provisions of F.S. 448.095
6. In all other respects, the Contract dated January 17, 2018 remains in full force and effect.
In WITNESS WHEREOF, each party hereto has caused this contract to be executed by its duly authorized
representative.
BOARD OF COUNTY COMMISSIONERS OF WSP USA Inc.
MONROE COUNTY, FLORIDA Consultant
BY: BY:
Mayor/Chairman TITLE:
(SEAL) The foregoing instrument was acknowledged before me
Attest: KEVIN MADOK, Clerk this day of 2020, by
.E
BY: Who is () personally known to me or who () produced a
Deputy Clerk driver's license as identification.
m
NOTARY PUBLIC, STATE OF FLORIDA
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Print, type of stamp commissioned name of notary �?
Amendment 1 —WSP USA Inc.—On-Call Professional Eng Svcs
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AGREEMENT FOR
ON CALL PROFESSIONAL ENGINEERING SERVICES
S,
This Agree ent (""Agreement") made and entered into this � day of
, 20 by and between Monroe County, a political subdivision of the o,
State of Flor a, whose address is 1100 Simonton Street, Key West, Florida, 33040, E
its successors and assigns, hereinafter referred to as "COUNTY," through the
Monroe County Board of County Commissioners ("BOCC"),
AND
a foreign corporation of the State of New York, authorized to
do business in the State of Florida, whose address is 7650 Corporate Center Drive,
Suite 300, Miami, Florida 33126 its successors and assigns, hereinafter referred to as "CONSULTANT", or"CONTRACTOR".
0
WITNESSETH:
0
WHEREAS, COUNTY desires to employ the professional engineering services of y
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, for
study activity if the fee for professional services for each individual study under the
contract does not exceed $200,000.00.
CL
The professional services required by this Contract will be for services in the form of
a continuing contract, commencing the effective date of this agreement and ending
four (4) years thereafter, with options for the County to renew for one additional 1
year period.
0
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 76
scope of work, time schedule, charges and payment conditions, and additional terms
and conditions that are applicable to such Task Orders.
Execution of a Task Order by the COUNTY or County Administrator and the
CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to
proceed with the services described in the Task Order.
The terms and conditions of this Agreement shall apply to each Task Order, except
to the extent expressly modified. When a Task Order is to modify a provision of this
Agreement, the Article of this Agreement to be modified will be specifically
referenced in the Task Order and the modification shall be precisely described.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the
sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree
as follows:
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FORM OF AGREEMENT
ARTICLE 1
REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express
representations and warranties to the COUNTY:
1.1 The CONSULTANT shall maintain all necessary licenses, permits or other
authorizations necessary to act as CONSULTANT for the Project until the o,
CONSULTANT'S duties hereunder have been fully satisfied.
1.2 The CONSULTANT has become familiar with the Project site and the local _
conditions under which the Work is to be completed.
1.3 The CONSULTANT shall prepare all documents required by this Agreement
including, but not limited to, all contract plans and specifications, in such a
manner that they shall be in conformity and comply with all applicable law,
codes and regulations. The CONSULTANT warrants that the documents
prepared as a part of this Contract will be adequate and sufficient to
accomplish the purposes of the Project, therefore, eliminating any additional
construction cost due to missing or incorrect design elements in the contract
documents. '✓
1.4 The CONSULTANT assumes full responsibility to the extent allowed by law
with regards to its performance and those directly under its employ.
1.5 The CONSULTANT'S services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the ,
Project. In providing all services pursuant to this Agreement, the
CONSULTANT shall abide by all statutes, ordinances, rules and regulations
pertaining to, or regulating the provisions of such services, including those
now in effect and hereinafter adopted. Any violation of said statutes, _
ordinances, rules and regulations shall constitute a material breach of this
Agreement and shall entitle the Board to terminate this contract immediately
upon delivery of written notice of termination to the CONSULTANT.
1.6 At all times and for all purposes under this Agreement the CONSULTANT is
an independent contractor and not an employee of the Board of County d
Commissioners for Monroe County. No statement contained in this
Agreement shall be construed so as to find the CONSULTANT or any of its
employees, contractors, servants, or agents to be employees of the Board of
County Commissioners for Monroe County.
1.7 The CONSULTANT shall not discriminate against any person on the basis of E
race, creed, color, national origin, sex, age, or any other characteristic or
aspect which is not job related, in its recruiting, hiring, promoting, terminating,
or any other area affecting employment under this Agreement or with the
provision of services or goods under this Agreement.
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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 E
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. E
2.3 NOTICE REQUIREMENT
0
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- y
paid, to the appropriate party by certified mail, return receipt requested, to the
following:
For the County:
Ms. Judith Clarke, P.E.
Director of Engineering Services
Monroe County
1100 Simonton Street, Room 2-216 CL
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:
Ronald M. Colas, PE, SI
WSP USA Vice President—Sr. Area Manager
7650 Corporate Center Drive, Suite 300 6
Miami, Florida 33126
ARTICLE III E
ADDITIONAL SERVICES
3.1 Additional services are services not included in the Scope of Basic Services.
Should the COUNTY require additional services they shall be paid for by the
COUNTY at rates or fees negotiated at the time when services are required,
but only if approved by the COUNTY before commencement.
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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. c
ARTICLE IV
CD
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the
Project including physical location of work, county maintained roads, and
maps.
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.
0
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4.3 Prompt written notice shall be given by the COUNTY and its representative
to the CONSULTANT if they become aware of any fault or defect in the
Project or non-conformance with the Agreement Documents. Written notice
shall be deemed to have been duly served if sent pursuant to paragraph 2.3.
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.
CL
4.6 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 d
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
4-
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conduct of the CONSULTANT, subcontractor(s) and other persons
employed or utilized by the CONSULTANT in the performance of the
contract.
6.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is a
for the indemnification provided for above. The extent of liability is in no way
limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this Agreement. Should any claims be asserted against the
COUNTY by virtue of any deficiency or ambiguity in the plans and
specifications provided by the CONSULTANT, the CONSULTANT agrees
and warrants that it shall hold the COUNTY harmless and shall indemnify it
from all losses occurring thereby and shall further defend any claim or
action on the COUNTY'S behalf.
5.3 In the event the completion of the project (to include the work of others) is E
delayed or suspended as a result of the CONSULTANT'S failure to purchase
or maintain the required insurance, the CONSULTANT shall indemnify -
COUNTY from any and all increased expenses resulting from such delays.
Should any claims be asserted against COUNTY by virtue of any deficiencies
or ambiguity in the plans and specifications provided by the CONSULTANT
the CONSULTANT agrees and warrants that CONSULTANT will hold the o
COUNTY harmless and shall indemnify it from all losses occurring thereby v
and shall further defend any claims or action on the COUNTY'S behalf.
6.4 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.
ARTICLE VI ,
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service ti
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
Ronald M. Colas, PE, SI Principal In Charge
Mauricio Paredes, PE Project Manager
Andres Cardona, PE Deputy Project Manager
Rodrigo Pigna, PE QA/QC Senior Engineer
Eduardo Rodriguez, PE QA/QC Sr Inspector
QA/CtC Technical Advisors
Joseph Todd Mitchell, PE Senior Engineer
Dale Helms, PE Senior Engineer
Ricardo Diaz, PE Senior Engineer
Roadway Design
Cecilia Villoria, PE Senior Engineer/Task Leader
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David Hubbard, PE Senior Engineer
Jose Otero, PE Senior Engineer
Yamila Hernandez, PE Senior Engineer
Carlos Benavides, PE Project Engineer
Dayami Cruz, El Project Engineer
Hansel Ayala Project Engineer
Odalys Miguel Senior CADD Technician
Si ,alization Design
Amanda Kreiling, PE, PTOE Senior Engineer/Task Leader E
Bharathi Chigurupati, El Project Engineer
Bridge Design �
Roger Khouri, PE Senior Engineer
Gino Ageno, El Project Engineer
Deepak Sivasamy, El Project Engineer m
Lighting Design
Mark VanDeRee, PE Senior Engineer/Task Leader
Grace Patino, El Project Engineer _
Bert Crouthamel Project Engineer
Construction Engineering & Inspection
Pomsit Chakkaphak, PE Senior Inspector/Task Leader
Keith Duke Senior Inspector
Traffic Studies
Charles Hart, PE, PTOE Senior Engineer/Task Leader
Somaye Fakharian QOM, PhD Project Engineer y
Transportation Planning Studies
John Lafferty Senior Planner
Thomas Rodrigues, AICP Planner �?
Shriram Ramaratnam Planner
Drainage Design
Sarah Amritt, PE Senior Engineer/Task Leader
Jacob McClish, PE Project Engineer
Permitting
Werner Reinefeld, PE Senior Engineer
Alan Sterental Project Engineer
See Level Rise Engineering Services
Mike Flood,AICP Senior Planner/Task Leader
Jerald Ramsden, PhD, PE Senior Engineer
Building Structures Engineering
Esteban Anzola, PE Senior Engineer
Building Inspection &Assessment
ca
Glen White
Contamination AssessmenVRemediation
Curtis Dokken, PE
Kevin Cunniff
Ecological Engineering d
Dylan Larson, CEP,PWS
William Mohler
Environmental Permitting, Monitoring and Compliance
Audrey Siu
Rob Stewart
Subsurface Utility EnoneeringlLand Surveying
Marty Rossi, PSM Senior Surveyor/Task Leader
Karen Lynch Project Surveyor
Geotechnical Services/Material Testing
Hugo Soto, PE Senior Engineer/Task Leader
Rutu Nulkar, PE Project Engineer
Civil/Site Design
Andy Greenwood, PE Senior Engineer
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Eduardo Guinard, PE Senior Engineer
Roberto Socorro, El Project Engineer
Cecilia Martensson Project Engineer
Mechanical Electrical and Plurnbin Fire Protection
Jonathan Quintero, El Project Engineer
0
Raisa Garrido Project Engineer
Tony Gazzia Project Engineer
Landscape Architecture �
Michael Kroll, FASLA Senior Architect
Public Involvement
Sandra Walters
Urant/Fundinn Assistance
m
Sean Libberton
Thomas Rodrigues, AICP
G_IS/LIDAR
Isabella Remolina
Ted Covill, CP,PPS
0
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.
0
U
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.
d
(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
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invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought as the COUNTY
may require.
7.3 REIMBURSABLE EXPENSES
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; and
b. Cost of reproducing maps or drawings or other materials used in
performing the scope of services; and
c. Postage and handling of reports.
7.4 BUDGET
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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 U
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:
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A. Workers' Compensation insurance as required by the State of Florida,
sufficient to respond to Florida Statute, Chapter 440.
B. Employers Liability Insurance with limits of One Million Dollars
($1,000,000.00) per Accident, One Million Dollars ($1,000,000.00) c
Disease, policy limits, One Million Dollars ($1,000,000.00) 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 One
Million Dollars ($1,000,000.00) combined single limit and One Million
Dollars ($1,000,000.00) annual aggregate. E
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 c
Operations, Independent Contractors; Broad Form Property Damage and
a Blanket Contractual Liability Endorsement with One Million Dollars
($1,000,000.00) per occurrence and annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or
provided on a Claims Made policy, its provisions should include coverage
for claims filed on or after the effective date of this contract. In addition,
the period for which claims may be reported must extend for a minimum
CL
of forty-eight (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 76
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 d
Paragraphs C and D.
G. CONSULTANT shall require its subconsultants to be adequately insured E
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
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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 IXCD
MISCELLANEOUS
9.1 SECTION HEADINGS
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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
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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 BoardCL
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 d
otherwise, with or any rights in favor of, any third party.
9.5 TERMINATION
A. In the event that the CONSULTANT shall be found to be negligent in any
aspect of service, the COUNTY shall have the right to terminate this
agreement after five (5) days' written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by
giving the other party sixty (60) days' written notice of its intention to do
so.
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9.6 CONTRACT DOCUMENTS
This Agreement consists of the Request for Proposals, any addenda, the
Form of Agreement (Articles I-IX), the CONSULTANT'S response to the
RFQ, the documents referred to in the Form of Agreement as a part of this
Agreement, and 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 m
A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on _
contracts to provide any goods or services to a public entity, may not submit _
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property
to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017 of the Florida Statutes, for
CATEGORY TWO for a period of thirty-six (36) months from the date of
being placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of
this Agreement will not violate the Public Entity Crimes Act (Section 287.133, _
Florida Statutes). Violation of this section shall result in termination of this
Agreement and recovery of all monies paid hereto, and may result in
debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has
been no determination, based on an audit, that it or any subconsultant has
committed an act defined by Section 287.133, Florida Statutes, as a "public
entity crime" and that it has not been formally charged with committing an act
defined as a "public entity crime" regardless of the amount of money involved
or whether 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 d
list.
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be
retained for a period of five (5) years from the termination of this Agreement.
Each party to this Agreement or its authorized representatives shall have
reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and
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for four (4) years following the termination of this Agreement. If an auditor
employed by the COUNTY or Clerk determines that monies paid to
CONSULTANT pursuant to this Agreement were spent for purposes not
authorized by this Agreement, or were wrongfully retained by the
CONSULTANT, the CONSULTANT shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running
from the date the monies were paid by the COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida applicable to contracts made and to be performed
entirely in the 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
16th 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.
le
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
CL
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 d
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.
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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 o
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
.E
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 the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by
Florida law. This Agreement is not subject to arbitration. The CONSULTANT y
and COUNTY staff shall try to resolve the claim or dispute with meet and
confer sessions to be commenced within fifteen (15) days of the dispute or
claim. Any claim or dispute that the parties cannot resolve shall be decided
by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida.
9.16 COOPERATION
CL
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 VII of the Civil Rights Act of 1964 (PL 88-352)
which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss.
1681-1683, and 1685-1686), which prohibits discrimination on the basis of
sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC
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s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss.
523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be °3
amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Chapter 14, Article II, which prohibits
discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or -
age; 11) Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this
Agreement.
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9.18 COVENANT OF NO INTEREST y
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 CL
COUNTY agrees that officers and employees of the COUNTY recognize and
will be required to comply with the standards of conduct for public officers 2
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; 76
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 c
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 0)
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.
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9.21 PUBLIC ACCESS.
Public Records Compliance. Contractor must comply with Florida public
records laws, including but not limited to Chapter 119, Florida Statutes and
Section 24 of article I of the Constitution of Florida. The County and
Contractor shall allow and permit reasonable access to, and inspection of, all
documents, records, papers, letters or other "public record" materials in its
possession or under its control subject to the provisions of Chapter 119, E
Florida Statutes, and made or received by the County and Contractor in
conjunction with this contract and related to contract performance. The
County shall have the right to unilaterally cancel this contract upon violation
of this provision by the Contractor. Failure of the Contractor to abide by the °3
terms of this provision shall be deemed a material breach of this contract and
the County may enforce the terms of this provision in the form of a court
proceeding and shall, as a prevailing party, be entitled to reimbursement of
all attorney's fees and costs associated with that proceeding. This provision -
shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida
Public Records Law in order to comply with this provision.
Pursuant to Florida Statutes, Section 119.0701 and the terms and conditions
of this contract, the Contractor is required to: y
(1) Keep and maintain public records that would be required by the
County to perform the service.
(2) Upon receipt from the County's custodian of records, provide the
County with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except CL
as authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County.
(4) Upon completion of the contract, transfer, at no cost, to the County
all public records in possession of the Contractor or keep and maintain public
records that would be required by the County to perform the service. If the
Contractor transfers all public records to the County upon completion of the
contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable 6
requirements for retaining public records. All records stored electronically c
must be provided to the County, upon request from the County's custodian of
records, in a format that is compatible with the information technology
systems of the County.
(5) A request to inspect or copy public records relating to a County
contract must be made directly to the County, but if the County does not 0)
possess the requested records, the County shall immediately notify the
Contractor of the request, and the Contractor must provide the records to the
County or allow the records to be inspected or copied within a reasonable
time.
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If the Contractor does not comply with the County's request for records,
the County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to unilaterally
cancel this contract upon violation of this provision by the Contractor. A
Contractor who fails to provide the public records to the County or pursuant
to a valid public records request within a reasonable time may be subject to
penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or E
otherwise dispose of any public records unless or otherwise provided in this
provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119 FLORIDA
STATUTES TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS ca
CONTRACT CONTACT THE CUSTODIAN OF PUBLIC
--
RECORDS BRIAN BRADLEY AT PHONE# 305-292-3470
BRADLEY-BRIANiONR+OECOUNT -FL.GOV
MONROE COUNTY A'TTORNE'Y'S OFFICE 1111 12TH y
Street SUITE 408 BEY WEST, FL 33040.
9.22 NON-WAIVER OF IMMUNITY W
d
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.
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9.23 PRIVILEGES AND IMMUNITIES
c,
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 d
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
l6-
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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 E
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 °3
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
m
CONSULTANT agrees to execute such documents as COUNTY may
reasonably require, including a Public Entity Crime Statement, an Ethics y
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. CL
All such adjustments must be made within one (1) year following the end of
the Agreement.
9.27 NO PERSONAL LIABILITY
U
No covenant or agreement contained herein shall be deemed to be a
covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or
be subject to any personal liability or accountability by reason of the
execution of this Agreement. 6
d
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of
which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may
execute this Agreement by signing any such counterpart.
9.29 FEDERAL CONTRACT REQUIREMENTS.
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The Consultant and its subconsultants must follow the provisions as set forth
in Appendix I I to Part 200, as amended, including but not limited to:
9.29.1 Equal Employment Opportunity. Except as otherwise provided under 41
CFR Part 60, all contracts that meet the definition of "federally assisted
construction contract' in 41 CFR Part 60-1.3 must include the equal
opportunity clause provided under 41 CFR 60-1.4(b).
9.29.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by E
Federal program legislation, all prime construction contracts in excess of
$2,000 awarded by non-Federal entities must comply with the Davis-Bacon
Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department
of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable °3
to Contracts Covering Federally Financed and Assisted Construction"). In
accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In -
addition, contractors must be required to pay wages not less than once a
week. The COUNTY must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The COUNTY must report all y
suspected or reported violations to the Federal awarding agency. The
contractors must also comply with the Copeland "Anti-Kickback" Act (40
U.S.C. 3145), as supplemented by Department of Labor regulations (29
CFR Part 3, "Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United
States"). As required by the Act, each contractor or subrecipient is prohibited
from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation
to which he or she is otherwise entitled. The COUNTY must report all
suspected or reported violations to the Federal awarding agency. In
accordance with the Davis-Bacon Act, the CONTRACTOR or their
subcontractors shall pay workers employed directly upon the site of the work
no less than the locally prevailing wages and fringe benefits paid on projects U
of a similar character. The current prevailing wage rates can be found at:
www.access,gi2o.gov/davisbacon/fi.htmi under Monroe County.
9.29.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
Where applicable, all contracts awarded by the COUNTY in- excess of
$100,000 that involve the employment of mechanics or laborers must 6
comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate
of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer
or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or
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articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
9.29.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal
award meets the definition of"funding agreement" under 37 CFR §401.2 (a)
and the recipient or subrecipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research
work under that "funding agreement," the recipient or subrecipient must E
comply with the requirements of 37 CFR Part 401, "Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by the awarding agency. °3
9.29.6 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution
Control Act(33 U.S.C. 1251-1387), as amended, Contracts and subgrants of
amounts in excess of $150,000 must comply with all applicable standards, -
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-
7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the Federal awarding agency
and the Regional Office of the Environmental Protection Agency (EPA).
9.29.6 Debarment and Suspension (Executive Orders 12549 and 12689) A contract
award (see 2 CFR 180.220) must not be made to parties listed on the
governmentwide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part
1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded
by agencies, as well as parties declared ineligible under statutory or CL
regulatory authority other than Executive Order 12549.
9.29.7 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or 2
bid for an award exceeding $100,000 must file the required certification.
Each tier certifies to the tier above that it will not and has.not used Federal U
appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with 6
obtaining any Federal award. Such disclosures are forwarded from tier to tier
up to the non-Federal award.
9.29.8 Procurement of recovered materials as set forth in 2 CFR § 200.322.
Other Federal Requirements:
9.29.9 Americans with Disabilities Act of 1990 (ADA) The CONSULTANT will
comply with all the requirements as imposed by the ADA, the regulations of
the Federal government issued thereunder, and the assurance by the
CONSULTANT pursuant thereto.
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9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the
policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as
amended, shall have the opportunity to participate in the performance of
contracts financed in whole or in part with COUNTY funds under this
Agreement. The DBE requirements of applicable federal and state laws and
regulations apply to this Agreement. The COUNTY and its CONSULTANT
agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement: In this regard, all recipients and contractors
shall take all necessary and reasonable steps in accordance with applicable
federal and state laws and regulations to ensure that the DBE's have the
opportunity to compete for and perform contracts. The COUNTY and the
CONSULTANT and subcontractors shall not discriminate on the basis of M
race, color, national origin or sex in the award and performance of contracts, _
entered pursuant to this Agreement.
9.30 The Consultant and sub cosultants shall utilize the U.S. Department of
Homeland Security's E-Verify system to verify the employment eligibility of
all new employees hired by the Consultant during the term of the Contract
and shall expressly require any subconsultants performing work or providing c
services pursuant to the Contract to likewise utilize the U.S. Department of v
Homeland Security's E-Verify system to verify the employment eligibility of
all new employees hired by the subconsultant during the Contract term.
9.31 The Appendices I, A and E of the FDOT Standard Professional Services
Agreement are attached hereto as Attachment B and the Certification for
Disclosure of Lobbying Activities on Federal Aid Contracts, the Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for
Federal Aid Contracts, and the Conflict of Interest/Confidentiality
Certification are attached hereto as Attachment C and all made a part
hereof.
U
s 1 TNESS WHEREOF, each party has caused this Agreement to be executed by
authorized representative on the day and year first above written.
r BOARD OF COUNTY
p ) COMMISSIONERS
ttest, KEVIN MADOK, Clerk OF MONROE COUNTY,
FLORIDA
•
By:-. .-
Deputy Clerk Mayor/Chairma
Bate; > 1 i
r MONROE COUNTY ATTORNEY'S OFFICE
ti R�?UkQ AST F
20- 1' PATRICIA EAGLES
ASSISTANT COUNTY ATTORNEY
DATE t Z _
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deal NB LTANT
Attest:
BY: y: a .
Title; _Se ro Title:
END OF AGREEMENTCo
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ATTACHMENT A
CONSULTANT RATES
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7650 Corporate Center Drive I Suite 300 O
Miami,Florida 33126 O
Direct:305-514-3144 O
www.wsp.com
December21,2017
Monroe County O
102060 Overseas Hwy,Suite 229
Key Largo,FL 33037
Attn: Debra London
Re: Monroe County On-Call Professional Engineering Services Contract
Dear Ms.London:
Pursuant to your request,below are the firm's burdened labor rates proposed for the reference contract.
Should you have any questions or need additional information,feel free to contact me.
JOB CLASSIFICATION BASIC HOURLY RATE O
Chief Engineer $308.93
Clerical $106.71
Planner $136.74
Principal in Charge $315.51
Project Engineer $156.11
tJ
Project Manager $197.86
Senior Construction Manager $281.30
Senior Planner $217.55
Senior Project Engineer $212.03
Senior Project Manager $238.94 CIL
Senior Structural Engineer $316.15
Senior Traffic Engineer $172.72 ¢
Traffic Engineer $113.94
O
With kind regards, CJ
WSP USA Ca
auricio Paredes,P.E.
Project Manager r
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ATTACHMENT B
APPENDICES: I, A and E OF THE FDOT STANDARD PROFESSIONAL
SERVICES AGREEMENT
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UJL,^.1 3EjC d41't L'VvlfE11LLAID T.LRNIS 376-13 -8d
For PROFESSIONAL SERVICES LON., lKA{ ^S PROGRAM MANAGEMENT
0$115
P,M.1.13
JEWS FOR FEI7ERat.AtD 92fJM912 IAEERN214_l1:
The follovnng terms apply to all contracts in which it is indicated that the services invofvs the expenditure of federal funds.
A It is understood and agreed that all rights of the local Agency relating to Inspection,revieve,approval,
patents,copyrights.and audit of the work,tracing plans,specifications maps data,and cast records
relating to this Agreement shall also be reserved and hold by authorized representatives of the Unitr d E
States of America,.
13 It is understood and agreed that,In order to permit lateral partrcipatirsn,no supplemental agreement of any nature
may be entered into by the parties hareto with regard to the smirk to be performed hereunder without the approval
of the U.S Department of Transportation,anything to the contrary in this Agreement not Mthstanding.
ty
C Compl lance with Regulations: The Consultant shall comply with the Regulations:relative to nondiscrimination in
Federaltyassisted programs of the U.S.Department of Transportation Tale 49,Code of Federal Regulations Fast
21,as they may be aniended from tuna to time,(hereinafter referred to as the Regulations).which are herein
incorporated by reference and made a part of this Agreement,
Ll Nondiscnminallon 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 teases of equipment. The Consultant shall not
participate either drrectiy or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,including
employment practncas When the contract covers a program set forth in Appendix B of the Regulations.
E. Solicitations for Subcontracts,Including Procurements of fvlatenats and Equipment: In all sokcitabons made by a)
the Consultant,either by competitive bidding or negotiation for work to be perkrrmed under a subcontract,
including procurements of materials and leases of equipment,each potential subcontractor or supplier shall be
notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to
nondiscrimination on the basis of race.color,national origin.sex age,disability,religion or family status, N
F Information and Ropotts: The Consultant od[provide all information and reports required by the Regulations-or ¢
directives issued pursuant thereto,and shell permit access to its hooks,records,accounts,other sources of
information,and its facilities as may be determined by the Local Agency,Florida Department of Transportation, Ca
Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration,andror Federal'
Momw Carrier Safety Administration to be pertinent to ascertain comptiance with such Regulations,orders and �
instructions. Where any information required of the Consultant is in the exciusrve possession of another wtio fails or
refuses to furnish this information,the Consultant shalt so certify to the Local Agency.Florida Department of
Transportation,Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration,
andfor the Federal Motor Carrier Safety AdmirtistraWn as appropriate,and shalt set forth°r hot efforts it has made to
obtain the information.
C Sanctions for Noncompliance: In the event of the Consultant's nancompliance°M tti the nondiscrimination CL
provisions of this contract,the Local Agency shall impose such contract sanctions as it or the Florida Department
of Transportation,Federal Tran"Administration,Federal Aviation Administration andlor F'aderal Motor Carrier
Safety Administration may determine to be appropriate,including,fiat not limited to, ,
1. wilhholding of payrnerds to the Consultant under the contract until the Consultant complies andlor M
2, cancellation termination or suspension of the contract,in whole or 1n part.
0
N. incorporation or Provisions: The Consultant evil!include the provisions of Paragraph C through I in every Ca
subcontract,including procurements of materials and leases of equipment unless exempt by the Regulations order„
or Instructions issued pursuant thereto, The Consullant shall take such action with respeict to any subcontract or M
Procurement as the Local Agency.Florida Department of Transportation.Federal Highway Administration,Federal Ca
Transit Administration,Federal Aviation Administration,andlor the Federal Motor Carrier Safety Administration may �
direct as a means of enforcing such provisions,including sanctions for noncompliance. In the event a,Consultant
beomes,1nvotved in,or is threatened�,Mh,litigation vrith a subco sultant or supplier as a result of such direction,
the Consultant may request the Local Agency to enter into such litigation to protect the interests of the Local
Agency,and,in addition,the Cons Went may request the United States to enter into such litigation to protect the
interests cif the United States.
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l Comptiance%with Nondiscrimination Statutes and Authorlties�Title VI of the Civil Rights Act of 19 (42 U.S.0 2000d el
seq. 78 slat.252),(praahibils discimination an the basis of race,cellar,national origin),and 49 CFR Fart 21;The Uniform
Relocation,Assistance and Real Property Acquisition Policies Act of 1970 {42 U S C.§4601).iprohibits unfair treatment
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> 375040-84
L7('Af AGENCY }ROGR1k fEDER Al . II) AELIS PROGRAM PoAMAGEMENTFo PiCFESSt Rg . R [. SCC_XN W.SCt4
66r15
Page 2 of 3
of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects');
Federal-Aid Highway Act of 1973,(23 U.S.C,§3214 at seq.),(prohibits discrimination on the basis of sex}l Section 504 of �
the Rehabilitation Act of 1973,(29 U.5 C §794 at seq.),as amended (prohibits discrimination on the basis of disability);
and 49 CFR Part 27; The Age Diw. rminatlnn Act.of 1975, as amended (42 U.S.C, § 6101 at serf,), (prohibits a.
discrimination on the basis of age},Airport..and Airmay improvement Act of 1992,(49 USC§471,Section 47123),as
amended (prohibits discrimination based on race,creed color,.national origin,or sex);The Civil Rights Restoration Act tU
of 1997,(PL 100-209),(Broadened the scrape coverage and applicability of Title VI of the Civil Rights Act of 19U The
Age Discrimination Act of 1975 and Section 604 of the Rehabilitation Act of 1973,by expanding the definition of the 0)
temts'programs or activities'to include all of the programs or activities of the Federal-aid recipients,sub-recipients and tJ
contractors,whether such programs or activities are Federally funded or not);Titles 1.1 and III of the Americans with
Disabilities Act,which prohibit discrimination on the basis of disability in the operation of public entities public and private
transportation systems.places of public accommodation,and certain testing entities.(42 11,S,C.§§12131-- f219$)air
Implemented by Department of Transportation regulations at 49 C>F>R. parts 37 and 38; The Federal Avlaf on �
Administration's fdon•d'sscnmination statute(49 U.S.C. §47123)(prohibits discrimination on the basis of race,color,
national origin, and sex); Executive Order 12998, Federal Actions to Address Environmental Justice in Minority
Populations and Low-income Populations v4iioh ensures nondiscrimination against minority populations by r
discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental ca
effects on minority and low-income populations;Executive Order 13166 Improving Access to Services for Persons with
Umitad English Proficiency, and resulting agency guidance, national origin discrimination iincludes discrimination
because of limited English proficiency(LEP), To ensure compliance with True V1,you must take reasonable steps to
ensure that LEIS persona have meaningful access to your programs(74 Fed.Reg.at 74087 to 74109);Title IX of the
Education Amendments of 1972,as amended, which prohibits you from discriminating bec>ausa of sex in education �
programs or activities(20 U S.C.1661 at seq).
J. Interest of Members of Congress, No member of or delegate to the Congress of the United States reilR be �
admitted to any share of part of this contractor to any benefit arising therefrom.
K, interest of Public Officials. No member,officer.or employee of the public body or of a local public body during his
tenure or for one year thereafter shall have any interest,direct or indirect,in this contract or the proceeds thereof.
For purposes of this provision,public body shall include municipalities and other political subdivisions of Slates,and N
public corporations,boards,and commissions established under the lm,.s of any State,
L. Participation by Disadvantaged Business Enterprises. The Consultant shall agree to abide by the following
statement from 49 CFR 26.131b). This statements shall be included in all subsequent agreements between the fJ
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
M, it is mirtually understood and agreed that the willful falsification,distortion or misrepresentation vAft respect to any CL
facts related to the project(s)described in this Agreement is a violation of the Federal Law,Accordingly,United
States Code,Title 19,Section 1 t120,is hereby incorporated by reference and made a part of this Agreement
N It is understood and agreed that 9 the Consultant at any time leanls that the certification it provided the Local
Agency in cornpllance with 49 CFR.Section 26.51,was ermneous'w/hen submitted or has become erroneous by �
reason of changed cimumslances,the Consultant shall provide immedWe written notice to the local Agency,It is
further agreed that the clause titled`Cerfification Regarding DebamrienL Suspension,Inefr rbilIy and Voluntary
Exclusion-Lower Tier Covered Transaction"as set forth in 49 CFR,Sectiext 29,51Ct,sktall tie Included by the
Consultant in all WAar tier covered transactions and in all aforementioned federal regulation. Ca
O3 The Local Agency hereby certifies that neither the consultant not the consultants representative has been risquired
by the Local Agency,directly or indirectly as an express or implied condition in connevilonwith obtaining or
carrying out this contract,to
1. employ or retain,or agree to employ or retain,any firm or person,or
2. pay,or agree to pay,to any firm person,or organization,any fee contribution,donation,or consideration
of any kind; r
The local Agency further acknowledges that this agreement will be famished to a fedrfral agency,in connection
wjih this contract involving participation of Federal-Aid funds,and is subject to ap icable State and Federal Laws,
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LOCAL AGENCY 6f4O lri INI FEDERAL-AID TERMS 375-04M
Foi PROFFSSIf.RU SEMI ES r;4ONT`l� CYs PROGRAM MANAGEMENT
04115
P.7o 3.3
both criminal and civil:
P. The Consultant hereby testifies that it has not:
t. employed or retained for a commsssion,percentage,brokerage,contingent fee or other consideration,any
finny or person(other than a bona fide employee,.marking 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 connaction: h carrying,out this contract;or
3. paid,or agreed to pay,to any firm,organization or person s',other than a bona fide employee working solely for
The above contractor)any fee contribution,donation,.or consideration of any kind for,,or in connection iilh, �
procuring or carrying out the contract.
The consultant further ackirim ledges that this agreement.01 be furnished to the Local Agency,the State of
Florida Department of Transportation and a federal agency in connection Mth this contract involving participation
of Federal-Aid funds,and is subject to applicable State and Federal Laws,tooth crrrinat and civil,
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Revised 01l2015 APPENDICES A and E
During the performance of this contract,the contractor,for itself,its assignees and successors in
interest(hereinafter referred to as the "Contractor")agrees as follows:
(1 )Compliance with Regulations:The Contractor shall comply with the Regulations relative to
nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation �
(hereinafter, WUSDOT') Title 49. Code of Federal Regulations, Part 21, as they may be M
amended from time to time, (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this,Agreement. �
(2.)Nondiscrimination.The Contractor, with regard to the work perforated 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
materials and leases of equipment. The Contractor shall not participate either directly or
indirectly in the discrimination prohibited by section 21.5 of the Regulations" Including
ernployi ent practices when the contract covers a program set forth in Appendix S of the
Regulations,
C
(3.)Solicitations for Subcontractors,including Procurements of Materials and Equipment: �
In all solicitations made by the Contractor. either by competitive bidding or negotiation for
work to be performed under a subcontract, including procurements of materials or leases of C
equipment„each potential subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this contract and the Regulations relative to nondiscrimination
on the basis of race,color,national origin,sex,age,disability,religion or family status.
(4.)Information and Reports: The Contractor shall provide all information and reports required
by the Regulations or directives issued pursuant thereto,and shall permit access to its books,
records,accounts,other sources of information,and its facilities as may be determined by the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a Contractor is in the exclusive possession of
CL
another who fails or refuses to furnish this information the Contractor shall so certify to the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety ,
Administration as appropriate, and shall set forth what efforts it has made to obtain the
information.
(5.)Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the C
nondiscrimination provisions of this contract, the Florida Department of Transportation shall
impose such contract sanctions as it or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration. and/or the Federal Motor Carrier Safety
Administration may determine to be appropriate,including,but not limited to:
a withholding of payments to the Contractor under the contract until the Contractor
complies,and/or
b, cancellation,termination or suspension of the contract,in whole or in part. r
6
(5.)Incorporation of Provisions: The Contractor shall include the provisions of paragraphs(1)
through (7) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Tile 0)
Contractor shall take such action with respect to any subcontract or procurement as the
Florida Department of Transportation" the Federal Highway Administration, Federal Transit
1 �
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Administration, Federal Aviation Administration. andlor the Federal Motor Carrier Safety
Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. in the event a Contractor becomes involved in, or is threatened with, �
litigation with a sub-contractor or supplier as a result of such direction, tide Contractor may
request the Florida Department of Transportation to enter into such litigation to protect the
interests of the Florida Department of Transportation. and, in addition, tile Contractor may
request the united States to eater into such litigation to protect the interests of the United iv
States.
W
(7.)Compliance with Nondiscrimination Statutes and Authorities:Title VI of the Civil Rights
Act of 1964(42 U.S.C.§2000d et seq.,78 stat. 252,),(prohibits discrimination on the basis of
race, color, national origin);. and 49 CFR Part 21„ The Uniform Relocation ,Assistance and
Real Property Acquisition Policies Act of 19701 (42 U.S.C.§4601), (prohibits unfair treatment
of persons displaced or whose property has been acquired because of Federal or Federal-aid
programs and projects); Federal-Aid Highway Act of 1971 (23 U.S.C. § 324 et seq.), �
(prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation ,Act of 1973,
(29 U S.C. § 794 et seq), as amended. (,prohibits discrimination on the basis of disability)„and 49 CFR Part 27:The Age Discrimination Act of 1975,as amended.(42 U.S.C.§6101 et
seq.), (prohibits discrimination on the basis of age),Airport and Airway Improvement Act of
1982. (49 USC§471, Section 47`123). as amended, (prohibits discrimination based on race,
creed, color, national origin,or sex),The Civil Rights Restoration Act of 1987,(PL I08-209),
(Broadened the scope. coverage and applicability of Title VI of the Civil Rights Act of 1964, m
The Age Discrimination Act of 1975 and :Section 504 of the Rehabilitation Act of 1971 by
expanding the definition of the terms-programs or activities"to include all of the programs or le
activities of the Federal-aid recipients„ sub-recipients and contractors, whether such (n
programs or activities are Federally funded or not); Titles 11 and III of the Americans with
Disabilities Act, which prohibit discrimination on the basis of disability in the operation of
public entities, public and private transportation systems, places of public accommodation, �?
and certain testing entities (42 U.&C.ff 12131 -- 12189)as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation
Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on
the basis of race, color, national origin, and sex), Executive Order 12898, Federal Actions to
Address Environmental Justice in Minority Populations and Low-income Populations, which
erasures non-discrimination against minority populations by discouraging programs, policies, CL
and activities with disproportionately high and adverse human health or environmental effects
on minority and low-income populations; Executive Order 13166„ Improving Access to
Services for Persons with Limited English Proficiency, and resulting agency guidance,
national origin discrimination includes discrimination because of limited English proficiency
(LEP). To ensure compliance with Title Vt. you must take reasonable steps to ensure that
LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 741 fi);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq).
U
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ATTACHMENT C
Certification for Disclosure of Lobbying Activities on Federal Aid Contracts
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion for Federal Aid Contracts
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375-ON0-W
PROCUREMEM
10101
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 m
employee of any federal agency,a Member of Congress, an officer of 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.
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(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 O
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
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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
Qde
that the language of this certification be included in all lower tier
which exceed $100,000 and that all such subrecipients shall certify and
rdingly.
CJ
ultant: �.-Date: Authorized Signature
Title: o
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 376-63032
CERTIFICATION REGARDING DEBARMENT,SUSPENSION, PROCUREMENT
I vi5
INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS j
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below identified firm nor its principals are presently suspei ed propo d for debarment,declared
ineligible,or voluntarily excluded from participation in this transaction by any federal partme agency.
Fame of Consultant/Contractor:
By:
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Gate: —
Tide:
Instructions for Certification
Instructions for Certification-Lower Tier Participants.
(Applicable to all subcontracts,purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to
cost$25,000 or more 2 CFR Pails 180 and 1200)
a By signing and submitting this proposal,the prospective tower tier is providing the certification set out below.
certificationb-The in this clause is a material representation of fact upon which reliance was placed when this transaction was O
enter 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,or agency with which this transaction originated
may pursue available remedies,including suspension and/or debarment.
c.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if Ie
at any time the prospective lower tier participant teams that its certification was erroneous by reason of changed circumstances.
d.The terms'covered transaction"#debarred,""suspended,""ineligible,""participant,'",person,°""principal,'and'voluntarily
excluded,"as used in this clause,are defined in 2 CFR Parts 18 'and 1200.You may contact the person to which this proposal tJ
is submitted for assistance in obtaining a copy of those regulations. First Tier Covered Transactions"refers to any covered
transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract) 'Lower
Tier Covered Transactions'refers to any covered transaction under a First Tier Covered Transaction(such as subcontracts).
First Tier Participant refers to the participant who has entered Into a covered transaction with a grantee or subgrantee of
Federal funds(such as the prime or general contractor). 'Lower Tier Participant"refers any participant who has entered into a
covered transaction with a.First Tier'Participant or other Lower Tier Participants(such as subcontractors and suppliers).
CL
e.The prospective tower her participant agrees by submitting this proposal that,should the proposed covered transaction be
entered into,it shall not knowingly enter into any louver 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', �
INS
f,The prospective tower tier participant further agrees by submitting this proposal that it will include this clause tilled
"Certification Regarding Debarment„Suspension.Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction'without O
modification.to all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold. —
g participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered',
transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that
the certification is erroneous A participant is responsible for ensuring that Its principals are not suspended,debarred.or
otherwise ineliglble to participate in covered transactions To verify the eligibility of its principals,as°evell as the eligibility of any
tower tier prospective participants,each participant may.but Is not required to.check the Exclude*d Parties List System website
(https:ll%%mw,epls.gov/),swhgch is compiled by the General Services Administration.
h.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in O
good faith the certification required by this clause The knowledge and information of participant Is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
tv
I.Except for transactions authorized under paragraph a 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 additron to other remedies available to the Federal Government„the department or agency
with which this transaction originated may pursue available remedies,including suspension and/or debarment.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 175-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
arc-D31v
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
I certify that I have no present conflict of interest,that I have no knowledge of any conflict of interest that my firm may have,and that
will recuse myself from any capacity of decision making approval,disapproval,or recommendation on any contract If I have a conflict of W
interest or a potential conflict of interesk
Can sutlants)Contractors are expected to safeguard their ability to make objective,lair,and impartial decisions when pciforntrng work for
the Department,and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to Influence a pending or future decision of theirs,or to reward a past derision.Consullants
performing work for the Department should avoid any conduct(wheither In the context of business,financial.or social relationships)
which might undermine the public trust,whether or not ttrat conduct is unethical or lends itself to the appearance of ethical impropriety.
U
I^gift maintain the confidentiality of all Information not made public by the Florida fgepartivient of 7ranspoetallon{"Department)related to
the procurement of the above-roferenced('Project"}that I gain access to as a result of my Involvement with the Project('Procurement
Information'),I understand that Procurement Information includes,but is not limited to.documents prepared by or for the Department
related to procurement of the P otect,I also understand that Procurement Information includes,but is not limited to,documents a)
submitted to the Department by entities seeking an award of the Project(Proposers'). I understand that Procurement Info
mTation may
Include documents submitted by Proposers related to letters of responseAetters of interest,technical proposals,price proposals, �
financial proposals and Information shared during exempt meetings.I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers,and information regarding Project cost estimates.I also agree
not to discuss the Project v40i anyone who is a member of or acting on behalf of a Proposer,
Unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney general twill not divulge any _
Procurement Information except to indlvlduals who have executed a Conflict of lnteresVConfidenhality Certification which has been �
approved by the Department("Project Perscnnet`) t understand that a fist of Project Personnel vAll be maintained by Department. if 1
am contacted by any member of the public or the media with a request for Procurement tnformation,I will promptly forward'such
request to the Deparlmenl's Procurement Office.I will also maintain security and control over all documents containing Procurement �
Information which are in my rtastody,
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1 agree not to solicit or accept gratuities,unwarranted privileges or exemptions,favors,or anything of value train any firm under le
consideration for an agreement associated with the Project,and I recognize that doing so may be contrary to statutes,ordinances,and N
rules governing or applicable to the Departmment or may otherwise be a violation of the law.
t agree not to engage in bid tampering,pursuant to Section 838 Florida Statutes,
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I realize that violation of the above mentioned standards could result in the termination of my work far Ilse Department. I further realize W
that violation of the above mentioned statute would be punishable in accordance Mth Section 838.22,Florida Statutes., �
Advertisement NO.I Description Finainc al Project Number(s)
Solicitation No _ / CL
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Each undersigned individual agrees to thtsis nfiict't InterestrC dentiaiity Certification.Primed Names ign, Date
.... ._-
_. ..� .
.............
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AGREEMENT FOR
ON CALL PROFESSIONAL ENGINEERING SERVICES
This Agree ent ("Agreement") made and entered into this � day of
, 20 by and between Monroe County, a political subdivision of the
State of Flor a, 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
a foreign corporation of the State of New York, authorized to
do business in the State of Florida, whose address is 7650 Corporate Center Drive,
Suite 300, Miami, Florida 33126 its successors and assigns, hereinafter referred to
as "CONSULTANT", or"CONTRACTOR".
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WITNESSETH:
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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 c
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miscellaneous projects in which construction costs do not exceed $2,000,000.00, for
study activity if the fee for professional services for each individual study under the
contract does not exceed $200,000.00.
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The professional services required by this Contract will be for services in the form of
a continuing contract, commencing the effective date of this agreement and ending
four (4) years thereafter, with options for the County to renew for one additional 1
year period.
Specific services will be performed pursuant to individual Task Orders issued by the
COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific
scope of work, time schedule, charges and payment conditions, and additional terms
and conditions that are applicable to such Task Orders.
Execution of a Task Order by the COUNTY or County Administrator and the
CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to
proceed with the services described in the Task Order.
The terms and conditions of this Agreement shall apply to each Task Order, except
to the extent expressly modified. When a Task Order is to modify a provision of this
Agreement, the Article of this Agreement to be modified will be specifically
referenced in the Task Order and the modification shall be precisely described.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the
sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree
as follows:
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FORM OF AGREEMENT
ARTICLE 1
REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express
representations and warranties to the COUNTY:
1.1 The CONSULTANT shall maintain all necessary licenses, permits or other
authorizations necessary to act as CONSULTANT for the Project until the
CONSULTANT'S duties hereunder have been fully satisfied.
1.2 The CONSULTANT has become familiar with the Project site and the local
conditions under which the Work is to be completed.
1.3 The CONSULTANT shall prepare all documents required by this Agreement M
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.
1.4 The CONSULTANT assumes full responsibility to the extent allowed by law
with regards to its performance and those directly under its employ. co
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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.
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1.6 At all times and for all purposes under this Agreement the CONSULTANT is
an independent contractor and not an employee of the Board of County
Commissioners for Monroe County. No statement contained in this
Agreement shall be construed so as to find the CONSULTANT or any of its
employees, contractors, servants, or agents to be employees of the Board of
County Commissioners for Monroe County.
1.7 The CONSULTANT shall not discriminate against any person on the basis of
race, creed, color, national origin, sex, age, or any other characteristic or
aspect which is not job related, in its recruiting, hiring, promoting, terminating,
or any other area affecting employment under this Agreement or with the
provision of services or goods under this Agreement.
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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 a
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 E
authorized representative of the CONSULTANT. Any notice required or permitted -
under this Agreement shall be in writing and hand delivered or mailed, postage pre-
paid, to the appropriate party by certified mail, return receipt requested, to the
following:
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For the County: le
Ms. Judith Clarke, P.E.
Director of Engineering Services
Monroe Countyco
1100 Simonton Street, Room 2-216
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator LU
1100 Simonton Street, Room 2-205 LU
Key West, Florida 33040
For the Consultant:
Ronald M. Colas, PE, SI
WSP USA Vice President-Sr. Area Manager CL
7650 Corporate Center Drive, Suite 300
Miami, Florida 33126
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services are services not included in the Scope of Basic Services.
Should the COUNTY require additional services they shall be paid for by the
COUNTY at rates or fees negotiated at the time when services are required,
but only if approved by the COUNTY before commencement.
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3.2 If Additional Services are required, the COUNTY shall issue a letter
requesting and describing the requested services to the CONSULTANT.
The CONSULTANT shall respond with a fee proposal to perform the
requested services. Only after receiving an amendment to the Agreement
and a notice to proceed from the COUNTY, shall the CONSULTANT proceed
with the Additional Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the
Project including physical location of work, county maintained roads, and
maps.
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 M
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. le
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. co
4.6 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 ca
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.
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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
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conduct of the CONSULTANT, subcontractor(s) and other persons
employed or utilized by the CONSULTANT in the performance of the
contract.
6.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is
for the indemnification provided for above. The extent of liability is in no way
limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this Agreement. Should any claims be asserted against the
COUNTY by virtue of any deficiency or ambiguity in the plans and
specifications provided by the CONSULTANT, the CONSULTANT agrees
and warrants that it shall hold the COUNTY harmless and shall indemnify it
from all losses occurring thereby and shall further defend any claim or
action on the COUNTY'S behalf.
5.3 In the event the completion of the project (to include the work of others) is
delayed or suspended as a result of the CONSULTANT'S failure to purchase
or maintain the required insurance, the CONSULTANT shall indemnify
COUNTY from any and all increased expenses resulting from such delays. M
Should any claims be asserted against COUNTY by virtue of any deficiencies E
or ambiguity in the plans and specifications provided by the CONSULTANT
the CONSULTANT agrees and warrants that CONSULTANT will hold the
COUNTY harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claims or action on the COUNTY'S behalf.
6.4 The extent of liability is in no way limited to, reduced or lessened by the o
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insurance requirements contained elsewhere within the Agreement.
5.5 This indemnification shall survive the expiration or early termination of the
Agreement. `o
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
Ronald M. Colas, PE, SI Principal In Charge
Mauricio Paredes, PE Project Manager
Andres Cardona, PE Deputy Project Manager
Rodrigo Pigna, PE QA/QC Senior Engineer
Eduardo Rodriguez, PE QA/QC Sr Inspector
QA/CtC Technical Advisors
Joseph Todd Mitchell, PE Senior Engineer
Dale Helms, PE Senior Engineer
Ricardo Diaz, PE Senior Engineer
Roadway Design
Cecilia Villoria, PE Senior Engineer/Task Leader
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David Hubbard, PE Senior Engineer
Jose Otero, PE Senior Engineer
Yamila Hernandez, PE Senior Engineer
Carlos Benavides, PE Project Engineer
Dayami Cruz, El Project Engineer
Hansel Ayala Project Engineer
Odalys Miguel Senior CADD Technician
Si ,alization Design
Amanda Kreiling, PE, PTOE Senior Engineer/Task Leader
Bharathi Chigurupati, El Project Engineer
Bridge Design
Roger Khouri, PE Senior Engineer
Gino Ageno, El Project Engineer
Deepak Sivasamy, El Project Engineer
Lighting Design
Mark VanDeRee, PE Senior Engineer/Task Leader
Grace Patino, El Project Engineer
Bert Crouthamel Project Engineer
Construction Engineering & Inspection
Pomsit Chakkaphak, PE Senior Inspector/Task Leader
Keith Duke Senior Inspector E
Traffic Studies
Charles Hart, PE, PTOE Senior Engineer/Task Leader
Somaye Fakharian QOM, PhD Project Engineer
Transportation Planning Studies
John Lafferty Senior Planner
Thomas Rodrigues, AICP Planner
Shriram Ramaratnam Planner y
Drainage Design
Sarah Amritt, PE Senior Engineer/Task Leader
Jacob McClish, PE Project Engineer cJ
Permitting co
Werner Reinefeld, PE Senior Engineer
Alan Sterental Project Engineer r"
Sea Level Rise Engineering Services
Mike Flood,AICP Senior Planner/Task Leader
Jerald Ramsden, PhD, PE Senior Engineer
Building Structures Engineering
Esteban Anzola, PE Senior Engineer
Building Inspection &Assessment
Glen White
Contamination AssessmenVRemediation
Curtis Dokken, PE
Kevin Cunniff
Ecological Engineering
Dylan Larson, CEP,PWS
William Mohler
Environmental Permitting, Monitoring and Compliance
Audrey Siu
Rob Stewart
Subsurface Utility Engineering/Land Surveying
Marty Rossi, PSM Senior Surveyor/Task Leader
Karen Lynch Project Surveyor
Geotechnical Services/Material Testing
Hugo Soto, PE Senior Engineer/Task Leader
Rutu Nulkar, PE Project Engineer
Civil/Site Design
Andy Greenwood, PE Senior Engineer
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F.8.c
Eduardo Guinard, PE Senior Engineer
Roberto Socorro, El Project Engineer
Cecilia Martensson Project Engineer
Mechanical Electrical and Plurnbin Fire Protection
Jonathan Quintero, El Project Engineer
Raisa Garrido Project Engineer
Tony Gazzia Project Engineer
Landscape Architecture
Michael Kroll, FASLA Senior Architect
Public Involvement
Sandra Walters
Grant/Fundinn Assistance
Sean Libberton
Thomas Rodrigues, AICP
G_IS/LIDAR
Isabella Remolina
Ted Covill, CP,PPS
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
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COMPENSATION
7.1 PAYMENT SUMco
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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.
c,
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
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invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought as the COUNTY
may require.
7.3 REIMBURSABLE EXPENSES
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; and
b. Cost of reproducing maps or drawings or other materials used in
performing the scope of services; and a,
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 c
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 `o
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.
c,
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:
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F.8.c
A. Workers' Compensation insurance as required by the State of Florida,
sufficient to respond to Florida Statute, Chapter 440.
B. Employers Liability Insurance with limits of One Million Dollars
($1,000,000.00) per Accident, One Million Dollars ($1,000,000.00)
Disease, policy limits, One Million Dollars ($1,000,000.00) Disease each
employee.
C. Comprehensive business automobile and vehicle liability insurance
covering claims for injuries to members of the public and/or damages to
property of others arising from use of motor vehicles, including onsite and
offsite operations, and owned, hired or non-owned vehicles, with One
Million Dollars ($1,000,000.00) combined single limit and One Million
Dollars ($1,000,000.00) annual aggregate.
D. Commercial general liability, including Personal Injury Liability, covering
claims for injuries to members of the public or damage to property of
others arising out of any covered act or omission of the CONSULTANT or E
any of its employees, agents or subcontractors or subconsultants,
including Premises and/or Operations, Products and Completed
Operations, Independent Contractors; Broad Form Property Damage and
a Blanket Contractual Liability Endorsement with One Million Dollars
($1,000,000.00) per occurrence and annual aggregate.
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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 `o
of forty-eight (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
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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 a,
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 co
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 (5) days' written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by
giving the other party sixty (60) days' written notice of its intention to do
so.
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9.6 CONTRACT DOCUMENTS
This Agreement consists of the Request for Proposals, any addenda, the
Form of Agreement (Articles I-IX), the CONSULTANT'S response to the
RFQ, the documents referred to in the Form of Agreement as a part of this
Agreement, and 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 m
A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on
contracts to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property
to a public entity, may not be awarded or perform work as a contractor, _
supplier, subcontractor, or consultant under a contract with any public entity, _
and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017 of the Florida Statutes, for
CATEGORY TWO for a period of thirty-six (36) months from the date of
being placed on the convicted vendor list.
c
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 t?
Agreement and recovery of all monies paid hereto, and may result in co
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
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subcontractor or subconsultant is formally charged with an act defined
as a "public entity crime" or has been placed on the convicted vendor
list.
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be
retained for a period of five (5) years from the termination of this Agreement.
Each party to this Agreement or its authorized representatives shall have
reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and
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for four (4) years following the termination of this Agreement. If an auditor
employed by the COUNTY or Clerk determines that monies paid to
CONSULTANT pursuant to this Agreement were spent for purposes not
authorized by this Agreement, or were wrongfully retained by the
CONSULTANT, the CONSULTANT shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running
from the date the monies were paid by the COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida applicable to contracts made and to be performed
entirely in the 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
16th Judicial Circuit, Monroe County, Florida, in the appropriate court or a,
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 F
Civil Procedure and usual and customary procedures required by the circuit ®_
court of Monroe County.
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9.10 SEVERABILITY
If any term, covenant, condition, or provision of this Agreement (or the c
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 co
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 Lu
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.
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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 the issue or issues are still not E
resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by
Florida law. This Agreement is not subject to arbitration. The CONSULTANT
and COUNTY staff shall try to resolve the claim or dispute with meet and
confer sessions to be commenced within fifteen (15) days of the dispute or
claim. Any claim or dispute that the parties cannot resolve shall be decided c
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by the Circuit Court, 16th Judicial Circuit, Monroe County, Florida.
9.16 COOPERATION
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In the event any administrative or legal proceeding is instituted against either
party relating to the formation, execution, performance, or breach of this
Agreement, COUNTY and 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 VII of the Civil Rights Act of 1964 (PL 88-352)
which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss.
1681-1683, and 1685-1686), which prohibits discrimination on the basis of
sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC
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s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss.
523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be E
amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Chapter 14, Article II, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, 2
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
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CONSULTANT and COUNTY covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that only y
interest of each is to perform and receive benefits as recited in this
Agreement.
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9.19 CODE OF ETHICSco
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, Lu
but not limited to, solicitation or acceptance of gifts; doing business with Lu
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.
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9.21 PUBLIC ACCESS.
Public Records Compliance. Contractor must comply with Florida public
records laws, including but not limited to Chapter 119, Florida Statutes and
Section 24 of article I of the Constitution of Florida. The County and
Contractor shall allow and permit reasonable access to, and inspection of, all
documents, records, papers, letters or other "public record" materials in its
possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the County and Contractor in
conjunction with this contract and related to contract performance. The
County shall have the right to unilaterally cancel this contract upon violation
of this provision by the Contractor. Failure of the Contractor to abide by the E
terms of this provision shall be deemed a material breach of this contract and
the County may enforce the terms of this provision in the form of a court
proceeding and shall, as a prevailing party, be entitled to reimbursement of
all attorney's fees and costs associated with that proceeding. This provision
shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida
Public Records Law in order to comply with this provision.
Pursuant to Florida Statutes, Section 119.0701 and the terms and conditions of this contract, the Contractor is required to:
(1) Keep and maintain public records that would be required by the
County to perform the service.
(2) Upon receipt from the County's custodian of records, provide the
County with a copy of the requested records or allow the records to be y
inspected or copied within a reasonable time at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except CO
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as authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County. '
(4) Upon completion of the contract, transfer, at no cost, to the County
all public records in possession of the Contractor or keep and maintain public
records that would be required by the County to perform the service. If the '
Contractor transfers all public records to the County upon completion of the
contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon 0.
completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the County, upon request from the County's custodian of
records, in a format that is compatible with the information technology
systems of the County.
(5) A request to inspect or copy public records relating to a County
contract must be made directly to the County, but if the County does not
possess the requested records, the County shall immediately notify the
Contractor of the request, and the Contractor must provide the records to the
County or allow the records to be inspected or copied within a reasonable
time.
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If the Contractor does not comply with the County's request for records,
the County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to unilaterally
cancel this contract upon violation of this provision by the Contractor. A
Contractor who fails to provide the public records to the County or pursuant
to a valid public records request within a reasonable time may be subject to
penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or
otherwise dispose of any public records unless or otherwise provided in this
provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING E
THE APPLICATION OF CHAPTER 119 FLORIDA
STATUTES TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT CONTACT THE CUSTODIAN OF PUBLIC
RECORDS BRIAN BRADLEY AT PHONE# 305-292-3470
BRADLEY-BRIANiONR+OECOUN"I -FL.GOV -
MONROE COUNTY ATTORNE'Y'S OFFICE 1111 12TH
0
Street SUITE 408 BEY WEST, FL 33040.
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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 co
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
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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 a
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
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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, y
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 U
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inaccurate, incomplete, or concurrent wage rates and other factual unit costs.
All such adjustments must be made within one (1) year following the end of
the Agreement.
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 no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or
be subject to any personal liability or accountability by reason of the CL
execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of
which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may
execute this Agreement by signing any such counterpart.
9.29 FEDERAL CONTRACT REQUIREMENTS.
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The Consultant and its subconsultants must follow the provisions as set forth
in Appendix I I to Part 200, as amended, including but not limited to:
9.29.1 Equal Employment Opportunity. Except as otherwise provided under 41
CFR Part 60, all contracts that meet the definition of "federally assisted
construction contract" in 41 CFR Part 60-1.3 must include the equal
opportunity clause provided under 41 CFR 60-1.4(b).
9.29.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by a
Federal program legislation, all prime construction contracts in excess of
$2,000 awarded by non-Federal entities must comply with the Davis-Bacon
Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department
of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable E
to Contracts Covering Federally Financed and Assisted Construction"). In
accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a
week. The COUNTY must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The E
decision to award a contract or subcontract must be conditioned upon the -
acceptance of the wage determination. The COUNTY must report all
suspected or reported violations to the Federal awarding agency. The
contractors must also comply with the Copeland "Anti-Kickback" Act (40
U.S.C. 3145), as supplemented by Department of Labor regulations (29
CFR Part 3, "Contractors and Subcontractors on Public Building or Public y
Work Financed in Whole or in Part by Loans or Grants from the United
States"). As required by the Act, each contractor or subrecipient is prohibited
from inducing, by any means, any person employed in the construction, co
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completion, or repair of public work, to give up any part of the compensation
to which he or she is otherwise entitled. The COUNTY must report all
suspected or reported violations to the Federal awarding agency. In
accordance with the Davis-Bacon Act, the CONTRACTOR or their
subcontractors shall pay workers employed directly upon the site of the work
no less than the locally prevailing wages and fringe benefits paid on projects
of a similar character. The current prevailing wage rates can be found at: '
www.access,gi2o.gov/davisbacon/fi.htmi under Monroe County.
9.29.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
Where applicable, all contracts awarded by the COUNTY in- excess of CL
$100,000 that involve the employment of mechanics or laborers must
comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate
of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer
or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or
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articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
9.29.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal
award meets the definition of"funding agreement" under 37 CFR §401.2 (a)
and the recipient or subrecipient wishes to enter into a contract with a small
business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research
work under that "funding agreement," the recipient or subrecipient must a
comply with the requirements of 37 CFR Part 401, "Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by the awarding agency.
9.29.6 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution
Control Act(33 U.S.C. 1251-1387), as amended, Contracts and subgrants of
amounts in excess of $150,000 must comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-
7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the Federal awarding agency
and the Regional Office of the Environmental Protection Agency (EPA). -
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9.29.6 Debarment and Suspension (Executive Orders 12549 and 12689) A contract
award (see 2 CFR 180.220) must not be made to parties listed on the
governmentwide exclusions in the System for Award Management (SAM), in
accordance with the OMB guidelines at 2 CFR 180 that implement Executive le
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part
1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions Lu
contains the names of parties debarred, suspended, or otherwise excluded
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by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
9.29.7 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or
bid for an award exceeding $100,000 must file the required certification.
Each tier certifies to the tier above that it will not and has.not used Federal
appropriated funds to pay any person or organization for influencing or '
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any CIL
lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier
up to the non-Federal award.
9.29.8 Procurement of recovered materials as set forth in 2 CFR § 200.322.
Other Federal Requirements:
9.29.9 Americans with Disabilities Act of 1990 (ADA) The CONSULTANT will
comply with all the requirements as imposed by the ADA, the regulations of
the Federal government issued thereunder, and the assurance by the
CONSULTANT pursuant thereto.
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9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the
policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as
amended, shall have the opportunity to participate in the performance of
contracts financed in whole or in part with COUNTY funds under this
Agreement. The DBE requirements of applicable federal and state laws and
regulations apply to this Agreement. The COUNTY and its CONSULTANT
agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement: In this regard, all recipients and contractors
shall take all necessary and reasonable steps in accordance with applicable
federal and state laws and regulations to ensure that the DBE's have the
opportunity to compete for and perform contracts. The COUNTY and the
CONSULTANT and subcontractors shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of contracts,
entered pursuant to this Agreement.
9.30 The Consultant and sub cosultants shall utilize the U.S. Department of M
Homeland Security's E-Verify system to verify the employment eligibility of _
all new employees hired by the Consultant during the term of the Contract
and shall expressly require any subconsultants performing work or providing
services pursuant to the Contract to likewise utilize the U.S. Department of
Homeland Security's E-Verify system to verify the employment eligibility of
all new employees hired by the subconsultant during the Contract term.
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9.31 The Appendices I, A and E of the FDOT Standard Professional Services
Agreement are attached hereto as Attachment B and the Certification for
Disclosure of Lobbying Activities on Federal Aid Contracts, the Certification 1-0
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for U
Federal Aid Contracts, and the Conflict of Interest/Confidentialityco
Certification are attached hereto as Attachment C and all made a part
hereof. '
s 1 TNESS WHEREOF, each party has caused this Agreement to be executed by
authorized representative on the day and year first above written.
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BOARD OF COUNTY 0.
COMMISSIONERS
ttest, KEVIN MADOK, Clerk OF MONROE COUNTY,
FLORIDA m
By:
By:
Deputy Clerk Mayor/Chairma
Bate; > 1 i
r MONROE COUNTY ATTORNEY'S OFFICE
ti R�?UkQ AST F
20- 1' PATRICIA EAGLES
ASSISTANT COUNTY ATTORNEY
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Attest: NB LTANT 4
BY: y: .
Title: _se,w r1lo Title:
END OF AGREEMENT
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ATTACHMENT A
CONSULTANT RATES
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7650 Corporate Center Drive I Suite 300
Miami,Florida 33126
Direct:305-514-3144
www.wsp.com
December21,2017
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Monroe County O
102060 Overseas Hwy,Suite 229 O
Key Largo,FL 33037 0.
Attn: Debra London
Re: Monroe County On-Call Professional Engineering Services Contract
Dear Ms.London:
Pursuant to your request,below are the firm's burdened labor rates proposed for the reference contract.
Should you have any questions or need additional information,feel free to contact me. O
JOB CLASSIFICATION BASIC HOURLY RATE
Chief Engineer $308.93
Clerical $106.71
Planner $136.74
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Principal in Charge $315.51
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Project Engineer $156.11
Project Manager $197.86 O
Senior Construction Manager $281.30 N
Senior Planner $217.55
Senior Project Engineer $212.03 CJ
Senior Project Manager $238.94 00
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Senior Structural Engineer $316.15
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Senior Traffic Engineer $172.72
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Traffic Engineer $113.94 '
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With kind regards,
WSP USA U
auricio Paredes,P.E. CIL
Project Manager
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ATTACHMENT B
APPENDICES: I, A and E OF THE FDOT STANDARD PROFESSIONAL
SERVICES AGREEMENT
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SJL ^ l 3ENC PRO(&Vvvl f1LLL- ID TERMS 375-130-84
For PROFESSIONAL SERVICES LONlKA{ S
PROGRAM MANAGEMENT
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Peg®tot 3
C Rpll�i Ft3R FE6 Rat,A112 92fJM912 to ERN2lft_t1:
The follovnng terms apply to all contracts in which it is indicated that the services nnvotvs the expenditure of federal funds:
A It is understood and agreed that all rights of the Local Agency relating to Inspection,revieve,approval, ¢
patents,cop,yrrtghts.and audit of the work,tracing plans,specifications maps data,and cast records U
relating to this Agreement shall also be reserved and held by authorized representeftves of tine United
Slates of America,.
13 It is understood and agreed that,in order to permit federal parincipatlon,no supplemental agreement of any nature
may be entered into by the parties hareto vtith 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 nay Mthstartding.
C Compl lance%ith Regulations: The Consultant shall comply with the Regulations:relative to nondiscrivi nation in 0)
Federally-assisted programs of the U.S.Department of Transportation Tale 49,Code of Federal Regulatnrasts,Fait
21,as they may be amended from ttma to time,(hereinafter referred to as the Regulations).such ale herein
incorporated by reference and made a part of this Agreement. 0.
2
D, IWondiscnminallon The Consultant,with regard to the Nork performed during the contract,shall not discriminate 0)
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 lenses of equipment. The Consultant shall not
participate either d€rattly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,including �
employment practncas when the contract covers a program set forth in Appendix S of the Regulations.
E. Solicitations for Subcontracts,Including Procurements of lvlalarriats and Equipment: In all sokcilabons made by
the Consultant,either by competitive bidding or negotiation for work to be performed under a subcontract,
including procurements of materials and leases of equipment,each potential subcontractor or supplier shall be
notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to
nondiscrimination on the basis of race.color,national origin.sex age,disability,religion or family status.
0
F Information and!`deports: The Consultant od[provide all information and repots requireid by the Regulations-or �
directives issued pursuant thereto,and shall permh access to its hooks,records,accounts,outer sources of �
informal]on,and its facilities as may be determined by the Local Agency,Rankle Department of Transportation,
Federal Highway Administration,Federal Transit Administration„Federal Aviation AcInninistrataon,andror Federal'
P for Canter Safety Administration to be padneat to ascertain c€rmptiance with such Regulations,orders and
instructions. Wheins any information required of the Consultant is in the exciusrve possession of another wOo faits or N
refuses to furnish this infomiation,the Consultant shall so certify to the local Agency.Florida Department of
Transportation,Federal Highway Administration,Federal Transit Administration,Federal Aviation Administration,
andlor the Federal Motor Carrier Safety Administration as appropriate,and shall set forth°r hot efforts it has made to
obtain the information.
C Sanctions for Non=rpliance: In the event of the Consultant's naricompliance°M tit the nondiscrimination
provisions of this contract,the Local Agency shall impose such contract sanctions as it or the Florida Department r
of Transportation,Federal Tran"Administration,Federal Aviation Administration andlor Federal Motor Carrier h
Safety Administration may"ermine to be appropriate,including,but not limited to,
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1. withholding of payrrerds to the Consultant under the contract until the Consultant complies andior '
2, cancaflation termination or suspension of the contract,in whole or 1n pail.
H. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through I in every
subcontract,including procurements of materials and leases of equipment unless exempt by the Regulations order„
or Instruction issued pursuant thereto, The Consullant shall take such action rlh respect to any subcontract or
Procurement as the Local Agency Florida Department of Transportation,Federal Highway Administration,Federal
Transit Administration,Federal Aviation Administration,andlor the Federal Motor Carrier Safety Administration may
direct as a means of enforcing such provisions,including sanctions for noncompliance. In the event a,Consultant e(
beomes,involved in,or is threatened vrith,litigation v ath a subco sultant or supplier as a result of such direction,
the Constiltant may request the local Agency to enter into such lilildation to protect the interests of the Local
Agency,and,in addition,the Consultant may request the United States to enter into such 1 ligallion to protect the
inlarests cif the United States. CL
t Co ptsance%rith Nondiscrimination Statutes and Authorities Title VI'of that Civil Rights Act of 19 (42 U.S.0 2001d el
sect. 78 slat.252),(prohibits discrimination an the bas€s of race,cellar,national origin),and 49 CFR Pan 21;The Uniform
Relocation,Assistance and Real Property Acquisition Policies Act of 1970 (42 U S C.§4601).iprohibits unfair treatment
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> 375040-84
LO('Af AGENCY }\OGL' k fEDE Al• AII) ERNIS PROGRAr�A�AGEMENT
"it �'CCESSIONA . R tCESC()Nt ACT
66r15
Page 2 of 3
of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects');
Federal-Aid Highway Act of 1973,(23 U.S.C,§3214 at seq.),!prohibits discrimination on the basis of sex)1 Section 504 of
the Rehabilitation Act of 1973,(29 U.5 C §794 at seq.),as amended (prohibits discriminalion on the basis of disability);
sod 49 CFR Part 27; The Age Diw. rminatlnn Act.of 1976, as amended (42 US.C. § 6101 at serf,), (prohibits
dlscriminallon on the basis of age},Airport..and Airmay Improvement Act of 1992,(49 USC§47 1,Section 47123),as
amended (prohibits discrimination based on race,creed color,national origin,or sex);The Civil Rights Restoration Act ¢
of 1997,(PL 100-249),(Broadened the scope coverage and applicability of Title VI of the Civil Rights Act of 19U The U
Age Discrimination Act of 1975 and Section 604 of the Rehabilitation Act of 1973,by expanding the definition of the
terms'programs or actvitiss'to include all of the programs or activities of the Federal-aid recipients,sub-recipients and
contractors,whether such programs or activities are Federally funded or trot);Titles 1.1 and III of the Americans with
Disabilities Act,which prohibit discrimination on the basis of disatrllity in the operation of public entities public and private ¢
transportation systems.places of public accommodation,and certain testing entities(42 11,S,C.§§12131-- f219$1 as
Implemented by Department of Transportation regulations at 49 C>F>R. parts 37 and 38; The Federal Avlafion
Administration's Edon-discrimination statute(49 U.S.C. §47123)(prohibits discrimination on the basis of race,color, E
national origin, and sex); Executive Order 12998, Federal Actions to Address Environmental Justca in Minority
Populations and Love-income Populations which ensures no"iscrimfnation against minority populations by
discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental
effects on minority and low-income populations;Executive Order 13166 Improving Access to Services for Persons with 0)
UmiRad English Proficiency, and resulting agency guidance, national origin discrimination iincludes. discrimination �
because of limited English proficiency(LEP), To ensure compliance with True V1,you must take reasonable steps to 0)
ensure that LEIS persona have meaningful access to your programs(74 Fed.Reg.at 74087 to 74109);Title IX of the
Education Amendments of 1972,as amended, which prohibits you from discriminating bec usa of sex in education �
programs or activities(20 U S.C.1661 at seq).
J. Interest of Members of Congress, No member of or delegate to the Congress of the United States Ml be
admitted to any share of part of this contractor to any benefit arising theref€om.
K, Interest of Public Officials. No member,officer.or employee of the public body or of a local public body during his
tenure or for one year thereafter shall have any interest,direct or indirect,in this contract or the proceeds thereof.
For purposes of this provision,public body shall include municipalities and other political subdivisions of Slates,and
public corporations,boards,and commissions established under the lm,.s of any State.
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L. Participation by Disadvantaged Business Enterprises. The Consultant shall agree to abide by the following
statement from 49 CFR 26.131b). This statements shall be included in all subsequent agreements between the
Consultant and any subconsultant or contractor, le
The Consultant.sub recipient or subcontractor shall not discriminate on the basis of race,color,national Ch
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 6 termination of this
contract or other such remedy as the recipient deems appropriate.
M, It is mutually understood and agreed that the willful falsification,distortion or misrepresentation v ith respect to any
facts related to the project(s)described in this Agreement is a violation of the Federal Law.Accordingly,united r
Mates Code,Title 18,Section 1 t120,is hereby incorporated by reference and made a part of this Agreement t^
r
N It is understood and agreed that 9 the Consultant at any time learns that the certification it provided the Local r
Agency in compflance with 49 CFR.Section 26.51,was erroneous when submitted or has become erroneous by
reason of changed circumstances,the Consultant shall provide immedWe written notice to the local Agency,It is (,
further agreed that the clause titled Cerfification Regarding DebanrienL Suspension,Inefi rbilIy and Voluntary
Exclusion-Lower Tier Covered Transaction'as set forth in 49 CFR,Sectiexi 29,51Ct,shall t Included by the
Consultant in all WAar tier covered transactions and in all aforementioned federal regulation.
O3 The Local Agency hereby certifies thal neither the consultant not the consuftarifs representative has been risqufred
by the Local Agency,directly or indirectly as an express or implied condition in conneion wrrth obtaining or
carrying out this contract,to
1. employ or retain,or agree to employ or retain,any firm or person,or
2. pay,or agree to pay,to any firm person,or organization,any fee contribution,donation,or consideration CL
of any kind;
The local Agency further acknowledges that this agreement will be famished to a federal agency,in connection
with this contract involving participation of Fedaraf-Aid funds,and is subject to spot icable State and Federal Larva,
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LOCAL AGENCY 6f4O ld AIN3 FEDERAL-AID TERMS 375-04M
Foi PROFFSSIf.RU SEMI ES CON T`RAC,,.�.5 PROGRAM MArdAUE 04ENT
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both criminal and civil:
P. The Consultant hereby testifies that it has not:
t. employed or retained for a commsssion,percentage,brokerage,contingent fee or other consideration,any
firma or person(other than a bona fide amployee:marking solely for the above contractor)to solicit or secure �
this contract;
sm
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 i,,other than a bona fide employee working solely for �
The above contractor)any fee contribution,donation,or consideration of any kind for,,or in connection iilh,
procuring or carrying out the contract.
The consultant further ackri pledges that this agreement.01 be furnished to the Local Agency,the State of �
Florida Department of Transportation and a federal agency in connection Mth this wntract involving participation �
of Federal-Aid funds,and is subject to applicable State and Federal Laws,both crrrrinat and civil,
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Revised 01/2015 APPENDICES A and E
During the performance of this contract,the contractor,for itself,its assignees and successors in
interest(hereinafter referred to as the "Contractor")agrees as follows-
(1 )Compliance with Regulations:The Contractor shall comply with the Regulations relative to
nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation �
(hereinafter, WUSDOT') 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.
(2.)Nondiscrimination.The Contractor, with regard to the work perforated during the contract, W
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
materials and leases of equipment. The Contractor shall not participate either directly or
indirectly in the discrimination prohibited by section 21.5 of the Regulations" including
ernployment practices when the contract covers a program set forth in Appendix S of the
Regulations,
(3.)Solicitations for Subcontractors,including Procurements of Materials and Equipment:
In all solicitations made by the Contractor. either by competitive bidding or negotiation for
work to be performed under a subcontract, including procurements of materials or leases of
equipment;each potential subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this contract and the Regulations relative to nondiscrimination
on the basis of race,color,national origin,sex,age,disability,religion or family status.
(4.)Information and Reports: The Contractor shall provide all information and reports required
by the Regulations or directives issued pursuant thereto,and shall permit access to its books,
records,accounts,other sources of information,and its facilities as may be determined by the
Florida Department of Transportation, the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such Regulations, orders and C)
instructions. Where any information required of a Contractor is in the exclusive possession of
another who fails or refuses to furnish this information the Contractor shall so certify to the r
Florida Department of Transportation, the Federal Highway Administration, Federal Transit �
Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety �
Administration as appropriate, and shall set forth what efforts it has made to obtain the r
information.
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(5.)Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
UJI
nondiscrimination provisions of this contract, the Florida Department of Transportation shall
impose such contract sanctions as it or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration. and/or the Federal Motor Carrier Safety
Administration may determine to be appropriate,including,but not limited to:
a withholding of payments to the Contractor under the contract until the Contractor
complies„andlor CL
b, cancellation,termination or suspension of the contract,in whole or in part.
(5.)Incorporation of Provisions: The Contractor shall include the provisions of paragraphs(1)
through (7) in every subcontract, including procurements of materials and leases of iv
equipment, sinless exempt by the Regulations, or directives issued pursuant thereto. The
Contractor shall take such action with respect to any subcontract or procurement as the
Florida Department of Transportation" the Federal Highway Administration, Federal Transit
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Administration, Federal Aviation Administration. andlor the Federal Motor Carrier Safety
Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. in the event a Contractor becomes involved in, or is threatened with,
litigation with a sub-contractor or supplier as a result of such direction, tine Contractor may
request the Florida Department of Transportation to enter into such litigation to protect the
interests of the Florida Department of Transportation. and, in addition, tile Contractor may
request the united States to eater into such litigation to protect the interests of the United
States. W
(7.)Compliance with Nondiscrimination Statutes and Authorities:Title VI of the Civil Rights
Act of 1964(42 U.S.C.§2000d et seq.,78 stat. 252),(prohibits discrimination on the basis of
race, color, national origin);. and 49 CFR Part 21„ The Uniform Relocation ,Assistance and iv
Real Property Acquisition Policies Act of 1970,(42 U.S.C.§4601), (prohibits unfair treatment E
of persons displaced or whose property has been acquired because of Federal or Federal-aid
programs and projects); Federal-Aid Highway Act of 1971 (23 U.S.C. § 324 et seq.),
(prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation ,Act of 1973, �
(29 U S.C. § 794 et seq), as amended. (prohibits discrimination on the basis of disability)„
and 49 CFR Part 27:The Age Discrimination Act of 1975,as amended.(42 U.S.C.§6101 et
seq.), (prohibits discrimination on the basis of age),Airport and Airway Improvement Act of
1982. (49 USC§471, Section,47`123). as amended, (prohibits discrimination based on race,
creed, color, national origin,or sex),The Civil Rights Restoration Act of 1987,(PL 100-209),
(Broadened the scope. coverage and applicability of Title Vl of the Civil Rights Act of 1964,
The Age Discrimination Act of 1975 and .Section 504 of the Rehabilitation Act of 1971 by —
expanding the definition of the terms-programs or activities"to include all of the programs or �
activities of the Federal-aid recipients„ sub-recipients and contractors, whether such
programs or activities are Federally funded or not); Titles 11 and III of the Americans with
�
Disabilities Act, which prohibit discrimination on the basis of disability in the operation of
public entities, public and private transportation systems, places of public accommodation,
and certain testing entities (42 U.S.C.ff 12131 -- 12189)as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation
Administration's hlon-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on
the basis of race,color, national origin, and sex), Executive Order 12898, Federal Actions to
Address Environmental Justice in Minority Populations and Low-income Populations, which
ensures non-discrimination against minority populations by discouraging programs, policies, Co
and activities with disproportionately high and adverse human health or environmental effects
on minority and low-income populations; Executive Order 13166„ Improving Access to
Services for Persons with Limited English Proficiency, and resulting agency guidance, r
national origin discrimination includes discrimination because of limited English proficiency
(LEP). To ensure compliance with Title Vt. you must take reasonable steps to ensure that
LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 741 fi);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq),
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ATTACHMENT C
Certification for Disclosure of Lobbying Activities on Federal Aid Contracts
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion for Federal Aid Contracts
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375-ON0-W
PROCUREMEM
10101
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 of 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.) y
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 c,
prerequisite for making or entering into this transaction imposed by Section 1352,Title co
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
uJ
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that the language of this certification be included in all lower tier
uJ
which exceed $100,000 and that all such subrecipients shall certify and ,
rdingly.
ultant: �.-Date: -bk "" Authorized Signature CL
Title:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 376-63032
CERTIFICATION REGARDING DEBARMENT,SUSPENSION, PROCUREMENT
I vi5
INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below identified firm nor its principals are presently suspei ed propo d for debarment,declared
ineligible,or voluntarily excluded from participation in this transaction by any federal partjm agency.
Name of Consultant/Contractor.
By:
!gate:
Title:
Instructions for Certification
Instructions for Certification-Lower Tier Participants.
(Applicable to all subcontracts,purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to
cost$25,000 or imore 2 CFR Pails 180 and 1200) �
a By signing and submitting this proposal,the prospective tower tier is providing the certification set out below.
b 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,or agency with which this transaction originated
may pursue available remedies,including suspension and/or debarment.
c.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 teams that its certification was erroneous by reason of changed circumstances.
d.The terms'covered transaction,'#debarred,"'suspended,""ineligible,""participant,""person,'"principal,'and'voluntarily
excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200.You may contact the person to which this proposal
is submitted for assistance in obtaining a copy of those regulations. First Tier Covered Transactions"refers to any covered
transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract) 'Lower y
Tier Covered Transactions'refers to any covered transaction under a first Tier Covered Transaction(such as subcontracts).
First Tier Participant refers to the participant who has entered Into a covered transaction with a grantee or subgrantee of
Federal funds(such as the prime or general contractor). 'Lower Tier Participant"refers any participant who has entered into a
covered transaction with a.First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers),
e.The prospective tower her participant agrees by submitting this proposal that,should the proposed covered transaction be r
entered into,it shall not knowingly enter into any louver 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. r
f,The prospective tower tier participant further agrees by submitting this proposal that it will include this clause tilled
"Certification Regarding Debarment„Suspension.Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,'without
modification.to all lower tier covered transactions and in all solicitations for Power tier covered transactions exceeding the
$25,000 threshold,
g participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered',
transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that
the certification is erroneous A participant is responsible for ensuring that Its principals are not suspended,debarred.or
otherwise ineliglble to participate in covered transactions To verify the eligibility of its principals,as°evell as the eligibility of any
tower tier prospective participants,each participant may.but Is not required to.check the Excluded Parties List System website CL
(https:ll%%mw,epls.govd),swhgch is compiled by the General Services Administration.
h,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 participant Is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings. iv
I.Except for transactions authorized under paragraph a 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 ro
participation in this transaction.in addiiron to other remedies available to the Federal Government„the department or agency
with which this transaction originated may pursue available remedies,including suspension and/or debarment.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 175-030-50
CONFLICT OF INTEREST/CONFIDENTIALITY CERTIFICATION PROCUREMENT
arc-D31v
FOR CONSULTANT/CONTRACTOR/TECHNICAL ADVISORS
I certify that I have no present conflict of interest,that I have no knowledge of any conflict of interest that my firm may have,and that
will recuse myself from any capacity of decision making approval,disapproval,or recommendation on any contract if I have a conflict of
interest or a potential conflict of interesk
Can sutlants)Contractors are expected to safeguard their ability to make objective,lair,and impartial decisions when pciforntrng work for
the Department,and therefore may not accept benefits of any sort under circumstances in which it could be inferred by a reasonable
observer that the benefit was intended to influence a pending or future decision of theirs,or to reward a past derision.Consullants
performing work for the Department should avoid any conduct(wheither In the context of business,financial,or social relationships) �
which might undermine the public trust,whether or not ttsat conduct is unethical or lends itself to the appearance of ethical impropriety.
I wilt maintain the confidentiality of all information not made public by the Florida Department of Transportation{"Departrrsenr)related'to
the procurement of the above-roferenced('Project")that I gain access to as a result of my involvement with the Project('Procurement
Information'),I understand Mat Procurement Information includes,but is not limited to.documents prepared by or for the Department 0)
related to procurement of the P oject,I also understand that Procurement Information includes,but is hot limited to,documents
submitted to the Department by entities seeking an award of the Project('Proposers") I understand that Procurement Information may �
Include documents submitted by Proposers related to letters of responseAetters of interest,technical proposals,price proposals,
financial proposals and Information shared during exempt meetings.I also understand that Procurement Information may also include
documents that evaluate or review documents submitted by Proposers,and information regarding Project cost estimates,I also agree
not to discuss the Project v40i anyone who is a member of of acting on behalf of a Proposer,
unless so ordered by a court of competent jurisdiction or an opinion of the Office of the Florida Attorney general twill not divulge any
Procurement Information except to individuals who have executed a Conflict of lnteresVConfidenhality Certification which has been �
approved by the Department("Project Personnel`) t understand that a fist of Project Personnel vAll be maintained by Department. if I
am contacted by any member of the public or the media with a request for Procurement tnfirrmation,I will promptly forward'such
request to the Deparlmenl's Procurement Office.I will also maintain security and control over all documents containing Procurement _
Information which are in my custody,
I agree not to solicit or accept gratuities,unwarranted privileges or exemptions,favors,or anything of value from any firm under �
consideration for an agreement associated with the Project,and I recognize that doing so may be contrary to statutes,ordinances,and
rules governing or applicable to the Department or may otherwise be a violation of the law.
t agree not to engage in bid tampering,pursuant to Section 838 Florida Statutes.
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t realize that violation of the above mentioned standards could result in the termination of my work far the Department. I further realize le
that violation of the above mentioned statute would be punishable in accordance Mth Section 83U2,Florida Statutes., N
Advertisement NO.I Description Financial Project Number(s)
Solicitation No
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Each undersigned individual agrees to thtsis Conflict'f InterestrC dentiatity Certification.
Prin ed Names Signa Date '
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