Item C08
D/9
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1
The Florida Keys
Michelle Coldiron, District 2
Vacant, District 3
Holly Merrill Raschein, District 5
County Commission Meeting
March 16, 2022
Agenda Item Number: C.8
Agenda Item Summary #10253
BULK ITEM: Yes DEPARTMENT: Engineering / Roads
TIME APPROXIMATE: STAFF CONTACT: Debra London (305) 453-8754
N/A
AGENDA ITEM WORDING: Approval of a contract with WSP USA, Inc. for Construction
Engineering and Inspection Services for the Florida Keys Overseas Heritage Trail (FKOHT)
Connection at Cudjoe Gardens project in the maximum not to exceed amount of $117,658.20.
ITEM BACKGROUND:
On August 25, 2021, the County advertised the Request for Qualifications for the Construction
Engineering and Inspection Services for the Florida Keys Overseas Heritage Trail Connection at
Cudjoe Gardens project. Six submittals were received on September 28, 2021. On December 1,
2021, the Selection Committee met and ranked the respondents. WSP USA Inc. was ranked the
highest respondent. FDOT provided concurrence to negotiate with the highest ranked firm on
December 3, 2021, and provided concurrence to contract with WSP USA Inc. on February 23, 2022.
PREVIOUS RELEVANT BOCC ACTION:
January 21, 2022- The BOCC approved negotiations with WSP USA Inc., ranked the highest
respondent for the Construction Engineering and Inspection Services for the Florida Keys Overseas
Heritage Trail Connection at Cudjoe Gardens project.
June 16, 2021 The BOCC approved by resolution a Florida Department of Transportation (FDOT)
Local Agency Program (LAP) grant agreement, federally funded by the Federal Highway
Administration (FHWA) for the Florida Keys Overseas Heritage Trail Connection at Cudjoe
Gardens project for construction in the amount of $284,936 and construction engineering and
inspection services in the amount of $45,000, for a total grant amount of $329,936.
June 17, 2020 The BOCC approved Amendment 1 to the CSA Central Inc. design contract in the
amount of $32,495, to meet the requirements of the compensatory wetland mitigation programs
required by the South Florida Water Management District (SFWMD) and United States Army Corp
of Engineers (USACE), funded by District 1 Impact Fees.
May 22, 2019 The BOCC approved a contract with CSA Central, Inc. for Design and Permitting
for the Florida Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens project in the
Qbdlfu!Qh/!618
D/9
amount of $85,488.00.
October 17, 2018 - The BOCC approved by resolution a Florida Department of Transportation
(FDOT) Local Agency Program (LAP) grant agreement for Design and Permitting for theFlorida
Keys Overseas Heritage Trail (FKOHT) Connection at Cudjoe Gardens project in the amount of
$70,500.00.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of contract with WSP USA Inc.
DOCUMENTATION:
WSP CEI Contract FKOHT Connection Cudjoe Gardens-Signed Witnessed
FINANCIAL IMPACT:
Effective Date: upon contract award for construction.
Expiration Date: final construction completion and project closeout approved by FDOT.
Total Dollar Value of Contract: $117,658.20
Total Cost to County: $117,658.20
Current Year Portion: $100,000.
Budgeted: yes
Source of Funds: 125-22566-560630
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: no If yes, amount:
Grant: FDOT LAP Agreement partially funding construction and CEI $45,000.
County Match: District 1 Impact fees in the amount of $72,658.20 to fund difference
(Companion Agenda Item 10289).
Insurance Required: yes
Additional Details: FDOT Grant FPN# 441745-1-68-01 Fed No D621-037-B
REVIEWED BY:
Judith Clarke Completed 02/28/2022 10:44 AM
Christine Limbert Completed 02/28/2022 12:29 PM
Purchasing Completed 02/28/2022 12:42 PM
Budget and Finance Completed 02/28/2022 1:03 PM
Maria Slavik Completed 03/01/2022 10:20 AM
Liz Yongue Completed 03/01/2022 11:48 AM
Board of County Commissioners Pending 03/16/2022 9:00 AM
Qbdlfu!Qh/!619
D/9/b
AGREEMENT FOR
DPOTUSVDUJPO!FOHJOFFSJOH!BOE!JOTQFDUJPO!)DFJ*!TFSWJDFT!GPS!UIF!!
GMPSJEB!LFZT!PWFSTFBT!IFSJUBHF!USBJM!)GLPIU*!DPOOFDUJPO!BU!DVEKPF!
HBSEFOT!QSPKFDU!!
!
th
This Agreement Agreement made and entered into this 16 day of March, 2022 by and
between Monroe County, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as
"COUNTY," through the Monroe County Board of County Commissioner,
AND
WSP USA Inc, a Corporation of the State of New York, with offices at Capital Plaza Two, 301
E. Pine Street, Suite 1020, Orlando, FL 32801 its successors and assigns, hereinafter referred to as
"CONSULTANT",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONSULTANT
construction engineering and inspection (CEI) services for the Florida Keys Overseas Heritage
Trail Connection at Cudjoe Gardens Project; and
WHEREAS, CONSULTANT has agreed to provide professional services which shall include
providing construction engineering and inspection (CEI) services for the the Florida Keys Overseas
Heritage Trail Connection at Cudjoe Gardens Project, which services shall collectively be referred to
as Project
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONSULTANT agree as follows:
FORM OF AGREEMENT
BSUJDMF!2!
!
2/2!SFQSFTFOUBUJPOT!BOE!XBSSBOUJFT!
!
By executing this Agreement, CONSULTANT makes the following express representations and
warranties to the COUNTY:
2/2/2 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONSULTANT for the Project until the duties
hereunder have been fully satisfied;
2/2/3 The CONSULTANT has become familiar with the Project site and the local conditions under
which the Work is to be completed.
!
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-1-
Qbdlfu!Qh/!61:
D/9/b
2/2/4 The CONSULTANT shall prepare all documentation required by this Agreement in such a
manner that they shall be accurate, coordinated and adequate for use in verifying work
completed and shall be in conformity and comply with all applicable law, codes and
regulations. The CONSULTANT warrants that the documents prepared as a part of this
Agreement will be adequate and sufficient to document costs in a manner that is acceptable
for reimbursement by government agencies, therefore eliminating any additional cost due to
missing or incorrect information;
2/2/5 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to
his performance and those directly under his employ.
2/2/6!The 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.
2/2/7!At all times and for all purposes under this agreement the CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the CONSULTANT
or any of his/her employees, contractors, servants, or agents to be employees of the Board
of County Commissioners for Monroe County.
2/2/8!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.
2/2/9!The CONSULTANT shall complete the scope of services no later than Thirty (30) days after
Final Completion of construction of the Florida Keys Overseas Heritage Trail Connection at
Cudjoe Gardens Project by the contractor.
!
BSUJDMF!JJ!
TDPQF!PG!CBTJD!TFSWJDFT!
!
3/2!EFGJOJUJPO!
Scope of Basic Services consist of those described in Attachment A.The
CONSULTANT shall commence work on the services provided for in this Agreement promptly upon
his receipt of a written notice to proceed from the COUNTY.
3/3!DPSSFDUJPO!PG!FSSPST-!PNJTTJPOT-!EFGJDJFODJFT
!
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.
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-2-
Qbdlfu!Qh/!621
D/9/b
3/4!OPUJDF!SFRVJSFNFOU!
!
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement shall
be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail,
return receipt requested, to the following:
Ms. Judith Clarke, P.E.
Director of Engineering Services
Monroe County
1100 Simonton Street, Room 2-216
Key West, Florida 33040
And: Mr. Roman Gastesi, Jr.
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the Consultant:
!!WSP USA, Inc.
Rico J. Lepore, P.E.
Vice President | FL PMCM District Manager
Capital Plaza Two
301 E. Pine Street, Suite 1020
Orlando, FL 32801
!!!!!!!!!!!
!
BSUJDMF!JJJ!
BEEJUJPOBM!TFSWJDFT
4/2 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.
4/3!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. FDOT will not fund additional services other than the scope as
set forth in Basic Scope of Services. Any additional services must be funded and approved
by the Board of County Commissioners.
!
BSUJDMF!JW!
DPVOUZ(T!SFTQPOTJCJMJUJFT!
5/2!The COUNTY shall provide full information regarding requirements for the Projectincluding
physical location of work, county maintained roads, maps.
!
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-3-
Qbdlfu!Qh/!622
D/9/b
5/3 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 services.
5/4 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.
5/5 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
services and work of the contractors.
5/6 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.
5/7 The COUNTY shall provide copies of necessary documents required to complete the work.
5/8 Any information that may be of assistance to the CONSULTANT that the COUNTY has
immediate access to will be provided as requested.
BSUJDMF!W!
JOEFNOJGJDBUJPO!BOE!IPME!IBSNMFTT!
!
!!
6/2 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,
intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons
employed or utilized by the CONSULTANT in the performance of the contract.
6/3 The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Should any claims be asserted
against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications
provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold
the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall
6/4 In the event the completion of the project (to include the work of others) is delayed or
red
insurance, the CONSULTANT shall indemnify COUNTY from any and all increased
expenses resulting from such delays. Should any claims be asserted against COUNTY by
virtue of any deficiencies or ambiguity in the plans and specifications provide by the
CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the
COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-4-
Qbdlfu!Qh/!623
D/9/b
6/5 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
6/6 This indemnification shall survive the expiration or early termination of the Agreement.
6/7 GEPU!JOEFNOJGJDBUJPO!!
!
!To the extent provided by law, CONSULTANT shall indemnify, defend, and hold harmless
the COUNTY and the State of Florida, Department of Transportation, includingthe
arising out of, relating to, or resulting from negligent or wrongful act(s) of CONSULTANT,
or any of its officers, agents, or employees, acting within the scope of their office or
employment, in connection with the rights granted to or exercised by CONSULTANT.
The foregoing indemnification shall not constitute a waiver
COUNTY immunity beyond the limits set forth in Florida Statutes,Section
768.28. Nor shall the same be construed to constitute agreement by CONSULTANT to
indemnify COUNTY for the negligent acts or omissions of COUNTY, its officers, agents, or
employees, or third parties. Nor shall the same be construed to constitute agreement by
CONSULTANT to indemnify the Department for the negligent acts or omissions of the
Department, its officers, agents, or employees, or third parties. This indemnification shall
BSUJDMF!WJ!
QFSTPOOFM!
7/2!!QFSTPOOFM!
The CONSULTANT shall assign only qualified personnel (and provide resumes) 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:
OBNF GVODUJPO
Pom Chakkaphak Senior Project Engineer
Jim Rhyne CEI Senior Inspector
Wendy Aguirre CEI Contract Support Specialist
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, but this does not require a
formal amendment to the Agreement.
!
BSUJDMF!WJJ!
DPNQFOTBUJPO!
8/2!DPNQFOTBUJPO!CBTFE!PO!TQFDJGJFE!SBUFT!!
!
8/2/2!The COUNTY shall pay the CONSULTANT monthly in current funds for the
performance of this Agreement based on the hourly rates or test rates as follows:
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-5-
Qbdlfu!Qh/!624
D/9/b
Personnel Estimated HoursLoaded Hourly RateTotal
Classification
SR PROJECT 1$ 257.43$ 257.43
ENGINEER
CEI SENIOR 825$ 84.35$69,588.75
INSPECTOR
CEI CONTRACT 495$ 96.59$47,812.05
SUPPORT
SPECIALIST
Total NotTo Exceed $117,658.20
Contract Amount
The Total Estimated Not to Exceed Amount of One Hundred Seventeen Thousand
SixHundred Fifty-eight Dollars and Twenty Cents ($117,658.20) will apply to this
Agreement.
8/3QBZNFOUT
8/3/2 For its assumption and performances of the duties, obligations and responsibilities set forth
herein, the CONSULTANTshall be paid monthly.Payment will be made pursuant to the
Local Government Prompt Payment Act 218.70, Florida Statutes.
(A)If the duties, obligations and responsibilities are materially changed
by amendment to this Agreementafter execution of this Agreement, compensation
due to the CONSULTANTshall be equitably adjusted, either upward or downward;
(B)As a condition precedent for any payment due under this Agreement, the
CONSULTANTshall submit monthly, unless otherwise agreed in writing by the
COUNTY, aproper invoice toCOUNTYrequesting payment for services properly
rendered and reimbursable expenses due hereunder. The invoice
shall describe with reasonable particularity the service rendered. The
invoice shall be accompanied by such documentation or data in
support of expenses for which payment is sought at the COUNTYmay require.
8/4SFJNCVSTBCMF!FYQFOTFT
8/4/2 Reimbursable expenses include expenses incurred by the CONSULTANTin the interest of
the project:
a.Expenses of transportation submitted by CONSULTANT, in writing, and living expenses
in connection with travel authorized by the COUNTY, in writing, but only to the extent and
in the amounts authorized by Section 112.061, Florida Statutes;
b.Cost of reproducing maps or drawings or other materials used in performing the scope
of services;
c.Postage and handling of reports;
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-6-
Qbdlfu!Qh/!625
D/9/b
8/5!CVEHFU!
!
8/5/2!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.
8/5/3!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.
BSUJDMF!WJJJ
JOTVSBODF
!
9/2 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
failure to purchase or maintain the required insurance, the CONSULTANT
shall indemnify the COUNTY from any and all increased expenses resulting from such delay.
9/3 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.
!!9/4 CONSULTANT shall obtain and maintain the following policies:
A. , sufficient to
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease,
policy limits, $100,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims for
injuries to members of the public and/or damages to property of others arising from use
of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned
vehicles, with $50,000 per person, $100,000 per Occurrence, $25,000 Property Damage
or $100,000 combined single limit.
D. Commercial general liability, including Personal Injury Liability, covering claims for injuries
to members of the public or damage to property of others arising out of any covered act
or omission of the CONSULTANT or any of its employees, agents or subcontractors or
subconsultants, including Premises and/or Operations, Products and Completed
Operations, Independent Contractors; Broad Form Property Damage and a Blanket
Contractual Liability Endorsement with $300,000 per Person, $500,000 per Ocurrence,
$200,000 Property Damage or $500,000 Combined Single Limit.
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-7-
Qbdlfu!Qh/!626
D/9/b
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after the
effective date of this contract. In addition, the period for which claims may be reported
must extend for a minimum of 48 months following the termination or expiration of this
contract.
insuranceof$300,000peroccurrence
and $500,000 annualaggregate.Ifcoverageisprovidedonaclaims
madebasis,anextendedclaimsreportingperiodoffour(4)yearswillbe
required.Recognizingthattheworkgovernedbythiscontractinvolvesthe
furnishingofadviceorservicesofaprofessionalnature,the
CONSULTANTshallpurchaseandmaintain,throughoutthelifeofthe
contract,ProfessionalLiabilityInsurance which willrespondtodamages
resultingfromanyclaimarisingoutoftheperformanceofprofessional
servicesoranyerrororomissionoftheCONSULTANTarisingoutofwork
governed by thiscontract.
COUNTYand FDOT shallbenamedasanadditional insured
with respect toC
CONSULTANTshallrequireitssubconsultantstobeadequatelyinsuredatleasttothe
limitsprescribedabove,andtoanyincreasedlimitsofCONSULTANTifsorequiredby
COUNTYduringthetermofthisAgreement.COUNTYwillnotpayforincreasedlimitsof
insuranceforsubconsultants.
CONSULTANTshallprovidetotheCOUNTYcertificatesofinsuranceoracopyofall
insurancepoliciesincludingthosenamingtheCOUNTYandFDOTas
anadditionalinsured.TheCOUNTYreservestherighttorequirea
certifiedcopyofsuchpoliciesuponrequest.
BSUJDMF!JY
NJTDFMMBOFPVT
:/2TFDUJPO!IFBEJOHT
Section headings have been inserted in this Agreementas 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.
:/3PXOFSTIJQ!PG!UIF!QSPKFDU!EPDVNFOUT
Thedocuments prepared by the CONSULTANTfor this Project belong to the COUNTYand
may be reproduced and copiedwithout acknowledgement or permission of the
CONSULTANT.
:/4TVDDFTTPST!BOE!BTTJHOT
The CONSULTANTshall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-8-
Qbdlfu!Qh/!627
D/9/b
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.
!
:/5!OP!UIJSE!QBSUZ!CFOFGJDJBSJFT!
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
rights in favor of, any third party.
!
:/6!UFSNJOBUJPO!!
A. In the event that the CONSULTANT shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five days
written notification to the CONSULTANT.
!
B. Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms, the
COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate
this agreement for cause with CONSULTANT should CONSULTANT fail to perform the
covenants herein contained at the time and in the manner herein provided. In the event
of such termination, prior to termination, the COUNTY shall provide CONSULTANT with
SULTANT with an opportunity to cure
the breach that has occurred. If the breach is not cured, the Agreement will be terminated
for cause. If the COUNTY terminates this agreement with the CONSULTANT, COUNTY
shall pay CONSULTANT the sum due the CONSULTANT under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds remaining
in the contract; however, the COUNTY reserves the right to assert and seek an offset for
damages caused by the breach. The maximum amount due to CONSULTANT shall not
in any event exceed the spending cap in this Agreement. In addition, the COUNTY
reserves all rights available to recoup monies paid under this Agreement, including the
right to sue for breach of contract and including the right to pursue a claim for violation of
2-721 et al. of the Monroe
County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon sixty (60) daysSULTANT. If the COUNTY
terminates this agreement with the CONSULTANT, COUNTY shall pay CONSULTANT
the sum due the CONSULTANT under this agreement prior to termination, unless the
cost of completion to the COUNTY exceeds the funds remaining in the contract. The
maximum amount due to CONSULTANT shall not exceed the spending cap in this
Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid
under this Agreement, including the right to sue for breach of contract and including the
nce, located at
Section 2-721 et al. of the Monroe County Code.
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-9-
Qbdlfu!Qh/!628
D/9/b
:/7 DPOUSBDU!EPDVNFOUT
This contract consists of the Request for Proposals, any addenda, the Form of Agreement
(Articles I-IX), the response to the RFQ, the documents referred to in the
Form of Agreement as a part of this Agreement, and attachments A, B, C, D, E and F, 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.
:/8 QVCMJD!FOUJUJFT!DSJNFT!!
!
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on contracts to provide any goods or services to
a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017 of the Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this Agreement
will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Agreement and recovery of all monies paid
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 it has not been
amount of money involved or whether CONSULTANT has been placed on the convicted
vendor list.
DPOTVMUBOU!xjmm!qspnqumz!opujgz!uif!DPVOUZ!jg!ju!ps!boz!tvcdpousbdups!ps!
cffo!qmbdfe!po!uif!dpowjdufe!wfoeps!mjtu.
:/9 NBJOUFOBODF!PG!SFDPSET!!
!
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 gjwf!zfbst from the
final payment or termination of this agreement. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other party
to this Agreement for public records purposes during the term of the Agreement and for five
years following the final payment or 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.
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-10-
Qbdlfu!Qh/!629
D/9/b
:/:!HPWFSOJOH!MBX-!WFOVF-!JOUFSQSFUBUJPO-!DPTUT-!BOE!GFFT
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
th
the 16 Judicial Circuit, Monroe County, Florida, in the appropriate court or before the
appropriate administrative body. This agreement shall not be subject to arbitration. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with
the Florida Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
:/21 TFWFSBCJMJUZ!
If any term, covenant, condition or provision of this Agreement (or the application thereof to
any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of
this Agreement, shall not be affected thereby; and each remaining term, covenant, condition
and provision of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the intent of
the stricken provision.
:/22!BUUPSOFZ
!
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
fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-
-of-
pocket expenses in appellate proceedings.
!
:/23!CJOEJOH!FGGFDU
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.
:/24!BVUIPSJUZ
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.
:/25 DMBJNT!GPS!GFEFSBM!PS!TUBUF!BJE
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. Any
conditions imposed as a result of funding that effect the Project will be provided to each
party.
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-11-
Qbdlfu!Qh/!62:
D/9/b
:/26 BEKVEJDBUJPO!PG!EJTQVUFT!PS!EJTBHSFFNFOUT
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. This provision
does not negate or waive the provisions of paragraph 9.5 concerning termination or
cancellation.
:/27!DPPQFSBUJPO!
In the event any administrative or legal proceeding is instituted against either party relating
to the formation, execution, performance, or breach of this Agreement, COUNTYand
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.
:/28!OPOEJTDSJNJOBUJPO!!
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 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 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 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.
During the performance of this Agreement, the CONSULTANT, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p.
339), as amended by Executive Order 11375, Amending Executive Order 11246Relating
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-12-
Qbdlfu!Qh/!631
D/9/b
to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office
of Federal Contract Compliance Programs, Equal Employment Opportunity, Departmentof
Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows:
1) The CONSULTANT will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, sexual orientation, gender identity,
or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
2) The CONSULTANT will, in all solicitations or advertisements for employees
placed by or on behalf of the contractor, state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex,
sexual orientation, gender identity, or national origin.
3) The CONSULTANT will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or applicant
has inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the contractor's legal duty to furnish
information.
4) The CONSULTANT will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the agency contracting officer, advising
the labor union or workers' representative of the contractor's commitments under
section 202 of Executive Order 11246 of September 24, 1965, and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment.
5) The CONSULTANT will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6) The CONSULTANT will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders of
the Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the contracting agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-13-
Qbdlfu!Qh/!632
D/9/b
7) In the event of the CONSULTANT'S non-compliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this
contract may be canceled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order 11246 of September
24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
!
:/29!DPWFOBOU!PG!OP!JOUFSFTU!!!
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.
:/2:!DPEF!PG!FUIJDT!!!
COUNTY agrees that officers and employees of the COUNTY recognize and will be required
to comply with the standards of conduct for public officers and employees as delineated in
Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of
ed compensation; misuse of public
position, conflicting employment or contractual relationship; and disclosure or use of certain
information.
:/31!OP!TPMJDJUBUJPO0QBZNFOU!!!
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. If federally funded by
FHWA, FAR 52.203-5 Covenant Against Contingent Fees applies to this Agreement.
:/32!QVCMJD!BDDFTT.
Qvcmjd!Sfdpset!Dpnqmjbodf/ CONSULTANT 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 CONSULTANT shall allow and permit reasonable
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 CONSULTANT 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 CONSULTANT . Failure
of the CONSULTANT to abide by the 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
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-14-
Qbdlfu!Qh/!633
D/9/b
termination or expiration of the contract.
The CONSULTANT is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and
conditions of this contract, the CONSULTANT is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
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 chapteror 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 as authorized by law for the
duration of the contract term and following completion of the contract if the CONSULTANT
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 CONSULTANT or keep and maintain public records that would
be required by the County to perform the service. If the CONSULTANT transfers all public
records to the County upon completion of the contract, the CONSULTANT shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the CONSULTANT keeps and maintains public records upon
completion of the contract, the CONSULTANT shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the County,
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 CONSULTANT of the request, and the CONSULTANT
must provide the records to the County or allow the records to be inspected or copied within
a reasonable time.
If the CONSULTANT
enforce the public records contract provisions in accordance with the contract,
this contract upon violation
of this provision by the CONSULTANT . A CONSULTANT 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 section119.10, Florida Statutes.
The CONSULTANT 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.
JG!UIF!DPOTVMUBOU!IBT!RVFTUJPOT!SFHBSEJOH!UIF!BQQMJDBUJPO!PG!
DIBQUFS!22:-!GMPSJEB!TUBUVUFT-!UP!UIF!DPOTVMUBOU!
QVCMJD!SFDPSET!SFMBUJOH!UP!UIJT!DPOUSBDU-!DPOUBDU!UIF!DVTUPEJBO!PG!
QVCMJD!SFDPSET-!CSJBO!CSBEMFZ!BU!QIPOF$!416.3:3.4581!CSBEMFZ.
CSJBOANPOSPFDPVOUZ.GM/HPW-!NPOSPF!DPVOUZ!BUUPS
UI
23!Tusffu-!TVJUF!519-!LFZ!XFTU-!GM!44151/!
!
!
!
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-15-
Qbdlfu!Qh/!634
D/9/b
:/33!!OPO.XBJWFS!PG!JNNVOJUZ!!!
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.
:/34!QSJWJMFHFT!BOE!JNNVOJUJFT!!!
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
ly 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.
:/35!MFHBM!PCMJHBUJPOT!BOE!SFTQPOTJCJMJUJFT!
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor
shall it be construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance thereof
by any participating entity, in which case the performance may be offered in satisfaction of
the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
COUNTY, except to the extent permitted by the Florida constitution, state statute, and case
law.
:/36!OPO.SFMJBODF!CZ!OPO.QBSUJFT
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement
to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service
or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that
neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall
have the authority to inform, counsel, or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
:/37!BUUFTUBUJPOT!BOE!USVUI!JO!OFHPUJBUJPO!!
CONSULTANT agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace
Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a
truth in negotiation certificate stating that wage rates and other factual unit costs supporting
the compensation pursuant to the Agreement are accurate, complete, and current at the time
of contracting. The original contract fee and any additions thereto shall be adjusted to exclude
any significant sums by which the agency determines the contract price was increased due
to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such
adjustments must be made within one year following the end of the Agreement.
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-16-
Qbdlfu!Qh/!635
D/9/b
:/38!OP!QFSTPOBM!MJBCJMJUZ!!!
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.
:/39!F.WFSJGZ!TZTUFN!
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
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 HomE-Verify system to verify the work
authorization status of all new employees 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
!
:/3:!FYFDVUJPO!JO!DPVOUFSQBSUT!!!
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.
:/41 EJTBEWBOUBHFE!CVTJOFTT!FOUFSQSJTF!)ECF*!QPMJDZ!BOE!PCMJHBUJPO
!
!
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 tha
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 th
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. For specific instructions, refer to FDOT form 275-030-11.
:/42!GFEFSBM!DPOUSBDU!SFRVJSFNFOUT!
!
The CONTRACTOR/CONSULTANT and its subcontractors must follow the provisions
as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part
200, as amended including but not limited to:
:/42/2!Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, the Federal Water Pollution Control Act as amended, and the
National Environmental Policy Act and will report violations to FDOT, FEMA, and the
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-17-
Qbdlfu!Qh/!636
D/9/b
Regional Office of the Environmental Protection Agency (EPA), as needed.
:/42/3!Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program
legislation, which includes emergency Management Preparedness Grant Program,
Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland
Security Grant Program, Port Security Grant Program and Transit Security Grant Program,
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
Provisions Applicable to Contracts Co
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. If applicable, the COUNTY must place a 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 suspected or reported violations to the Federal
awarding agency. When required by Federal program legislation, which includes emergency
Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit
Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant
Program and Transit Security Grant Program (it does not apply to other FEMA grant and
cooperative agreement programs, including the Public Assistance Program), the contractors
-
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
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.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C.§
3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which
are incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMAmay
by appropriate instructions require, and also a clause requiringthe
subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contractclauses.
(3) Breach. A breach of the contract clauses above may be groundsfor
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
:/42/4!Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
which includes all FEMA grant and cooperative agreement programs, all contracts awarded
by the COUNTY in excess of $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
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-18-
Qbdlfu!Qh/!637
D/9/b
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
articles ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
:/42/5!Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
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
and Small Business Firms Under Government Grants, Contracts and Cooperative
d any implementing regulations issued by the awarding agency.
:/42/6!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, the Federal Water Pollution Control Act as amended, and the National
Environmental Policy Act (NEPA). Violations must be reported to FDOT, the Federal
awarding agency, FEMA, and the Regional Office of the Environmental Protection Agency
(EPA), as needed.
:/42/7!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
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
:/42/8!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 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.
:/42/9!Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.323.
CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as
amended, by the Resource Conservation and Recovery Act. The requirements of Section
6002 include procuring only items designated in guidelines of the Environmental Protection
Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds $10,000 or the value of the quantity acquired during
the preceding fiscal year exceeded $10,000; procuring solid waste management services in
a manner that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-19-
Qbdlfu!Qh/!638
D/9/b
guidelines. In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless the product
cannot be acquired
1. Competitively within a timeframe providing for compliance with the contract performance
schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available
e Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensiveprocurement-
guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002
of the Solid Waste Disposal Act.
Puifs!Gfefsbm!Sfrvjsfnfout;!
!
:/42/:!Americans with Disabilities Act of 1990 (ADA) The CONTRACTOR will comply with all the
requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the CONTRACTOR pursuant thereto.
:/42/21 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the
opportunity to participate in the performance of contracts financed in whole or inpart 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 CONTRACTOR
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
ontracts, including
but not limited to 2 C.F.R. §200.321. The COUNTY and the CONTRACTOR 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.
CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the CONTRACTOR, with the funds authorized by this Agreement, seeksto
subcontract goods or services, then, in accordance with 2 C.F.R. §200.321,the
CONTRACTOR shall take the following affirmative steps to assure that
minority businesses, business enterprises, and labor surplus area
firms are used whenever possible:
i. Placing qualified small and minority businesses and women's
business enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's
business enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits,
which encourage participation by small and minority businesses,
and women's business enterprises;
v. Using the services and assistance, as appropriate, of such
organizations as the Small Business Administration and the Minority
Business Development Agency of the Department of Commerce.
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-20-
Qbdlfu!Qh/!639
D/9/b
:/42/22!The CONTRACTOR shall utilize the U.S. Department of Hom F.Wfsjgz!
tztufn!to verify the employment eligibility 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 HomE-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the Contract term.
:/42/23!Prohibition on certain telecommunications and video surveillance services or equipment as
set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and
subcontractors may not obligate or expend any federal funds to )2* Procure or obtain;
)3* Extend or renew a contract to procure or obtain; or )4* Enter into a contract (or extend or
renew a contract) to procure or obtain equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system. As described in Public Law 115-
232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
)j* For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video surveillance
and telecommunications equipment produced by Hytera Communications Corporation,
Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or
any subsidiary or affiliate of such entities).
)jj* Telecommunications or video surveillance services provided by such entities or using
such equipment.
)jjj* Telecommunications or video surveillance equipment or services produced or provided
by an entity that the Secretary of Defense, in consultation with the Director of the National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be
an entity owned or controlled by, or otherwise connected to, the government of a covered
foreign country.
:/42/24 Domestic preference for procurements as set forth in 2 CFR §200.322 The COUNTY and
CONTRACTOR should, to the great extent practicable, provide a preference for the
purchase, acquisition, or use of goods, products, or materials produced in the United States
(including but not limited to iron, aluminum, steel, cement, and other manufactured products).
These requirements of this section must be included in all subawards including contracts and
purchase orders for work or products under federal award. For purposes of this section:
iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States. (2)
in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical
fiber; and lumber.
The CONTRACTOR is bound by the terms and conditions of the Federally-Funded
Subaward and Grant Agreement between COUNTY and the FDOT.
:/43!GFEFSBM!IJHIXBZ!BENJOJTUSBUJPO!SFRVJSFNFOUT!
The following forms and provisions are incorporated in and made a part of this contract
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-21-
Qbdlfu!Qh/!63:
D/9/b
and all consultant subcontracts.
a). Appendix I of the FDOT Standard Professional Services Agreement is included as
Attachment C.
b). The CONSULTANT and any sub-consultants shall not discriminate on the basis of race,
color, national origin or sex in the performance of this contract. The CONSULTANT shall
carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of
DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or such
other remedy as the COUNTY deems appropriate.
c). CONSULTANT will comply, and ensure its sub-consultants will comply, with the
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions in 49 C.F.R. Part 29, when applicable.
d). Equal Employment Opportunity: In connection with the carrying out of any project, the
CONSULTANT shall not discriminate against any employee or applicant for employment
because of race, age, religion, color, sex national origin, disability or marital status. The
CONSULTANT will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion color,
gender, national origin, disability or marital status. Such action shall include, but not be limited
to, the following: employment upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship.
e). The CONSULTANT and all sub-consultants agree to utilize the U.S Department of
-verify System to verify the employment eligibility of all new employees
hired by the CONSULTANT or sub-consultants during the term of the contract.
f). The CONSULTANT will adhere to all applicable requirements outlined in the Local
Agency Program (LAP) Agreement between FDOT and Monroe County for this project. A
copy of the Agreement is included as Attachment D.
g). The CONSULTANT will identify DBE participation as outlined in Paragraph 9.29.10,
Disadvantaged Business Enterprise (DBE) Policy and Obligations. The CONSULTANT will
utilize the FDOT Equal Opportunity Compliance (EOC) web based application designed to
manage the DBE Program and ensure compliance of DBE reporting. The EOC
Contractor/Consultant module is for Prime Contractors and Consultants to report their Bidder
Opportunity List, DBE Commitments, and DBE Subpayments. The Prime
Contractor/Consultant is responsible for DBE reporting on Construction, Maintenance,
Professional Services and Local agency contracts. FDOT has a race neutral program with
an 10.65% goal. For specific instructions, refer to FDOT form 275-030-11. Attachment E.
The Bid Opportunity list (Professional Services Commitment) form is required and included
in Attachment F.
h). The CONSULTANT will complete and submit the most current version of the following
FDOT forms included in Attachment F:
Form Number Form Name
375-030-30 Truth in Negotiation Certification
375-030-50 Conflict of Interest Certification
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-22-
Qbdlfu!Qh/!641
D/9/b
375-030-32 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion for Federal Aid Contracts
375-030-33 Certification for Disclosure of Lobbying Activities on Federal Aid Contracts
375-030-34 Standard Form-LLL, Disclosure of Lobbying Activities (if required)
375-030-83 Bid Opportunity List Prof Services Commitment Form
!i). The COUNTY will perform a CONSULTANT evaluation in accordance with FDOT
requirements utilizing the appropriate FDOT form after final acceptance as part of the project
closeout process.
!
j). Acquisition of tangible capital assets for COUNTY ownership through service contracts
is normally not acceptable. The requirements of Rule 60A-1.017, F.A.C., must be
considered when this is necessary. Property acquired as part of a service contract must be
handled in accordance with FDOT Procedure No. 350-090-010, Tangible Personal Property
Procedure.
k). Allowable Costs: CONSULTANT shall refer to Code of Federal Regulations: 48 C.F.R.
Part 31, Subpart 31.2 - Contracts With Commercial Organizations for cost principles and
definitions of allowable costs.
l.) The Parties agree to comply with s.20.005(5), Florida Statutes, and to incorporate in all
subcontracts the obligation to comply with s.20.005(5), Florida Statutes.
m.) No member, officer or employee of the Recipient, CONSULTANT or subcontractors
during his or her tenure or for 2 years thereafter shall have any interest, direct or indirect, in
this contract or the proceeds thereof. This statement must be incorporated in all contracts
related to this project.
n.) For all FHWA federally funded projects: Section 287.057 F.S; 23 CFR 1.33; 23CFR
172.7(b)4; and FAR 52.203-5 will also apply to this agreement.
!
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-23-
Qbdlfu!Qh/!642
D/9/b
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by itsduly
authorized representativeon the day and year first above written.
(SEAL)CPBSE!PG!DPVOUZ!DPNNJTTJPOFST
Attest: Kevin Madok, Clerk PG!NPOSPF!DPVOUZ-!GMPSJEB
By:_____________________________By:_____________________________
As Deputy Clerk Mayor/Chairman
Date:______________________
3025033
(Seal)DPOTVMUBOU: WSP USA Inc.
Attest:
02/28/22
BY:____________________________By:________________________
Charlene Cianci
Rico Lepore, P.E.
Ass't VP/SE Operations Mgr PMCM
Vice President |FL PMCM District Manager
Title:___________________________ Title:_______________________
FOE!PG!BHSFFNFOU
-24-
Qbdlfu!Qh/!643
D/9/b
BUUBDINFOU!B!
TDPQF!PG!CBTJD!TFSWJDFT!!
2/1!Uif!Dpotvmubou!tibmm!qspwjef!Dpotusvdujpo!Fohjoffsjoh!boe!Jotqfdujpo!Tfswjdft!)DFJ*!
gps!uif!Gmpsjeb!Lfzt!Pwfstfbt!Ifsjubhf!Usbjm!)GLPIU*!Dpoofdujpo!bu!Dvekpf!Hbsefot!
Qspkfdu/!
The construction consists of an asphalt shared use path connecting the FKOHT crosswalk
del(located at mile marker 20.7) to/from Drost Drive (located at mile marker 21),
approximately 900 feet in length and includes maintenance of traffic during construction,
maintaining environmental controls, clearing/grubbing, excavation, embankment, base
construction, asphalt, crosswalk, detectable warnings, pavement markings, signage, sod and
landscaping.
The CEI firm shall be prequalified for FDOT Work Group type 10.1 Roadway Construction
Engineering Inspection and Work Group 10.3 Construction Materials Inspection.
gram (LAP); the Consultant will comply with all LAP
requirements.
The Consultant shall exercise their independent professional judgment in performing their
obligations and responsibilities under this Task Order. Pursuant to Section 4.1.5of the
onstruction Project Administration Manual (CPAM), the authority of the
Administrator respectively and shall be interpreted as such.
Services provided by the Consultant shall comply with the LAP requirements, FDOT manuals,
procedures, and memorandums in effect as of the date of execution of the Task Order unless
otherwise directed in writing by the County.
The Consultant shall oversee compliance with the conditions set forth in the NEPA document
(Type 1 Categorical Exclusion Checklist), including all applicable plan notes and/or
environmental commitments.
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.
F.Wfsjgz!tztufn 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
-Verify system to verify the employment eligibility of all new employees hired by
the subconsultant during the Contract term.
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-25-
Qbdlfu!Qh/!644
D/9/b
Milestone Dates (may be approximate)
RFQ Advertisement August 30, 2021
Deadline for Questions (10 or more days prior to opening) September 15, 2021
RFQ Due Date September 28, 2021
Selection Committee Ranking Meeting October 20, 2021
County Commission Agenda to Approve Negotiations November 17, 2021
Contract Negotiations (not to exceed 30 days) December 15, 2021
Notice of Award December 31, 2021
County Commission Agenda to Approve Agreement January 19, 2022
3/1!MFOHUI!PG!TFSWJDF;!!
The Consultant services for the Construction Contract shall begin upon written notification to
proceed by County.
The Consultant Senior Project Engineer will track the execution of the Construction Contract
such that the Consultant is given timely authorization to begin work. While no personnel shall
be assigned until written notification by the County has been issued, the Consultant shall be
ready to assign personnel within two weeks of notification. For the duration of the project, the
Consultant shall coordinate closely with the County and Contractor to minimize rescheduling
of Consultant activities due to construction delays or changes in scheduling of Contractor
activities.
For estimating purposes, the Consultant will be allowed an accumulation of thirty (30) working
days to perform preliminary administrative services prior to the issuance of the Contractor's
notice to proceed and thirty (30) calendar days to demobilize after final acceptance of the
Construction Contract.
Construction Contract Estimate:
(Duration 90 days construction plus 90 days FDOT closeout)
Bid Award Date: 4/20/2022 Start Date: 5/15/2022
4/1!EFGJOJUJPOT;!!
A. Resident Engineer: The Engineer assigned to a particular Project or area to
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.
E. Agreement: The Professional Services Agreement between the County and the
Consultant setting forth the obligations of the parties thereto, including but not limited
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-26-
Qbdlfu!Qh/!645
D/9/b
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 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.
K. Department: Florida Department of Transportation.
L. F.D.O.T.: Florida Department of Transportation.
M. County: Monroe County Board of County Commissioners.
5/1!SFRVJSFNFOUT;!!
5/2!Hfofsbm;!!
It shall be the responsibility of the Consultant to administer, monitor, and inspect the
Construction Contract such that the project is constructed in reasonable conformity
with the plans, specifications, and special provisions for the Construction Contract.
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. All Supplemental
Agreements or Change Orders must be approved by FDOT.
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 Contractor.
Work provided by the Consultant shall not relieve the Contractor of responsibility for
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-27-
Qbdlfu!Qh/!646
D/9/b
the satisfactory performance of the Construction Contract.
!5/3!!Tvswfz!Dpouspm;!!
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.
should be directed to the Senior
Project Engineer.
5/4!!Po.tjuf!Jotqfdujpo;!!
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.
Zone traffic control plan and review of modifications to the Work Zone Traffic Control
Plan, including alternate Work Zone Traffic Control Plan, in accordance with F.D.O.T.
procedures. Consultant employees performing such services shall be qualified in
accordance with F.D.O.T. department procedure.
!5/5!!Tbnqmjoh!boe!Uftujoh;!!
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. 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 input verification testing information and data into the
MAC system database using written instructions provided by the
Department.
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-28-
Qbdlfu!Qh/!647
D/9/b
MACsystem.
The Consultant shall be specifically responsible for job control samples determining
the acceptability of all materials and completed work items on the basis of either test
results or verification of a certification, certified mill analysis, DOT label, DOT stamp,
etc.
Sampling, testing and laboratory methods shall be as required by the Department's
Standard Specifications, Supplemental Specifications or as modified by the special
provisions of the Construction Contract.
!!5/6!Fohjoffsjoh!Tfswjdft;!!
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.
Services include maintaining the required level of surveillance of Contractor activities,
interpreting plans, specifications, and special provisions for the Construction
Contract, maintaining complete, accurate records of all activities and events relating
to the project, and properly documenting all significant project changes.
The Consultant shall perform the following services:
(1) Schedule and attend, within ten (10) days after the Notice to Proceed, a pre-
construction conference for the project in accordance with County and FDOT
LAP 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)
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.
(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.
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-29-
Qbdlfu!Qh/!648
D/9/b
(6) Produce reports, verify quantity calculations, field measure for payment
purposes as needed to prevent delays in Contractor operations and ensure
prompt processing of such information in order for the County to make timely
payment to the Contractor. .
(7) Provide Public Information services as required to manage inquiries from the
public, public officials, and the news media. Prepare newsletters for
distribution to adjacent property owners. The County Construction Project
Manager shall approve all notices, brochures, responses to news media, etc.,
prior to release.
(8) Prepare and submit to the Construction Project Manager monthly, a
Construction Status Reporting System (CSRS) report.
(9) Schedule and conduct a meeting with the County Engineering Office at least
Forty-five (45) calendar days prior to project final acceptance. The purpose of
this meeting is to discuss the required documentation, including as-builts,
necessary to close out the permit(s).
(10) Video tape the pre-construction conditions throughout the project limits.
Provide a digital photo log or video of project activities, with heavy emphasis
on potential claim items/issues and on areas of real/potential public
controversy.
(11) The Consultant shall have a digital camera for photographic documentation
of noteworthy incidents or events to cover the following areas:
(a). Pre-construction photographs
(b). Normal and exceptional progress of work
(c). Critical path activities
(d). Accidents showing damage
(e). Unsafe working conditions
(f). Unusual construction techniques
(g). Damaged equipment or materials
(h). Any activity, which may result in claims
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.
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-30-
Qbdlfu!Qh/!649
D/9/b
(12)
and special provisions of the Construction Contract in regard to payment of
predetermined wage rates in accordance with FDOT LAP Department
procedures.
(13)
compliance with Construction Contract requirements. The Resident
Compliance Specialist is responsible for reviewing, monitoring, evaluating and
acting upon documentation required for Construction Contract compliance,
and maintaining the appropriate files thereof. Typical areas of compliance
responsibility include EEO Affirmative Actions for the prime contractor and
subcontractor, DBE Affirmative Action, Contractor Formal Training, Payroll,
and Subcontracts. The Resident Compliance Specialist must keep all related
documents and correspondence accurate and up to date; attend all
compliance reviews and furnish the complete project files for review; and
assist the District Contract Compliance Manager as requested.
(14) As needed, prepare and make presentation before the Dispute Review Boards
in connection with the project covered by this Agreement
(15) Provide information/documentation to the Local Agency to obtain approval
from the FDOT regarding any proposed changes during construction, as
needed. Coordination with FDOT is required to determine if changes to the
project's proposed design would require a NEPA Reevaluation/Update, prior
to the commencement of any additional work. FDOT requires a minimum of
15 calendar days (excluding weekends and FDOT observed holidays) to
review any proposed changes and comment for all project deliverables. This
review time does not include review time performed by outside agencies. If
required, the FDOT shall conduct all coordination with the appropriate outside
agencies during the preparation of the Reevaluation/Update.
6/1!JUFNT!UP!CF!GVSOJTIFE!CZ!UIF!DPVOUZ!UP!DPOTVMUBOU;!!
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.
7/1!JUFNT!GVSOJTIFE!CZ!UIF!DPOTVMUBOU;!!
7/2!Dpvouz!Epdvnfout;!!
All applicable documents referenced herein shall be a condition of this Agreement.
7/3!!Wfijdmft;!!
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
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-31-
Qbdlfu!Qh/!64:
D/9/b
vehicle.
7/4!Gjfme!Frvjqnfou;!!
The Consultant shall supply survey, inspection and testing equipment, essential in
order to carry out the work under this Agreement. Such equipment includes those
non-consumable and non-expendable items, which are normally needed for a CEI
project and are essential in order to carry out the work under this Agreement.
Hard hats shall have the name of the consulting firm visibly displayed.
Equipment described herein and expendable materials under this Agreement will
remain the property of the Consultant and shall be removed at completion of the
work.
ing of nuclear density gauges shall be in compliance with
their license.
The Consultant shall retain responsibility for risk of loss or damage to said
equipment during performance of this Agreement. Field office equipment shall be
maintained and in operational condition at all times.
!7/5!!Mjdfotjoh!gps!Frvjqnfou!Pqfsbujpot;!!
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.
8/1!MJBJTPO;!!
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
Agreement administrative duties relating to Invoice Approval Requests, Personnel Approval
Requests, User ID Requests, Time Extension Requests, and Amendment and Supplemental
Amendment Requests shall be reviewed and approved by the Construction Project Manager.
9/1!QFSTPOOFM;!!
9/2!Hfofsbm!Sfrvjsfnfout;!!
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.
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-32-
Qbdlfu!Qh/!651
D/9/b
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.
9/3!Qfstpoofm!Rvbmjgjdbujpot;!!
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 t
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.
DFJ!TFOJPS!QSPKFDU!FOHJOFFS - 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 (6) months and six (6)
years of engineering experience two (2) years of which are in major road and bridge
construction), or for non-degreed personnel the aforementioned registration and ten
(10) years of engineering experience two (2) 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
-
Attend the CTQP Quality Control Manager course and pass the examination.
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-33-
Qbdlfu!Qh/!652
D/9/b
Certifications: None
A Master's Degree in Engineering may be substituted for one (1) year engineering
experience.
DFJ!QSPKFDU!BENJOJTUSBUPS -A Civil Engineering degree plus two (2) years of
engineering experience in construction of major road or bridge structures, or eight (8)
years of responsible and related engineering experience, two (2) years of which
involved construction of major road and bridge structures.
Receives general instructions regarding assignments and is expected to exercise
initiative and independent judgment in the solution of work problems. Directs and
assigns specific tasks to inspectors and assists in all phases of the construction
project. Will be responsible for the progress and final estimates throughout the
construction project duration. Must have the following:
Qualifications: FDOT Intermediate MOT Pass the CTQP examination covering the
-
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.
DFJ!DPOUSBDU!TVQQPSU!TQFDJBMJTU - A Civil Engineering Degree or High
School diploma or equivalent and four (4) 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 project related duties as stated
above and be proficient in the computer programs necessary to perform these duties.
Shall become trained in CTQP Final Estimates Level II course and maintain a current
qualification.
DFJ!TFOJPS!JOTQFDUPS0!DFJ!TFOJPS!FOHJOFFS!JOUFSO High school
graduate or equivalent plus four years of experience in construction inspection, two
years of which shall have been in bridge and/or roadway construction inspection.
Must have the following:
Qualifications:
CTQP Concrete Field Inspector Level I
CTQP Concrete Transportation Construction Inspector (CTCI) Level II (all bridges)
CTQP Asphalt Roadway Level I (If applicable)
CTQP Asphalt Roadway Level II (If applicable)
CTQP Earthwork Construction Inspection Level I
CTQP Earthwork Construction Inspection Level II
CTQP Pile Driving Inspection (If applicable) CTQP Drilled Shaft Inspection (If
applicable)
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-34-
Qbdlfu!Qh/!653
D/9/b
CTQP Grouting Technician Level I (If applicable)
CTQP Post-Tensioning Technician Level I (If applicable)
FDOT Intermediate MOT
CTQP Final Estimates Level I
Certifications:
Nuclear Radiation Safety
Or a Civil Engineering degree and one year of road & bridge CEI experience with the
ability to earn additional required qualifications within one year. (Note: Senior
Engineer Intern classification requires one year experience as an Engineer Intern.)
Responsible for performing highly complex technical assignments in field surveying
and construction layout, making, and checking engineering computations, inspecting
construction work, and conducting field tests and is responsible for coordinating and
managing the lower level inspectors. Work is performed under the general
supervision of the Project Administrator.
9/4!!Tubggjoh;!!
Once authorized, the Consultant shall establish and maintain an appropriate staff
through the duration of construction and completion of the final estimate. Responsible
personnel, thoroughly familiar with all aspects of construction and final measurements
of the various pay items, shall be available to resolve disputed final pay quantities
until the appropriate Construction Contract has been paid off.
Construction engineering and inspection forces will be required of the Consultant at
all times while the Contractor is working. If Contractor operations are substantially
reduced or suspended, the Consultant will reduce its staff appropriately.
In the event that the suspension of Contractor operations requires the removal of
Consultant forces from the project, the Consultant will be allowed ten (10) days
maximum to demobilize, relocate, or terminate such forces.
:/1!!RVBMJUZ!BTTVSBODF!)RB*!QSPHSBN;!!
:/2!!Rvbmjuz!Sfwjfxt;!!
The Consultant shall conduct semi-annual reviews to make certain his own
organization is in compliance with the requirements cited in the Scope of Services.
Quality Reviews shall be conducted to evaluate the adequacy of materials,
processes, documentation, procedures, training, guidance, and staffing included in
the execution of this Agreement. Quality Reviews shall also be developed and
performed to achieve compliance with specific QA provisions contained in this
Agreement. The semi-annual reviews shall be submitted to the Construction Project
Manager in written form no later than one month after the review.
On short duration CCEI projects (nine (9) months or less), the CCEI shall perform an
initial QA review within the first two months of the start of construction.
:/3!!RB!Qmbo;!!
Within thirty (30) days after receiving award of an Agreement, the Consultant shall
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-35-
Qbdlfu!Qh/!654
D/9/b
furnish a QA Plan to the Construction Project Manager. The QA Plan shall detail the
zation 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:
B/!!Pshboj{bujpo;!!
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.
C/!!Rvbmjuz!Sfwjfxt;!!
The Consultant QA shall detail the methods used to monitor and achieve
organization compliance with Agreement requirements for services and
products.
D/!!Rvbmjuz!Sfdpset;!!
The Consultant will outline the types of records, which will be generated and
maintained during the execution of his QA program.
E/!!Dpouspm!pg!Tvc.dpotvmubout!boe!Wfoepst;!!
The Consultant will detail the methods used to control sub-consultants and
vendor quality.
F/!!Rvbmjuz!Bttvsbodf!Dfsujgjdbujpo;!!
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.
:/4!!Rvbmjuz!Sfdpset;!!
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 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.
21/1!!DFSUJGJDBUJPO!PG!GJOBM!FTUJNBUFT;!!
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-36-
Qbdlfu!Qh/!655
D/9/b
21/2!!Gjobm!Ftujnbuf!boe!Bt.Cvjmu!Qmbot!Tvcnjuubm;!!
Submit the Final Estimate(s) and three (3) sets of final as built plans documenting
(a) Within thirty (30) calendar days after 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.
21/3!Dfsujgjdbujpo;!!
Consultant personnel preparing the Certified Final Estimate Package shall be CTQP
Final Estimates Level II qualified.
Duly authorized representative of the Consultant firm will provide a notarized
certification on a form pursuant to Department procedures.
22/1!TVCDPOTVMUBOU!TFSWJDFT;!!
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.
23/1!PUIFS!TFSWJDFT;!!
Upon written authorization by the Director of Engineering Services or designee, the
Consultant will perform additional services in connection with the project not otherwise
identified in this Agreement. The following items are not included as part of this Agreement,
but may be required by the County to supplement the Consultant services under this
Agreement.
A. Assist in preparing for arbitration hearings or litigation that occurs during the
Agreement time in connection with the construction project covered by this
Agreement.
B. Provide qualified engineering witnesses and exhibits for any litigation or hearings in
connection with the Agreement.
C. Provide on- and off-site inspection services in addition to those provided for in this
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-37-
Qbdlfu!Qh/!656
D/9/b
Agreement.
24/1!QPTU!DPOTUSVDUJPO!DMBJNT!SFWJFX;!!
In the event the Contractor submits a claim for additional compensation and/or time after the
Consultant has completed this Agreement, the Consultant shall, at the written request from
the County, analyze the claim, engage in negotiations leading to settlement of the claim, and
prepare and process the required documentation to close out the claim. Compensation for
such services will be negotiated and effected through a Supplement to this Agreement.
25/1!DPOUSBEJDUJPOT;!!
In the event of a contradiction between the provisions of this Scope of Services and the
Services shall apply.
26/1!UIJSE!QBSUZ!CFOFGJDJBSZ;!!
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.
27/1!!DPVOUZ!BVUIPSJUZ;!!
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 9.1 herein.
!
!
!!
!
!
!
!
!
!
!
!
!
!
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
-38-
Qbdlfu!Qh/!657
D/9/b
ATTACHMENT
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
Qbdlfu!Qh/!658
D/9/b
375-040-84
LOCAL AGENCY PROGRAM FEDERAL-AID TERMS
PROGRAM MANAGEMENT
For PROFESSIONAL SERVICES CONTRACTS
12/19
Page 1 of 3
TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I):
The following terms apply to all contracts in which it is indicated that the services involve the expenditure of federal funds:
A. It is understood and agreed that all rights of the Local Agency relating to inspection, review, approval, patents,
copyrights, and audit of the work, tracing, plans, specifications, maps, data, and cost records relating to this
Agreement shall also be reserved and held by authorized representatives of the United States of America.
B. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as
well as all data collected, together with summaries and charts derived therefrom, will be considered works made for
hire and will become the property of the Agency upon completion or termination without restriction or limitation on
their use and will be made available, upon request, to the Agency at any time during the performance of such
services and/or completion or termination of this Agreement. Upon delivery to the Agency of said document(s), the
Agency will become the custodian thereof in accordance with Chapter 119, Florida Statutes. The Consultant will not
copyright any material and products or patent any invention developed under this agreement. The Agency will have
the right to visit the site for inspection of the work and the products of the Consultant at any time.
C. It is understood and agreed that, in order to permit federal participation, no supplemental agreement of any nature
may be entered into by the parties hereto with regard to the work to be performed hereunder without the approval of
the U.S. Department of Transportation, anything to the contrary in this Agreement not withstanding.
D. The consultant shall provide access by the Florida Department of Transportation (recipient), the Agency
(subrecipient), the Federal Highway Administration, the U.S. Department of Transportation’s Inspector General, the
Comptroller General of the United States, or any of their duly authorized representatives to any books, documents,
papers, and records of the consultant which are directly pertinent to that specific contract for the purpose of making
audit, examination, excerpts, and transcriptions.
E. Compliance with Regulations: The Consultant shall comply with the Regulations: relative to nondiscrimination in
Federally-assisted programs of the U.S. Department of Transportation Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this Agreement.
F. Nondiscrimination: The Consultant, with regard to the work performed during the contract, shall not discriminate on
the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of
subcontractors, including procurements of material and leases of equipment. The Consultant shall not participate
either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of the Regulations.
G. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations made by the
Consultant, either by competitive bidding or negotiation for work to be performed under a subcontract, including
procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the
Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on
the basis of race, color, national origin, sex, age, disability, religion or family status.
H. Information and Reports: The Consultant will 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 Local Agency, Florida Department of Transportation, Federal
Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or Federal Motor Carrier
Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where
any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this
information, the Consultant shall so certify to the Local Agency, Florida Department of Transportation, 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.
I.Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions
of this contract, the Local Agency shall impose such contract sanctions as it or the Florida Department of
Transportation, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration,
and/or Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to,
1. withholding of payments to the Consultant under the contract until the Consultant complies and/or
2. cancellation, termination or suspension of the contract, in whole or in part.
J. Incorporation or Provisions: The Consultant will include the provisions of Paragraph C through K in every subcontract,
including procurements of materials and leases of equipment unless exempt by the Regulations, order, or instructions
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
Qbdlfu!Qh/!659
D/9/b
375-040-84
LOCAL AGENCY PROGRAM FEDERAL-AID TERMS
PROGRAM MANAGEMENT
For PROFESSIONAL SERVICES CONTRACTS
12/19
Page 2 of 3
issued pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the
Local Agency, Florida Department of Transportation, Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of
enforcing such provisions, including sanctions for noncompliance. In the event a Consultant becomes involved in, or is
threatened with, litigation with a subconsultant 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 Consultant
may request the United States to enter into such litigation to protect the interests of the United States.
K. 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 1970, (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 1973, (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 47123), 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 VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of
the Rehabilitation Act of 1973, 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 II 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. §§ 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 ensures non-discrimination 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 Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English
proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have
meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 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).
L. Interest of Members of Congress: No member of or delegate to the Congress of the United States will be admitted
to any share or part of this contract or to any benefit arising therefrom.
M. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his
tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For
purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public
corporations, boards, and commissions established under the laws of any State.
N. Participation by Disadvantaged Business Enterprises: The Consultant shall agree to abide by the following
statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the
Consultant and any subconsultant or contractor.
1. 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.
O. It is mutually understood and agreed that the willful falsification, distortion or misrepresentation with respect to any facts
related to the project(s) described in this Agreement is a violation of the Federal Law. Accordingly, United States Code,
Title 18, Section 1020, is hereby incorporated by reference and made a part of this Agreement.
P. It is understood and agreed that if the Consultant at any time learns that the certification it provided the Local Agency
in compliance with 49 CFR, Section 26.51, was erroneous when submitted or has become erroneous by reason of
changed circumstances, the Consultant shall provide immediate written notice to the Local Agency. It is further
agreed that the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Covered Transaction" as set forth in 49 CFR, Section 29.510, shall be included by the Consultant in all
lower tier covered transactions and in all aforementioned federal regulation.
Q. The Local Agency hereby certifies that neither the consultant nor the consultant's representative has been required
by the Local Agency, directly or indirectly as an express or implied condition in connection with obtaining or carrying
out this contract, to
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
Qbdlfu!Qh/!65:
D/9/b
375-040-84
LOCAL AGENCY PROGRAM FEDERAL-AID TERMS
PROGRAM MANAGEMENT
For PROFESSIONAL SERVICES CONTRACTS
12/19
Page 3 of 3
1. employ or retain, or agree to employ or retain, any firm or person, or
2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of
any kind;
The Local Agency further acknowledges that this agreement will be furnished to a federal agency, in connection
with this contract involving participation of Federal-Aid funds, and is subject to applicable State and Federal Laws,
both criminal and civil.
R. The Consultant hereby certifies that it has not:
1. employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any
firm or person (other than a bona fide employee working solely for the above contractor) to solicit or secure
this contract;
agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any
2.
firm or
person in connection with carrying out this contract; or
paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for
3.
the
above contractor) any fee contribution, donation, or consideration of any kind for, or in connection with,
procuring or carrying out the contract.
The consultant further acknowledges that this agreement will be furnished to the Local Agency, the State of
Florida Department of Transportation and a federal agency in connection with this contract involving participation
of Federal-Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil.
S. 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 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 employment eligibility of all new employees hired by the
subcontractor during the Contract term.
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU
Qbdlfu!Qh/!661
D/9/b
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU!dpoofdujpo!bu
Qbdlfu!Qh/!662
D/9/b
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU!dpoofdujpo!bu
Qbdlfu!Qh/!663
D/9/b
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU!dpoofdujpo!bu
Qbdlfu!Qh/!664
D/9/b
Buubdinfou;!XTQ!DFJ!!Dpousbdu!GLPIU!Dpoofdujpo!Dvekpf!Hbsefot.Tjhofe!!Xjuofttfe!!)Bqqspwbm!pg!DFJ!dpousbdu!xjui!XTQ!gps!uif!GLPIU!dpoofdujpo!bu
Qbdlfu!Qh/!665
D/9/b
WSP USA INC.
SECRETARYÓS CERTIFICATE
I, Hillary F. Jassey, Secretary of WSP USA Inc. (the ÐCorporationÑ), do hereby certify on
behalf of the Corporation and not in my individual capacity that on August 4, 2020 the Board of
Directors of the Corporation adopted the following resolution:
Ð RESOLVED, that parties authorized by the Delegation of Authority may
sign RFPs, RFQs and any resulting project contracts or amendments in
accordance with the Delegation of Authority.Ñ
I further certify that the resolution has not been revoked and that, as Vice President, Florida
PM/CM District Manager of the Corporation, Rico J. Lepore, P.E. is authorized by the
Delegation of Authority to sign prime agreements, amendments, and task work orders, between
Monroe County Board of County Commissioners, Monroe County, the State of Florida, and the
Corporation.
This Certification is valid from 01 January 2022 until 30 June 2022, at which time the
responsibilities and authority conferred by this certificate will expire.
_________________________
Hillary F. Jassey
Secretary
December 17, 2021
Date
Qbdlfu!Qh/!666
D/9/b
EBUF!)NN0EE0ZZZZ*
DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF
UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT
DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT
CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE
SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/
JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/
Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po
uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/
DPOUBDU
QSPEVDFS
OBNF;
GBY
QIPOF
)B0D-!Op*;
)B0D-!Op-!Fyu*;
F.NBJM
BEESFTT;
JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$
JOTVSFS!B!;
JOTVSFE
JOTVSFS!C!;
JOTVSFS!D!;
JOTVSFS!E!;
JOTVSFS!F!;
JOTVSFS!G!;
DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS;
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
BEEMTVCS
JOTSQPMJDZ!FGGQPMJDZ!FYQ
UZQF!PG!JOTVSBODFMJNJUT
QPMJDZ!OVNCFS
MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ*
JOTEXWE
DPNNFSDJBM!HFOFSBM!MJBCJMJUZ
EACH OCCURRENCE$
DAMAGE TO RENTED
CLAIMS-MADEOCCUR$
PREMISES (Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY$
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$
PRO-
POLICYLOCPRODUCTS - COMP/OP AGG$
JECT
$
OTHER:
COMBINED SINGLE LIMIT
BVUPNPCJMF!MJBCJMJUZ$
(Ea accident)
ANY AUTO
BODILY INJURY (Per person)$
OWNEDSCHEDULED
BODILY INJURY (Per accident)$
AUTOS ONLYAUTOS
NON-OWNED
HIREDPROPERTY DAMAGE
$
(Per accident)
AUTOS ONLYAUTOS ONLY
$
13015033
VNCSFMMB!MJBC
y
EACH OCCURRENCE$
OCCUR
FYDFTT!MJBC
CLAIMS-MADEAGGREGATE$
$
DEDRETENTION$
PEROTH-
XPSLFST!DPNQFOTBUJPO
STATUTEER
BOE!FNQMPZFST(!MJBCJMJUZ
Z!0!O
ANYP ROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT$
O!0!B
OFFICER/MEMBER EXCLUDED?
)Nboebupsz!jo!OI*
E.L. DISEASE - EA EMPLOYEE$
If yes, describe under
E.L. DISEASE - POLICY LIMIT$
DESCRIPTION OF OPERATIONS below
EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe*
DFSUJGJDBUF!IPMEFSDBODFMMBUJPO
TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF
UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JO
BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/
BVUIPSJ\[FE!SFQSFTFOUBUJWF
ª!2:99.3126!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/
BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE
Qbdlfu!Qh/!667
D/9/b
EBUF!)NN0EE0ZZZZ*
DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF
UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT
DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT
CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE
SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/
JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/
Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po
uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/
DPOUBDU
QSPEVDFS
OBNF;
GBY
QIPOF
)B0D-!Op*;
)B0D-!Op-!Fyu*;
F.NBJM
BEESFTT;
JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$
JOTVSFS!B!;
JOTVSFE
JOTVSFS!C!;
JOTVSFS!D!;
JOTVSFS!E!;
JOTVSFS!F!;
JOTVSFS!G!;
DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS;
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
BEEMTVCS
JOTSQPMJDZ!FGGQPMJDZ!FYQ
UZQF!PG!JOTVSBODFMJNJUT
QPMJDZ!OVNCFS
MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ*
JOTEXWE
DPNNFSDJBM!HFOFSBM!MJBCJMJUZ
EACH OCCURRENCE$
DAMAGE TO RENTED
CLAIMS-MADEOCCUR$
PREMISES (Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY$
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$
PRO-
POLICYLOCPRODUCTS - COMP/OP AGG$
JECT
$
OTHER:
COMBINED SINGLE LIMIT
BVUPNPCJMF!MJBCJMJUZ$
(Ea accident)
ANY AUTO
BODILY INJURY (Per person)$
OWNEDSCHEDULED
BODILY INJURY (Per accident)$
13015033
AUTOS ONLYAUTOS
NON-OWNED
HIREDPROPERTY DAMAGE
$
y
(Per accident)
AUTOS ONLYAUTOS ONLY
$
VNCSFMMB!MJBC
EACH OCCURRENCE$
OCCUR
FYDFTT!MJBC
CLAIMS-MADEAGGREGATE$
$
DEDRETENTION$
PEROTH-
XPSLFST!DPNQFOTBUJPO
STATUTEER
BOE!FNQMPZFST(!MJBCJMJUZ
Z!0!O
ANYP ROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT$
O!0!B
OFFICER/MEMBER EXCLUDED?
)Nboebupsz!jo!OI*
E.L. DISEASE - EA EMPLOYEE$
If yes, describe under
E.L. DISEASE - POLICY LIMIT$
DESCRIPTION OF OPERATIONS below
EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe*
DFSUJGJDBUF!IPMEFSDBODFMMBUJPO
TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF
UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JO
BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/
BVUIPSJ\[FE!SFQSFTFOUBUJWF
ª!2:99.3126!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/
BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE
Qbdlfu!Qh/!668