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Item C38BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 10/17/2012 Division: Enineerin/Public Works Bulk Item: Yes X No _ Department: Engineering Services Department Staff Contact Person/Phone #: Judv Clarke X 4329 AGENDA ITEM WORDING: Approval to advertise a Request for Qualifications (RFQ) for engineering design services for the Card Sound Bridge Repair project. The engineering design and permitting services will be funded by Florida Department of Transportation (FDOT) through a Local Agency Program (LAP) Agreement. ITEM BACKGROUND: Card Sound Bridge is in need of repairs. The County's On Call Professional Services Consultants cannot be utilized for projects where the constriction estimate is $2,000,000 or more. Therefore, staff prepared an RFQ for engineering design and permitting services. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved a LAP Agreement with FDOT for funding for the engineering design services at the March 2012 BOCC meeting. CONTRACT/AGREEMENT CHANGES: Not applicable STAFF RECOMMENDATIONS: Approval as requested above. TOTAL COST: $800 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $800 SOURCE OF FUNDS: Jund 102 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty DOCUMENTATION: Included DISPOSITION: Revised 7/09 OMB/Purchasing Not Required Risk Management AGENDA ITEM # MONROE COUNTY REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL SERVICES FOR ENGINEERING DESIGN AND PERMITTING SERVICES FOR THE CARD SOUND BRIDGE REPAIR PROJECT BOARD OF COUNTY COMMISSIONERS Mayor, David Rice, District 4 Mayor Pro-Tem, Kim Wigington, District 1 George Neugent, District 2 Heather Carruthers, District 3 Sylvia Murphy, District 5 COUNTY ADMINISTRATOR Roman Gastesi, Jr. CLERK OF THE CIRCUIT COURT Danny L. Kolhage PUBLIC WORKS Kevin Wilson, P.E. OCTOBER 2012 PREPARED BY: Monroe County Engineering Services Department RFQ for Engineering Design for Card Sound Bridge Repair Project NOTICE OF REQUEST FOR QUALIFICATIONS NOTICE IS HEREBY GIVEN that on , 2012 at 3:00 P.M. the Monroe County Purchasing Office will receive and open sealed responses for the following: CARD SOUND BRIDGE REPAIR DESIGN AND PERMITTING PROJECT Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR www.monroecountybids.com or call toll -free at 1-800-711-1712. The Public Record is available at the Monroe County Purchasing Office located at The Gato Building, 1100 Simonton Street, Room 1-213, Key West, Florida. All Responses must be sealed and must be submitted to the Monroe County Purchasing Office. Publication dates -2- RFQ for Engineering Design for Card Sound Bridge Repair Project TABLE OF CONTENTS NOTICE OF REQUEST FOR PROPOSALS SECTION ONE - Instruction to Respondents SECTION TWO - Scope of Work SECTION THREE - Draft Contract SECTION FOUR - County Forms -3- RFQ for Engineering Design for Card Sound Bridge Repair Project SECTION ONE: INSTRUCTION TO RESPONDENTS 1.01 INTRODUCTION/BACKGROUND Card Sound Bridge, #904990 is a 2,777-foot long structure on Card Sound Road that spans the Intercoastal Waterway in North Key Largo in Monroe County. It was constructed in 1969 and is part of one of the two evacuation routes out of the Florida Keys. Card Sound Road also provides access to the North Key Largo community of Ocean Reef. The February, 2010 inspection report indicates that the sufficiency rating is 68.5. The County requires the services of a firm or individual to develop the design of necessary repairs to the bridge, obtain required permits, and prepare construction documents. The project will be funded by a Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT). The engineering design will conform to FDOT design standards and specifications and all LAP requirements. 1.02 COPIES OF RFQ DOCUMENTS A. Only complete sets of RFQ Documents will be issued and used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of RFQ Documents may be obtained in the manner and at the locations stated in the Notice of Request for Qualifications. 1.03 DISQUALIFICATION OF RESPONDENT A. NON -COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON -COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG -FREE WORKPLACE FORM and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING 2e RFQ for Engineering Design for Card Sound Bridge Repair Project AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 1.04 EXAMINATION OF RFQ DOCUMENTS A. Each Respondent shall carefully examine the RFQ and other contract documents, and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Respondent shall in no way relieve him of the obligations and responsibilities assumed under the contract. B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County. 1.05 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received in writing seven or more days prior to the date fixed for opening of responses will be given consideration. Written inquiries should be sent to Judith Clarke, P.E., Director of Engineering Services, Monroe County Engineering Department, 1100 Simonton Street, Room 216, Key West, Florida 33040 or faxed to (305) 295-4321. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, will be furnished to all known prospective Respondents prior to the established Response opening date. Each Respondent shall acknowledge receipt of such addenda in their Response. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by such addenda, whether or not received by him. It is the responsibility of each Respondent to verify that he has received all addenda issued before responses are opened. 1.06 GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. Knowledge of occupational license requirements and obtaining such licenses for Monroe County and municipalities within Monroe County are the responsibility of the Respondent. 1.07 PREPARATION OF RESPONSES Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as ", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the -5- RFQ for Engineering Design for Card Sound Bridge Repair Project Response must be submitted. The Respondent shall state in the response the name and address of each person having an interest in the submitting entity. 1.08 SUBMISSION OF RESPONSES A. Two signed originals and three copies of each response shall be submitted. B. The response shall be submitted in a sealed envelope clearly marked on the outside, with the Respondents name and "Statement of Qualifications — Engineering Design and Permitting for the Card Sound Bridge Repair Project", addressed to the entity and address stated in the Notice of Request for Qualifications, on or before 3:00 P.M. local time on , 2012. If sent by mail or by courier, the above -mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Qualifications. Faxed or e-mailed statements of qualifications shall be automatically rejected. Responses will be received until the date and hour stated in the Notice of Request for Qualifications. C. Each Respondent shall submit with his Response the required evidence of his qualifications and experience. 1.09 CONTENT OF SUBMISSION The proposal submitted in response to this RFQ shall be printed on 8-1/2" x 11" white paper and bound; it shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Responses shall be organized as indicated below. The Respondent should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Respondent must submit adequate documentation to certify the Respondent's compliance with the County's requirements. Respondents should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the Respondent's overall evaluation. The following information, at a minimum, shall be included in the Submittal: A. Cover Page A cover page that states "Statement of Qualifications for Engineering Design and Permitting Services for the Card Sound Bridge Repair Project" The cover page should contain Respondent's name, address, telephone number and the name of the Respondent's contact person. B. Tabbed Sections Tab 1. Executive Summary The Respondent shall provide a history of the firm or organization, and particularly include projects that are similar in nature to the services requested in the RFQ. The Respondent shall provide a narrative of the firm's qualities and capabilities that demonstrate how the firm will work with the County to fulfill the requirements of the scope of work. -6- RFQ for Engineering Design for Card Sound Bridge Repair Project Tab 2. Relevant Experience The Respondent shall provide a project history of the firm or organization demonstrating experience with projects that are similar in scope and size to the proposed Project, including projects in Monroe County and projects of a similar nature with FDOT. The Respondent shall clearly indicate experience on other LAP projects and/or federally funded projects and describe experience complying with Federal Highway Administration (FHWA) and FDOT LAP requirements. Tab 3. References and Past Performance on Similar Projects Each Respondent shall provide a list of past projects that are the same or similar to the scope of the proposed project. The list should include the information below: Name and full address of referenced project and organization Name and telephone number of Contact person for contract Telephone number(s) Date of initiation and completion of contract for referenced project Brief summary of the project and services including a comparison to services sought by this RFQ. The Respondent shall provide at least two written references from a Florida local government or other governmental entity for which the Respondent has provided the same or similar services during the past three years. Each reference shall include, at a minimum, the information listed above. Tab 4. Project Approach and Management The Respondent shall describe the approach and methodology he will take to accomplish the necessary activities. The project approach should reflect a clear understanding of project needs. The Respondent shall include a project schedule indicating the amount of time anticipated to complete the scope of services upon issuance of the Notice to Proceed by the County. Tab 5. Staffing for this Project & Qualifications of Key Personnel The Respondent shall describe the composition and structure of the firm (sole proprietorship, corporation, partnership, joint venture) and include names of persons with an interest in the firm. The Respondent shall include a list of the proposed staff that will perform the work required if awarded this contract. An organizational chart should be included in this section. The Respondent shall also include a resume for each member of the project team identifying his/her role on the team and any qualifications relevant to the assigned position. Include in this section the location of the main office and the location of the office proposed to work on this project. The Respondent will provide documentation that they have been pre -qualified by FDOT in the category of 4.1.2 Minor Bridge Repair. Tab 6. Financial Information and Litigation The Respondent will provide the following information era RFQ for Engineering Design for Card Sound Bridge Repair Project (1) A list of the person's or entity's shareholders with five percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of owner(s); (2) A list of the officers and directors of the entity; (3) The number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects); (4) The number of years the person or entity has operated under its present name and any prior names; (5) A print out of the "Detail by Entity Name" screen from the Respondent's listing in www.sunbiz.org; (6) A copy of the Respondent's Annual Report that is submitted to the Florida Secretary of State; (7) Answers to the following questions regarding claims and suits: a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? If yes, provide details; b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? If yes, provide details; C. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? If yes, provide details; d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? If yes, provide details; e. Whether, within the last five years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; (8). Customer references (minimum of three), including name, current address and current telephone number; (9). Credit references (minimum of three), including name, current address and current telephone number; (10). Financial statements for the prior three years for the responding entity or for any entity that is a subsidiary to the responding entity; and (11). Any financial information requested by the county department involved in the competitive solicitation, related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract time constraints, or other information the department deems necessary to enable the department and board of county commissioners to determine if the person responding is responsible. -9- RFQ for Engineering Design for Card Sound Bridge Repair Project Tab 7. County Forms Respondent shall complete and execute the forms specified below and found at the designated pages in this RF , and shall include them in the section tabbed seven: Form Page Response Form 34 Lobbying and Conflict of Interest Clause 35 Non -Collusion Affidavit 36 Drug Free Workplace Form 37 Respondent's Insurance and Indemnification Statement 39 Insurance Agent's Statement 39 Copies of all professional and occupational licenses shall be included in this section. 1.10 MODIFICATION OF RESPONSES Written modification will be accepted from Respondents if addressed to the entity and address indicated in the Notice of Request for Qualifications and received prior to Proposal due date and time. Modifications must be submitted in a sealed envelope clearly marked on the outside, with the Respondents name and "Modification to Statement of Qualifications for Engineering Design and Permitting Services for the Card Sound Bridge Repair Project". If sent by mail or by courier, the above -mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals. Faxed or e-mailed modifications shall be automatically rejected. 1.11 RESPONSIBILITY FOR RESPONSE The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 1.12 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened. Respondents names shall be read aloud at the appointed time and place stated in the Notice of Request for Qualifications. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Respondents or their authorized agents are invited to be present. 1.13 DETERMINATION OF SUCCESSFUL RESPONDENT Following the receipt of responses, the selection committee will meet in a publicly noticed meeting and evaluate the responses based on the criteria and point total below. The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses that contain modifications, are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the Instruction to Respondent and the contract documents, may be rejected at the option of the County. RFQ for Engineering Design for Card Sound Bridge Repair Project Each TAB section will be given points used to score and evaluate firms and individuals. The point structure is as follows: CRITERIA TAB 1 TAB 2 TAB 3 TAB 4 TAB 5 TAB 6 TAB 7 TOTAL 1.14 AWARD OF CONTRACT MAXIMUM POINTS 10 20 15 25 15 15 00 100 A. The County reserves the right to award separate contracts for portions of the work, waive any irregularity in any response, or to re -advertise for all or part of the work contemplated B. The County also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time, or who, after investigation of references or other criteria, does not meet County standards. C. The recommendation of the committee and the responses of three or more Respondents may be presented to the Board of County Commissioners of Monroe County, Florida, for final selection. Negotiations will be undertaken with the Respondents as ranked. 1.15 EXECUTION OF CONTRACT The Respondent with whom a contract is negotiated shall be required to return to the County four executed counterparts of the prescribed contract together with the required certificates of insurance. 1.16 CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS The Respondent shall be responsible for all necessary insurance coverage as indicated below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract, with Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not received within the fifteen (15) day period, the contract may be awarded to the next selected Respondent/Proposer. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or better. Worker's Compensation Statutory Limits -10- RFQ for Engineering Design for Card Sound Bridge Repair Project Employers' Liability Insurance General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability (Owned, non -owned and hired vehicles) Professional Liability $1,000,000 Accident $1,000,000 Disease, policy limits $1,000,000 Disease each employee $1,000,000 Combined Single Limit $1,000,000 per Occurrence $1,000,000 Combined Single Limit $1,000,000 per Occurrence $2,000,000 Aggregate Monroe County shall be named as an Additional Insured on the General Liability and Vehicle Liability policies. 1.17 INDEMNIFICATION The Respondent covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Respondent or any of its Subconsultant(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Respondent, its Subconsultant(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Respondent's failure to purchase or maintain the required insurance, the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity caused by the Respondent, the Respondent agrees and warrants that the Respondent shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Respondent is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the contract. REMAINDER OF PAGE LEFT BLANK Boo RFQ for Engineering Design for Card Sound Bridge Repair Project Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Respondent: Contract for: Address of Respondent: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Respondent: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: Respondent SIGNATURE -12- RFQ for Engineering Design for Card Sound Bridge Repair Project SECTION TWO: SCOPE OF WORK The scope of services for the No Name Key Bridge Repair Project will include completion of design for constriction, completion and submission of all required permit applications and support during the bid and constriction phases of the project. The Project is being administered through the Florida Department of Transportation (FDOT) Local Agency Program (LAP); all work will be conducted in accordance with current LAP, FDOT, State and Federal requirements. The Design for Constriction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for constriction. The Design for Constriction shall be accurate, coordinated and in all respects adequate for constriction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the County. 1.0 DESIGN DEVELOPMENT The Engineer shall review the FDOT bridge inspection reports, physically perform an inspection of the bridge, prioritize the bridge deficiencies and make recommendations as to the necessary repairs. The Engineer shall address all items in the inspection reports and identified during physical inspection. The Engineer shall prepare a Design Development Letter Report for the County's approval. The Design Development Report shall consist of a written document that establishes and describes the size and character of the proposed Repair Project as to engineering and structural systems, materials and such other elements as may be appropriate. The report will include a preliminary cost estimate for constriction and a project schedule. 2.0 CONSTRUCTION DOCUMENTS PHASE 2.1 The Consultant shall prepare, for review by the County and FDOT, Constriction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the constriction of the project. Constriction documents shall conform to Florida Department of Transportation standards, and all Federal, State and local laws and guidelines, including but not limited to the standards contained in the following: 1. Florida Department of Transportation RoadN-,-av Plans Preparation Manuals httl)://www.dot.state.fl.us/rddesi(n/PPMManual/PPM.shtm 2. Florida Department of Transportation Design Standards http://www.dot.state.fl.us/rddesi(,,,n/DesianStandards/Standards shtm 3. Florida Department of Transportation SutiTeving Procedure http://www2.dot.state.fl.us/l)roceduraldocuments/procedures/bin/550030101.I)df 4. Florida Department of Transportation Drainage Manual httl)://«-i«v.dot.state.fl.us/rddesi,n/dr/files/20OSDraina(eManual.1)df -13- RFQ for Engineering Design for Card Sound Bridge Repair Project 5. Florida Department of Transportation Soils and Foundations Handbook http://«-i«v.dot.state.fl.us/structures/Manuals/SFH.I)df 6. Florida Department of Transportation Structures Manual (625-020-018) including Temporaiv Design Bulletins http: //«-i«v.dot. state. fl.us/structures/StructuresManual/CurrentRelease/STRManual.htm 7. MUTCD http: //mutcd.fhwa. dot. ,.,ov/ 8. American Disabilities Act http://«-i«v2.dot.state.fl.us/i)roceduraldocuments/procedures/bin/625020015.I)df 9. Florida Department of Transportation Pavement Coring and Evaluation Procedure http://«-i«v.dot.state.fl.us/statematerialsoffice/administration/resources/librai-N-/ ublications/ materialsmanual/documents/v 1-section32-clean.pdf 10. Florida Department of Transportation Flexible Pavement Design Manual http: //«-i«v.dot. state. fl.us/pavementmana(ement/PUBLICATIONS. shtm 11. Florida Department of Transportation Rigid Pavement Design Manual http: //«-i«v. dot. state.fl.us/l)avementmana(,Yement/pcs/Pi(,,idPavementManuaIJanuai-v 12009.p df 12. Federal Highway Administration Checklist and Guidelines for Review of Geotechnical Reports and Preliminary- Plans and Specifications http: //«-i«v.fhwa.dot. (ov/enaineerina/(eotech/l)ubsh-eN-iewauide/checklist. cfin 13. Florida Department of Transportation Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways http://www.dot.state.fl.us/rddesian/FloridaGreenbook/�007/2007F1oridaGreenbook pdf 14. Florida Statutes http://www.le(.state.fl.us/Statutes/index.cfin?Mode=View' )20Statutes&-Submenu=l&Tab=s tatutes&CFID=14677574&CFTOKEN=80981948 15. Florida's Bicycle Facilities Planning and Design Handbook. http://«i iv. dot. state.fl.us/safetv/ped_bike/ped_bike_ standard s.htm4Florida°o20Bike°o20Ha ndbook 16. AASHTO Guide for the Development of Bicycle Facilities http://«-i«v.sccitc.ora/bikes/AASHTO_1999_BikeBookpdf 17. Florida's Quality/Level of Service Handbook for Planning http://«-i«v.dot.state.fl.us/l)lannin(/systems/sm/los/los sw2.htm 18. A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO Green Book) (GDHS-5 AASHTO Bookstore). 19. The Highway Capacity Manual (Transportation Research Board) http://(ulliver.trb.or(/bookstore/ (TRB Bookstore `HCM2KE). SEE RFQ for Engineering Design for Card Sound Bridge Repair Project 20. FDOT Standard Specifications for Road and Bridge Construction (vdth supplemental specifications). httl)://«-i«v.dot.state.fl.us/Sl)ecificationsoffice/2007BK/TOC.htm 21. Facilities Design Manual (Topic No. 625-020-016-a) http: //«-i«v.dot. state. fl.us/structures/Manuals/2002fdotfacilitiesmanual. J)df 22. AASHTO LRFD Bridge Design Specifications (Mandator- beginning 2007) (AASHTO Bookstore `4-LRFDUS-4') 23. Right of Way Mapping Procedure (Topic No. 550-030-015-e) http:flwww.dot.state.fl.us/survevingand mapping/RWMapplingHandbook. pdf 24. Project Development and Environmental Manual Par 1 and 2 (Topic No. 650-000-001). http: //www.dot. state. fl.us/emo/pbs/l)deman.htm Where conditions require deviating from FDOT standards the Consultant will apply for and obtain all required variances or exceptions prior to proceeding. 2.2. The Consultant shall provide Design Calculations, Drawings and applicable Technical Special Provisions, an updated cost estimate and constriction schedule for the County's and FDOT's review at the 60%, 90%, and 100% design phases. The 100% submittal will include all specfiiations. The project schedule will allow a minimum of two weeks for each FDOT phase review. The Consultant will incorporate and/or address all comments from the County and FDOT. 2.3 Upon completion of the Constriction Documents Phase, the Consultant shall provide Constriction Documents and a copy of design calculations. The Consultant shall provide the County up to 5 sets of Constriction Documents that have been signed and sealed by the Engineer. The Consultant shall also provide an electronic version of the constriction documents. 2.4 The Consultant shall provide a list of bid items, estimated quantities and constriction duration to assist The County in preparing all bid documents. The bid items and quantities will be in electronic format for incorporation into bid documents. 2.5 The Consultant's constriction documents (plans, specifications, etc.) will conform to all codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to be acceptable for review and riling by said agencies when permits are applied for. The Consultant shall use due care in determining permit requirements and shall meet with regulatory agencies as necessary to coordinate specific permit requirements. The Consultant shall document all meetings and conversations with said regulatory agencies. If permits are denied for incompleteness or for lack of following said codes or regulations, or permit requirements, then the Consultant will conform the constriction documents in such manner to receive permits upon such plans. Work required by the Consultant to conform documents to federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no charge or cost to the County, unless said requirements are changed during the course of the project. 2.6 The Consultant shall file (through the County) all documents required for the approval of governmental authorities having jurisdiction over the project. The Consultant shall file (through the County) the necessary documents to obtain environmental resources permits, and all other permits -15- RFQ for Engineering Design for Card Sound Bridge Repair Project required for constriction. The County shall be responsible for the timely submittal of all permit application fees. 2.7 As needed by the County, the Consultant will provide clarification and answers to questions from prospective bidders during the constriction bid process. Answers will be provided in a timely manner in order to facilitate bidding. 3.0 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS To satisfactorily perform the Constriction Documents phase requirement, the Consultant must complete the tasks set forth in items 3.1 through 3.5. 3.1 Construction Plans — This consists of, at a minimum, Key Sheet, Summary of Pay Items and Quantities, Project Layout, Plan and Profile sheets including locations of existing utilities, Typical Sections, Detail sheets, General Notes, Traffic Control Plan. Constriction plans shall be in accordance with FDOT Plans Preparation Manual. 3.2 Specifications — For general specifications, FDOT Specifications will be incorporated. Comprehensive, abbreviated methods, materials and systems descriptions in tune with the drawings will be developed as necessary with Technical Special Provisions. 3.3 Schedules — Prepare an estimate of the Constriction Time. 3.4 Estimate of Construction Cost — Estimate of anticipated cost in accordance with the Constriction Documents. 3.5 Design calculations - Design calculations and documentation will be submitted with each phase submittal. 4.0 CONSTRUCTION PHASE 4.1 The Engineer shall attend the pre -constriction meeting. 4.2 The Consultant shall review and approve or take other appropriate action upon Contractor's Shop Drawings submittals for prefabricated elements to be placed permanently in the stricture but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Consultant's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in constriction by the County's own forces, while allowing sufficient time in the Consultant's professional judgment to permit adequate review. In general, said review and action shall be completed in 10 working days from receipt of a shop drawing submittal, excluding resubmittals. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Consultant's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Consultant, of constriction means, methods, techniques, sequences, or procedures. -1f- RFQ for Engineering Design for Card Sound Bridge Repair Project 4.3 The Consultant shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Consultant or its consultants or both. 4.4 The Consultant must reimburse the County for any added costs paid by the County during constriction that were incurred as the result of any error, omission, deficiency, or conflict in the work product of the Consultant, its consultants, or both. This added expense is defined as the difference in cost from that which the County would have paid if the work was included in the bid, and the actual cost presented by the Contractor. The Consultant shall not be held responsible for additional deficiencies found due to a delay in the constriction of the project or for those hidden deficiencies that could not reasonably be determined through a review of FDOT Bridge Inspection Reports or physical inspection of a bridge by the Consultant. 4.5 The Consultant shall furnish to the County, upon project completion, the following: • 2 sets of I F X 17" signed and sealed Record Drawings • 2 sets of final documentation including updated design calculations • 1 set of final CADD files on CD The Consultant's Engineer of Record in responsible charge of the project's design shall professionally endorse (signed and sealed and certified) the record prints, the special provisions and all reference and support documents. 4.6 The Consultant will attend the pre -constriction meeting and as needed, attend the periodic constriction progress meetings. 5.0 CONSTRUCTION COST The Consultant shall submit to the County in writing its final estimate of the contractor's anticipated bid price for constricting the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Consultant to reflect any increase or decrease in anticipated price resulting from a change in Design. 5.1 The Constriction Cost shall be the total estimated bid cost to the County of all elements of the Project designed or specified by the Consultant. 5.2 The Constriction Cost shall include the cost at current market rates of labor and materials and Equipment designed, specified, selected or specially provided for by the Consultant, plus a reasonable allowance for Contractor's overhead and profit. 5.3 Constriction cost does not include the compensation of the Consultant and the Consultant's consultants, the costs of land, rights -of -way, financing or other costs which are the responsibility of the County. Siva RFQ for Engineering Design for Card Sound Bridge Repair Project SECTION THREE: DRAFT CONTRACT AGREEMENT FOR ENGINEERING DESIGN AND PERMITTING FOR THE CARD SOUND BRIDGE REPAIR PROJECT This Agreement ("Agreement") made and entered into this day of 20 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 Commissioners ("BOCC"), AND a , whose address is its successors and assigns, hereinafter referred to as "CONSULTANT" WITNESSETH: of the State of WHEREAS, COUNTY desires to employ the professional services of CONSULTANT for engineering design and permitting services for the Card Sound Bridge Repair Project; and WHEREAS, CONSULTANT has agreed to provide professional services which shall include but not be limited to providing engineering design and permitting services for the Card Sound Bridge Project, which services shall collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT'S duties hereunder have been fully satisfied; 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. -18- RFQ for Engineering Design for Card Sound Bridge Repair Project 1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The CONSULTANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The CONSULTANT shall complete the scope of services no later than days from the Notice to Proceed issued by the COUNTY. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONSULTANT'S Scope of Basic Services consist of those described in Attachment A. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REQUIREMENT -19- RFQ for Engineering Design for Card Sound Bridge Repair Project 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: ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work, county maintained roads, maps. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT'S services. -20- RFQ for Engineering Design for Card Sound Bridge Repair Project 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONSULTANT that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONSULTANT the CONSULTANT agrees and warrants that CONSULTANT hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. -21- RFQ for Engineering Design for Card Sound Bridge Repair Project 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced the CONSULTANT shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement the Total Not to Exceed Amount of 7.2 PAYMENTS 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the CONSULTANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity the service rendered. The -22- RFQ for Engineering Design for Card Sound Bridge Repair Project CONSULTANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports; 7.4 BUDGET 7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. -23- RFQ for Engineering Design for Card Sound Bridge Repair Project B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non - owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. -24- RFQ for Engineering Design for Card Sound Bridge Repair Project ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONSULTANT shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONSULTANT. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I -IX), the CONSULTANT'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. -25- RFQ for Engineering Design for Card Sound Bridge Repair Project 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 161" 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 -26- RFQ for Engineering Design for Card Sound Bridge Repair Project be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this -27- RFQ for Engineering Design for Card Sound Bridge Repair Project Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION CONSULTANT and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. -28- RFQ for Engineering Design for Card Sound Bridge Repair Project 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.22 NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. -29- RFQ for Engineering Design for Card Sound Bridge Repair Project 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and 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. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the -30- RFQ for Engineering Design for Card Sound Bridge Repair Project opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.30 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS The following forms and provisions are incorporated in and made a part of this contract. a). FHWA Form 1273 is attached hereto as Attachment A and made a part of this Agreement b). The CONSULTANT and any sub -consultants shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the COUNTY deems appropriate. c). CONSULTANT will comply, and ensure its sub -consultants will comply, with the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions in 49 C.F.R. Part 29, when applicable. d). Equal Employment Opportunity: In connection with the carrying out of any project, the CONSULTANT shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex national origin, disability or marital status. The CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. e). The CONSULTANT and all sub -consultants agree to utilize the U.S Department of Homeland Security's E-verify System to verify the employment eligibility of all new employees hired by the CONSULTANT or sub -consultants during the term of the contract. f). The CONSULTANT will complete and submit the FDOT Anticipated DBE Participation Statement Form No. 275-030-11A to identify DBE participation as outlined in Section XVII part v), Disadvantaged Business Enterprise (DBE) Policy and Obligations, of the Contract for Professional Services. g). The CONSULTANT will adhere to all applicable requirements outlined in the Local Agency Program (LAP) Agreement between FDOT and Monroe County for this project. A copy of the Agreement is included as Attachment B. -31- RFQ for Engineering Design for Card Sound Bridge Repair Project IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest: DANNY L. KOLHAGE, Clerk Bv: Deputy Clerk Date: (Seal) Attest: M BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Bv: Mayor/Chairman CONSULTANT in Title: Title: END OF AGREEMENT -32- RFQ for Engineering Design for Card Sound Bridge Repair Project ATTACHMENT B LAP AGREEMENT _33_ RFQ for Engineering Design for Card Sound Bridge Repair Project SECTION FORM: RESPONSE FORMS RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 1-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) I have included: o The Submission Response Form o Lobbying and Conflict of Interest Clause o Non -Collusion Affidavit o Drug Free Workplace Form o Respondent's Insurance and Indemnification Statement o Insurance Agent's Statement In addition, I have included a current copy of the following professional and occupational licenses: (Check mark items above, as a reminder that they are included.) Mailing Address: Signed: (Name) (Title) Witness: Telephone: Fax: Date: (Seal) -34- RFQ for Engineering Design for Card Sound Bridge Repair Project ETHICS CLAUSE LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by known to me or has produced identification. (type of identification) (name of affiant). He/She is personally NOTARY PUBLIC My commission expires: as -35- RFQ for Engineering Design for Card Sound Bridge Repair Project NON -COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am of the firm of the bidder making the Proposal for the project described in the Request for Qualifications for: and that I executed the said proposal with full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of Respondent) (Date) STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of 20 NOTARY PUBLIC My Commission Expires: -36- RFQ for Engineering Design for Card Sound Bridge Repair Project DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Respondent's Signature Date NOTARY PUBLIC My Commission Expires: -37- RFQ for Engineering Design for Card Sound Bridge Repair Project Respondent's Insurance and Indemnification Statement Insurance Requirement Worker's Compensation Employer's Liability General Liability Required Limits Statutory Limits $1000, 000/$1, 000, 000/$1, 000, 000 $1,000,000 Combined Single Limit Vehicle Liability $1,000,000 Combined Single Limit per Occurrence/$1,000,000 Aggregate Professional Liability $1,000,000 per occurrence $2,000,000 aggregate IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Signature -38- RFQ for Engineering Design for Card Sound Bridge Repair Project INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY Liability policies are Occurrence Insurance Agency DEDUCTIBLES Signature Print Name: Claims Made _39_