Item D33
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 12/20/2006
Division: Engineering
Bulk Item: Yes
No
Department:
Staff Contact PersonIPhone: David S. KoppeL P.E.
AGENDA ITEM WORDING: Approval to award Parsons Brinckerhoff Construction Services,
Inc. contract to provide Construction Engineering and Inspection, (CEl), services for the Card
Sound Road Bridges Rehabilitation Project.
ITEM BACKGROUND: Request for Professional Qualifications for the Card Sound Road Bridges
Rehabilitation project was opened on October 5, 2005. Parsons Brinckerhoff Construction Services,
Inc. was the only responder. A selection committee reviewed their qualifications and found them to be
competent. On November 21, 2006 Parsons Brinkerhoff Construction services, Inc. provided cost
estimate of $385,224.48 to provide eEl services for the Card Sound Road Bridges Rehabilitation
project
PREVIOUS RELEVANT BOCC ACTION: The project was approved as part of the County's Seven
Year Plan
CONTRACT/AGREEMENT CHANGES: New Contract.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $385,224.48
BUDGETED: Yes --L No
COST TO COUNTY: $385,224.48
SOURCE OF FUNDS:
401-22505-560630
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty. _ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included
Not Required
DISPOSITION:
AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Parsons Brinckerhoff Contract #_
Effective Date:
Expiration Date:
Contract Purpose/Description:
Contract for Construction Engineering Inspection, CEI, services for Card Sound Road
Bridges rehabilitation.
Contract Manager: David Koppel 4427 Engineering/# 1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on December Agenda Deadline: December 5,2006
20,2006
CONTRACT COSTS
Total Dollar Value of Contract: $ 385,224.48 Current Year Portion: $ $220,128.27
Budgeted? Yes[2J No D Account Codes: 401-22505-560630-__
Grant: $ _-_-_-_-_
County Match: $ _-__-__
- --
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Risk Managetllent
pjl.t. _ NA r\ 't
11--? -(/'I \:J
O.M.B./Purchasing
Changes
Date In Needed
Division Director YesD NoD
~ YesD Nog -ID.SJJJJ.Q.t{ ~
12.-~--O(PYesDNo[J2( .-:...J~ ~
YesD NoG" ----~U\/1~.' v~ --e~ ^7
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Date Out
Reviewer
County Attorney
-r: 0(,
Comments:
, -, ./1
OMB Form Revised 2/27/01 Mep #2
Engineering Division
MEMORANDUM
To:
Dave Koppel, County Engineer
From:
Albert Edwards, Sr. Project Manager
Date:
11/29/2006
Re:
Construction Engineer Inspection, CEI.
AGENDA ITEM WORDING: Approval to award contract to Parsons Brinckerhoff Construction
Services, Inc. for CEI services for Card Sound Road Bridges Rehabilitation project.
ITEM BACKGROUND: Request for Professional Qualifications for the Card Sound Road
Bridges Rehabilitation project was opened on October 5, 2005. Parsons Brinckerhoff
Construction Services, Inc. was the only responder. A selection committee reviewed their
qualifications and found them to be competent. On November 21, 2006 Parsons Brinkerhoff
Construction services, Inc. provided cost estimate of $385,224.48 to provide CEI services for the
Card Sound Road Bridges Rehabilitation project.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACTI AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval as stated.
Card Sound Road Bridges Rehabilitation
Standard Form of Agreement
Between Owner and Construction Engineer and
Inspection Consultant
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the Twentieth day of December in the year of TWO THOUSAND AND SIX.
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners, ("BOCC")
1100 Simonton Street
Key West, Florida 33040
And the Consultant:
(Name and address)
Parsons Brinckerhoff Construction Services, Inc.
Suite 203
Tampa, FL. 33607
For the following:
Construction Engineering and Inspection (CEI)
For
Card Sound Road Bridges Rehabilitation,
Monroe County, Florida
Oversight for Owner:
Monroe County Engineer, David S. Koppel, P .E.
Monroe County Engineering Division
1100 Simonton Street
Second Floor-Room 2-216
Key West, Florida 33040
There is no "Construction Manager" or "Architect", any reference to these terms in this document or in any
document pertinent to this project means "Owner". Consultant shall be dealing directly with County through
its County Engineer and Engineering Division or his Designee.
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT 00500-1
Card Sound Road Bridges Rehabilitation
The County and Consultant agree as set forth below.
1.0 PURPOSE:
This scope of services describes and defines the services, which are required for construction
engineering and inspection (CEl), materials sampling and testing, and contract administration for the
construction project listed below.
2.0 SCOPE:
The Consultant shall be responsible for providing services as defined in this Scope of Services, the
referenced Department manuals and procedures.
Services are required for the following project:
CARD SOUND ROAD BRIDGES Rehabilitation Project
Description; Bridge rehabilitation on five (5) bridges located on Card Sound Road, Monroe
County, Florida.
The Consultant shall exercise their independent professional judgment in performing their obligations
and responsibilities under this Agreement. Pursuant to Section 4.1.4 of the Florida Department of
Transportation's, Construction Project Administration Manual (CPAM), the authority of the
Consultant's lead person, such as the Senior Project Engineer, shall be identical to the Department's
Resident Engineer and shall be interpreted as such.
Services provided by the Consultant shall comply with Department manuals, procedures, and
memorandums in effect as of the date of execution of the Agreement unless otherwise directed in
writing by the County.
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.
3.0 LENGTH OF SERVICE:
The Consultant services for the Construction Contract shall begin upon written notification to proceed
by County.
The Consultant Senior Project Engineer will track the execution of the Construction Contract such
that the Consultant is given timely authorization to begin work. While no 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.
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-2
Card Sound Road Bridges Rehabilitation
The anticipated letting schedule and construction time for the project is tabulated below:
Construction Contract Estimate
Financial
Project ill
40122505530310
Bid Date
(Mo/DaylYr)
11/09/06
Start Date
(Mo/DaylYr)
TBD*
Duration
(Days)
540
*includes 120 projects days material acquisition
4.0 DEFINITIONS:
A. Resident Engineer: The Engineer assigned to a particular Project or area to administer
Construction Contracts for the County.
B. Construction Proiect 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 to the
performance of the work, furnishing of services, and the basis of payment.
F. Consultant Senior Proiect 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. Contractor: The individual, firm, or company contracting with the County for performance of
work or furnishing of materials.
H. 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.
I. CP AM: Florida Department of Transportation, Construction Project Administration manual;
latest.
J. Department: Florida Department of Transportation
K. F.D.O.T.: Florida Department of Transportation.
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULT ANT
00500-3
Card Sound Road Bridges Rehabilitation
L. County: Monroe County Board of County Commissioners.
5.0 ITEMS TO BE FURNISHED BY THE COUNTY TO CONSULTANT:
A. The County, on as needed basis, will furnish the following Construction Contract documents
for each project. These documents may be provided in either paper or electronic format.
1 Construction Plans,
2 Special Provisions such as project manual addenda, and
3 Copy of the Executed Construction Contract.
6.0 ITEMS FURNISHED BY THE CONSULTANT:
6.1 County Documents:
All applicable documents referenced herein shall be a condition of this Agreement.
6.2 Office Automation:
The Consultant shall provide and have available for their use a computer, modem, printer,
and appropriate software.
All computer equipment shall havelbe at a minimum a Pentium 1 GB, PCI Bus, 256MB,
512kb cache, 20GB hard drive, 1.44 Floppy drive, 16MB video ram, mouse, 16/40x
CD/DVD Drive, 10/100/1000 Ethernet NIC, 17" monitor with.28 pitch, and keyboard. The
consultant shall provide a flatbed color scanner.
The Consultant will also be required to obtain monthly Internet access and maintain an e-
mail address for the project.
The Consultant shall use Microsoft Word 2003, Microsoft Excel 2003, and Adobe Acrobat
7.0 or latest version available software.
The Consultant will furnish computer services/software needed for project scheduling,
documentation, and control (Primavera/Suretrak, Claim Digger, etc.).
All computer coding shall be input by Consultant personnel using equipment furnished by
them.
Ownership and possession of computer equipment and related software, which is provided
by the Consultant, shall remain at all times with the Consultant. The Consultant shall retain
responsibility for risk of loss or damage to said equipment during performance of this
Agreement. Field office equipment should be maintained and operational at all times.
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STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-4
Card Sound Road Bridges Rehabilitation
6.3 Field Office:
Shall be provided for the Consultant's use.
6.4 Vehicles:
Vehicles will be equipped with appropriate safety equipment and must be able to effectively
carry out requirements of this Agreement. Vehicles shall have the name and phone number
of the consulting firm visibly displayed on both sides of the vehicle.
6.5 Field Eauipment:
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.
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.
6.6 Licensin2: for Eauipment Operations:
The Consultant will be responsible for obtaining proper licenses for equipment and
pers01ll1el operating equipment when licenses are required. The Consultant shall make the
license and supporting documents available to the County, for verification, upon request.
7.0 LIAISON:
The Consultant shall keep the Construction Project Manager informed of all significant activities,
decisions, correspondence, reports, and other communications related to its responsibilities under this
agreement, and seek input from the Construction Project Manager in order for the Construction
Project Manager to oversee the Consultant's performance. Agreement administrative duties relating to
Invoice Approval Requests, Personnel Approval Requests, User ill Requests, Time Extension
Requests, and Amendment and Supplemental Amendment Requests shall be reviewed and approved
by the Construction Project Manager.
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STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-5
Card Sound Road Bridges Rehabilitation
8.0 PERFORMANCE OF THE CONSULTANT:
During the term of this Agreement and all supplements thereof, the County will review various phases
of Consultant operations, such as construction inspection, materials sampling and testing, and
administrative activities, to determine compliance with this Agreement. The Consultant shall
cooperate and assist County representatives in conducting the reviews. If deficiencies are indicated,
the Consultant shall implement remedial action immediately upon the approval of the Construction
Project Manager. County recommendations and Consultant responses/actions are to be properly
documented by the Senior Project Engineer. No additional compensation shall be allowed for
remedial action taken by the Consultant to correct deficiencies. Remedial actions and required
response times may include but are not necessarily limited to the following:
A. Further subdivide assigned inspection responsibilities, reassign inspection personnel, or
assign additional inspection personnel, within one week of notification.
B. Replace personnel whose performance has been determined by the County to be inadequate.
Personnel whose performance has been determined to be unsatisfactory shall be removed
immediately.
C. Immediately increase the frequency of monitoring and inspection activities in phases of work
that are the Consultant's responsibility.
D. Increase the scope and frequency oftraining of the Consultant personnel.
9.0 REQUIREMENTS:
9.1 General:
It shall be the responsibility of the Consultant to administer, monitor, and inspect the
Construction Contract such that the project is constructed in reasonable conformity with the
plans, specifications, and special provisions for the Construction Contract.
The Consultant shall observe the Contractor's work to determine the progress and quality of
work, identify discrepancies, report significant discrepancies to the County, and direct the
Contractor to correct such observed discrepancies.
The Consultant is hereby designated by the County to negotiate Supplemental Agreements.
However, the Consultant must seek input from the Construction Project Manager. The
Consultant shall prepare the Supplemental Agreement as a recommendation to the County,
which the County may accept, modify or reject upon review. The Consultant shall consult
with the Construction Project Manager, as it deems necessary and shall direct all issues,
which exceed its delegated authority to the Construction Project Manager for County action
or direction.
The Consultant shall advise the Construction Project Manager of any significant omissions,
substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective
action that has been directed to be performed by the Contractor. Work provided by the
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STANDARD AGREEMENT BETWEEN COUNTY AND CONSULT ANT
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Card Sound Road Bridges Rehabilitation
Consultant shall not relieve the Contractor of responsibility for the satisfactory performance
of the Construction Contract.
9.2 Survey Control:
The Consultant shall check or establish the survey control baseline(s) along with sufficient
baseline control points and bench marks at appropriate intervals along the project in order to:
(1) make and record such measurements as are necessary to calculate and document
quantities for pay items; (2) make and record pre-construction and final cross section surveys
of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil
excavation, etc.) is part of the construction project; and (3) perform incidental engineering
surveys. The Senior Project Engineer will establish the specific survey requirements for the
project prior to construction.
Any questions or requests for "Waiver of Survey" should be directed to the Senior Project
Engineer.
9.3 On-site Inspection:
The Consultant shall monitor the Contractor's on-site construction activities and inspect
materials entering into the work in accordance with the plans, specifications, and special
provisions for the Construction Contract to detcnnine that the project is constructed in
reasonable confonnity 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.
Consultant shall be responsible for monitoring and inspection of Contractor's Work Zone
traffic control plan and review of modifications to the Work Zone Traffic 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.
9.4 Samplin2 and Testin2:
The Consultant shall perform sampling and testing of component materials and completed
work in accordance with the Construction Contract documents. The minimum sampling
frequencies set out in the Department's Materials Sampling, Testing and Reporting Guide
shall be met. In complying with the aforementioned guide, the Consultant shall provide daily
surveillance of the Contractor's Quality Control activities at the project site and perform the
sampling and testing of materials and completed work items that are normally done in the
vicinity of the project for verification and acceptance.
The Consultant shall be specifically responsible for job control samples determining the
acceptability of all materials and completed work items on the basis of either test results or
verification of a certification, certified mill analysis, DOT label, DOT stamp, etc.
11/14/06
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Card Sound Road Bridges Rehabilitation
The County will monitor the effectiveness of the Consultant's testing procedures through
surveillance and obtaining and testing independent assurance samples.
Sampling, testing and laboratory methods shall be as required by the Department's Standard
Specifications, Supplemental Specifications or as modified by the special provisions of the
Construction Contract.
Documentation reports on sampling and testing shall be submitted to responsible parties
during the same week that the construction work is done.
9.5 En2ineerill!! Services:
The Consultant shall coordinate the Construction Contract administration activities of all
parties other than the Contractor involved in completing the construction project.
Notwithstanding the above, the Consultant is not liable to the County for failure of such
parties to follow written direction issued by the Consultant.
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-
service conference for the project in accordance with County procedure. The
Consultant shall provide appropriate staff to attend and participate in the pre-service
meeting.
The Consultant shall record a complete and concise record of the proceedings of the
pre-service meeting and distribute copies of this summary to the participants and
other interested parties within seven (7) days. The Consultant shall submit Action
Request packages for Personnel Approval for immediate staff needs and a
copy/computer file of the final negotiated staffing to the Construction Project
Manager, either at this meeting or within seven (7) days.
(2) Schedule and attend, within ten (10) days after the Notice to Proceed, a Final
Estimate informational meeting with the County Engineering Staff. The Consultant
shall provide appropriate staff to attend and participate in this meeting.
(3) Verify that the Contractor is conducting inspections, preparing reports and monitoring
all storm water pollution prevention measures associated with the project.
(4) Analyze problems that arise on a project and proposals submitted by the Contractor,
endeavor to resolve such issues, and process the necessary paperwork.
(5) 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.
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STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-8
Card Sound Road Bridges Rehabilitation
(6) Prepare and make presentation before the Dispute Review Boards in connection with
the project covered by this Agreement.
(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, in a format to be provided by the County.
(9) Schedule and conduct a meeting with the County Engineering Office at least 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
(t). Unusual construction techniques
(g). Damaged equipment or materials
(h). Any activity, which may result in claims
These photographs will be filed and maintained on the Consultant's
computer using the LYNX Digital Photo Management system or equivalent. 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.
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STANDARD AGREEMENT BETWEEN COUNTY AND CONSULT ANT
00500-9
Card Sound Road Bridges Rehabilitation
10.0 PERSONNEL:
10.1 General Requirements:
The Consultant shall staff the proj ect with the qualified personnel necessary to efficiently and
effectively carry out its responsibilities under this Agreement.
Unless otherwise agreed by the County, the County will not compensate straight overtime or
premium overtime for the positions of Senior Project Engineer.
10.2 Personnel Qualifications:
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 teclmical 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
CP AM and must possess all the necessary qualifications/certifications for obtaining the duties
of the position they hold. Cross training of the Consultant's project staff is highly
recommended to ensure a knowledgeable and versatile project inspection team but shall not
be at any additional cost to the County and should occur as workload permits. Visit the
training page on the State Construction Office website for training dates.
Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to
these minimum qualifications will be considered on an individual basis. The County Engineer
or designee will have the final approval authority.
CEI SENIOR PROJECT ENGINEER - A Civil Engineer degree and be registered in the
State of Florida as a Professional Engineer (or if registered in another state, the ability to
obtain registration in the State of Florida within six months) and six (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:
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Card Sound Road Bridges Rehabilitation
Qualification:
FDOT Advanced MOT
Pass the CTQP examination covering the training video "Grouting of Bridge Post-tensioning
Tendons" (If applicable)
Attend the CTQP Quality Control Manager course and pass the examination.
Certifications: None
A Master's Degree in Engineering may be substituted for one (1) year engineering experience.
CEI SENIOR INSPECTOR! CEI SENIOR ENGINEER INTERN - High school graduate
or equivalent plus four (4) years of experience in construction inspection, two (2) 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 (allbridges) 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)
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 (1) year of road & bridge CEI experience with the
ability to earn additional required qualifications within one year. (Note: Senior Engineer
Intern classification requires one (1) 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.
CEI INSPECTOR! CEI ENGINEER INTERN - High school graduate or equivalent plus
two (2) years experience in construction inspection, one (1) year of which shall have been in
bridge and/or roadway construction inspection, plus the following:
Qualifications: CTQP Concrete Field Inspector Level I CTQP Asphalt Roadway Level I (If
applicable) CTQP Earthwork Construction Inspection Level I CTQP Pile Driving Inspection
(If applicable) CTQP Drilled Shaft Inspection (If applicable) CTQP Final Estimates Level I
11/14/06
STANDARD AGREEMENT BETWEEN COUNTY AND CONSULTANT
00500-11
Card Sound Road Bridges Rehabilitation
Certifications:
Nuclear Radiation Safety
Or a Civil Engineering degree with the ability to earn additional required qualifications within
one year. (Note: Engineer Intern classification requires E.I.T. certificate.)
Responsible for performing assignments in assisting Senior Inspector in the performance of
their duties. Receive general supervision from the Senior Inspector who reviews work while
in progress. Civil Engineering graduates must obtain certifications within the first year of
working as an inspector or Engineer Intern. Exceptions will be permitted on a case-by-case
basis so long as qualifications and certifications are appropriate for specific inspection duties.
10.3 Staffilll!:
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.
11.0 QUALITY ASSURANCE lQA) PROGRAM:
11.1 Quality Reviews:
The Consultant shall conduct semi-annual reviews to make certain his own organization is in
compliance with the requirements cited in the Scope of Services. Quality Reviews shall be
conducted to evaluate the adequacy of materials, processes, documentation, procedures,
training, guidance, and staffing included in the execution of this Agreement. Quality Reviews
shall also be developed and performed to achieve compliance with specific QA provisions
contained in this Agreement. The semi-annual reviews shall be submitted to the Construction
Project Manager in written form no later than one (l) 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 (2) months of the start of construction.
11.2 QA Plan:
Within thirty (30) days after receiving award of an Agreement, the Consultant shall
furnish a QA Plan to the Construction Project Manager. The QA Plan shall detail the
procedures, evaluation criteria, and instructions ofthe Consultant's organization to
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Card Sound Road Bridges Rehabilitation
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:
A. Onmnization:
A description is required of the Consultant QA Organization and its functional
relationship to the part of the organization perfonning the work under the Agreement.
The authority, responsibilities and autonomy of the QA organization shall be detailed
as well as the names and qualifications of personnel in the quality control
organization.
B. Quality Reviews:
The Consultant QA shall detail the methods used to monitor and achieve organization
compliance with Agreement requirements for services and products.
C. Quality Records:
The Consultant will outline the types of records, which will be generated and
maintained during the execution of his QA program.
D. Control of Sub-consultants and Vendors:
The Consultant will detail the methods used to control sub-consultants and vendor
quality.
E. Quality Assurance Certification:
An officer of the Consultant firm shall certify that the inspection and documentation
was done in accordance with FDOT specifications, plans, standard indexes, and
County procedures.
11.3 Ouality Records:
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.
12.0 CERTIFICATION OF FINAL ESTIMATES:
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12.1 Final Estimate and As-Built Plans Submittal:
Prepare documentation and records in compliance with the Agreement; Consultant's approved
QC Plan and the County's Procedures.
Submit the Final Estimate(s) and three (3) sets of final as built plans documenting
Contractor's work (one record set with two copies) as follows:
(a) Within thirty (30) calendar days of final acceptance; or
(b) Where all items of work are complete and conditionaVpartial acceptance is
utilized (Lighting, Plant establishment, etc.) for a period exceeding thirty (30)
calendar days, the final estimate(s) will be due on the thirtieth (30th) day
after conditionaVpartial acceptance. A memorandum with documentation will
be transmitted to the County Engineer 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.
12.2 Certification:
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.
13.0 SUBCONSULTANT SERVICES:
Upon written approval by the Construction Project Manager and the County, and prior to performance
of work, the Consultant may subcontract for engineering surveys, materials testing, or specialized
professional services.
14.0 OTHER SERVICES:
Upon written authorization by the County Engineer 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 III
connection with the Agreement.
C. Provide on- and off-site inspection services III addition to those provided for III this
Agreement.
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15.0 POST CONSTRUCTION CLAIMS REVIEW:
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.
16.0 CONTRADICTIONS:
In the event of a contradiction between the provisions of this Scope of Services and the Consultant's
proposal as made a part of their Agreement, the provisions of the Scope of Services shall apply.
17.0 THIRD PARTY BENEFICIARY:
It is specifically agreed between the parties executing this Agreement that it is not intended by any of
the provisions of any part of the Agreement to create in the public or any member thereof, a third
party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a claim,
cause of action, lien or any other damages or any relief of any kind pursuant to the terms or provisions
of this Agreement.
18.0 COUNTY AUTHORITY:
The County shall be the final authority in considering contract modification of the Contractor for
time, money or any other consideration except matters agreed to by the Contractor through contract
changes negotiated by the Consultant, as authorized in Section 9.1 herein.
19. 0 THE CONTRACT AND CONTRACT DOCUMENTS:
The contract between the County and the Consultant, of which this agreement is a part, consists of the
contract documents.
20.0 THE CONTRACT DOCUMENTS:
The contract documents consist of this contract, the Request for Qualifications, Scope of Work and
any addenda, and any other amendments hereto executed by the parties after the execution of this Agreement.
21.0 ENTIRE AGREEMENT:
This contract constitutes the entire and exclusive agreement between the County and the Consultant
with reference to the Construction Engineering and Inspection. Specifically, but without limitation, this
contract supersedes any bid documents and all prior written or oral communications, representations and
negotiations, if any, between the County and the Consultant.
22.0 NO PRIVITY WITH OTHERS:
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Nothing contained in this contract shall create, or be interpreted to create, privity or any other
contractual agreement between the owner and any person or entity other than the Consultant.
23.0 INTENT AND INTERPRETATION:
This contract is intended to be an integral whole and shall be interpreted as internally consistent.
What is required by anyone contract document shall be considered as required by the contract.
(a) This words "includes," or "including," as used in this contract, shall be deemed to be followed by the
phrase, "without limitation."
(b) The specification herein of any act, failure, refusal, OllliSSlOn, event, occurrence or condition as
constituting a material breach of this contract shall not imply that any other, nonspecific act, failure, refusal,
omission, event, occurrence or condition shall be deemed not to constitute a material breach of this contract.
(c) The words or terms used as nouns in this contract shall be inclusive of their singular and plural forms,
unless the context of their usage clearly requires a contrary meaning.
24.0 TIME:
The contract time is effective for Five Hundred and Forty (540) days.
25.0 THE CONTRACT PRICE AND SCOPE OF SERVICES:
The County shall pay, and the Consultant shall accept, as full and complete payment for all work
required by the County. These amounts, binding upon the parties for Five Hundred and Forty (540) Days,
shall not be modified except by an option to extend this contract, in writing and executed pursuant to BOCC
approval.
The County shall pay the Consultant in current funds for the Consultant's performance of this Agreement
based on time and expense basis at rates negotiated and agreed upon and shown in Attachment A.
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 of Three Hundred and Eighty Five Thousand, Two Hundred and Twenty Four
Dollars and forty eight cents ($385,224.48) for this contract. The stated amount may only be modified by an
affirmative act of the County's Board of County Commissioners.
The Consultant shall receive reimbursable expenses incurred by the Consultant in the interest of the project,
based on expense of transportation submitted by the 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.
The Consultant shall be responsible for providing services as defined in this Scope of Services, the referenced
Department manuals and procedures. The Consultant shall exercise their independent professional judgment
in perfonrung their obligations and responsibilities under this Agreement. Pursuant to Section 4.1.4 of the
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Florida Department of Transportation's, Construction Project Administration Manual (CPAM), and the
authority of the Consultant's lead person, such as the Senior Project Engineer, and the Consultant's Project
Administrator shall be identical to the Department's resident Engineer and Project Administrator respectively
and shall be interpreted as such.
Services provided by the Consultant shall comply with Department manuals, procedures, and memorandums
in effect as of the date of execution of the Agreement unless otherwise directed in writing by the County.
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.
26.0 PAYMENT PROCEDURE:
The County shall pay the fixed contract price to the Consultant pursuant to the Florida Prompt
Payment Act following receipt of invoice. Invoice, shall be submitted to Monroe County at the end of the
month.
27.0 GOVERNING LAW:
This contract is governed by the laws of the State of Florida. Venue for all claims or disputes shall be
in Monroe County, Florida. Mediation shall be conducted in accordance with the rules for the Sixteenth
Judicial Circuit, Monroe County, Florida. This Contract shall not be subject to Arbitration.
28.0 SUCCESSORS AND ASSIGNS:
The County and Consultant bind themselves, their successors, assigns and legal representatives to the
other party hereto and to successors, assigns and legal representatives of such other party in respect to
covenants, agreement and obligations contained in this contract. The Consultant shall not assign this contract
without written consent of the County.
29.0 PUBLIC ENTITY CRIME STATEMENT:
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 a contract to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as
a vendor, supplier, sub vendor, 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 below the Consultant states that he/she complies with this paragraph.
30.0 TRENCH SAFETY:
If applicable to the project, the Consultant shall comply with all relevant provisions of the Trench
Safety Act (Secs. 553.60-553.64, Fla. Stat.).
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31.0 CONTINGENCY:
Monroe County's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Board of County Commissioners.
32.0 HOLD HARMLESS:
The Consultant covenants and agrees to indemnifY and hold hannless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal injury, and
property damage (including property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of services provided by the
Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful
act of omission of the Consultant or its Subcontractors in any tier, their employees, or agents.
In the event that the service 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 or lost revenue resulting from such delay. 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. The
provisions of this section shall survive the expiration or earlier termination of this agreement.
33.0 INDEPENDENT CONTRACTOR:
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.
34.0 ASSURANCE AGAINST DISCRIMINATION:
The Consultant shall not discriminate against any person on the basis of race, creed, color, national
ongm, 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.
35.0 ASSIGNMENT/SUBCONTRACT:
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
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. Unless expressly
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provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the
board in addition to the total agreed-upon price of the services/goods of the Consultant and compensation to
County.
36.0 COMPLIANCE WITH LAW:
In providing all services/goods pursuant to this agreement, the Consultant shall abide by all statutes,
ordinances, rules and regulation 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. The Consultant shall possess
proper licenses to perform work in accordance with these specifications throughout the term of this contract.
37.0 INSURANCE:
Prior to execution of this agreement, and maintained throughout the life of the contract, the
Consultant shall furnish to the County Certificates of Insurance indicating the minimum coverage limitation as
listed below:
A. General Liability - include as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be $500,000. Combined Single Limit
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 should extend for a minimum
of 48 months following the termination or expiration of the contract.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED.
B. Professional Liability - included as a minimum:
The minimum limits acceptable shall be $500,000. per occurrence.
If the policy is a " claims made" policy, Consultant shall maintain coverage or purchase a
"tail" to cover claims made after completion of the proj ect to cover the statutory time limits in
Chapter 95 of the Florida Statues.
c. Vehicle Liability - include as a minimum:
Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be $300,000 Combined Single Limit (CSL)
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If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person; $300,000 per
Occurrence; and $50,000 Property Damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL
INSURED.
D. Workers Compensation -limits sufficient to respond to Florida Statute 440.
In addition, the Consultant shall obtain Employers' Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be provided by a company or companies authorized to transact business in the
State of Florida and the company or companies must maintain a minimum rating of A-VI, as
assigned by the A.M. Best Company.
If the Consultant has been approved by Florida's Department of Labor, as an authorized self-insurer, the
County shall recognize and honor the Consultant's status. The Consultant may be required to submit a Letter
of Authorization issued by the Department of Labor and Certificate of Insurance, providing details on the
Consultant's Excess Insurance Program.
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.
38.0 CONSULTANT'S RESPONSffiILITY:
The Consultant warrants that it is authorized by law to engage in the performance of the activities
encompassed herein, subject to the terms and conditions set forth in these contract documents. Consultant
shall at all times exercise independent judgment and shall assume responsibility for the services to be
provided.
39.0 NOTICE REQUIREMENT:
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following:
David S. Koppel, P.E.
County Engineer
1100 Simonton Street, Suite 216
Key West, FL 33040
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40.0 CANCELLATION:
In the event that the Consultant shall be found to be negligent in any aspect of service, the County
shall have the right to tenninate this agreement after five days written notification to the Consultant.
41.0 GOVERNING LAWS. VENUE. INTERPRETATION. COSTS. 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 the agreement, the County and
Consultant agree that venue shall lie in the appropriate court
or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject
to arbitration. The County and Consultant agree that, in the event of conflicting interpretation of the terms or a
term of this agreement by or between any of them the issue shall be submitted to mediation prior to the
institution of any other administrative or legal proceeding.
42.0 RECORDKEEPING:
Consultant shall maintain all books, records, and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles consistently applied. Each party
to this Agreement or their 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 tennination of this Agreement. If an auditor employed by the County or Clerk
detennines that monies paid to Consultant or not paid to County pursuant to this Agreement were spent for
purposes not authorized by this Agreement or wrongfully retained by Consultant, the Consultant shall repay
the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were
to have been paid.
43.0 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 pennitted by law unless the enforcement of the remaining terms,
covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The County and Consultant agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken provision.
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44.0 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, court costs,
investigative, and out-of-pocket expenses in appellate proceedings. 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.
45.0 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.
46.0 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 or individual action, as required
by law.
47.0 CLAIMS FOR FEDERAL OR STATE AID:
County and Consultant 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.
48.0 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 public meeting
of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the
parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement
or by Florida law. This provision does not negate or waive the provisions of Paragraph 40 concerning
cancellation.
49.0 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,
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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.
50.0 NONDISCRIMINATION:
County and Consultant 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. County or Consultant 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 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 patent 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 maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Any other nondiscrimination provisions in any federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting
discrimination on the basis of race, color, sex, religion, disability, 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.
51.0 COVENTANT OF NO INTEREST:
County and Consultant 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.
52.0 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.
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53.0 SOLICITATION/PAYMENT:
The County and Consultant 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.
54.0 PUBLIC ACCESS:
The County and consultant 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 Statues, and made or received by the County and consultant in conjunction with this
Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by Consultant.
55.0 NON- WAIVER OF IMMUNITY:
Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the County and
the Consultant 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.
56.0 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 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.
57.0 LEGAL OBLIGATIONS AND RESPONSffiILITIES:
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 and 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
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statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and
case law.
58.0 NON-RELIANCE BY NON-PARTIES:
"
No person or entity shall be entitled to rely upon the terms, or any of them, of the 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 County and the Consultant agree that neither the County nor the Consultant
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.
59.0 ATTESTATIONS:
Consultant agrees to execute such documents as the County may reasonably require, including a
Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
60.0 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.
61.0 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 any of the parties hereto
may execute this Agreement by signing any such counterpart.
62.0 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.
63.0 CONTINGENCY STATEMENT:
Monroe County's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Monroe County Board of County Commissioners.
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IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written
above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be
deemed an original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
Date:
(SEAL)
Attest:
CONSULTANT:
By:
By:
WITNESS
Title:
Title:
By:
WITNESS
Title:
END OF SECTION 00500
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ATTACHMENT A
SUMMARY OF ESTIMATED eEl COSTS
Prime Consultant:
PBCS
Date Prepared:
Revised:
Monroe County
06/19/06
11/21/2006
Contract:
B I D-CMD-2 78-87 -2005-PUR/L C
Project Description:
Card Sound Road Bridges Rehabilitation
Stralaht Time Rates 10%
Straight Time Overtime Total Weighted
Avg. BiUing
Classification Hours Hours Hours Rate* Total
Senior Project Engineer LeporerrBD 577.50 577.50 $103.47 $59,753.93
CSS/Sr. Inspector TBD 2310.00 231.00 2541.00 $64.72 $164,453.52
Inspector Fisher 924.00 92.40 1016.40 $56.79 $57,721.36
Public Infonnation Officer Jones 181.50 181.50 $71.64 $13,002.66
Scheduler Hol:lack 0.00 0.00 $127.12 $0.00
Subtotal 3993.00 323.4 4316.40 $294,931.47
* Does not include Ql"emium
Premium Salary Costs
Classification
CSS/Sr. Inspector
Inspector
Hours
231.00
92.40
Subtotal
323.40
$4,419.49
EXDense Costs
Vehicles
Project Support
Travel
Consumables
PIO Expenses
LUMP SUM
$59,765.15
Subconsultant . BOLTEN PEREZ
$26,108.37
TOTAL MAXIMUM LIMITING AMOUNT
$385,224.48