HomeMy WebLinkAbout02/18/2026 Agreement
DATE: February 26, 2026
TO: Judith Clarke, PE, Director
Engineering/Roads & Bridges
ATTN: Samantha Yeoman
Executive Assistant
FROM: Brynn Morey, Deputy Clerk
SUBJECT: February 18, 2026 BOCC Meeting
The following item has been executed and added to the record:
C8 Approval to retroactively approve to January 28, 2026, a continuing contract for on call
professional engineering services with Kimley-Horn and Associates, Inc., who was one of the
five highest ranked respondents to the Request for Qualifications (RFQ). The contract is for a
four-year term.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
On Call Professional Engineering Services Contract
AGREEMENT FOR
CONTINUING CONTRACT FOR ON CALL PROFESSIONAL ENGINEERING SERVICES
This Agreement made and entered into this day of ,
18thFebruary
20 by and between Monroe County, a political subdivision of the State of Florida, whose
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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
AND
Kimley-Horn and, Associates Inc. , a Foreign Profit Corporation of the State of North Carolina,
whose address is 2 Alhambra Plaza Suite 500 Coral Gables, FL 33134 its successors and
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional engineering services of
CONSULTANT for various County Projects located in Monroe County, Florida; and
WHEREAS, CONSULTANT has agreed to provide professional services for miscellaneous
projects in which construction costs do not exceed $7,725,000 as of July 1, 2025, for study
activity if the fee for professional services for each individual study under the contract does not
exceed $500,000.00 in accordance with F.S. 287.055. Beginning July 1, 2025, and each July
thereafter, the Florida Department of Management Services shall adjust the maximum amount
allowed on the preceding June 30 for each individual project in a continuing contract by using
the change in the June-to-June Consumer Price Index for All Urban Consumers issued by the
Bureau of Labor Statustics of the United States Department of Labor; and
WHEREAS, the professional services required by this Contract will be for services in the form of
a continuing contract, commencing on January 28, 2026 (the effective date of this agreement)
and ending four years thereafter, with options for the County to renew for one additional 1 year
period; and
WHEREAS, specific services will be performed pursuant to individual task orders issued by the
COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work,
time schedule, charges and payment conditions, and additional terms and conditions that are
applicable to such Task Orders; and
WHEREAS, execution of a Task Order by the COUNTY or County Administrator (if the total
cumulative value of the Task Order is $100,000 or less) and the CONSULTANT constitutes the
Task Order; and
WHEREAS, the terms and conditions of this Agreement shall apply to each Task Order, except
to the extent expressly modified. When a Task Order is to modify a provision of this Agreement,
the Article of this Agreement to be modified will be specifically referenced in the Task Order and
the modification shall be precisely described;
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On Call Professional Engineering Services Contract
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
1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions
under which the Work is to be completed.
1.1.3 The CONSULTANT shall prepare all documents required by this Agreement including,
but not limited to, all contract plans and specifications, in such a manner that they shall
be in conformity and comply with all applicable law, codes and regulations. The
CONSULTANT warrants that the documents prepared as a part of this Contract will be
adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating
any additional construction cost due to missing or incorrect design elements in the
contract documents;
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards
to his performance and those directly under his employ.
1.1.5
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.
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On Call Professional Engineering Services Contract
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 SCOPE OF WORK
The CONSULTANT will perform for the COUNTY services as described in individual Task
Orders in accordance with the requirements outlined in this Agreement and the specific Task
Order.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its
subconsultants, or both.
2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this agreement
shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified
mail, return receipt requested, to the following:
Ms. Judith Clarke, P.E.
Director of Engineering Services
Monroe County
1100 Simonton Street, Room 2-216
Key West, Florida 33040
And: Ms. Christine Hurley
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the Consultant:
Leonte I. Almonte, P.E.
Vice President
Kimley-Horn and Associates, Inc.
2 Alhambra Plaza, Suite 500
Coral Gables, FL 33134
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services are services not included in the Scope of Basic Services. Should the
COUNTY require additional services they shall be paid for by the COUNTY at rates or fees
negotiated at the time when services are required, but only if approved by the COUNTY
before commencement.
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On Call Professional Engineering Services Contract
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
services.
4.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have
been duly served if sent pursuant to paragraph 2.3.
4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
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, in accordance with F.S. 725.08, 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,
negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT,
subcontractor(s) and other persons employed or utilized by the CONSULTANT in the
performance of the contract.
5.2 Should any claims be asserted against the COUNTY by virtue of any deficiency or
ambiguity in the plans and specifications to the extent caused by the negligence,
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On Call Professional Engineering Services Contract
recklessness, or intentionally wrongful conduct of the CONSULTANT, the CONSULTANT
agrees and warrants that it shall hold the COUNTY harmless and shall indemnify it from all
behalf.
5.3 In the event the completion of the project (to include the work of others) is delayed or
insurance, the CONSULTANT shall indemnify COUNTY from any and all increased
expenses resulting from such delays.
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.5 This indemnification shall survive the expiration or early termination of the Agreement.
5.6 FDOT INDEMNIFICATION
To the extent provided by law, CONSULTANT shall indemnify, defend, and hold harmless
the COUNTY and the State of Florida, Department of Transportation, including the
arising out of, relating to, or resulting from negligent or wrongful act(s) of
CONSULTANT, or any of its officers, agents, or employees, acting within the scope of
their office or employment, in connection with the rights granted to or exercised by
CONSULTANT.
sovereign immunity beyond the limits set forth in Florida Statutes, Section
768.28. Nor shall the same be construed to constitute agreement by CONSULTANT to
indemnify COUNTY for the negligent acts or omissions of COUNTY, its officers, agents, or
employees, or third parties. Nor shall the same be construed to constitute agreement by
CONSULTANT to indemnify the Department for the negligent acts or omissions of the
Department, its officers, agents, or employees, or third parties. This indemnification shall
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
Leonte I. Almonte, P.E. Project Manager
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So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they are
replaced the CONSULTANT shall notify the COUNTY of the change immediately, but this does
not require a formal amendment to the Agreement.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the
performance of this Agreement based on rates negotiated and agreed upon and shown in
Attachment A.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set
forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant
to the Local Government Prompt Payment Act 218.70, Florida Statutes.
(A)
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.
invoice shall describe with reasonable particularity the service rendered. The
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 and
Monroe County Code, Chapter 2, Article III, Division 3-Travel, Per Diem, Meals and
Mileage Policy;
b. Cost of reproducing maps or drawings or other materials used in performing the
scope of services;
c. Postage and handling of reports;
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On Call Professional Engineering Services Contract
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
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
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 thirty (30) 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.
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000
Disease, policy limits, $1,000,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims
for injuries to members of the public and/or damages to property of others arising from use of
motor vehicles, including onsite and 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
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On Call Professional Engineering Services Contract
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.
completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statute.
F. COUNTY shall be named as an additional insured with respect to
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
G. CONSULTANT shall require its subconsultants to be adequately insured at least to
the limits prescribed above, and to any increased limits of CONSULTANT if so required by
COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of
insurance for subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of
all insurance policies including those naming the COUNTY as an additional insured. The
COUNTY reserves the right to require a certified copy of such policies upon request.
I. If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance
will be required. In addition, the CONSULTANT may be required to submit updated financial
statements from the fund upon request from the COUNTY.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may
be reproduced and copied without acknowledgement or permission of the CONSULTANT.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this agreement, except
in writing and with the prior written approval of the Board of County Commissioners for Monroe
County and the CONSULTANT, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph shall be incorporated by
reference into any assignment or subcontract and any assignee or subcontractor shall comply
with all of the provisions of this agreement. Subject to the provisions of the immediately
preceding sentence, each party hereto binds itself, its successors, assigns and legal
representatives to the other and to the successors, assigns and legal representatives of such
other party.
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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 thirty (30) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms,
the COUNTY retains the right to terminate this Agreement. The COUNTY may also
terminate this agreement for cause with CONSULTANT should CONSULTANT fail
to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination, prior to termination, the COUNTY shall
CONSULTANT with an opportunity to cure the breach that has occurred. If the
breach is not cured, the Agreement will be terminated for cause. If the COUNTY
terminates this agreement with the CONSULTANT, COUNTY shall pay
CONSULTANT the sum due the CONSULTANT under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract; however, the COUNTY reserves the right to assert and
seek an offset for damages caused by the breach. The maximum amount due to
CONSULTANT shall not in any event exceed the Not to Exceed or Lump Sum
amount as stated in the individual Task Order. In addition, the COUNTY reserves
all rights available to recoup monies paid under this Agreement, including the right
to sue for breach of contract and including the right to pursue a claim for violation of
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Monroe County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon 30 notice to CONSULTANT. If the COUNTY
terminates this agreement with the CONSULTANT, COUNTY shall pay
CONSULTANT the sum due the CONSULTANT under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract. The maximum amount due to CONSULTANT shall not
exceed the Not to Exceed or Lump Sum amount as stated in the individual Task
Order.
E. For Contracts of any amount, if the County determines that the Consultant has
submitted a false certification under Section 287.135(5), Florida Statutes or has
been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in
a boycott of Israel, the County shall have the option of (1) terminating the
Agreement after it has given the Consultant written notice and an opportunity to
to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met.
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F. For Contracts of $1,000,000 or more, if the County determines that the Consultant
submitted a false certification under Section 287.135(5), Florida Statutes, or if the
Consultant has been placed on the Scrutinized Companies with Activities in the
Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, or been engaged in business operations in Cuba or Syria, the County
shall have the option of (1) terminating the Agreement after it has given the
determination of false certification was in error pursuant to Section 287.135(5)(a),
Florida Statutes, or (2) maintaining the Agreement if the conditions of Section
287.135(4), Florida Statutes, are met.
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Proposals, any addenda, the Form of Agreement
(Articles I- referred to in the Form
of Agreement as a part of this Agreement, and modifications made after execution by written
amendment. In the event of any conflict between any of the Contract documents, the one
imposing the greater burden on the CONSULTANT will control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on contracts to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this Agreement will
not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this
section shall result in termination of this Agreement and recovery of all monies paid hereto, and
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
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
been placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS AND RIGHT TO AUDIT 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 and if applicable in accordance with 2 C.F.R. § 200.333. Each party to this
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Agreement or its authorized representatives shall have reasonable and timely access to such
records of each other party to this Agreement for public records purposes during the term of the
Agreement and for five years following the 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.
Right to Audit
Availability of Records. The records of the parties to this Agreement relating to a Construction
Project (Project), which shall include but not be limited to accounting records (hard copy, as well
as computer readable data if it can be made available; subcontract files (including proposals of
successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original
estimates; estimating work sheets; correspondence; change order files (including documentation
covering negotiated settlements); backcharge logs and supporting documentation; general
ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any
other supporting evidence deemed necessary by County or the Monroe County Office of the
charges related to this agreement, and all other agreements, sources of information and matters
to any matters, rights, duties or obligations under or covered by any contract document (all
County Clerk may also conduct verifications such as, but not limited to, counting employees at
the job site, witnessing the distribution of payroll, verifying payroll computations, overhead
computations, observing vendor and supplier payments, miscellaneous allocations, special
charges, verifying information and amounts through interviews and written confirmations with
employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept
for ten (10) years after Final Completion of the Project. The County Clerk possesses the
independent authority to conduct an audit of Records, assets, and activities relating to this
Project. If any auditor employed by the Monroe County or County Clerk determines that monies
paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the CONSULTANT shall repay the monies together with interest calculated
pursuant to Section 55.03, F.S., running form the date the monies were paid to CONSULTANT.
The right to audit provisions survives the termination of expiration of this Agreement.
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
th
16 Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate
administrative body. This agreement shall not be subject to arbitration. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules
of Civil Procedure and usual and customary procedures required by the circuit court of Monroe
County.
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
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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 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
investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and
-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. Any conditions
imposed as a result of funding that effect the scope of work or individual project will be provided
to each party.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of the parties. If the
issue or issues are still not resolved to the satisfaction of the parties, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration. This provision does not negate or waive the
provisions of paragraph 9.5 concerning termination or cancellation.
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
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party to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
9.17 NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
Nondiscrimination: CONTRACTOR 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. CONTRACTOR and 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. 3601
et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be
amended from time to time, relating to nondiscrimination on the basis of disability; 10)
Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of
race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties to, or the subject matter of, this Agreement.
Equal Employment Opportunity: The regulation at 41 C.F.R. § 60.1.4(b) requires, except as
otherwise provided or exempted in 41 C.F.R Part 60, that all contracts that meet the
41 CFR § 60-1.3 must include the
equal opportunity clause as set forth below.
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity,
or national origin. The Contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without regard to
their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided
setting forth the provisions of this nondiscrimination clause.
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(2) The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a
notice to be provided advising the said labor union or workers' representatives of the
Contractor's commitments under this section and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this contract or with any of the said rules, regulations, or orders, this contract may
be canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or
purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is
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threatened with, litigation with a subcontractor or vendor as a result of such direction
by the administering agency, the Contractor may request the United States to enter
such litigation to protect the interests of the United States.
The Applicant further agrees that it will be bound by the above equal opportunity
clause with respect to its own employment practices when it participates in federally
assisted construction work: Provided, that if the applicant so participating is a State or
local government, the above equal opportunity clause is not applicable to any agency,
instrumentality or subdivision of such government which does not participate in work
on or under the contract.
The Applicant agrees that it will assist and cooperate actively with the administering
agency and the Secretary of Labor in obtaining the compliance of contractors and
subcontractors with the equal opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor, that it will furnish the administering agency
and the Secretary of Labor such information as they may require for the supervision of
such compliance, and that it will otherwise assist the administering agency in the
discharge of the agency's primary responsibility for securing compliance.
The Applicant further agrees that it will refrain from entering into any contract or
contract modification subject to Executive Order 11246 of September 24, 1965, with a
contractor debarred from, or who has not demonstrated eligibility for, Government
contracts and federally assisted construction contracts pursuant to the Executive
Order and will carry out such sanctions and penalties for violation of the equal
opportunity clause as may be imposed upon contractors and subcontractors by the
administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the
Executive Order. In addition, the Applicant agrees that if it fails or refuses to comply
with these undertakings, the administering agency may take any or all of the following
actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan,
insurance, guarantee); refrain from extending any further assistance to the applicant
under the program with respect to which the failure or refund occurred until
satisfactory assurance of future compliance has been received from such applicant;
and refer the case to the Department of Justice for appropriate legal proceedings.
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance under
this Agreement, and that only interest of each is to perform and receive benefits as recited in this
Agreement.
9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
employment or contractual relationship; and disclosure or use of certain information.
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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. If federally funded by FHWA, FAR 52.203-5
Covenant Against Contingent Fees applies to this Agreement.
9.21 PUBLIC ACCESS.
Public Records Compliance. Consultant must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and Consultant shall allow and permit reasonable access to,
possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the County and Consultant in conjunction with this contract and related to
contract performance. The County shall have the right to unilaterally cancel this contract upon
violation of this provision by the Consultant. Failure of the Consultant to abide by the terms of
this provision shall be deemed a material breach of this contract and the County may enforce the
terms of this provision in the form of a court proceeding and shall, as a prevailing party, be
provision shall survive any termination or expiration of the contract.
The Consultant is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Consultant is
required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2)
the requested records or allow the records to be inspected or copied within a reasonable time at
a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Consultant or keep and maintain public records that would be required by the
County to perform the service. If the Consultant transfers all public records to the County upon
completion of the contract, the Consultant shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
Consultant keeps and maintains public records upon completion of the contract, the Consultant
shall meet all applicable requirements for retaining public records. All records stored
records, in a format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County
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shall immediately notify the Consultant of the request, and the Consultant must provide the
records to the County or allow the records to be inspected or copied within a reasonable time.
If the Consultant does not comply with the request for records, the County shall enforce
the public records contract provisions in accordance with the contract, notwithstanding the
option and right to unilaterally cancel this contract upon violation of this provision by the
Consultant. A Consultant who fails to provide the public records to the County or pursuant to a
valid public records request within a reasonable time may be subject to penalties under
section119.10, Florida Statutes.
The Consultant shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
TH
1111 12 Street, SUITE 408, KEY WEST, FL 33040:
PUBLICRECORDS@MONROECOUNTY-FL.GOV OR PHONE #
(305)292-3470.
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
activity of officers, agents, or employees of any public agents or employees of the COUNTY,
when performing their respective functions under this Agreement within the territorial limits of the
COUNTY shall apply to the same degree and extent to the performance of such functions and
duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor
shall it be construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance thereof by
any participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed
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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 E-Verify System
Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any
subcontractor shall register with and shall utilize the U.S. Department of Homeland E-
Verify system to verify the work authorization status of all new employees hired by the
Contractor during the term of the Contract and shall expressly require any subcontractors
performing work or providing services pursuant to the Contract to likewise utilize the U.S.
Department of Homeland E-Verify system to verify the work authorization status of all
new employees hired by the subcontractor during the Contract term. Any subcontractor shall
provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract
with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of
F.S. 448.095
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9.30 FEDERAL CONTRACT REQUIREMENTS (The Federal contract provisions below
will apply, as applicable, to federally funded projects).
The Consultant(as also referred to below as Contractor) and its subconsultants (as also referred
to below as subcontractor) must follow the provisions as set forth in 2 C.F.R. §200.326 Contract
provisions and Appendix II to Part 200, as amended, including but not limited to:
Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal
entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part
5
In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be
required to pay wages not less than once a week. When applicable, the non-Federal
entity/COUNTY must place a copy of the current prevailing wage determination issued by
the Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The non-
Federal entity must report all suspected or reported violations to the Federal awarding
agency. The contracts must also include a provision for compliance with the Copeland -
40 U.S.C. 3145), as supplemented by Department of Labor regulations (29
CFR Part 3 and Subcontractors on Public Building or Public Work Financed in
contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report
all suspected or reported violations to the Federal awarding agency.
All prime contracts over $2,000 must include the following as set forth in 29 C.F.R. §
5.5(a)(1-(11). All applicable contractors must include these provision in full in any
subcontracts.
(a) Required contract clauses. The Agency head will cause or require the contracting
officer to require the contracting officer to insert in full, or (for contracts covered by the
Federal Acquisition Regulation (48 CFR chapter 1)) by reference, in any contract in excess
of $2,000 which is entered into for the actual construction, alteration and/or repair, including
painting and decorating, of a public building or public work, or building or work financed in
whole or in part from Federal funds or in accordance with guarantees of a Federal agency
or financed from funds obtained by pledge of any contract of a Federal agency to make a
loan, grant or annual contribution (except where a different meaning is expressly indicated),
and which is subject to the labor standards provisions of any of the laws referenced by §
5.1, the following clauses (or any modifications thereof to meet the particular needs of the
agency, Provided, That such modifications are first approved by the Department of Labor):
(1) Minimum wages
(i) Wage rates and fringe benefits. All laborers and mechanics employed or working
upon the site of the work (or otherwise working in construction or development of the
project under a development statute), will be paid unconditionally and not less often
than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by regulations issued by the
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Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of basic
hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination of
the Secretary of Labor which is attached hereto and made a part hereof, regardless of
any contractual relationship which may be alleged to exist between the contractor and
such laborers and mechanics. As provided in paragraphs (d) and (e) of this section,
the appropriate wage determinations are effective by operation of law even if they
have not been attached to the contract. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C.
3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of paragraph (a)(1)(v) of this section;
also, regular contributions made or costs incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred during
such weekly period. Such laborers and mechanics must be paid the appropriate wage
rate and fringe benefits on the wage determination for the classification(s) of work
actually performed, without regard to skill, except as provided in paragraph (a)(4) of
this section. Laborers or mechanics performing work in more than one classification
may be compensated at the rate specified for each classification for the time actually
worked therein: Provided, That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed. The wage determination
(including any additional classifications and wage rates conformed under paragraph
(a)(1)(iii) of this section) and the Davis-Bacon poster (WH-1321) must be posted at all
times by the contractor and its subcontractors at the site of the work in a prominent
and accessible place where it can be easily seen by the workers.
(ii) Frequently recurring classifications.
(A) In addition to wage and fringe benefit rates that have been determined to be
prevailing under the procedures set forth in 29 CFR part 1, a wage determination
may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of
laborers and mechanics for which conformance requests are regularly submitted
pursuant to paragraph (a)(1)(iii) of this section, provided that:
(1) The work performed by the classification is not performed by a classification in
the wage determination for which a prevailing wage rate has been determined;
(2) The classification is used in the area by the construction industry; and
(3) The wage rate for the classification bears a reasonable relationship to the
prevailing wage rates contained in the wage determination.
(B) The Administrator will establish wage rates for such classifications in accordance
with paragraph (a)(1)(iii)(A)(3) of this section. Work performed in such a
classification must be paid at no less than the wage and fringe benefit rate listed on
the wage determination for such classification.
(iii) Conformance.
(A) The contracting officer must require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to be
employed under the contract be classified in conformance with the wage
determination. Conformance of an additional classification and wage rate and fringe
benefits is appropriate only when the following criteria have been met:
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On Call Professional Engineering Services Contract
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is used in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
(B) The conformance process may not be used to split, subdivide, or otherwise avoid
application of classifications listed in the wage determination.
(C) If the contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the contracting officer agree on
the classification and wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken will be sent by the contracting officer
by email to DBAconformance@dol.gov. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary.
(D) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer will, by email to
DBAconformance@dol.gov, refer the questions, including the views of all interested
parties and the recommendation of the contracting officer, to the Administrator for
determination. The Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the contracting officer or will
notify the contracting officer within the 30-day period that additional time is
necessary.
(E) The contracting officer must promptly notify the contractor of the action taken by
the Wage and Hour Division under paragraphs (a)(1)(iii)(C) and (D) of this section.
The contractor must furnish a written copy of such determination to each affected
worker or it must be posted as a part of the wage determination. The wage rate
(including fringe benefits where appropriate) determined pursuant to paragraph
(a)(1)(iii)(C) or (D) of this section must be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
(iv) Fringe benefits not expressed as an hourly rate. Whenever the minimum wage
rate prescribed in the contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor may either pay the
benefit as stated in the wage determination or may pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(v) Unfunded plans. If the contractor does not make payments to a trustee or other
third person, the contractor may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, Provided, That the Secretary of Labor has found,
upon the written request of the contractor, in accordance with the criteria set forth in §
5.28, that the applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
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(vi) Interest. In the event of a failure to pay all or part of the wages required by the
contract, the contractor will be required to pay interest on any underpayment of
wages.
(2) Withholding
(i) Withholding requirements. The \[write in name of Federal agency or the recipient
of Federal assistance\] may, upon its own action, or must, upon written request of an
authorized representative of the Department of Labor, withhold or cause to be
withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any
subcontractor for the full amount of wages and monetary relief, including interest,
required by the clauses set forth in paragraph (a) of this section for violations of this
contract, or to satisfy any such liabilities required by any other Federal contract, or
federally assisted contract subject to Davis-Bacon labor standards, that is held by the
same prime contractor (as defined in § 5.2). The necessary funds may be withheld
from the contractor under this contract, any other Federal contract with the same
prime contractor, or any other federally assisted contract that is subject to Davis-
Bacon labor standards requirements and is held by the same prime contractor,
regardless of whether the other contract was awarded or assisted by the same
agency, and such funds may be used to satisfy the contractor liability for which the
funds were withheld. In the event of a contractor's failure to pay any laborer or
mechanic, including any apprentice or helper working on the site of the work (or
otherwise working in construction or development of the project under a development
statute) all or part of the wages required by the contract, or upon the contractor's
failure to submit the required records as discussed in paragraph (a)(3)(iv) of this
section, the \[Agency\] may on its own initiative and after written notice to the
contractor, sponsor, applicant, owner, or other entity, as the case may be, take such
action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
(ii) Priority to withheld funds. The Department has priority to funds withheld or to be
withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over
claims to those funds by:
(A) A contractor's surety(ies), including without limitation performance bond sureties
and payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in
bankruptcy of a contractor, or a contractor's bankruptcy estate;
(D) A contractor's assignee(s);
(E) A contractor's successor(s); or
(F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
(3) Records and certified payrolls
(i) Basic record requirements
(A) Length of record retention. All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work
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and preserved for all laborers and mechanics working at the site of the work (or
otherwise working in construction or development of the project under a
development statute) for a period of at least 3 years after all the work on the prime
contract is completed.
(B) Information required. Such records must contain the name; Social Security
number; last known address, telephone number, and email address of each such
worker; each worker's correct classification(s) of work actually performed; hourly
rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C.
3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually
worked in total and on each covered contract; deductions made; and actual wages
paid.
(C) Additional records relating to fringe benefits. Whenever the Secretary of
Labor has found under paragraph (a)(1)(v) of this section that the wages of any
laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the
Davis-Bacon Act, the contractor must maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits.
(D) Additional records relating to apprenticeship. Contractors with apprentices
working under approved programs must maintain written evidence of the registration
of apprenticeship programs, the registration of the apprentices, and the ratios and
wage rates prescribed in the applicable programs.
(ii) Certified payroll requirements
(A) Frequency and method of submission. The contractor or subcontractor must
submit weekly, for each week in which any DBA- or Related Acts-covered work is
performed, certified payrolls to the \[write in name of appropriate Federal agency\] if
the agency is a party to the contract, but if the agency is not such a party, the
contractor will submit the certified payrolls to the applicant, sponsor, owner, or other
entity, as the case may be, that maintains such records, for transmission to the \[write
in name of agency\]. The prime contractor is responsible for the submission of all
certified payrolls by all subcontractors. A contracting agency or prime contractor may
permit or require contractors to submit certified payrolls through an electronic
system, as long as the electronic system requires a legally valid electronic signature;
the system allows the contractor, the contracting agency, and the Department of
Labor to access the certified payrolls upon request for at least 3 years after the work
on the prime contract has been completed; and the contracting agency or prime
contractor permits other methods of submission in situations where the contractor is
unable or limited in its ability to use or access the electronic system.
(B) Information required. The certified payrolls submitted must set out accurately
and completely all of the information required to be maintained under paragraph
(a)(3)(i)(B) of this section, except that full Social Security numbers and last known
addresses, telephone numbers, and email addresses must not be included on
weekly transmittals. Instead, the certified payrolls need only include an individually
identifying number for each worker (e.g., the last four digits of the worker's Social
Security number). The required weekly certified payroll information may be
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submitted using Optional Form WH-347 or in any other format desired. Optional
Form WH-347 is available for this purpose from the Wage and Hour Division website
at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh347/.pdf or its
successor website. It is not a violation of this section for a prime contractor to require
a subcontractor to provide full Social Security numbers and last known addresses,
telephone numbers, and email addresses to the prime contractor for its own records,
without weekly submission by the subcontractor to the sponsoring government
agency (or the applicant, sponsor, owner, or other entity, as the case may be, that
maintains such records).
(C) Statement of Compliance. Each certified payroll submitted must be
subcontractor, or the contractor's or subcontractor's agent who pays or supervises
the payment of the persons working on the contract, and must certify the following:
(1) That the certified payroll for the payroll period contains the information required
to be provided under paragraph (a)(3)(ii) of this section, the appropriate
information and basic records are being maintained under paragraph (a)(3)(i) of
this section, and such information and records are correct and complete;
(2) That each laborer or mechanic (including each helper and apprentice) working
on the contract during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have
been made either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR part 3; and
(3) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification(s) of work
actually performed, as specified in the applicable wage determination incorporated
into the contract.
(D) Use of Optional Form WH-347. The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH-347 will satisfy the
requirement for submission of the of required by paragraph
(a)(3)(ii)(C) of this section.
(E) Signature. The signature by the contractor, subcontractor, or the contractor's or
subcontractor's agent must be an original handwritten signature or a legally valid
electronic signature.
(F) Falsification. The falsification of any of the above certifications may subject the
contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and
31 U.S.C. 3729.
(G) Length of certified payroll retention. The contractor or subcontractor must
preserve all certified payrolls during the course of the work and for a period of 3
years after all the work on the prime contract is completed.
(iii) Contracts, subcontracts, and related documents. The contractor or
subcontractor must maintain this contract or subcontract and related documents
including, without limitation, bids, proposals, amendments, modifications, and
extensions. The contractor or subcontractor must preserve these contracts,
subcontracts, and related documents during the course of the work and for a period of
3 years after all the work on the prime contract is completed.
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(iv) Required disclosures and access
(A) Required record disclosures and access to workers. The contractor or
subcontractor must make the records required under paragraphs (a)(3)(i) through
(iii) of this section, and any other documents that the \[write the name of the agency\]
or the Department of Labor deems necessary to determine compliance with the
labor standards provisions of any of the applicable statutes referenced by § 5.1,
available for inspection, copying, or transcription by authorized representatives of
the \[write the name of the agency\] or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(B) Sanctions for non-compliance with records and worker access
requirements. If the contractor or subcontractor fails to submit the required records
or to make them available, or refuses to permit worker interviews during working
hours on the job, the Federal agency may, after written notice to the contractor,
sponsor, applicant, owner, or other entity, as the case may be, that maintains such
records or that employs such workers, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such
records available, or to permit worker interviews during working hours on the job,
may be grounds for debarment action pursuant to § 5.12. In addition, any contractor
or other person that fails to submit the required records or make those records
available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29
CFR part 6 any of the required records that were not provided or made available to
WHD. WHD will take into consideration a reasonable request from the contractor or
person for an extension of the time for submission of records. WHD will determine
the reasonableness of the request and may consider, among other things, the
location of the records and the volume of production.
(C) Required information disclosures. Contractors and subcontractors must
maintain the full Social Security number and last known address, telephone number,
and email address of each covered worker, and must provide them upon request to
the \[write in name of appropriate Federal agency\] if the agency is a party to the
contract, or to the Wage and Hour Division of the Department of Labor. If the
Federal agency is not such a party to the contract, the contractor, subcontractor, or
both, must, upon request, provide the full Social Security number and last known
address, telephone number, and email address of each covered worker to the
applicant, sponsor, owner, or other entity, as the case may be, that maintains such
records, for transmission to the \[write in name of agency\], the contractor, or the
Wage and Hour Division of the Department of Labor for purposes of an investigation
or other compliance action.
(4) Apprentices and equal employment opportunity
(i) Apprentices
(A) Rate of pay. Apprentices will be permitted to work at less than the
predetermined rate for the work they perform when they are employed pursuant to
and individually registered in a bona fide apprenticeship program registered with the
U.S. Department of Labor, Employment and Training Administration, Office of
Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA.
A person who is not individually registered in the program, but who has been
certified by the OA or a State Apprenticeship Agency (where appropriate) to be
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On Call Professional Engineering Services Contract
eligible for probationary employment as an apprentice, will be permitted to work at
less than the predetermined rate for the work they perform in the first 90 days of
probationary employment as an apprentice in such a program. In the event the OA
or a State Apprenticeship Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use
apprentices at less than the applicable predetermined rate for the work performed
until an acceptable program is approved.
(B) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice
classification, fringe benefits must be paid in accordance with that determination.
(C) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on
the job site in any craft classification must not be greater than the ratio permitted to
the contractor as to the entire work force under the registered program or the ratio
applicable to the locality of the project pursuant to paragraph (a)(4)(i)(D) of this
section. Any worker listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated in paragraph (a)(4)(i)(A) of this section,
must be paid not less than the applicable wage rate on the wage determination for
the classification of work actually performed. In addition, any apprentice performing
work on the job site in excess of the ratio permitted under this section must be paid
not less than the applicable wage rate on the wage determination for the work
actually performed.
(D) Reciprocity of ratios and wage rates. Where a contractor is performing
construction on a project in a locality other than the locality in which its program is
registered, the ratios and wage rates (expressed in percentages of the
journeyworker's hourly rate) applicable within the locality in which the construction is
being performed must be observed. If there is no applicable ratio or wage rate for
the locality of the project, the ratio and wage rate specified in the contractor's
registered program must be observed.
(ii) Equal employment opportunity. The use of apprentices and journeyworkers
under this part must be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with
the requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor must insert in any subcontracts the
clauses contained in paragraphs (a)(1) through (11) of this section, along with the
applicable wage determination(s) and such other clauses or contract modifications as
the \[write in the name of the Federal agency\] may by appropriate instructions require,
and a clause requiring the subcontractors to include these clauses and wage
determination(s) in any lower tier subcontracts. The prime contractor is responsible for
the compliance by any subcontractor or lower tier subcontractor with all the contract
clauses in this section. In the event of any violations of these clauses, the prime
contractor and any subcontractor(s) responsible will be liable for any unpaid wages and
monetary relief, including interest from the date of the underpayment or loss, due to any
workers of lower-tier subcontractors, and may be subject to debarment, as appropriate.
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On Call Professional Engineering Services Contract
(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5
may be grounds for termination of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and
5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning
of this clause include disputes between the contractor (or any of its subcontractors) and
the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
(10) Certification of eligibility.
(i) By entering into this contract, the contractor certifies that neither it nor any person
or firm who has an interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
(iii) The penalty for making false statements is prescribed in the U.S. Code, Title 18
Crimes and Criminal Procedure, 18 U.S.C. 1001.
(11) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate,
threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against,
or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce,
blacklist, harass, or in any other manner discriminate against, any worker or job
applicant for:
(i) Notifying any contractor of any conduct which the worker reasonably believes
constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
(ii) Filing any complaint, initiating or causing to be initiated any proceeding, or
otherwise asserting or seeking to assert on behalf of themselves or others any right or
protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
(iii) Cooperating in any investigation or other compliance action, or testifying in any
proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
(iv) Informing any other person about their rights under the DBA, Related Acts, this
part, or 29 CFR part 1 or 3.
(b) Contract Work Hours and Safety Standards Act (CWHSSA). The Agency Head
must cause or require the contracting officer to insert the following clauses set forth in
paragraphs (b)(1) through (5) of this section in full, or (for contracts covered by the
Federal Acquisition Regulation) by reference, in any contract in an amount in excess of
$100,000 and subject to the overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses must be inserted in addition to the clauses required by
paragraph (a) of this section or 29 CFR 4.6. As used in this paragraph (b), the terms
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On Call Professional Engineering Services Contract
(1) Overtime requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (b)(1) of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest from
the date of the underpayment. In addition, such contractor and subcontractor shall be
liable to the United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchpersons and guards, employed in violation of the clause set
forth in paragraph (b)(1) of this section, in the sum of $33 for each calendar day on
which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph (b)(1).
(3) Withholding for unpaid wages and liquidated damages
(i) Withholding process. The \[write in the name of the Federal agency or the
recipient of Federal assistance\] may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause
to be withheld from the contractor so much of the accrued payments or advances as
may be considered necessary to satisfy the liabilities of the prime contractor or any
subcontractor for any unpaid wages; monetary relief, including interest; and liquidated
damages required by the clauses set forth in this paragraph (b) on this contract, any
other Federal contract with the same prime contractor, or any other federally assisted
contract subject to the Contract Work Hours and Safety Standards Act that is held by
the same prime contractor (as defined in § 5.2). The necessary funds may be withheld
from the contractor under this contract, any other Federal contract with the same
prime contractor, or any other federally assisted contract that is subject to the Contract
Work Hours and Safety Standards Act and is held by the same prime contractor,
regardless of whether the other contract was awarded or assisted by the same
agency, and such funds may be used to satisfy the contractor liability for which the
funds were withheld.
(ii) Priority to withheld funds. The Department has priority to funds withheld or to be
withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over
claims to those funds by:
(A) A contractor's surety(ies), including without limitation performance bond sureties
and payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in
bankruptcy of a contractor, or a contractor's bankruptcy estate;
(D) A contractor's assignee(s);
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On Call Professional Engineering Services Contract
(E) A contractor's successor(s); or
(F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.
(4) Subcontracts. The contractor or subcontractor must insert in any subcontracts the
clauses set forth in paragraphs (b)(1) through (5) of this section and a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor is responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (b)(1) through (5). In the event of any violations
of these clauses, the prime contractor and any subcontractor(s) responsible will be liable
for any unpaid wages and monetary relief, including interest from the date of the
underpayment or loss, due to any workers of lower-tier subcontractors, and associated
liquidated damages and may be subject to debarment, as appropriate.
(5) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate,
threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against,
or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce,
blacklist, harass, or in any other manner discriminate against, any worker or job
applicant for:
(i) Notifying any contractor of any conduct which the worker reasonably believes
constitutes a violation of the Contract Work Hours and Safety Standards Act
(CWHSSA) or its implementing regulations in this part;
(ii) Filing any complaint, initiating or causing to be initiated any proceeding, or
otherwise asserting or seeking to assert on behalf of themselves or others any right or
protection under CWHSSA or this part;
(iii) Cooperating in any investigation or other compliance action, or testifying in any
proceeding under CWHSSA or this part; or
(iv) Informing any other person about their rights under CWHSSA or this part.
(c) CWHSSA required records clause. In addition to the clauses contained in paragraph
(b) of this section, in any contract subject only to the Contract Work Hours and Safety
Standards Act and not to any of the other laws referenced by § 5.1, the Agency Head
must cause or require the contracting officer to insert a clause requiring that the contractor
or subcontractor must maintain regular payrolls and other basic records during the course
of the work and must preserve them for a period of 3 years after all the work on the prime
contract is completed for all laborers and mechanics, including guards and watchpersons,
working on the contract. Such records must contain the name; last known address,
telephone number, and email address; and social security number of each such worker;
each worker's correct classification(s) of work actually performed; hourly rates of wages
paid; daily and weekly number of hours actually worked; deductions made; and actual
wages paid. Further, the Agency Head must cause or require the contracting officer to
insert in any such contract a clause providing that the records to be maintained under this
paragraph must be made available by the contractor or subcontractor for inspection,
copying, or transcription by authorized representatives of the (write the name of agency)
and the Department of Labor, and the contractor or subcontractor will permit such
representatives to interview workers during working hours on the job.
(d) Incorporation of contract clauses and wage determinations by reference.
Although agencies are required to insert the contract clauses set forth in this section,
along with appropriate wage determinations, in full into covered contracts, and contractors
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On Call Professional Engineering Services Contract
and subcontractors are required to insert them in any lower-tier subcontracts, the
incorporation by reference of the required contract clauses and appropriate wage
determinations will be given the same force and effect as if they were inserted in full text.
(e) Incorporation by operation of law. The contract clauses set forth in this section (or
their equivalent under the Federal Acquisition Regulation), along with the correct wage
determinations, will be considered to be a part of every prime contract required by the
applicable statutes referenced by § 5.1 to include such clauses, and will be effective by
operation of law, whether or not they are included or incorporated by reference into such
contract, unless the Administrator grants a variance, tolerance, or exemption from the
application of this paragraph. Where the clauses and applicable wage determinations are
effective by operation of law under this paragraph, the prime contractor must be
compensated for any resulting increase in wages in accordance with applicable law.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
which includes all FEMA grant and cooperative agreement programs, all contracts awarded
by the COUNTY in excess of $100,000 that involve the employment of mechanics or
laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must
compute the wages of every mechanic and laborer on the basis of a standard work week of
40 hours. Work in excess of the standard work week is permissible provided that the worker
is compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704
are applicable to construction work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation
or transmission of intelligence.
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation
of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1) the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest
from the date of the underpayment. In addition, such contractor and subcontractor shall be
liable to the United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer
or mechanic, including watchpersons and guards, employed in violation of the clause
set forth in paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of $32 for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph29 C.F.R. § 5.5 (b)(1).
(3) Withholding for unpaid wages and liquidated damages.
(i) Withholding Process. The recipient or subrecipients may upon its own
action, or must upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld from the contractor so much
of the accrued payments or advances as may be considered necessary to satisfy
the liability of the prime contractor or any subcontractors for any unpaid wages,
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monetary relief, including interest; and liquidated damages required by the clauses
set forth in this paragraph (b) on this contract, any other federal contract with the
same prime contractor, or any other federally assisted contract subject to the
Contract Work Hours and Safety Standards Act that is held by the same prime
contractor (as defined in § 5.2). The necessary funds may be withheld from the
contractor under this contract, any other federal contract with the same prime
contractor, or any other federally assisted contract that is subject to the Contract
Work Hours and Safety Standards Act and is held by the same prime contractor,
regardless of whether the other contract was awarded or assisted by the same
agency, and such funds may be used to satisfy the contractor liability for which the
funds were withheld.
(ii) Priority to withheld funds. The Department has priority to funds withheld or to
be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both,
over claims to those funds by:
(A) A contractor's surety(ies), including without limitation performance bond sureties
and payment bond sureties;
(B) A contracting agency for its reprocurement costs;
(C) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in
bankruptcy of a contractor, or a contractor's bankruptcy estate;
(D) A contractor's assignee(s);
(E) A contractor's successor(s); or
(F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.,
(4) Subcontracts. The contractor or subcontractor must insert in any
subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1) through (5) and a
clause requiring the subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in paragraphs 29 C.F.R. § 5.5 (b)(1) through (5). In the event of any violations of
these clauses, the prime contractor, and any subcontractor(s) responsible will be liable for
any unpaid wages and monetary relief, including interest from the date of the underpayment
or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages
and may be subject to debarment, as appropriate.
(5) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate,
threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate
against, or to cause any person to discharge, demote, intimidate, threaten, restrain,
coerce, blacklist, harass, or in any other manner discriminate against, any worker or
job applicant for:
(i) Notifying any contractor of any conduct which the worker reasonably believes
constitutes a violation of the Contract Work Hours and Safety Standards Act
(CWHSSA) or its implementing regulations in this part;
(ii) Filing any complaint, initiating, or causing to be initiated any proceeding, or
otherwise asserting or seeking to assert on behalf of themselves or others any
right or protection under CWHSSA or this part;
(iii) Cooperating in any investigation or other compliance action, or testifying in
any proceeding under CWHSSA or this part; or
(iv) Informing any other person about their rights under CWHSSA or this part.
Further Compliance with the Contract Work Hours and Safety Standards Act.
(1) The contractor or subcontractor must maintain regular payrolls and other basic
records during the course of the work and must preserve them for a period of three
years after all the work on the prime contract is completed for all laborers and
mechanics, including guards and watchpersons, working on the contract. Such
records must contain the name; last known address, telephone number, and email
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On Call Professional Engineering Services Contract
address; and social security number of each such worker; each correct
classification(s) of work performed; hourly rates of wages paid; daily and weekly
number of hours actually worked; deductions made; and actual wages paid.
(2) Records to be maintained under this provision must be made available by the
contractor or subcontractor for inspection, copying, or transcription by authorized
representatives of the Department of Homeland Security, the Federal Emergency
Management Agency, and the Department of Labor, and the contractor or
subcontractor will permit such representatives to interview workers during working
hours on the job.
Clean Air Act.
The CONSULTANT agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §
7401 et seq.
The CONSULTANT agrees to report each violation to the COUNTY and
understands and agrees that the COUNTY will, in turn, report each violation as
required to assure notification to the Federal Emergency Management Agency,
and the appropriate Environmental Protection Agency Regional Office.
The CONSULTANT agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with federal assistance
provided by FEMA or other Federal Awarding Agency.
Federal Water Pollution Control Act
The CONSULTANT agrees to comply with all applicable standards, orders, or
regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. § 1251 et seq.
The CONSULTANT agrees to report each violation to the COUNTY and
understands and agrees that the COUNTY will, in turn, report each violation as
required to assure
notification to the (FDEM or other pass-through entity, if applicable), Federal
Emergency Management Agency, and the appropriate Environmental
Protection Agency Regional Office.
The CONSULTANT agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with federal assistance
provided by FEMA or other Federal Awarding Agency.
Suspension and Debarment
This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R.
Part 3000. As such, the CONSULTANT is required to verify that none of the
principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at
2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R. § 180.935).
The CONSULTANT must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part
3000, subpart C, and must include a requirement to comply with these regulations in
any lower tier covered transaction it enters.
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On Call Professional Engineering Services Contract
This certification is a material representation of fact relied upon by COUNTY. If it is
later determined that the CONSULTANT did not comply with 2 C.F.R. Part 180,
subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to
COUNTY, the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment.
The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180,
subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the
period of any contract that may arise from this offer. The bidder or proposer further agrees
to include a provision requiring such compliance in its lower tier covered transactions.
Byrd Anti-Lobbying Amendment, as amended, 31 U.S.C. § 1352.
CONSULTANTs who apply or bid for an award of more than $100,000 shall file the required
certification. Each tier certifies to the tier above that it will not and has not used federal
appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, officer or employee
of Congress, or an employee of a Member of Congress in connection with obtaining any
federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also
disclose any lobbying with non-federal funds that takes place in connection with obtaining
any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in
turn will forward the certification(s) to the federal agency.
Procurement of Recovered Materials
In the performance of this contract, the CONSULTANT shall make maximum use of
products containing recovered materials that are EPA-designated items unless the product
cannot be acquired
a) Competitively within a timeframe providing for compliance with the contract
performance schedule;
b) Meeting contract performance requirements; or
c) At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available
at Comprehensive Procurement Guideline (CPG) Program | US EPA. The CONSULTANT
also agrees to comply with all other applicable requirements of Section 6002 of the Solid
Waste Disposal Act.
The Contactor should, to the greatest extent practicable and consistent with the law,
purchase, acquire, or use products and services that can be reused, refurbished, or
recycled; contain recycled content, are biobased, or are energy and water efficient; and are
sustainable.
Prohibition on Contracting for Covered Telecommunications Equipment or Services
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered
telecommunications equipment or services; interconnection arrangements; roaming; substantial or
essential component; and telecommunications equipment or services have the meaning as
defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered
Telecommunications Equipment or Services and/or as applicable as set forth in FAR 52.204-25
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On Call Professional Engineering Services Contract
which provide:
Definitions. As used in this clause
Backhaul means intermediate links between the core network, or backbone network, and
the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to
the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g.,
fiber optic, coaxial cable, Ethernet).
Covered foreign country means The Republic of China.
Covered telecommunications equipment or services means
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology
Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using
such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided
by an entity that the Secretary of Defense, in consultation with the Director of National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be
an entity owned or controlled by, or otherwise connected to, the government of a covered
foreign country.
Critical technology means
(1) Defense articles or defense services included on the United States Munitions List set
forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title
22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774
of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code
of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security,
chemical and biological weapons proliferation, nuclear nonproliferation, or missile
technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials,
software, and technology covered by part 810 of title 10, Code of Federal Regulations
(relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of
Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations,
part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
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On Call Professional Engineering Services Contract
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the
Export Control Reform Act of 2018 ( 50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of
two or more networks to allow the use of another's network to hand off traffic where it is
ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of
telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's
possession about the identity of the producer or provider of covered telecommunications
equipment or services used by the entity that excludes the need to include an internal or
third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a
visited network when unable to connect to the facilities of the home network either because
signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper
function or performance of a piece of equipment, system, or service.
(b) Prohibitions.
1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019,
Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after
Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee
funds on certain telecommunications products or from certain entities for national security reasons.
2) Unless an exception in paragraph (c) of this clause applies, the CONSULTANT and its
subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the
Federal Emergency Management Agency to:
i. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology of any system;
ii. Enter, extend, or renew a contract to procure or obtain any equipment,
system, or service that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical
technology of any system;
iii. Enter, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system; or
iv. Provide, as part of its performance of this contract, subcontract, or other
contractual instrument, any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system.
(c) Exceptions.
1) This clause does not prohibit CONSULTANTs from providing
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On Call Professional Engineering Services Contract
i. A service that connects to the facilities of a third-party, such as backhaul, roaming, or
interconnection arrangements; or
ii. Telecommunications equipment that cannot route or redirect user data traffic or permit
visibility into any user data or packets that such equipment transmits or otherwise handles.
2) By necessary implication and regulation, the prohibitions also do not apply to:
i. Covered telecommunications equipment or services that:
a. Are not used as a substantial or essential component of any system; and
b. Are not used as critical technology of any system.
ii. Other telecommunications equipment or services that are not considered covered
telecommunications equipment or services.
d) Reporting requirement.
1) In the event the CONSULTANT identifies covered telecommunications equipment or services
used as a substantial or essential component of any system, or as critical technology as part of
any system, during contract performance, or the CONSULTANT is notified of such by a
subcontractor at any tier or by any other source, the CONSULTANT shall report the information
in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this
contract are established procedures for reporting the information.
2) The CONSULTANT shall report the following information pursuant to paragraph (d)(1) of this
clause:
i. Within one business day from the date of such identification or notification: The contract
number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if
known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model
number (original equipment manufacturer number, manufacturer part number, or wholesaler
number); item description; and any readily available information about mitigation actions
undertaken or recommended.
ii. Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:
Any further available information about mitigation actions undertaken or recommended. In
addition, the CONSULTANT shall describe the efforts it undertook to prevent use or
submission of covered telecommunications equipment or services, and any additional
efforts that will be incorporated to prevent future use or submission of covered
telecommunications equipment or services.
(e) Subcontracts. The CONSULTANT shall insert the substance of this clause, including this
paragraph (e), in all subcontracts and other contractual instruments.
Domestic Preference for Procurements
The CONSULTANT should, to the great extent practicable and consistent with the law,
provide a preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States. This includes but is not limited to iron, aluminum, steel,
cement, and other manufactured products.
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On Call Professional Engineering Services Contract
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States.
Build America, Buy America Act (BABAA).
Contractors and their subcontractors who apply or bid for an award for an infrastructure
project subject to the domestic preference requirement in the Build America, Buy America
Act shall file the required certification to COUNTY with each bid or offer for an infrastructure
project, unless a domestic preference requirement is waived by FEMA or other Federal
Awarding Agency. Contractors and subcontractors certify that no federal financial
assistance funding for infrastructure projects will be provided unless all the iron, steel,
manufactured projects, and construction materials used in the project are produced in the
United States. BABAA, Pub. L. No. 117-58, §§ 70901-52. Contractors and subcontractors
shall also disclose any use of federal financial assistance for infrastructure projects that
does not ensure compliance with BABAA domestic preference requirements. Such
disclosures shall be forwarded to the recipient who, in turn, will forward the disclosures to
FEMA, the federal agency; subrecipients will forward disclosures to the passthrough entity,
who will, in turn, forward the disclosures to FEMA or other Federal Awarding Agency.
For FEMA financial assistance programs or other federally funded programs subject to
BABAA, contractors and subcontractors must sign and submit the BABAA certification to the
next tier (e.g., subcontractors submit to the contractor; contractors submit to the County)
each bid or offer for an infrastructure project that has not been waived by a BABAA waiver.
Energy Efficiency- CONSULTANT will comply with the Energy Policy and Conservation Act
(P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and policies relating to
energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant
FEMA Recommended Contract Provisions (The following will apply to any FEMA
federally funded projects):
Upon the recommendation of FEMA, the Contract Provisions apply when any funding is
awarded by FEMA for services under this Agreement.
Access to Records
The CONSULTANT agrees to provide COUNTY, Florida Department of Emergency
Management or other pass-through entity, if applicable, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized representatives access
to any books, documents, papers, and records of the CONSULTANT which are directly
pertinent to this contract for the purposes of making audits, examinations, excerpts, and
transcriptions.
The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
The CONSULTANT agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work being
completed under the contract.
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On Call Professional Engineering Services Contract
For Contracts Entered into After August 1, 2017, Under a Major Disaster or Emergency
Declaration
In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the COUNTY
and the CONSULTANT acknowledge and agree that no language in this contract is
intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller
General of the United States.
Changes
To be allowable under a FEMA grant or cooperative agreement award, the cost of any
contract change, modification, amendment, addendum, change order, or constructive
change must be necessary, allocable, within the scope of the grant or cooperative
agreement, reasonable for the scope of work, and otherwise allowable.
Any changes to this Agreement must be approved in writing by written Amendment signed
by both parties.
DHS Seal, Logo, and Flags
COUNTY must obtain written permission from DHS prior to using the DHS seals, logos,
crests, or reproductions of flags, or likenesses of DHS agency officials. This includes use of
DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or
likenesses of component officials
Compliance with Federal Law, Regulations, and Executive Orders and Acknowledgement of
Federal Funding
This is an acknowledgment that FEMA financial assistance will be used to fund all or a
portion of the contract. The CONSULTANT will comply with all applicable federal law,
regulations, executive orders, FEMA policies, procedures and directive.
No Obligation by Federal Government
The Federal Government is not a party to this contract and is not subject to any obligations
or liabilities to the COUNTY, CONSULTANT, or any other party pertaining to any matter
resulting from the contract.
Program Fraud and False or Fraudulent Statements or Related Acts
The CONSULTANT acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for
contract.
Socioeconomic Contracting
The CONSULTANT is encouraged to take all necessary steps identified in 2 C.F.R. §
enterprises, veteran owned businesses, and labor surplus area firms are considered when
possible.
Copyright -License and Delivery of Works Subject to Copyright.
The CONSULTANT grants to the COUNTY, a paid-up, royalty-free, nonexclusive,
irrevocable, worldwide license in data first produced in the performance of this contract to
reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to
the public, and perform publicly and display publicly such data. For data required by the
contract but not first produced in the performance of this contract, the CONSULTANT will
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On Call Professional Engineering Services Contract
identify such data and grant to the COUNTY or acquires on its behalf a license of the same
scope as for data first produced in the performance of this contract. Data, as used herein,
shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written
reports or literary works, software and/or source code, music, choreography, pictures or
images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound
and/or video recordings, and architectural works. Upon or before the completion of this
contract, the CONSULTANT will deliver to the (insert name of the recipient or subrecipient)
data first produced in the performance of this contract and data required by the contract but
not first produced in the performance of this contract in formats acceptable by the COUNTY.
Build America, Buy America Act (BABAA) for Architectural and/or Engineering Contracts
Build America, Buy America Act Preference.
CONSULTANTs and subcontractors agree to incorporate the Buy America Preference into
planning and design when providing architectural and/or engineering professional services
for infrastructure projects. Consistent with the Build America, Buy America Act (BABAA)
Pub. L. 11758 §§ 70901-52, no federal financial assistance funding for infrastructure
projects will be used unless all the iron, steel, manufactured projects, and construction
materials used in the project are produced in the United States
Providing Good, Safe Jobs to Workers
Creating Good Jobs.
Pursuant to FEMA Information Bulletin No. 520, the CONSULTANT will comply with all
applicable federal labor and employment laws. To maximize cost efficiency and quality of
work, the CONSULTANT commits to strong labor standards and protections for the project
workforce by creating an effective plan for ensuring high-quality jobs and complying with
federal labor and employment laws. The CONSULTANT acknowledges applicable minimum
wage, overtime, prevailing wage, and health and safety requirements, and will incorporate
Good Jobs Principles wherever appropriate and to the greatest extent practicable.
Buy Clean
COUNTY encourages the use of environmentally friendly construction practices in the
performance of this Agreement. In particular, COUNTY encourages that the performance of
this agreement include considering the use of low-carbon materials which have substantially
lower levels of embodied greenhouse-gas emissions associated with all relevant stages of
production, use, and disposal, as compared to estimated industry averages of similar
materials or products as demonstrated by their environmental product declaration
Florida Department of Emergency Managrement (FDEM or Division) Requirements.
If funded by FDEM, the CONSULTANT is bound by any terms and conditions of the Federally-
funded subaward and Grant Agreement between County and the Florida Division of Emergency
Management (Division).
The CONSULTANT shall hold the Division and COUNTY harmless against all claims of
whatever nature arising out of the performance of work under this Agreement,
to the extent allowed and required by law.
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On Call Professional Engineering Services Contract
ATTACHMENT A
CONSULTANT RATES
-44-
Monroe County
Job ClassContract Maximum
Rate
Principal-in-Charge $ 340.00
Senior Professional $ 325.00
Project Professional $ 260.00
Professional $ 220.00
Analyst $ 170.00
Senior Tech Support Staff $ 225.00
Tech Support Staff $ 150.00
Clerical Staff $ 135.00
CEI Assist Project Administrator/Project Engineer $ 220.00
CEI Contract Support Specialist $ 170.00
CEI Inspector/Engineer Intern $ 170.00
CEI Inspector's Aide $ 150.00
CEI Project Administrator/CEI Project Engineer $ 260.00
CEI Res Compliance Specialist/Secretary/Clerk Typist $ 135.00
CEI Senior Inspector/Senior Engineer Intern $ 225.00
CEI Senior Project Engineer $ 325.00
Cultural Resources Senior Scientist (Senior Architect $ 235.00
Cultural Resources Senior Archaeologist $ 235.00
Cultural Resources Scientist (Architectural Historian) $ 180.00
Cultural Resources Project Manager $ 250.00
Cultural Resources Chief Archaeologist $ 265.00
Cultural Resources Archaeologist $ 150.00
Materials Chief Geotechnical Engineer $ 213.75
Materials Senior Geotechnical Engineer $ 174.35
Materials Project Geotechnical Engineer $ 143.66
Materials Geotechnical Engineer Intern $ 100.72
Materials Geotechnical Engineering Technician $ 106.57
Materials Engineering Technician $ 83.28
Materials Secretary/Clerical $ 77.75
Public Information Senior Community Outreach $ 220.00
Public Information Outreach Specialist $ 160.00
Public Information Assistant Community Outreach Specialist $ 140.00
Environmental Principal Scientist $ 295.00
Environmental Chief Engineer/Scientist $ 330.00
Environmental Senior IIIScientist $ 260.00
Environmental Senior IIScientist $ 240.00
Environmental Senior I Scientist $ 185.00
Environmental Project II Scientist $ 175.00
Environmental Project I Scientist $ 160.00
Environmental Staff II Scientist $ 155.00
Monroe County
Job ClassContract Maximum
Rate
Environmental Staff I Scientist $ 150.00
Environmental Technician $ 125.00
Environmental Intern $ 110.00
Environmental GIS/CADD Analyst $ 160.00
Environmental GIS/CADD Technician/Specialist $ 225.00
Surveying Principal Surveyor $ 293.00
Surveying CADD Technician/Draftsperson $ 98.00
Surveying Party Chief $ 114.00
Surveying Instrument Person $ 82.00
Surveying Rod Person $ 54.00
Surveying Project Manager $ 247.00
Surveying Senior Surveyor & Mapper $ 179.00
Surveying Surveyor & Mapper $ 143.00
Surveying Senior Utility Coordinator $ 191.00
Surveying Utility Coordinator $ 125.00
Surveying 2 Person Survey Crew $ 195.00
Surveying 3 Person Survey Crew $ 249.00
Surveying 4 Person Survey Crew $ 303.00
Surveying 2 Person Designating/Locating Crew $ 205.00
Surveying 3 Person Designating/Locating Crew $ 258.00
Surveying 4 Person Designating/Locating Crew $ 311.00
Surveying Chief Surveyor $ 223.00
Surveying Mobile Survey Analyst 1 $ 97.00
Surveying Mobile Survey Analyst 2 $ 114.00
Surveying Mobile Survey Analyst 3 $ 124.00
Surveying Survey Technician 3 (Senior) $ 127.00
On Call Professional Engineering Services Contract
ATTACHMENT B
COUNTY FORMS
-45-
RFQforOnCallProfessionalEngineeringServices
SECTIONTHREE:RESPONSEFORMS
RESPONSEFORM
RESPONDTO:MONROECOUNTYBOARDOFCOUNTYCOMMISSIONERS
c/oPURCHASINGDEPARTMENT
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEYWEST,FLORIDA33040
No.1on10/10/25;No.2on10/24/25;No.3on10/24/25
IacknowledgereceiptofAddendaNo.(s)
No.4on10/29/25
I haveincluded:
o TheSubmissionResponseForm
o Lobbying and Conflict ofInterest Clause
o Non-CollusionAffidavit
o DrugFreeWorkplaceForm
o AffidavitAttestingtoNoncoerciveConductforLabororServices
o VendorCertificationRegardingScrutinizedCompaniesList
o MinorityOwnedBusinessDeclaration
o InsuranceandIndemnificationStatement
o InsuranceStatement
o PublicEntityCrimeStatement
o CertificationRegardingLobbying(44C.F.R.Part18
Appendix)
Inaddition,Ihaveincludedacurrentcopyofthefollowingprofessionalandoccupational
licenses:
Professionallicensesandcertificationofthefirmandsubconsultants.
(Checkmarkitemsabove,asareminderthattheyareincluded.)
305.673.2025
2AlhambraPlaza,Suite500,CoralGables,FL33134
MailingAddress:Telephone:
LeonteAlmonte,PE305.535.7750(ProjectManager)
N/A
Fax:
BurtBaldo,PE305.535.7777(Principal-in-Charge)11/5/25
Date:
Signed:Witness:
(Seal)
LeonteAlmonte,PE
(Name)
VicePresident
(Title)
-58-
RFQforOnCallProfessionalEngineeringServices
AFFIDAVITATTESTINGTONONCOERCIVECONDUCT
FOR LABOR OR SERVICES
Entity/VendorName:
Kimley-HornandAssociates,Inc.
VendorFEIN:
56-0885615
AuthorizedRepresentative:
LeonteAlmonte,PE,VicePresident
(NameandTitle)
2 Alhambra Plaza, Suite 500
Address:
Coral GablesFL33134
City: State: Zip:
305.673.2025
Phone Number:
EmailAddress:Leo.Almonte@Kimley-Horn.com
As a nongovernmental entity executing, renewing, or extending a contract with a
government entity, Vendor is required to provide an affidavit under penalty of
perjury attesting that Vendor does not use coercion for labor or services in
accordance with Section 787.06, Florida Statutes.
AsdefinedinSection787.06(2)(a),coercionmeans:
1.Usingorthreatingtousephysicalforceagainstanyperson;
2.Restraining, isolating, or confining or threatening to restrain, isolate, or
confine any person without lawful authority and against her or his will;
3.Using lending or other credit methods to establish a debt by any person
when labor or services are pledged as a security for the debt, if the value of
the labor or services as reasonably assessed is not applied toward the
liquidation of the debt, the length and nature of the labor or service are not
respectively limited and defined;
4.Destroying, concealing, removing, confiscating, withholding, or possessing
any actual or purported passport, visa, or other immigration document, or
any other actual or purported government identification document, of any
person;
5.Causingorthreatingtocausefinancialharmtoanyperson;
6.Enticingorluringanypersonbyfraudordeceit;or
7.Providing a controlled substance as outlined in Schedule I or Schedule II of
Section 893.03 to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Vendor, I certify under penalties of
perjury that Vendor does not use coercion for labor or services in accordance with
Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida
Statutes, and agrees to abide by same.
LeonteAlmonte,PE,VicePresident
CertifiedBy:,whois
authorizedtosignonbehalfoftheabovereferencedcompany.
Authorized Signature:
Leonte Almonte, PE
Print Name:
Vice President
Title:
-62-
RFQforOnCallProfessionalEngineeringServices
VENDORCERTIFICATIONREGARDINGSCRUTINIZEDCOMPANIESLISTS
ProjectDescription(s):ContinuingContractsforOnCallProfessionalEngineeringServices
Kimley-Horn and Associates, Inc.
Respondent Vendor Name: _
Vendor FEIN: _56-0885615
LeonteAlmonte,PE,VicePresident
AuthorizedRepresentativeNameandTitle:_
2AlhambraPlaza,Suite500
Address:
City:CoralGables State: FL Zip: 33134
305.673.2025
PhoneNumber:
EmailAddress:Leo.Almonte@Kimley-Horn.com
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering
into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the
company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725,
Florida Statutes, or is engaged in a Boycott of Israel.Section 287.135, Florida Statutes, also prohibits a
company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or
services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created
pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, Ihereby certify that the company identified above in
List or engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the
Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may
County may be terminated, at the option of the County, if the company is found to have submitted a false
certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott
of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or
Syria.
Certified By: ,whoisauthorizedto
Leonte Almonte, PE, Vice President
sign on behalf of the above referenced company.
Authorized Signature:
Print Name:
Leonte Almonte, PE
Title:
VicePresident
Note:TheListareavailableatthefollowingDepartmentofManagementServicesSite:
http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspende
d_discriminatory_complaints_vendor_lists
-63-
RFQforOnCallProfessionalEngineeringServices
MinorityOwnedBusinessDeclaration
Kimley-HornandAssociates,Inc.
,asub-contractorengagedbyMonroeCountyduringthecompletionof
work associated with the below indicated project
(Checkone)
isaminoritybusinessenterprise,asdefinedinSection288.703,FloridaStatutes
or
isnotaminoritybusinessenterprise,asdefinedinSection288.703,FloridaStatutes.
F.S. 288.703(3)
(6)(see below) which is organized to engage in commercial transactions, which is domiciled in Florida, and
which is at least 51-percent-owned by minority persons who are members of an insular group that is of a
particular racial, ethnic, orgender makeup or nationalorigin,which hasbeensubjected historically to disparate
treatment due to identification in and with that group resulting in an underrepresentation of commercial
persons. A minority business enterprise may primarily involve the practice of a profession. Ownership by a
minority person does not include ownership which is the result of a transfer from a nonminority person to a
minoritypersonwithinarelatedimmediatefamilygroupifthecombinedtotalnetassetvalueofallmembersof
parent residing in the same house or living unit.
200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more
than$5millionoranyfirmbasedinthisstatewhichhasaSmallBusinessAdministration8(a)certification.As
applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and
business investments.
ContractormayrefertoF.S.288.703formoreinformation.
Contractor
11/5/25
Date:
Signature
LeonteAlmonte,PE
PrintName:
Title:
VicePresident
2AlhambraPlaza,Suite500
Address:
City/State/Zip CoralGables,FL33134
ForMonroeCountyVerification:
Title/OMBDepartment:
Verifiedvia:ŷƷƷƦƭʹΉΉƚƭķ͵ķƒƭ͵ƒǤŅƌƚƩźķğ͵ĭƚƒΉķźƩĻĭƷƚƩźĻƭ
-64-
RFQ for On Call Professional Engineering Services
Insurance and Indemnification Statement
Insurance Requirement Required Limits
Compensation Statutory Limits
Liability $1,000,000/$1,000,000/$1,000,000
General Liability $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,
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 the completion of the project (to include the work of others) is delayed or
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 to the extent caused by the negligence,
rechlessness, or intentially wrongful conduct of 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 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.
FDOT INDEMNIFICATION
To the extent provided by law, CONSULTANT shall indemnify, defend, and hold
harmless the COUNTY and the State of Florida, Department of Transportation,
-65-
RFQforOnCallProfessionalEngineeringServices
claims, or damages arising out of, relating to,orresultingfromnegligentor
wrongfulact(s)of CONSULTANT,oranyofitsofficers,agents,or employees,
acting within the scope of their office or employment, in connection with the rights
granted to or exercised by CONSULTANT.
immunitybeyond thelimitsset forthinFloridaStatutes,Section
768.28.Norshallthesamebeconstruedtoconstituteagreementby
CONSULTANTtoindemnify COUNTYforthenegligent acts or omissions of
COUNTY, its officers, agents, or employees, or third parties.Nor shall the same be
construed to constitute agreement by CONSULTANT to indemnify the Department for
thenegligentactsoromissionsoftheDepartment,itsofficers,agents,or
employees, or third parties. This indemnification shall survive the termination of this
STATEMENT
Iunderstandtheinsurancethatwillbemandatoryifawardedthecontractandwillcomply infullwith
all the requirements.
LeonteAlmonte,PE,VicePresident
RespondentSignature
-66-
RFQforOnCallProfessionalEngineeringServices
INSURANCEAGENT'SSTATEMENT
Ihavereviewedtheaboverequirementswiththebiddernamedbelow.Thefollowing
deductibles apply to the corresponding policy.
POLICYDEDUCTIBLES
Workers Compensation/Employers' Liability
$0
$0
AutomobileLiability
$0
GeneralLiability
ProfessionalLiability
$0
Liability policies areOccurrenceClaimsMade
GreylingInsuranceBrokerage
InsuranceAgencySignature
LeonteAlmonte,PE,VicePresident
PrintName:
-67-
Leonte Almonte, PE, Vice President
RFQ for On Call Professional Engineering Services
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding $100,000)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2.If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete
and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance
with its instructions.
3.The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352,
title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Kimley-Horn and Associates, Inc.
The Contractor,_____________________, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38,
Administrative Remedies for False Claims and Statements, apply to this certification
and disclosure, if any.
___________________________________
Signature of Contractor’s Authorized Official
Leonte Almonte, PE, Vice President11/5/25
_________________________________________________________
Name and Title of Contractor’s Authorized Official Date
-69-
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