Item L3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 17, 2002
Division:
Growth Management
Bulk Item: Yes
No X
Department: N/ A
AGENDA ITEM WORDING: Approval of an URS Corporation Southern contract to conduct the Big Pine
Cross-Island Connector Study.
ITEM BACKGROUND: On January 17, 2002, the Board of County Commissioners approved Resolution
031-2002 authorizing a consultant study to evaluate route alternatives for a proposed Big Pine Key cross-island
connector. The project will be funded with transportation impact fees as authorized by the BOCC in its initial
resolution.
The Growth Management Division staff proposes to utilize the services of URS Corporation Southern to
conduct the study. This firm has been under contract for five years as the transportation planning and
engineering consultant to the County and has key personnel who have been directly involved with transportation
planning and engineering analyses and studies for the Big Pine Habitat Conservation PlanlLivable
CommuniKeys Planning Program.
The existing Monroe County - URS Corporation Southern Contract is proposed to be amended by $93,000,
bringing the total contract amount from $595,000 to $688,000. URS Corporation Southern has already billed
the County or has been authorized work totaling $595,000.
A scope of work for additional services is included in the proposed Amendment #5 to the Monroe County _
URS Corporation Southern Contract. It is estimated that the study will take five to six months to fully complete.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the Monroe County - URS Corporation
Southern Contract on March 3, 1997, which has since been amended four times. The BOCC approved
Resolution 118-2002 authorizing the consultant study.
CONTRACT/AGREEMENT CHANGES: Increase total compensation from $595,000 to $688,000; and
amends Exhibit A, Scope of Services to add a Task 3, "Big Pine Key Cross-Island Connector Study."
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
$93,000 (study only)
BUDGETED: Yes X
No
COST TO COUNTY: $93,000
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/A Year
APPROVED BY:
County Arty X
Risk Management _X_
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included --L
To Follow
AGENDA ITEM #
J3
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
U R S Cn,.ttAfO-\t.MI Soo~AContract #
Effective Date:
Expiration Date:
3/3/97
Contract Purpose/Description:
"'</~
Contract Manager: ~I \~~ T.lA(.~l
(Name)
for BOCC meeting on iII/71''']-
~r'l9
(Ext. )
ro.uU.. MCNl e ~ it II
(DepartmentlS op #)
Agenda Deadline: &;I-/2o/O"Z.-
CONTRACT COSTS
Total Dollar Value of Contract: $ '1.3.. O~O
Budgeted? Yes[g" No D Account Codes:
Grant: $ ___
County Match: $
Current Year Portion: $
9~ooo
~r-t"
. M,d6\e
Lo~
----
----
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $ ~/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
----
CONTRACT REVIEW
Division Director
Changes
Date In Needed ~
t.JfJ~/t/L/YesDNoff ~
Lf /111 () 2- YesD NoB (I
i
Date Out
4/1 ~
Risk Management
i+ I [\ I ~ '2-
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O.M.B./Purchasing YesD No 'I-II-Of....-
County Attomey WI/c;;; YeSDNO~
Comments: O~ f!..-L~.::;UL-d .--u~ 41?~~ ~ptl " VUA.-- ~
{',u-r":rJ .al'~Lvc :-uf-'- lL- ~~ ri: () 0 (). V!u' {e L(~~~ {',.( ,zt,ULd ~
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evised 2/27/01 MCP #2
AMENDMENT #5 TO
AGREEMENT BETWEEN MONROE COUNTY
AND URS CORPORATION SOUTHERN,
DATED MARCH 3,1997
The Board of County Commissioners and URS Corporation Southern, hereby agree to
amend the subject Agreement as follows:
o The first sentence of Section 5.1 is amended to read as follows:
"The maximum compensation available to the CONSULTANT under this
agreement is $688,000.
o Exhibit "A", Scope of Services, is amended to add a new Task 3, which reads as
follows:
"TASK 3: BIG PINE KEY CROSS CONNECTOR STUDY (Work Order # 7a)
1. PURPOSE
The purpose of the Big Pine Key Cross Connector Study is to develop and
evaluate alternatives for a cross-island connector road on Big Pine Key north of
U.S. Highway 1 as proposed in the draft Habitat Conservation Plan for Big Pine
Key and the Livable CommuniKeys master planning process. This facility is
intended to reduce the amount of vehicular traffic needing to use US Highway 1
for internal Big Pine Key trips, improving the level of service on U.S. Highway 1
to Level "C", and provide safer and more convenient access for Big Pine Key
residents to trip destinations on Big Pine Key north of U.S. Highway 1.
2. TECHNICAL STEERING COMMITTEE
The Consultant shall work under the direction of a Technical Steering Committee
chaired by the Growth Management Division Director with a representative from
the U.S. Fish and Wildlife Service, Florida Department of Community Affairs,
and Florida Department of Transportation, and the Monroe County Planning
Director and Engineer. This Committee shall provide guidance and input to the
Consultant during the course of the Study.
In addition to the public work shop and public hearing called for under the Work
Task section of this scope of services, the Consultant shall meet with the
Technical Steering Committee a minimum of two times, unless otherwise
approved by the Director of Growth Management Division, to receive input and
direction on the following work tasks prior to their completion: (1) identification
of conceptual corridors and alignment alternatives and the design and evaluation
criteria to be used to evaluate the alternatives; and, (2) preparation of preferred
alternative.
Page 1 of 4
3. WORK TASKS
The Study shall consist of the following work tasks to be performed by the
Consultant in cooperation with the Technical Steering Committee, County
Engineer and Planning and Environmental Resources Department staff:
A. Data Collection. Basic engineering and planning background data shall be
collected necessary to perform an adequate evaluation of existing conditions and
development alternatives and their associated impacts and to prepare a preferred
alignment and preliminary design alternative. These data shall include but not be
limited to: natural and man-made features from existing GIS data base; property
ownership and assessed values from existing county data base; traffic information
from existing studies, including the Big Pine Key Transportation Improvement
Study completed for the Habitat Conservation Plan; accident data; existing
transportation and related plans; and other related reports, studies, and legal and
real estate instruments affecting route selection. The physical data will be
incorporated into a CADD data base that is compatible for use in ARC View and
on aerial photography used for public presentations, corridor maps, and
alternative alignments.
B. Engineer and Planning Analyses of Alternatives. The following work sub-
tasks shall be performed as part of the engineering and planning analyses:
1. Project Need: The consultant shall verify and quantify, using modeling
and other transportation planning techniques, the purpose and need for the
cross-island connector and shall identify input from the Technical Steering
Committee specific preliminary design and evaluation criteria for the
proposed facility, including engineering, planning, community impact,
policy, and economic factors.
2. Conceptual Corridor and Alignment Alternatives: The consultant shall
identify potential route corridors for the connector with input from the
Technical Steering Committee that help achieve the specific purposes and
need for the facility based on the Livable CommuniKeys Planning Process
and the draft Habitat Conservation Plan and in consultation with the
Technical Steering Committee. Based on the selection of viable corridors,
the consultant shall prepare up to two alternative alignments for each
corridor with multiple typical sections and sub-alternatives for each main
alignment. The consultant shall model each main alignment for existing
and projected traffic movements and volumes. A preliminary roadway
design shall be prepared for each alignment, including typical cross
section, horizontal alignment, lighting, traffic control and calming
measures, and bicycle/pedestrian facilities.
3. Cost Analysis: The consultant shall prepare preliminary construction
cost estimates for each alternative.
Page 2 of4
4. Comparison and Evaluation of Alternatives: The consultant shall
evaluate each alternative alignment based on preliminary design and
evaluation criteria identified in Work Sub-Task B 1 above and prepare a
written analyses and comparison matrix which shall include quantitative
(numbers) and qualitative comparisons. This analysis shall include an
evaluation of a no-build alternative. Special emphasis shall be given to
impacts on existing neighborhoods. This comparison and evaluation shall
include recommendations on design alternatives in order of preference.
')
,
5. Community Review and Input: In consultant shall assist the County
staff to conduct a public workshop on Big Pine Key to receive input from
the community on the preliminary design and alignment alternatives and
the public's issues and concerns related to each alternative.
C. Preferred Alternative. The follow sub-tasks shall be conducted as part of
the preferred alternative selection task:
1. Preferred Alternative Selection: The consultant shall recommend a
preferred alternative based on a review and analysis of all engineering,
planning, and public issues related to the proposed project, including
designation of rights-of-way acquisition areas. This alternative shall
incorporate any alignment or design changes resulting from a final
analysis of all engineering and public input issues.
2. Presentation to the Planning Commission: The consultant shall prepare
a draft report with recommendations on the preferred alternative for
presentation to the Planning Commission at a public hearing.
3. Presentation to Board of County Commissioners: The consultant shall
prepare a final draft report with recommendations on the preferred
alternative for presentation to the Board of County Commissioners. A
final draft report will include appropriate information on acquisition areas.
4. WORK PRODUCTS AND SCHEDULE
Initiation of work on the Study shall commence when the Consultant receives a
written Notice to Proceed from the Director of Growth Management. The
following are the products and completion schedule that shall be followed by the
Consultant:
o Preparation and submittal to Technical Steering Committee of 10
copies of a draft Alternatives Evaluation Report covering Work
Tasks A and B by no later than 90 days from the date of the notice
to proceed by the Director of Growth Management.
Page 3 of4
o
Preparation and submittal of 15 copies of a revised Alternatives
Evaluation Report based upon review comments of Technical
Steering Committee within 7 days of receiving review comments.
o
Preparation and submittal to Technical Steering Committee of 10
copies of a draft Recommended Preferred Alternative Report Work
Subtask C 1. within 21 days of the public workshop held under
Work Task C.
o
Preparation and submittal to Growth Management Division of 30
copies, including a master file in Word format on CD or floppy
disk, of the final report within 21 days of the Board of County
Commissioners public hearing on the Study, documenting all work
completed under the scope of services for this Study.
5. COSTS
$93,000"
All other provisions of the Agreement between the Monroe County Board of County
Commissioners and URS Corporation Southern shall remain in full force and effect.
ATTEST: Danny L. Kolhage, Clerk
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
Date:
ATTEST:
URS CORPORATION SOUTHERN
By:
By:
Manager
Date:
Page 4 of 4
~_.1
~- /'L-r I .
AMENDMENT NO.1 TO
AGREEMENT BETWEEN MONROE COUNTY
AND URS CONSULTANTS, INC.,
DA TED MARCH 3, 1997
The Board of County Commissioners and URS, Consuffants. Inc.. hereby agree to
amend the subject Agreement to read as follows:
· Throughout the contract: Change URS. Cons uffan ts. Inc.. to read URS GREINER.
Inc.
· the first sentence of Section 5. 1 :
"The maximum compensation available to the Consultant under this agreement
is $295,000.00."
· Section 5.3 The hOUrly billing rates of the CONSULTANT used in calcUlating the
compensation due are: .
Position
Rate
11/1/98 to 10/31/99
Rate
11/1/99 to 10/31/00
Project Manager
Principal
Senior Trans. Eng.lPlanner
Transportation Eng.lPlanner
Jr. Transport. Eng.lPlanner
CADD/Graphic Technician
Clerical
$97.47
$157.76
$99.97
$71.85
$48.76
$41.22
$33.96
$101.30
$165.65
$104.97
$75.44
$51.20
$43.28
$35.65
All other provisions of the Agreement Between Monroe County Board of County
Commissioners and URS. Consuffants. Inc.. shall remain in full force and effect.
"'-
,
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:"-U', ,~... ~ ~ . _~ .... ~
Mayor/Chairman
By:
Assistant Secretary
URS GREINER, Inc.
l..
By )i hJ ); h ,
/ Vice President
,
DocumenvconsulVursamend1.dOc
AMENDMENT NO.2 TO
AGREEMENT BETWEEN MONROE COUNTY AND
URS GREINER, INC.,
DATED MARCH 3, 1997
The Board of County Commissioners and URS GREINER, Inc. hereby agree to amend the
subject Agreement to read as follows:
· Throughout the contract: Change URS GREINER, Inc., to read URSGREINER Woodward
Clyde, Inc.
· The first sentence of Section 5.1:
liThe maximum compensation available to the Consultant under this agreement is $395,000.00"
All other provisions of the Agreement between the Monroe County Board of County
Commissioners and URS GREINER, Inc., shall remain in full force and effect.
/,~nny L. Kolhage, Clerk BOARD OF COUNTY
.c.J%1~~ ~g~~~~~~~~~~LORfDA
\.' -AY\C_~":':_.'I"; /? By:\..J~"b~L"'~""" ~ . __~-
'\; B :,'.J .J "oIt-") ....&. . . " -. ,
-"-...:.: ~~.:-R . uty CI rk Mayor/Chairman
ATTEST:
Assistant Sec:etary
URS Greiner Woodward Clyde, Inc.
,~/ / //} .
I' ,~_...,. f_jr.., ./;~"~.
Vice President
By:
By:
'-"
AMENDMENT #3 TO
AGREEMENT BETWEEN MONROE COUNTY
AND URS CORPORATION SOUTHERN,
DATED MARCH 3,1997
The Board of County Commissioners and URS Corporation Southern, hereby agree to
amend the subject Agreement as follows:
. .
· Throughout the contract: Change URS GREINER Woodward Clyde, Inc. to read
URS Corporation Southern.
· The first sentence of Section 5.1:
"The maximum compensation available to the Consultant under this agreement is
$495,000.00."
· Section 5.3 The hourly billing rates of the CONSULTANT used in calculating the
compensation due are:
Position
Rate
11/1/99 to 10/31/00
Rate
11/1/00 to 10/31/02
Project Manager
Principal
Senior Transp. Eng.lPlanner
Transportation Eng.lPlanner
Jr. Transp. Eng.lPlanner
CADD/Graphic Technician
Clerical
$101.30
$165.65
$104.97
$75.44
$51 .20
$43.28
$35.65
$121.78
$141.27
$116.29
$83.33
$58.21
$51.61
$31.89
All other provisions of the Agreement between Monroe County Board of County
-Commissioners and URS Consultants, Inc. shall remain in full force and effect.
Deputy Clerk
BOARD OF COUNTY
COMMISSIONERS OF
I MONROE~UN~ID:cJ-
~~g- (s
Mayor/Chairman
ATTEST: Y;~6-/AhA ~sc:.
URS Corporation Southern
By:
By:
APPRO D AS TO FORM
~EGAL~
BY ~
Attorn~y's Offic~ . ~
AMENDMENT #4 TO
AGREEMENT BETWEEN MONROE COUNTY
AND URS CORPORATION SOUTHERN,
DATED MARCH 3, 1997
The Board of County Commissioners and URS Corporation Southern, hereby agree to
amend the subject Agreement as follows:
· The first sentence of Section 5.1:
"The maximum compensation available to the Consultant under this agreement is
$595,000.00."
This amendment will provide funds for additional work to be accomplished for
Monroe County as requested by the Planning Department including the 2002 Travel
Time Delay Study, traffic data collection and a trip length survey. All other
pr9vi~il:.ms of the Agreement between Monroe County Board of County
Porflrnissloners and URS Corporation Southern shall remain in full force and effect.
'.' '=- "xi ~s==v ,-,,:<.> ,.
.' , : J'\" .,
". ,.' ....l.J ~r" ',---. . . .,
-'~ '. .~-~A~j' r~r p;~ny L. Kolhage, Clerk
':r(;~!~5;/ ~ .'
-'d
'~'::::'T-/~ . ,
/
By: ~ /
, Dep~Clerk
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COrrbTY. FLORIDA
By: ~
Mayor/Chairman
ATTEST:
By:
i ,r , //~I.I ~
'i1.L 7'c1L':):~~A/ /0.~
Assistant Secretary
i./
B
MONROE COUNTY
TRANSPORTATION PLANNING SERVICES
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into this -)/:o day of tJZ;/:.J'i, ,
1997, by and between the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,
Monroe County, Florida, referred as the "CLIENT" , and URS
Consultants, Inc., with offices located at 5200 NW 33rd Ave., Suite
201, Fort Lauderdale, FL 33309, hereinafter referred to as the
CONSULTANT.
WHEREAS, the CLIENT has determined that it is necessary, expedient,
and to the best interest of the CLIENT to retain a CONSULTANT to
render and perform consulting and other professional services in
connection with the providing technical assistance to Monroe County
in the area of transportation planning services.
WHEREAS, THE CLIENT desires to engage the CONSULTANT on a contract
basis, for work assignments, as per the authorization procedures
hereinafter set forth.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
SECTION 1. EMPLOYMENT OF THE CONSULTANT
1.. _ __ .
----- - ....1.._ ....'"'''TC!T''n'....'l\~..,'T' ..,-~ ....1.._ -:::.3ULTANT agrees to
perform services hereinafter described.
SECTION 2. SCOPE OF SERVICES
The CONSULTANT shall do, perform and carry out in a professional and
proper manner certain duties as described in the Basic Scope of
Services - Exhibit "A" - which is attached hereto and made a part of
this agreement.
SECTION 3. CLIENT'S RESPONSIBILITIES
The CLIENT shall complete the following in a timely manner so as not
to delay the services of the CONSULTANT:
3.1 Provide all best available date and base maps as to the
---...,........,. w .~""'S.......Cl&.a.C.&.....w ...v"'- """"...... ~ww~'::t4"'l.l~.....,-w. _,"-W_::;'..___
writing a person with authority to act on the CLIENT's
behalf on all matters ~oncerning the Work Assignment.
CONTRACT.Ol/TXTPLOWl
2
3.2 Furnish to thE=' (, 't>/SULl'ANT all existing plans, studies.
reports, and other. available data pertinent to the work
described in Exhibit "A", and obtain or provide additional
reports and data as required by the CONSULTANT. The
CONSULTANT shall be entitled to use and rely upon such
information and services provided by the CLIENT or others in
performing the CONSULTANT's services.
3.3 Arrange for access to and make all provisions for the
CONSULTANT to enter upon public and private property as
reasonably required, and legally allowed, for the CONSULTANT
to perform services hereunder. Any obstruction to such
access by private property owners shall not constitute a
basis for waiver of any other required entries on to public
and private property, nor shall it provide a basis for
termination of the contract. In the event that such access
is so obstructed, CONSULTANT and CLIENT shall work together
to resolve the difficulty in a timely manner.
3.4 Perform such other functions as are indicated in Exhibit
"A" including but not limited to scheduling all meetings, .
work sessions, and hearings associated with the performance
of the CONSULTANT's work, including preparation of minutes
and records.
SECTION 4. TIME OF COMPLETION
The services to be rendered bv the CONSULTANT for each individual
..."".....11- '-'rder - cquest: .::>!...",,__ ....<:: commenced upon written notice from
CLIENT and the work shall be completed in accordance with the
schedule mutually agreed to by the CLIENT and CONSULTANT, unless it
shall be modified in a signed document, by the mutual consent of the
~LIENT and CONSULTANT. Subsequent services shall be performed in
accoraance w~t:n scneau~c~ o~ per~ormanc~ wn~cn sna~~ oe m~~_a__i
agreed to by CLIENT and CONSULTANT.
SECTION S. COMPENSATION
S.l The maximum compensation available to the CONSULTANT under
this agreement is $195,000.00. CONSULTANT acknowledges that
the funding for this Agreement is provided by a grant from
the State Department of TLansportation. If that funding is
terminated and the CLIENT elects not to continue funding,
then the CLIENT must immediately notify the CONSULTANT of
the termination. The CONSULTANT must immediately cease
...--.-. -....--- ----- -.~- --...-.-- . ....- --..- -----. - -- ----.I -....-- -- --
to payment for work performed up to the date it received the
CLIENT's notice of termination.
::N'1'RAC'l'.Ol./TXTFLOWB
3
"5.2 The l;i.lRNT agrees to pay the-e0NSULTAl'n OIl i...ilt:: lump sum
basis for each individual work order request, including all
direct expenses (as per Section 112.061 Florida Statutes)
associated herewith. These services shall be reimbursed
based on CONSULTANT's hourly rates with direct expense
reimbursement per Section 112.061 Florida Statutes, or as
additional lump sum payments as may be mutually agreed by
CLIENT and CONSULTANT. Any disagreement regarding which
items are reimbursable shall be submitted to the County
Clerk for determination and whose decision shall be final.
5.3 The hourly billing rates of the CONSULTANT used in
calculating the compensation due are:
Position
Rate
Thru 11/1/97
Project Manager
Principal
Senior Trans.Engr./Plan
Trans. Engr.Planner
Jr. Trans. Engr./Planner
CADD/Graphics Tech
Clerical
87.52
143.10
90.69
65.18
44.23
37.39
30.81
SECTION 6. PAYMENT TO CONSULTANT
Rate
11/1/97 - 11/1/98
91.88
150.25
95.21
68.43
46.44
39.26
32.34
~ , CONSULTANT ~t~:: submit monthly invoices and progress
reports for services rendered ~n each individual
work order being performed by the CONSULTANT.
The CLIENT shall make payments in response to CONSULTANT's
~~v~i~~~ wi~~i~ ~~~.'r-Ftv~ (45) davs nf the invnice date.
'.2 If the CLIENT fails to make any payment due to the
CONSULTANT for services and expenses within forty-five (45)
days after the invoice dates, the CONSULTANT may, after
giving seven (7) days written notice to the CLIENT,
suspend serTices un:il the CONSUL~ANT has been paid i~ :~::
all amounts due for services.
~CTION 7. AUTHORIZATION OF WORK ASSIGNMENTS
1 All work assignments beyond or in addition to EXHIBIT "A"
shall be authorized in a signed document in accordance with
the CLIENT's policy prior to any work being conducted by the
CONSULTANT.
2 Additional authorizations may contain additional
instructions or provisions specific to the authorized work
for the purpose of clarifying certain aspects of this
-uc:T. Ol/TXTPLOWB
4
Agreement pertinent to the work to be undertaken. Such
supplemental instruction or provisions shall not be
construed as a modification of this Agreement.
Authorizations shall be dated and serially numbered.
SECTION 8. COST CONTROL
8.1 The CLIENT's budgetary requirements and considerations in
respect of the Work Assignments, including those for any
subcontractors, shall be set forth in said Work Assignment.
8.2 Opinions of probable construction cost, financial
evaluations, and feasibility studies prepared by the
CONSULTANT under the Work Assignment will be made on the
basis of the CONSULTANT's best judgment as an experienced
and qualified professional. It is recognized, however,
that the CONSULTANT does not have control over the cost of
labor, material, equipment, or services furnished by others
over market conditions or contractor's methods of
determining their prices, and that any utilitarian
evaluation of any facility to be constructed or work to b~
performed on the basis of the Work Assignment must be of
necessity speculative. Accordingly, the CONSULTANT does not
guarantee that proposals, bids, or actual costs will not
vary from opinions, evaluations, or studies submitted by the
CONSULTANT to the CLIENT thereunder.
SECTION 9. NOTICES
All notices, requests and authorizations provided for herein shall be
, - ~ ,..., ~ ~-o"'- "'-,",""",,"o....~ ",.......- "'~ '" 1 1 ....'" ...-'" 1 ~ 'ro.....o...- -~ ~ , 0"'- to the
addresses as follows:
To the CLIENT:
Monroe County Board of County
__"..,....to.....;;'-'__....__ ~
c/o
Monroe County Planning Department
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
Attention: Planning Director
To the CONSULTANT: URS Consultants, Inc.
5200 NW 33rd Ave., Suite 201
Fort Lauderdale, Florida 33309
Attention: Raj Shanmugan, P.E. (Project)
or
Attention: Hugh W. Miller, P.E. (Contract)
or addressed to either party it such other addresses as such party
shall hereinafter furnish to the other party in writing. Each such
notice, request, or authorization shall be deemed to have been duly
CONTRACT.01/TXTFLOWB
S
given when so delivereq. or, if__m~jled, when deposited in ~~ mails,
registered, postage paid.
10.1
SECTION 10. GENERAL CONDITIONS
10.2
10.3
_..J.'S
J.5
All documents created or prepared by CON~ULTANT and which
are necessary for the fulfillment of this agreement,
including reproducible copies of original drawings
estimates, specifications, field notes, and date are and
remain in the property of the CLIENT. In the event the
CLIENT uses said documents on any projects not covered i~
this contract, it shall indemnify and save harmless
CONSULTANT from all damages, including legal fees and costs,
resulting from the reuse of said documents.
This Agreement may be terminated by either party with or
without cause by thirty (30) days written notice to the
other party. In the event of any termination, the CONSULTANT
will be paid for all services rendered and reimbursaDle
expenses incurred to date of termination. The CLIENT will.
receive all work product performed, in whatever manner, as
of the date of termination. Termination due to
nonappropriation or funding termination must be done under
para.S.1.
The CLIENT and CONSULTANT each is hereby bound and the
partners, successors, executors, administrators, and legal
~o""-o<=!o""""'''~~ro~ -~ ...1-,,,,, f"TT'C''I'.'fOT'' ,.,...~ /""f'I'I'.TCTTT'T"r,Jl.T'T" """'0 l-."'....."'....'r
--t;:"----------. -- -- ---- ----....... ---- ------------ --- *-----"i
bound to the other party of this Agreement and to the
partners, successors, executors, administrators, and legal
representative (and said assigns) of such other ~___~ I ~__
respect of all covenants, agreements, and obligations of
this agreement.
lne I...U.l......:Ju.uJ..t'U~.I. :::>L...a....... nor:: a.1::H:i.l.~Il, ::iu..u~t::L.. UL L.L.c:::i.H::iJ..t::J.. cu",}'
rights under or interest in (including, but without
limitations, moneys that may become due or moneys that are
due) this agreement or subsequent Work Assignment without
the written consent of the CLIENT, except to the extent that
any assignment, subletting, or transfer is mandated by law
or the effect of this limitation may be restricted by law.
Unless specifically stated to the contrary in any written
consent to any assignment, no assignment will rele~se or
discharge the assignor from any duty or responsibility under
this agreement.
The CONSULTANT shall enter into a subcontract with the firm
of Kittelson and Associates, Inc. to perform some of the
services required in Exhibit A. This subcontract shall be
subject to the prior written approval of the County
Administrator or his designee. Specific services to be
performed by the firm of Kittleson and Associates, Inc.,
~lTRACT. Ol/TXTFLOWB
10.6
10.7
10.8
10.9
10.10
10.11
10.12
6
shall be identified in the CONSULTANT's work aRsignments
-in accordance with Section 7 and Sect~on 10. The
CONSULTANT's subcontractors are not third party
beneficiaries under this Agreement, are not in
privity with the CLIENT, and may not seek payment from the
CLIENT for any amount owed them by the CONSULTANT.
The CLIENT's consent to the use of Kittleson and
Associates, Inc., as a subcontractor, does not in any way
relieve or excuse the CONSULTANT from the' complece
performance of all its duties and obligations under this
Agreement.
Nothing under this agreement shall be construed to give any
rights or benefits in this agreement to anyone other than
the CLIENT and CONSULTANT, and all duties and
responsibilities undertaken pursuant to this agreement will
be for the sole and exclusive benefit of the CLIENT and
CONSULTANT and not for the benefit of any other party.
Nothing in this agreement should be read as modifying the
applicable statute of limitations. The waiver of the bre~ch
of any obligation of this agreement does not waive another
breach of that or any other obligation.
No member, officer, or employee of the CLIENT during his
tenure or for two years thereafter shall have anv interest,
direct or indirect, in this contract or the p~____~~
thereof. This aforegoing statement shall be inserted in any
c::",...,........."t-ract:.
The CONSULTANT warrants that it has not employed, retained
or otherwise had act on its behalf any former County officer
or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any Councy officer or employe~ ir.
violation of Section 3 of Ordinance No. 020-1990. For
breach or viol?cion of this provision the CLIENT may, in its
discretion, terminate this agreement without liability and
may also, in its discretion, deduct from the agreement or
purchase price, or otherwise recover the full amount of any
fee, comm~ssion, percentage, gift, or consideracion paid to
the former County officer or employee.
This Agreement constitutes the entire agreement between
CLIENT and CONSULTANT and supersedes all prior written or
oral understandings. .This agreement may only be amended,
supplemented, modified, or canceled by a written instrument
duly executed by the Monroe County Board of County
Commissioners and the CONSULTANT, provided that the scope of
services may be modified by a written agreement executed by
the County Administrator or his designee and CONSULTANT,
consistent with Section 10 of this agreement.
CONSULTANT warrants that it has not employed or retained
CONTRACT. Ol/TXTFLOWB
10.13
10.14
10.15
7
any company 9r_person. other than a bona fide employee
working solely for the CONSULTANT to solicit or secure this
agreement and that he has not paid or agreed to pay any
person, company, corporation, individual, or firm, other
than a bona fide employee working solely for the CONSULTANT
any fee, commission, percentage, gift, or any other
consideration contingent upon or resulting from the award or
making of this agreement.
In the carrying out of this agreement, the CONSULTANT will
not discriminate against any employee or applicant for
employment because of sex, race, creed, color or national
origin. In carrying out this agreement, the CONSULTANT will
take affirmative action to ensure that applicants are
employed, and that employees are treated during employment
without regard to their sex, race, creed, color, or national
origin. Such action shall include but not be limited to,
the following: Upgrading, demotion or transfer; recruitment
or recruitment advertising; layoff of termination; rates of
any or other forms of compensation; and selection for
training, including apprenticeship. The CONSULTANT agrees
to post in conspicuous places, available to employees and,
applicants for employment, such notices as may be provided
by the CLIENT setting forth the provisions of this
non-discrimination clause.
The CONSULTANT and its subcontractors agree to ensure that
Disadvantaged Business Enterprises as defined in 49 CFR Part
23, as amended, have the maximum opportunity to participate
in the performance of contracts .::--' ~L_:..: :_:;-_u----~
The CONSULTANT agrees that no federal appropriated funds
have been paid or will be paid by or on behalf of the
CONSULTANT, to any person for influencing or attempting to
influence any officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or
an employee of a Member qf Congress in connection-with the
awarding of any 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.
If any funds other than federal appropriated funds have been
paid by the CONSULTANT to any person for i~fluencing or
attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in
conn~cc.ion wic.n l:n.l.::i ~gr~~IIlt::uc, c.u~ Una~L-::i.l.YUCu. ~hall
complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
I
The CONSULTANT shall require that the language of this
section be included in the award documents for all
CONTRACT.01/TXTFLOWB
8
10.16
sub-awards, and that all sub-recipients shall certify and
disclose accordingly.
No member or delegate to the Congress of the United States
shall be admitted to any share or part of this Agreement or
any benefit arising therefrom.
This agreement shall be governed by the Laws of the State
of Florida. Venue for any litigation arising under this
agreement must be in Monroe County, Florida.
10.17
SECTION 11. INDEMNIFICATION
The CONSULTANT does hereby consent and agree to indemnify and hold
harmless the County, its Mayor, the Board of County Commissioners,
appointed Boards and Commissions, Officers, and the Employees, and
any other agents, individually and collectively, from all fines,
suits, claims, demands, actions, costs, obligations, attorneys fees,
or liability of any kind arising out of the sole negligent actions of
the CONSULTANT or substantial and unnecessary delay caused by the
willful nonperformance of the CONSULTANT and shall be sol.ely
responsible and answerable for any and all accidents or injuries to
persons or property arising out of its performance of this contract.
The amount and type of insurance coverage requirements set forth
hereunder shall in no way be construed as limiting the scope of
indemnity set forth in this paragraph. The CLIENT does hereby
covenant and agree to indemnify and save harmless the CONSULTANT from
any fines, suits, claims, demands, actions, costs obligations,
:ittorney fee= ~....' ..: ~~.; , .; ...,. """oF ':I,...."r ".; """'~ ,...oC'!,,1....; _,-. .t:___ ~ -0':'': :~__
act or omiss:.."".\! oy the County, its Mayor, the Board of County
Commissioners, appointed Boards and Commissions, Officers, and
Employees, individually and collectively under the provisions and up
~o the limits of liability as stated in section 768.28 F.S. Further
~he CONSULTANT agrees to defend and pay all legal costs attendant to
~cts.attributahle to the sole negligent act of the CONSULTANT.
.~t all times and for all purposes hereunder, the CONSULTANT is an
_ndependent contractor and not an employee of the Board of County
.::ommissioners. No statement contained in this agreement shall be
"::Jnstrued so as to find the CONSULTANT or any of his/her employees,
.:ontractors, servants or agents to be employees of the Board of
~ounty Commissioners for Monroe County. As an independent contractor
::he CONSULTANT shall provide independent, professional judgment and
=omply with all federal, state, and local statutes, ordinances, rules
~d r~gulations applicable to the services to be provided.
~e CONSULTANT shall be responsible for the completeness and accuracy
f its work, plan, supporting data, and other document~ ~__~~~~~
:Jmpiled under its obligation for this project, and shall correct at
.::s expense all significant errors or omissions therein which may be
.:..sclosed. The cost of the work necessary to correct those errors
:tributable to the CONSULTANT and any damage incurred by the CLIENT
3 a result of additional costs caused by such errors shall be
~rrRACT. Ol/TXTFLOWB
9
chargeable to'the CONSULTANT. This provision shall not apply to any
maps, official records, contraccs, or other data tha~ may be provided
by the County or other public or semi-public agencies.
The CONSULTANT agrees that no charges or claims for damages shall be
made by it for any delays or hindrances attributable to the CLIEN:'
during the progress of any portion of the services specified in 'Chis
contract. Such delays or hindrances, if any, shall be compensated
for by the County by an extension of time for a reasonable period for
the CONSULTANT to complece the work schedule.. Such an agreement:
shall be made between the parties.
SECTION 12. INSURANCE POLICIES
The CONSULTANT shall procure and maintain the insurance required i:-.
Exhibit "B". Exhibit "B" is attached and made a part of this
agreement.
the parties hereto haye caused these presents .to
8 e.f' day of f7?~/U"b 1997.
,
~-. "_ro '" ~ -- ...... 0
',," ~....... --~- "^'
~uty~er.K \.) 1..\"t-.,
By .
BOARD OF COUNTY COMMISSIONERS
OF MONROE C~LORIDA
/~~
Mayor/9ra~rm~ ~
L. KOLHAGE, CLERK
(CORPORATE SEAL)
ATTEST:
By 13,/ )J1~/
Assistant Secretary
URS Consultants, Inc.
By .uJ~.
e Presid nt
~/-
CONTRACT.Ol/TXTFLOWB
County Attorney
ORDINANCE NO. 004 -1999
~ 0
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF M&ROE
COUNTY, FLORIDA PROVIDING FOR A PROCEDURE AND CIiitER~
GOVERNING CHANGE ORDERS TO CONTRACTS FOR THE CONSTRUCTIWQf
CAPITAL IMPROVEMENTS; PROVIDING FOR SEVERABILITY; PROVIDINcg8>.R.
THE REPEAL OF ORDINANCES INCONSISTENT HEREWITH; PROVIDINcEf'~
INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR AN EFFEaw~
TE . -w1 C'J
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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1.1
This ordinanc~ applies to all change orders to contracts for the
construction of capital improvements. regardless of whether the change order is subject to
approval by the County Administrator pursuant to Sec. 2-1 (b). M.C.C.. or approval by the Board
of County Commissioners. A purchase order may not be used to circumvent the requirements of
this Ordinance.
Section 2.)
A proposed contract for capital improvements may not be presented to
the Board for approval containing a provision with such elasticity that it allows for change orders
that CQuld alter the contract's scope of work as initially approved. As an example (and not by
way of limitation). a contract for the construction of a children's playground should not contain
within it a change order provision of sufficient elasticity that it would allow for the construction of
a softball field.
Section 3.1
All change orders must contain the following information:
a.)
the project for which the change order ~ sought;
b.)
the specific item(s) for which the change order is sought;
c.)
the price of the change order;
d.)
the price of the change order expressed as a percentage of the original
contract price and as a percentage of the contract price after prior change orders.
Section 4.1 All change orders must be accompanied by the following Information:
a.) a written explanation of why the change order is needed. containing the
following information:
(i) why the items) for which the change order is sought were not
included in the original contract specifications:
(ii) if the item(s) for which the change order is sought were included in
the original specifications. then what event or circumstance compels an increase in the
contract price:
(iii) if the price of the item(s) for~which the change order is sought
exceeds $25.000 or 5% of the contract price. whichever is greater. then why are the items not
the subject of a separate call for bic;is. By way of example (and not by limitation). evidence of
delay of the project or impairment of project coordination. could be reasons not to call for bids
outside the contract.
b.) if the project architect did not approve the items for which the change
order is sought. then a detailed explanation as to why.
c.) if the change order is intended to correct an error or omission in design
document. a statement whether a claim under the applicr:j.)le professional liability policy has or
should be made.
Section 5.) If a change order results in a decrease in the contract price (either the
original contract price or the contract after prior change orders). the amount of that decrease
may not be utilized by employees. agents or contractors of the County to fund a subsequent
change order. contract amendment or any other alteration of the original scope of work
without following the procedures set forth in this Ordinance.
Section 6. After the effective date of this Ordinance. no contract for the
construction of a capital improvement may be entered into that is at variance with the
provisions of this Ordinance.
2
Section 7.
The provisions of this Ordinance supersede the provisions of any contrary
resolutions or administrative instructions.
Section 8.
If any section. subsection. sentence. clause or provision of this Ordinance
is held invalid. the remainder of this Ordinance shall not be affected by such invalidity.
Section 9.
All Ordinances or parts of Ordinances in conflict with this Ordinance are
hereby repealed to the extent of said conflict.
Section 10.
The provisions of this Ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe. Aorida. as an addition to amendment thereto.
and shall be appropriately renumbered to conform to the uniform numbering system of the
Code.
Section 11.
This Ordinance shall take effect immediately upon receipt of official
notice from the Office of the Secretary of State of the State of Florida that this Ordinance has
been filed with that Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Florida.
at a regular meeting of said Board held on the
. -:--....""",
........
. ,,: C:;~-.. ~, Mayor Jack London
:' / r:: :~\:: l,~ . " ;~. Mayor Pro T em Wilhelmina Harvey
.,i!"1::. \~ . 1 Commissioner Keith Douglass
.;\'l\~ ~<'~ '..:' " Commissioner Shirley Freeman
",\~..;iir ;;;. ':'!~:. ""y';'; .I Commissioner Mary Kay Reich
\. ~.~3. ~
~...
ATTEST: DANNY L. KOLHAGE. CLERK
BY~"'r~.J
~
13tldayof
.J :mn,q ry
.1998.
YPR.
yeR.
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
~~~~
Mayor/Chairman
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As residents of the Florida Keys we support a cross island road on Big Pine Key
along US 1 and not through ANY neighborhoods.
NAME
ADDRESS
TELEPHONE
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As residents of the Florida Keys we support a cross island road on Big Pine Key
along US 1 and not through ANY neighborhoods.
ADDRESS
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As residents of the Florida Keys we support a cross island road on Big Pine Key
along US 1 and not through ANY neighborhoods.
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As residents of the Florida Keys we support a cross island road along
US 1 and not through ANY neighborhoods.
NAME
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As residents of the Florida Keys we support a cross island road along
US 1 and not through ANY neighborhoods.
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As residents of the Florida Keys we support a cross island road along
US 1 and not through ANY neighborhoods.
ADDRESS
TELEPHONE
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As residents of the Florida Keys we support a cross island road along
US 1 and not through ANY neighborhoods.
NAME
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TELEPHONE
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_u_ r--r--v- '~-'~'o V4... """Vo.>o.> ...,......... <'.va"" VU Ull!; 1" LUC n.cy Will lurt::vt::r UISrupl: mree
quiet neighborhoods and lower property values, dangerously concentrate high speed
traffic in a residential setting, imperil children at play-- including tho~e at Blue Heron
Park, require condemnation of private property, funnel traffic through 9 feeder roads, and
obliterate the rural character of our island. Of more than 4,000 projected daily
vehicles, many will be non-island residents seeking a quick shortcut to Key West or
Marathon. Sign the petition below to LET COMMISSIONERS KNOW THAT WE
DON'T WANT BIG PINE KEY TO LOOK LIKE MIAMI! WE CAN WIN IF WE
UNITE OPPOSITION TO THIS TERRIBLE PROJECT.
SIlL F~
Traffic on Big Pine Key:
Where Do They Come From?
The Middle
and Upper
r Key.
14%
The Lower
K'y,
8'.4
K.y WMIJ
28'.4
Traffic on Big Pine Key:
Who Are They?
Overnight
Visitors
29%
Outalde the
Key.
12'14
BIg Pine and
No Name
Key.
40".4
.........._..........__I......JlXII
Big Pine/No
Name Key
Residents
30%
Other
Monroe
County
Residents
28%
~_____"""'....JlJD
Key West-Bound Traffic
N i
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Soli''''': II, '1M Kq
Orl,iwl)utllfySlIl'W)' (1999)
(1'';'"'' """". M"cit }(). /999)
Traffic on Big Pine Key:
Where Are They Going?
Outalde the
Key.
17'.4
~
BIg PIne and
No Name
K.y.
25%
The Mlddl.
and Upper
K.y. -<
15%
,-
The Lower
K.Y'
12'.4
........____........'._JlD
Miami-Bound Traffic
!
~
Sou"",: BJg PIn. K.y
O~y Su,.,..y 11'99)
(2+-hour oou,,;. /01."", 20.
1999)
Nr
Key Deer Blvd,: South-Bound Traffic
3,354 total
I cars (100%)
I I
I I
, ~
:::J!.OUlh~... ~U:'::/!::O'.~
1~.l.I'..".'.'.'":': '.. I ....:,cr.:..~p.... ........ 1,431
.-#~q; '\; .,.,., C~mQ11.t~:m,'". (43%)
Stret I I
I
!287
(8%)
!
SoUl'ct: '" '111. X'Y
Orlfl"'D<1II.y Su,.".y (f!!9)
.J..Jto,u C'OUlt/, Mord 10, J 9P9
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