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Item H3County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w) Mayor Pro Tem David Rice, District 4 �r Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting March 15, 2017 Agenda Item Number: H.3 Agenda Item Summary #2694 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500 N/A AGENDA ITEM WORDING: Approval to negotiate a contract with AECOM Technical Services, Inc. ( AECOM) for Professional Transportation Planning Services to perform the biennial Travel Time and Delay Study for the US 1 Corridor and for general transportation planning assistance. The selection is based on the ranking of the responses received on January 19, 2017 to RFQ- 101 -0- 2017/1 L If unable to negotiate successfully with AECOM, approval to negotiate with the next highest ranked firm, Trident Engineering, LLC., and the next successive firm until an agreement is reached. ITEM BACKGROUND: The County currently has a Continuing Services Contract with URS Corporation Southern (URS) for Transportation Planning Services. The current contract expires on June 1, 2017. The transportation planning assistance contract is funded under a Joint Participation Agreement QPA) ANQ53 with the Florida Department of Transportation. Services provided under the contract include the US 1 Arterial Travel Time and Delay Study, which is conducted biennially. Additionally, assistance will be provided for private development review, maintenance, and updates to the long -range transportation plan and land development code as necessary, coordination between land use and transportation planning in the Florida Keys. The contract provides for traffic impact studies, concurrency management, and other traffic/ transportation engineering services. In November 2016, the BOCC approved advertisement of an RFQ for Transportation Planning Services. The RFQ seeks qualified engineers for a 4 -year Continuing Services Contract for transportation planning assistance, with options to renew on an annual basis for two additional years. The County received and opened five (5) responses to the RFQ on January 19, 2107. On February 23, 2017, the selection committee for the RFQ held a public meeting to score and rank the responses in accordance with the scoring criteria identified in the RFQ. Based on the totals of the selection committee members' scores for each respondent, staff is recommending that the County negotiate a contract with the highest scoring firm: AECOM Technical Services, Inc. ( AECOM). PREVIOUS RELEVANT BOCC ACTION: February 16, 2011 - Approval of a 4 -year continuing services contract, with options for renewal on an annual basis for two additional years, with URS Corporation Southern (URS) for Transportation Planning Services. January 2015 - Approval of first option to renew Continuing Services Contract through March 15, 2016 with URS. January 2016 - Approval of second option to renew Continuing Services Contract through March 15, 2017 with URS. November 2016 - Approval of third option to renew Continuing Services Contract through June 1, 2017 with URS. November 2016 — Approval to advertise RFQ for Transportation Planning Services. CONTRACT /AGREEMENT CHANGES: Approval to negotiate new contract STAFF RECOMMENDATION: Approval DOCUMENTATION: RFQ Selection Committe Score - Recommendation RFQ - Selection Committee Evaluation tables RFQ Selection Committee Meeting 2016 RFQ for Transportation Planning Services FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: 50519- GW1201 (FDOT GRANT JPA AQN 53) CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: JPA AQN 53 County Match: Insurance Required: Additional Details: Joint Participation Agreement (JPA) AQN -53 with the Florida Department of Transportation (FDOT) provides funding for the county's transportation planning program of $1,210,000 through June 30, 2017. 11/22/16 NEW COST CENTER ADDED $50,000.00 REVIEWED BY: Mayte Santamaria Completed Assistant County Administrator Christine Hurley 02/27/2017 10:18 AM Steve Williams Completed Jaclyn Carnago Completed Budget and Finance Completed Maria Slavik Completed Mayte Santamaria Completed Kathy Peters Completed Board of County Commissioners Pending 02/24/2017 11:50 AM Completed 02/27/2017 11:42 AM 02/28/2017 8:39 AM 02/28/2017 9:07 AM 02/28/2017 9:14 AM 02/28/2017 9:23 AM 02/28/2017 9:48 AM 03/15/2017 9:00 AM fj Highest Rank Respondent: y d% Mayte Santamaria. ' T Ed Koconis: L cLd))L Barbara Valdes -Perez .� y J F Packet Pg. 1210 AECOM TRIDENT CORRADINO GROUP S &ME CALVIN, GIORDANO &Assoc. Inc. EVALUATION CRITERIA Mayte Ed Barbara Mayte Ed Barbara Mayte Ed Barbara Mayte Ed Barbara Mayte Ed Barbara 1. Past record and experience of firm on similar projects. (10 pts) 2. Technical, educational, and training experience of the assigned staff and any anticipated subcontracted staff, (10 pts) ` 3. Experience working on land use and roadway i� 17 f [ projects within District 6 of the FOOT. (10 pts) 4. Familiarity with general project area and 7� 5 f�- l 2 Florida Keys. (5pts) '..� �l .� . J .,✓ ,� , . �J - J 'J" 5. Project approach reflects clear understanding G� J (�' ,�j p�, CJ' j �) �-�- of project needs and necessary activities. (5 pts) 6. Completeness of RFO response. IS pts) ! !� 7. Experience with Level of Service evaluations ..� , � �� � � �� �..j t{ �� �' - Zr and Comprehensive Plan analysis. 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Z) (D M Ln r) - 0 v7 w rD 0 Cu CL (D dirt < Z5 EA w (D �; - 0 rn �D 0; (D w :n 1 2, > I_n ro LrI w 0 -41 CL 5 3 < 'a n rD rD lu 3" C , =3 m 0 (D cu cn Ln - M Ln m n 0 K rri u 0 Ln m 90 G) > > 7 • •� • •, *. • • �� T .� * • • , Search GO c,rne > News Flash Emp oyment Manie Meetings & Agendas a on r ri r - -a 17 - toI Monroe OneV ew NOTiCE OF PUBLUC M REQUEST FOR QUALIFICATIONS (RFQ) SELECTION COMMITTEE for CAN CALL PROFESSIONAL FNGINFERING SERVICES FOR TRANSPORTATION PLANNING; SERVICES IN MONROF COUNTY FLORIDA The selection committee will evaluate the qualifications received for 1. Biennial US 1 Arterial Travel Time and Delay Studies, and 2. General Transportation Planning Assistance. The evaluation and recommendations of the selection committee are to be submitted to the Board of County Commissioners. Persons interested in this issue are invited to attend. For more information, please contact Mayte Santamaria, Senior Director of Planning & Environmental Resources, 305 - 289 -2500, or via email to: Santamaria- Mayte @MonroeCounty - FL.Gov ASSISTANCE If you are a person ivnh a disability who needs special accommodations in order to participate in this proceeding, please contact Elaine Ferda, County Administrator's Office, by phoning (305) 292 -4441, beoveen the hours of 9.00 a. in - 5 00p m., no later than nvo (2) ivorlang days prior to the scheduled meeting, if you are hearing or voice- impaired call 711 or ria facsimile to (305) 292 -4544 or ria email to; l -1 lt2aiis as lariraairae�uyidralt (I,;,t?a. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based f V A Previous text :z Other News in Home Strategic Planning Survey Postad on .eanuary l3l 2017 Search All categories v 4 "tools Categories A' 'wateyza �H httn•IAinxrmi mnnrnr rnimtar_f1 trnv It" ivinAIavto aor, v7ATTl =Q 1 '1 7/72/7!117 MONROE COUNTY REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL SERVICES BY TRANSPORTATION ENGINEERING FIRMS to perform TRANSPORTATION PLANNING SERVICES FOR MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 Mayor Pro Tem George Neugent, District 2 Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 COUNTY ADMINISTRATOR Roman Gastesi CLERK OF THE CIRCUIT COURT Amy Heavilin November 2016 PREPARED BY: Monroe County Planning & Enviornmental Resources Department RFQ- for Transportation Planning Services NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN that on January 19, 2017 at 3:00 P.M. the Monroe County Purchasing Office will receive and open sealed responses for the following: PROFESSIONAL TRANSPORTATION PLANNING SERVICES FOR MONROE COUNTY, FLORIDA Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR www.monroecountybids.com or call toll -free at 1- 800 -711 -1712. The Public Record is available at the Monroe County Purchasing Office located at The Gato Building, 1100 Simonton Street, Room 2 -213, Key West, Florida. All Responses must be sealed and must be submitted to the Monroe County Purchasing Office. RFQ- for Transportation Planning Services NOTICE OF REQUEST FOR QUALIFICATIONS Request for Professional Services from Transportation Engineering Firms To Provide Transportation Planning Services for Monroe County The Board of County Commissioners of Monroe County, Florida, hereby requests sealed proposals from consultants experienced in providing transportation planning and engineering services within FDOT District 6. Pursuant to Chapter 287.955(2)g, this will be a continuing service contract. Interested firms are requested to indicate their interest by submitting a total of six (6), two (2) signed originals and four (4) complete copies of their qualifications in a sealed package marked on the outside, "RFQ — Transportation Planning Services ", addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 1 -213, Key West, FL 33040, on or before 3:00 P.M. local time on January 19, 2017. No qualification packages will be accepted after 3:00 P.M. Faxed or e- mailed responses will be automatically rejected. Responders should be aware that certain "express mail" services will not guarantee specific time delivery to Key West, Florida. It is the sole responsibility of each Responder to ensure its package is received in a timely fashion. Requirements for submission and the selection criteria may be requested from DemandStar by Onvia by calling 1- 800 -711 -1712 or by going to the website www.demandstar.com or http: / /www.monroecounty -fl.2ov /pa2es /msd/bids.htm The Public Record is available at the Purchasing Office, 1100 Simonton Street, Key West, Florida. All submissions must remain valid for a period of sixty (60) days from the date of the deadline for submission stated above. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3)(4), F S. Monroe County declares that all or portions of the documents and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. The Board reserves the right to reject any or all proposals, to waive informalities in the responses and to re- advertise. The Board also reserves the right to separately accept or reject any item or items of a response and to award and /or negotiate a contract in the best interest of the County. Interested firms or individuals will be evaluated and selected by a committee. The selection and recommendation will be presented to the Board of County Commissioners for final decision. 3 RFQ- for Transportation Planning Services TABLE OF CONTENTS NOTICE OF REQUEST FOR PROPOSALS SECTION ONE - Instruction to Respondents SECTION TWO - Draft Agreement SECTION THREE - County Forms SECTION FOUR - Insurance Requirements 4 RFQ- for Transportation Planning Services SECTION ONE: INSTRUCTION TO RESPONDENTS 1.01 DESCRIPTION /INTRODUCTION /BACKGROUND Transportation Planning and Engineering Services for Monroe County. OBJECTIVE OF THE REQUEST FOR QUALIFICATIONS The Planning & Environmental Resources Department of Monroe County, Florida invites firms to submit qualifications for 1) the yearly performance of Arterial Travel Time and Delay Studies for the US 1 corridor (Exhibit A); and 2) general transportation planning assistance. The selected firm is anticipated to enter into a continuing services contract governed by Chapter 287.055(2)g. Task Orders for individual assignments under the contract will be issued by the Planning & Environmental Resources Department Planning Director for project related studies. There will be no reimburseable items (travel, meals, mileage, or other expenses). SCOPE OF WORK Task 1 — Annual US 1 Arterial Travel Time and Delay Studies 1. Purpose The travel time studies will be used to monitor the level of service on US 1 based on Monroe County Comprehensive Plan Policies and Land Development Codes for concurrency management purposes pursuant to Chapter 163, Florida Statutes. The studies will be conducted in accordance with the methodology that was developed by the US 1 LOS Task Force and approved by the County, the Florida Department of Transportation, and the Florida Department of Community Affairs (now the Florida Department of Economic Opportunity). A copy of the task force methodology is included as Exhibit A. Minimum Activities to Complete Study A. Using the floating car method, the County will record travel time, speed, and delay data for: a. Each of the 24 segments of US 1 from Florida City to Stock Island, and b. The length of US 1 from Miami -Dade County line to Cow Key Channel. B. The data will be recorded by date, day of week, time of day, and direction. C. The study will be conducted over 14 days within the six week period from February 15 to March 31. The study will consist of 14 round trip runs, sampling each day of the week twice. D. The study schedule will be coordinated with seven day, 24 hour traffic counts to be conducted by FDOT in Islamorada, Marathon, and Big Pine Key. E. The study will employ the staggered schedule of departure times previously approved by the Task Force so as to record peak hour conditions in as many different locations as possible. F. The study results will be summarized in a report format including a series of tables and graphs. A statistical analysis of the mean, median, standard deviation, and range of speeds for each segment and for the overall distance will be provided. Excess roadway capacity and deficiencies in capacity will be reported. RFQ- for Transportation Planning Services Task 2: General Transportation Planning Assistance Purpose The purpose of this task is to provide assistance to the Monroe County Planning & Environmental Resources Department staff for the purpose of maintaining and updating the Long Range Transportation Plan, to ensure that transportation concurrency requirements are met by public and private development, review traffic studies, and other tasks necessary to maintain a high level of coordination between land use planning and transportation planning activities in the Florida Keys. This task will provide assistance for general transportation planning and analysis activities, including data collection and technical support. 2. Activities The transportation planning consultant will provide assistance to Monroe County Planning & Environmental Resources Department in the following areas: a) Review of private development site plans for internal traffic flows and access; b) Preparation of traffic impact reports; c) Review of access management issues; d) Development of access management plans; e) Origin- destination studies; f) Attendance at appropriate public meetings and hearings; g) Attendance at appropriate community and outreach meetings; h) Trip generation rates for land uses; i) Provision of review comments on relevant transportation documents prepared by other agencies; j) Review of transportation element of reports and plans prepared by County staff in support of the comprehensive plan and land development code amendments; k) Systems planning analysis; including running the FSUTMS model or other transportation planning models deemed as appropriate by Client and Consultant; 1) Reevaluation of the level of service methodology for US l; and m)Special transportation projects to implement the comprehensive plan. 1.02 COPIES OF RFQ DOCUMENTS A. Only complete sets of RFQ Documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of RFQ Documents may be obtained in the manner and at the locations stated in the Notice of Calling for Qualifications. RFQ- for Transportation Planning Services 1.03 RFQ REQUIREMENTS Interested firms or individuals are requested to indicate their interest by submitting a total of six (6), two (2) signed originals and four (4) complete copies of their proposal in a sealed package marked on the outside, "RFQ — Transportation Planning Services ", addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 1 -213, Key West, FL 33040, on or before 3:00 P.M. local time on January 19, 2017. No proposals will be accepted after 3:00 P.M. Faxed or e- mailed Proposals will be automatically rejected. 1.04 DISQUALIFICATION OF RESPONDENT A. NON - COLLUSION AFFIDAVIT: Any person submitting a qualifications package in response to this invitation must execute the enclosed NON - COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 C. DRUG -FREE WORKPLACE FORM: Any person submitting a qualifications package in response to this invitation must execute the enclosed DRUG -FREE WORKPLACE FORM and submit it with his response. Failure to complete this form in every detail and submit it with your qualifications package may result in immediate disqualification of your submittal. D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a qualifications package in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the package may result in immediate disqualification. 1.05 EXAMINATION OF RFQ DOCUMENTS A. Each Respondent shall carefully examine the RFQ and other contract documents, and inform themselves thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the Respondent will in no way relieve them of the obligations and responsibilities assumed under the contract. B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, respondents shall at once notify the County. 7 RFQ- for Transportation Planning Services 1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the contract documents. Any inquiry or request for interpretation received in writing seven (7) or more days prior to the date fixed for opening of responses will be given consideration. All such changes or interpretation will be made in writing in the form of an addendum and, if issued, shall be posted on DemandStar and a notification will be furnished by Demand Start prior to the established opening date. It shall be the Respondents sole responsibility thereafter to download the addendum. Each Respondent shall acknowledge receipt of such addenda in their submittal. In case any Respondent fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Respondent will be bound by such addenda, whether or not received by him. It is the responsibility of each Respondent to verify that he has received all addenda issued before responses are opened. 1.07 GOVERNING LAWS AND REGULATIONS The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. 1.08 PREPARATION OF RESPONSES Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as " or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the submittal on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign must be submitted. The Respondent shall state in the response the name and address of each person interested therein. 1.09 RESPONSIBILITY FOR RESPONSE The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 1.10 SUBMISSION OF RESPONSES AND CONTENT A total of six (6), two (2) signed originals and four (4) complete copies shall be submitted in a sealed package marked on the outside, "RFQ — Transportation Planning Services." The proposal submitted in response to this RFQ shall be printed on 8 -1/2" x 11" white paper and bound; it shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Responses shall be organized as indicated below.The Respondent should not withhold any information from the 8 RFQ- for Transportation Planning Services written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Respondent must submit adequate documentation to certify the Respondent's compliance with the County's requirements. Respondents should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the Respondent's overall evaluation. Format. The response, at a minimum, shall include the following: A. Cover Page A cover page that reads "Response to Request for Qualifications for Transportation Planning Services in Monroe County ". The cover page should contain Respondent's name, address, telephone number, and the name of the Respondent's contact person. B. Tabbed Sections Tab 1. General Information. L The history of the firm, its corporate structure, and years in business. II. A list of the officers and directors of the respondent. III. The Respondent shall include a list of the proposed staff that will perform the work required if awarded this contract. The Respondent shall also include a resume for each member of the project team identifying his /her role on the team and any qualifications relevant to the assigned position. IV. A list of any subcontractors whom the respondent plans to utilize in performing its services. V. The Respondent shall provide a narrative of the firm's qualities and capabilities that demonstrate how the firm will work with the County to fulfill the requirements of the scope of work. Tab 2. Relevant Experience, References and Past Performance on Similar Projects. The Respondent shall provide a project history of the firm or organization demonstrating experience with projects that are similar in scope and size to the proposed Project, including projects in Monroe County. L Record of performance and professional accomplishments including: a description of similar work completed by the firm, any outstanding accomplishments of the firm, and any outstanding accomplishments of the firm that relate directly to this type of work (please provide a reference for each work cited). II. Technical, educational and training experience and number of years of experience in the field of the assigned staff and any anticipated subcontracted staff. Include the proposed function(s) of subcontractors. III. Project Approach. Provide a description including a statement that reflects a clear understanding of different tasks and necessary work based on the description above. IV. Additional information: Provide any additional pertinent information that would be helpful in the consideration of your response. Z RFQ- for Transportation Planning Services Tab 3. Litigation L Has the respondent ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details.) II. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the respondent, or its officers or general partners? (If yes, provide details.) III. Has the respondent, within the last five (5) years, been a party to any lawsuit or arbitration with regard to a contract for services, goods or construction services similar to those requested in the RFQ? (If yes, the Respondent shall provide a history of any past or pending claims and litigation in which the Respondent is involved as a result of the provision of the same or similar services which are requested or described herein.) IV. Has the respondent ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? (If yes, provide details.) V. Whether, within the last (5) years, an officer, general partner, controlling shareholder or major creditor of the respondent was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for proposals. Tab 4. County Forms and Licenses. Respondent shall complete and execute the forms specified below and found at designated pages in this RFQ, as well as copies of all professional and occupational licenses: L Submission Response Form II. Lobbying and Conflict of Interest Clause III. Non - Collusion Affidavit IV. Drug Free Workplace Form V. Public Entity Crime Statement VI. Local Preference Form VII. Respondent's Insurance and Indemnification Statement VIII. Insurance Agent's Statement 1.11 MODIFICATION OF RESPONSES Written modification will be accepted from Respondents if addressed to the entity and address indicated in the Notice of Request for Qualifications and received prior to Proposal due date and time. Modifications must be submitted in a sealed envelope clearly marked on the outside, with the Respondents name and "Modification to RFQ — Transportation Planning Services." If sent by mail or by courier, the above - mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Proposals. Faxed or e- mailed modifications shall be automatically rejected. 1.12 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened and announced at the appointed time and place stated in the Notice of Request for Qualifications. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. 10 RFQ- for Transportation Planning Services No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Respondents, or their authorized agents, are invited to be present. 1.13 DETERMINATION OF SUCCESSFUL RESPONDENT The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses which contain modifications, are incomplete, unbalanced, conditional, obscure, or which contain additions not requested or irregularities of any kind, or which do not comply in every respect with the Instructions, and the contract documents, may be rejected at the option of the County. 1.14 DETERMINATION OF SUCCESSFUL RESPONDENT Following the receipt of responses, the selection committee will meet in a publicly noticed meeting and evaluate the responses based on the criteria and point total below. The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses that contain modifications, are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the Instruction to Respondent and the contract documents, may be rejected at the option of the County. The committee will evaluate responses based on the following criteria: 1. Past record and experience of firm on similar projects. (10 pts) 2. Technical, educational, and training experience of the assigned staff and any anticipated subcontracted staff. (10 pts) 3. Experience working on land use and roadway projects within District 6 of the Florida Department of Transportation (10 pts) 4. Familiarity with general project area and Florida Keys. (5 pts) 5. Project approach reflects clear understanding of project needs and necessary activities. (5 pts) 6. Completeness of RFQ response (5 pts) 7. Experience with Level of Service evaluations and Comprehensive Plan analysis (5 pts). The selection and recommendation will be presented to the Board of County Commissioners for final decision. If no contract can be negotiated with the first ranked firm, the Board reserves the right to negotiate with the next selected firm. Monroe County reserves the right to reject any and all submittals, waive any irregularities, re -issue all or part of the RFQ, and /or not award any contract, all at its discretion and without penalty. 11 RFQ- for Transportation Planning Services 1.15 AWARD OF CONTRACT A. The County reserves the right to award separate contracts for each service area and to waive any informality in any response, or to re- advertise for all or part of the work contemplated. If responses are found to be acceptable by the Owner, written notice will be given to the selected Respondent of the award of contract(s). B. If the award of a contract is annulled, the County may award the contract to another Respondent or the work may be re- advertised or may be performed by other qualified personnel as the County decides. C. A contract will be awarded to the Respondent deemed to provide the services which are in the best interest of the County, considering price, qualifications, time frame, and other factors deemed relevant. D. The County also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time. E. All responses, including the recommendations of the County Administrator or his designee, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. F. The recommendation of the committee and the responses of three or more Respondents may be presented to the Board of County Commissioners of Monroe County, Florida, for final selection. Negotiations will be undertaken with the Respondents as ranked. 1.16 EXECUTION OF CONTRACT The Respondent with whom a contract is negotiated shall be required to return to the County four (4) executed counterparts of the prescribed contract together with the required certificates of insurance. 1.17 CERTIFICATE OF INSURANCE The Contractor will be responsible for all necessary insurance coverage as indicated on the attached forms. Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of bid, with Monroe County BOCC listed as additionally insured on all except Workers Compensation. If the proper insurance forms are not received within the fifteen (15) days, the contract may be awarded to the next selected Respondent.The Contractor shall defend, indemnify, and hold harmless the County as outlined on the attached form. 1.18 INDEMNIFICATION The Respondent covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Respondent or any of its Subconsultant(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Respondent, its Subconsultant(s) in any tier, their officers, employees, servants or agents. 12 RFQ- for Transportation Planning Services In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Respondent's failure to purchase or maintain the required insurance, the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity caused by the Respondent, the Respondent agrees and warrants that the Respondent shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Respondent is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the contract. 13 SECTION TWO: DRAFT CONTRACT These contract documents should be used only after consultation with counsel. The documents are not intended as legal advice appropriate to any specific situation, nor do they purport to address all issues which may arise between the contracting parties. The documents should be amended or supplemented where appropriate. CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ENGINEER THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ENGINEER (the "Contract" or "Agreement ") is made and entered into by Monroe County ( "Owner" or "County "), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns through the Monroe County Board Of County Commissioners ( "BOCC "), and the ( "Engineer ")., whose address is , its successors and assigns on the day of , 2016. This contract is issued as a continuing contract pursuant to Florida Statute 287.055(2) (g). The professional services required by this Contract are to be rendered for projects in which the estimated construction costs of each individual project under the contract does not exceed Two Million Dollars ($2,000,000.00), or for study activity if the fee for professional services for each individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00). The parties shall enter into a separate task order for each study awarded to the Engineer by the Owner. The specific services to be performed under these separate contracts will be determined by the Owner and agreed to by the Engineer. Each separate contract will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions applicable to that specific task order. The professional services required by this contract will be for services in the form of a continuing contract, commencing on the effective date of this contract and ending four years thereafter, with options for Owner to renew on an annual basis for two additional years. The terms and conditions of this Contract shall apply to any task order or separate contract, if required, unless expressly modified in the provisions of the separate contract. Where the terms of this Contract differ from the terms of the separate contract, the terms of the separate contract shall take precedence. The separate contract will contain its specific scope of work and it is anticipated by this Contract that the scope of work in the separate contract will be in addition to the scope of work outlined in this 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 hereby acknowledged, the Owner and the Engineer agree: 14 FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Contract, Engineer makes the following express representations and warranties to the Owner: 1.1.1 The Engineer is a professional qualified to act as the Engineer for the assignment and is licensed to practice Engineerure /Engineering by all public entities having jurisdiction over the Engineer and the assignment; 1.1.2 The Engineer shall maintain all necessary licenses, permits or other authorizations necessary to act as Engineer for the assignment until the Engineer's duties hereunder have been fully satisfied; 1.1.3 The Engineer shall prepare all documents that may be developed under this Contract 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 laws, codes and regulations. The Engineer warrants that any documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the task order, therefore, eliminating any additional construction cost due to missing or incorrect design elements in the contract documents; 1.1.4 The Engineer assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employment as Engineer of Record. 1.1.5 The Engineer's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Engineer shall submit, for the Owner's and Monroe County Growth Management Division's information, a schedule for the performance of the Engineer's services which may be adjusted as task order proceeds if approved by the Owner, and shall include allowances for periods of time required for the Owner's and Monroe County Growth Management Division's review, and for approval of submission by authorities having jurisdiction over the task order. Time limits established by this schedule and approved by the Owner may not be exceeded by the Engineer except for delay caused by events not within the control of the Engineer or foreseeable by him. 1.1.6 In providing all services pursuant to this agreement, the Engineer shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating 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 COUNTY to terminate this agreement immediately upon delivery of written notice of termination to the Engineer. 15 ARTICLE II SCOPE OF ENGINEER'S BASIC SERVICE 2.1 DEFINITION Engineer's Basic Services consist of: Task 1 — Annual US 1 Arterial Travel Time and Delay Studies 1. Purpose The travel time studies will be used to monitor the level of service on US 1 based on Monroe County Comprehensive Plan Policies and Land Development Codes for concurrency management purposes pursuant to Chapter 163, Florida Statutes. The studies will be conducted in accordance with the methodology that was developed by the US 1 LOS Task Force and approved by the County, the Florida Department of Transportation, and the Florida Department of Community Affairs. 2. Minimum Activities to Complete Study A. Using the floating car method, the County will record travel time, speed, and delay data for: a. Each of the 24 segments of US 1 from Florida City to Stock Island, and b. The length of US 1 from Miami -Dade County line to Cow Key Channel. B. The data will be recorded by date, day of week, time of day, and direction. C. The study will be conducted over 14 days within the six week period from February 15 to March 31. The study will consist of 14 round trip runs, sampling each day of the week twice. D. The study schedule will be coordinated with seven day, 24 hour traffic counts to be conducted by FDOT in Islamorada, Marathon, and Big Pine Key. E. The study will employ the staggered schedule of departure times previously approved by the Task Force so as to record peak hour conditions in as many different locations as possible. F. The study results will be summarized in a report format including a series of tables and graphs. A statistical analysis of the mean, median, standard deviation, and range of speeds for each segment and for the overall distance will be provided. Excess roadway capacity and deficiencies in capacity will be reported. Task 2: General Transportation Planning Assistance 1. Purpose The purpose of this task is to provide assistance to the Monroe County Growth Management Division staff for the purpose of maintaining and updating the Long Range Transportation Plan, to ensure that transportation concurrency requirements are met by public and private development, and other tasks necessary to maintain a high level of coordination between land use planning and transportation planning activities in the Florida Keys. This task will 16 provide assistance for general transportation planning and analysis activities, including data collection and technical support. 2. Activities The transportation planning consultant will provide assistance to Monroe County Growth Management Division in the following areas: A. Review of private development site plans for internal traffic flows and access; B. Preparation of traffic impact reports; C. Review of access management issues; D. Development of access management plans; E. Origin- destination studies; F. Attendance at appropriate public meetings and hearings; G. Trip generation rates for land uses; H. Provision of review comments on relevant transportation documents prepared by other agencies; L Review of transportation element of reports and plans prepared by County staff in support of the comprehensive plan amendments; J. Systems planning analysis (including running the FSUTMS model or other transportation planning models deemed as appropriate by Client and Consultant; K. Reevaluation of the level of service methodology for US l; and L. Special transportation projects to implement the comprehensive plan. ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the Owner as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the Owner before commencement, and as follows: A. Providing services of Engineer for other than the previously listed consulting scope of Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. C. Providing representation before public bodies in connection with the task order, upon approval by the Owner. 3.2 If Additional Services are required, such as those listed above, the Owner shall issue a letter requesting and describing the requested services to the Engineer. The Engineer shall respond with fee proposal to perform the requested services. Only after receiving an amendment to the task order and a notice to proceed from the Owner proceed with the Additional Services. 17 ARTICLE IV OWNER'S RESPONSIBILITIES 4.1 The Owner shall designate Monroe County Growth Management Division to act on the Owner's behalf with respects to the task orders. The Owner or Monroe County Growth Management Division shall render decisions in a timely manner pertaining to documents submitted by the Engineer in order to avoid unreasonable delay in the orderly and sequential progress of the Engineer's services. However, the parties acknowledge that due to Monroe County Policy, Ordinances or State or Federal Statute there may be times when a decision must be made by the BOCC, in which case any delay shall not be attributed to Monroe County or its representative. 4.2 The Owner shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Engineer's services and work of the contractors. 4.3 The Owner's review of any documents prepared by the Engineer or its consultants shall be solely for the purpose of determining whether such documents are generally consistent with the Owner's criteria, as and if, modified. No review of such documents shall relieve the Engineer of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The Engineer covenants and agrees to indemnify and hold harmless Owner /Monroe County and Monroe County Board of County Commissioners from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Engineer or its Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or omission of the Engineer, their employees, or agents. 5.2 The first ten dollars ($10.00) of remuneration paid to the Engineer is for the indemnification provided for above. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Engineer, the Engineer agrees and warrants that he shall hold the County harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the County's behalf. 5.3 In the event the completion of the task assignment is delayed or suspended as a result of the Engineer's failure to purchase or maintain the required insurance, the Engineer shall indemnify County from any and all increased expenses resulting from such delays. Should any claims be asserted against County by virtue of any deficiencies or ambiguity in the plans and specifications provide by the Engineer the Engineer agrees and warrants that Engineer hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the County's behalf. 18 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. ARTICLE VI 6.1 PERSONNEL The Engineer shall assign only qualified personnel to perform any service concerning the project ARTICLE VII 7.1 PAYMENT Terms of payment are as follows: Payment shall be made according to the Florida Local Government Prompt Payment Act. 7.2 REIMBURSABLE EXPENSES Reimbursable expenses (travel, meals, mileage, or other expenses) are not allowed as part of this contract. 7.3 BUDGET 7.3.1 The Engineer 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 Agreement 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. 7.3.2 AVAILABILITY OF FUNDS. If funding cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified in this Contract or in the separate contracts for individual projects, the agreement may be terminated immediately at the option of the County by written notice of termination delivered to the Engineer. The County shall not be obligated to pay for any services provided by the Engineer after the Engineer has received written notice of termination, unless otherwise required by law. 7.3.3 The County does not guarantee Engineer any specific amount of work under this agreement. The parties shall enter into a task order for each assignment awarded to the Engineer by the County. The specific services to be performed under these separate task orders will be determined by the County and agreed to by the Engineer. Each separate task order will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions applicable to that specific contract. 19 7.3.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the transportation funding agency, the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII 8.1 APPLICABLE LAW This contract is governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and performed entirely in the State. Venue for any mediation, dispute conferences or litigation arising under this contract must be in Monroe County, Florida. The Parties waive their rights to a trial by jury. ARTICLE IX 9.1 SUCCESSORS AND ASSIGNS The Engineer shall not assign its right hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the Owner. The Owner and Engineer, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. ARTICLE X NO THIRD PARTY BENEFICIARIES AND INDEPENDENT CONTRACTOR RELATIONSHIP 10.1 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, between the parties which creates or gives rise to any rights in favor of, any third party. 10.2 INDEPENDENT CONTRACTOR RELATIONSHIP The Engineer is and shall be an independent contractor in the performance of all work, services, and activities under this Agreement and is not an employee, agent or servant of the County. The Engineer shall exercise control over the means and manner in which it and its employees perform the work and in all respects the Engineer's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the County. The Engineer does not have the power or authority to bind the County in any promise, agreement or representation other than such power and authority that is specifically provided for in this Agreement. 20 ARTICLE XI 11.1 INSURANCE 11.1.1 The Engineer shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. Professional Liability Insurance shall also be maintained as specified. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Engineer's failure to purchase or maintain the required insurance, the Engineer shall indemnify the County from any and all increased expenses resulting from such delay. 11.1.2 The coverage provided herein shall be provided by an insurer with an A.M. Best Rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The insurance certificate 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. 11.1.3 Engineer shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida. B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and /or damages to property of others arising from use of motor vehicles, including ofsite and offsite operations, and owned, hired or non -owned vehicles, with One Hundred Thousand Dollars ($100,000.00) combined single limit and One Hundred Thousand Dollars ($100,000.00) annual aggregate. D. Commercial general 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 Engineer or any of its employees, agents or subcontractors or subconsultants, including Premises and /or Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with Five Hundred Thousand Dollars ($500,000.00) per occurrence and annual aggregate. E. Professional liability insurance of Five Hundred Thousand Dollars ($500,000.00) per claim and One Million Dollars ($1,000,000.00) annual aggregate. If the policy is a "claims made" policy, Engineer shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. County shall be named as an additional insured with respect to Engineer's liabilities hereunder in insurance coverage identified in Paragraphs C and D. 21 G. Engineer shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of Engineer if so required by County during the term of this Agreement. County will not pay for increased limits of insurance for subconsultants. H. Engineer shall provide to the County certificates of insurance or a copy of all insurance policies including those naming the County as an additional insured by including any subsection thereunder. The County reserves the right to require a certified copy of such policies upon request. ARTICLE XII TERMINATION 12.1 Either party hereto may terminate this contract prior to expiration upon giving seven (7) days written notice to the other in the event that such other party negligently or for any reason substantially fails to perform its material obligations set forth herein. No termination expenses shall be paid by the Owner after the date of notice of termination. 12.2 The Owner may terminate this Contract without cause by giving the other party thirty (30) days written notice of its intention to do so. Termination expenses shall include expenses available under the contract through the date on the notice of termination and shall not include any additional services required in order to stop performance of services, unless agreed to in writing by the County and subject to audit for the purpose of verification. ARTICLE XIII ENTIRE AGREEMENT 13.1 This contract constitutes of the form of agreement, the exhibits that are attached and made a part of the contract, the response document, and the documents referred to in the form of agreement as a part of this contract. In the event any conflict between any of those contract documents, the one imposing the greater burden on the Engineer will control. 13.2 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 contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the 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. 22 ARTICLE XIV DISPUTE RESOLUTION 14.1 County and Engineer agree that all disputes and disagreements shall first be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be submitted to mediation before a mediator mutually agreed to by the parties. The cost of mediation shall be shared equally. The parties agree that mediation is a condition precedent to the institution of legal or equitable proceedings by either party. Request for mediation shall be in writing and sent to the other party. The parties shall agree on a mediator to hear the dispute. 14.2 Mediation shall be held in Monroe County, Florida in a location in Key West; the location may be moved only by mutual agreement of the parties. 14.3 Agreements reached in mediation shall be reduced to writing and signed by the representative of each party; however agreements must be approved by the Board of County Commissioners to be enforceable. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction in Monroe County. 14.4 Nothing in this Agreement shall be construed to interfere with a subsequent order from any court of competent jurisdiction ordering the parties to enter into mediation after institution of legal or equitable proceedings. 14.5 Arbitration is specifically rejected by the parties as a method of settling disputes which arise under this agreement; neither of the parties shall be compelled by the other to arbitrate a dispute which may arise under this Agreement. ARTICLE XV ADDITIONAL REQUIREMENTS 15.1 The following items are part of this contract: a) Engineer shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Engineer pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Engineer shall repay the monies together with interest calculated pursuant to F.S. Sec. 55.03, running from the date the monies were paid to County. b) 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 23 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, the County and Engineer agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to a trial by jury. The County and Engineer agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding, pursuant to this agreement. C) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Engineer 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. d) Attorney's Fees and Costs. The County and Engineer agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs expenses, as an award against the non - prevailing party, and shall include attorney's fees and courts costs expenses in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Engineer and their respective legal representatives, successors, and assigns. f) 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. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advise of counsel. g) Claims for Federal or State Aid. Engineer and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Engineer agree that all disputes and disagreements shall be attempted to be resolved under Section XVI of this agreement. If no resolution can be agreed upon within 30 days after mediation, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 24 i) Cooperation. In the event any administrative or legal proceeding is instituted against either parry relating to the formation, execution, performance, or breach of this Agreement, County and Engineer agree to participate, to the extent required by the other parry, 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 Engineer specifically agree that no parry to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. Engineer 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. Engineer or County agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. Engineer 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. 1) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 25 m) No Solicitation /Payment. The Engineer 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 Engineer 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. n) Public Access. The Engineer and County shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Engineer and County in conjunction with this Agreement; and the Engineer shall have the right to unilaterally cancel this Agreement upon violation of this provision by County. o) Non - Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the participation of the Engineer 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. p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) 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 Engineer and the County agree that neither the Engineer 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 26 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. S) Attestations. Engineer agrees to execute such documents as the County may reasonably require including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. t) 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. u) Americans with Disabilities Act of 1990 (ADA). The Engineer will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Engineer pursuant thereto. v) Disadvantaged Business Enterprise (DBE) Policy And Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Engineer agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and the Engineer and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. w) 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. x) 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. 27 IN WITNESS WHEREOF, each parry caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVIL,IN, Clerk OF MONROE COUNTY, FLORIDA Deputy Clerk in Mayor /Chairman Date: (INSERT NAME of Engineer) By: 1) WITNESS TO Engineer's Signature: in WITNESS Signature Print Witness Name Date: 2) WITNESS TO Engineer's Signature: WITNESS Signature Print Witness Name Date: Signature of Corporate Agent Print Name of Corporate Agent Date: END OF AGREEMENT 28 SECTION THREE: COUNTY FORMS Please follow the complete instructions to respondents specified in Section I "Contractor Selection and Evaluation Process" RESPONSE FORM RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 1 -213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 I acknowledge receipt of Addenda No.(s) I have included: o The Submission Response Form o Lobbying and Conflict of Interest Clause o Non - Collusion Affidavit o Drug Free Workplace Form o Public Entity Crime Statement o Local Preference Form o Respondent's Insurance and Indemnification Statement o Insurance Agent's Statement In addition, I have included a current copy of the following professional and occupational licenses: (Check mark items above, as a reminder that they are included.) Mailing Addres Telephone: Date: Signed: (Name) (Seal) (Title) Fax: Email: Witness: 29 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrents that he /it has not employed, retained or otherwise had act on his /her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on has produced identification. (date) by (name of affiant). He /She is personally known to me or (type of identification) as NOTARY PUBLIC My Commission Expires: 30 NON - COLLUSION AFFIDAVIT I , of perjury, depose and say that 1. I am Proposal according to law on my oath, and under penalty , of the firm the bidder /responder making for the project described in the Request for Proposals of the for and that I executed the said proposal with full authority to do so. 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder /responder or with any competitor. 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the bidder /responder and will not knowingly be disclosed by the bidder /responder prior to the opening of the responses, directly or indirectly, to any other bidder /responder or to any competitor. 4. No attempt has been made or will be made by the bidder /responder to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition. 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. (Signature of bidder /responder) (Print name /title) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on has produced identification. (type of identification) as NOTARY PUBLIC My Commission Expires: (date) by (name of affiant). He /She is personally known to me or 31 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in, a drug abuse assistance or rehabilitation program if such is available in the employee's community , or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF: COUNTY OF: (Signature) Date: Subscribed and sworn to (or affirmed) before me on has produced identification. (type of identification) as NOTARY PUBLIC (date) by (name of affiant). He /She is personally known to me or My Commission Expires: 32 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He /She is personally known to me or has produced identification. (type of identification) as NOTARY PUBLIC My Commission Expires: 33 LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023 -2009 must complete this form. Name of Bidder /Responder Date: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? (Please furnish copy. ) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? List Address: Telephone Number: B. Does the vendor /prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. 2. Subcontractor Address within Monroe County from which the subcontractor operates: Signature and Title of Authorized Signatory for Bidder /Responder STATE OF COUNTY OF Tel. Number Print Name: On this day of , 20 , before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he /she is the person who executed the above Local Preference Form for the purposes therein contained. Notary Public Print Name My commission expires: Seal 34 SECTION FOUR: INSURANCE REQUIREMENTS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless For Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 35 RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Other Contractors and Subcontractors As a pre - requisite of the work governed, the Contractor shall obtain, at his /her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance Or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and /or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from this General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. 36 WORKERS' COMPENSATION INSURANCE REQUIREMENTS Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statues. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self - insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. 37 GENERAL LIABILITY INSURANCE REQUIREMENTS Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $500,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 38 VEHICLE LIABILITY INSURANCE REQUIREMENTS Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non - Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $100,000 per Occurrence S 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 39 PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the Contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of the work governed by this Contract. The minimum limits of liability shall be: $500,000 per Occurrence /$1,000,000 Aggregate !ME Respondent's Insurance and Indemnification Statement Insurance Requirements Worker's Compensation and Employers Liability General Liability Vehicle Liability Professional Liability Required Limits $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee $500,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per person $500,000 per occurrence $50,000 property damage $100,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per person $100,000 per occurrence $50,000 property damage $500,000 per occurrence $1,000,000 aggregate IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS The Respondent covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Respondent , including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the work (to include the work of others) is delayed or suspended as a result of the Respondent's failure to purchase or maintain the required insurance, the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Respondent is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Signature 41 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY Liability policies are Occurrence Insurance Agency DEDUCTIBLES Claims Made Signature Print Name: 42 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: • The County as being named as an Additional Insured — If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. And • The Indemnification and Hold Harmless provisions Waiving of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirement form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny this Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision - making authority. 43 MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: BIDDER SIGNATURE 44 RFP for Transportation Planning Services H.3.d INSURANCE REQUIREMENTS FOR SUBMITTING PROPOSALS Worker's Compensation $100,000 Bodily Injury by Ace. $500,000 Bodily Inj. by Disease, policy lmts $100,000 Bodily Inj. by Disease, each emp. General Liability, including Premises Operation Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage Vehicle Liability (Owned, non -owned and hired vehicles) $ Professional Liability $500,000 Combined Single Limit $100,000 per Person 100,000 per Occurrence $ 50,000 Property Damage $100,000 Combined Single Limit $500,000 per Occurrence $1,000,000 Aggregate The Monroe County Board of County Commissioners shall be named as Additional insured on all policies issued to satisfy the above requirements. 45 RFP for Transportation Planning Services H.3.d EXHIBIT A LEVEL OF SERVICE TASK FORCE METHODOLOGY { r a? a? t a? CA ro RFP for Transportation Planning Services H.3.d A METHODOLOGY TO ASSESS LEVEL-OF-SERVICE ON US-1 IN THE FLORIDA KEYS M Rafael E. De Arazoza Florida Department of Transportation District 6 602 South Milanii! Avenue Miami, Florida 33130 (305) 377-5910 un Douglas S. McLeod Florida Department of Transportation Maill Station 19 6,05 Suwannee Street Tallahassee, Florida 32399-0450 (904) 922-0"9 Farr Presentation at the Transportation Research Board Annual Meeting January 1993 E VA RFP for Transportation Planning Services H.3.d P.E. De Ara-zon D. S. MaClead Thils paper presents the methodology deve[oped to assess level -of- service (LOS) on US-1 in the Fllori Keys. Although predominantly an uninterrupted flow two-lane roadway in the Keys, USA's Uniqueness warrants all alternative LOS evaluation process to that found in the 1985 Highway Capacity Manual. U.S.-1 -extends, from the Key West to the Florida malinland with no major roads intersecting it., Furthermore, no other principal arterial serves the Keys or the Keys' resident and tourist population, over 100,000. Its unique geography, laird use patterns, trip making characteristics presented a challenge in developing and applying a reasonable and acceptable' eth =od to assess its LOS. A uniform method was develloped to assess LOS on U.S.-1 to cover both its overall arterial length from Key West to the Florilda mainland, and 24 roadway segments delineated. The methodology employs average travell speed as the main measure of effectiveness. It was developed from basic cr iteria and principles contained in Chapters 7 �Rural Multilane Highways), 8 �Rural Two-Lane Highways) and 11 (Urban and Suburban Arterials) of the 119a,5 Highway Capacity Manual. The results of the study correlate well with perceived aperating condit[ons on US-1 and over a year period the methodology appears to have a good level) of reliability. The authors recommend that for uninterrupted flow conditions in developed areas, Chapters 7 and 8 of the Highway Capacity Manual incorporates average travel speed as the main measure of effectiveness to determine LOS. EM RFP for Transportation Planning Services H.3.d P.E. De Arazon D.S. NfaCleod A METHOD TO ASSESS LEVEL-OF-SERVICE ON US-1 IN THE FLORIDA KEYS The purpose of this paper is to laresent the methodology develloped by the Monroe County US-1 level (LOS) Task Force to assess LOS on US (the Overseas Highway) in the Florida Keys (1). The authors are members of the referenced task force. US-1 which is mostly two-(lanes, has unique geographic and trip characteristics. It extends throtigh the Florida Keys covering approximately 180 kilometers X1 12 miles) from the City of Key West to the Florida mainland (Figure 1). There are 48 bridges crossing water for a totall length of 35 km (22 iiiii), with the longest bridge approximately 11 km �7 m!) long. There is no other road, to provide vehicular access to the Florida Keys from the rest of Florida or anywhere else. Few local roads are 5 km (3 mi) in length. Consequently, US-1 serves not only as a regionall principal arterial which serves iintra as well as interstate travel, but also serves as the local road for most of We trips within the Keys. US-1 Annual average dailly traffic (AADT) volurnes range from a low of 4700 to a high of 34200. The road serves a large tourist demand and is ane of the most scenic in the United States., The linear geography with the narrow land width of most of the Florida Keys are further characteristics., Most of the surrounding land use is rural developed and suburban in nature, however, some areas are totally rural and others are urban, such as the Key West avid its suburbs. With the exception of the few completely rural segments and the bridges, strip commercial stores, motels and restaurants are very common throtighout the Keys along US-1. Nu' emus. driveways and intersecting locall roads provide access to the surrotinding residential areas. The US-1 LOS study encompassed approximately 174 km (108 mi) of US-1 from Key WestjStock Island to the MonroefDade County Line, broken down as follows: 129 km (80 mil) (74%) two uninterrupted flow; 7, 32 km X20 mi) � 19 %) four - uninterrupted fl ow; and 7, 13 km �8 mi) (7%) four-lane urbanisuburban interrupted flow., NJ RFP for Transportation Planning Services H.3.d R.E. De Arazon D. S. NhCleod Part of the growth management process in Florida is to assess roadway LOS to determine if roadway facilities meet standards established by state regulations. The Transportation Research Board Special Report 209 Highway Cala-acity Manual �IHCM) (2) is extensively used throughout Florida as the source docurnent to determine highway capacities and LOS. H Chapter 7 Rural Multilane Highways), Rural Two-Lane Highways) and 11 Urban and Suburban Arterialls) were consulted to determine appli to the unique conditions and vehicular traffic operations and character i1stics of the Florida Keys. Only the 13 krn (8 mi) of urbaWsuburban interrupted flow and the small percentage of the two-lane trully rural laorli correlate directly to the HI Chapters 11 and 8. Thus, the challenge was to develop a methodology to assess arterial LOS alcing US-1 without deviating from the princilples of the HCMI. Towards that end a task force was created consisting of representatives from State and local agencies and an engineering consulting firm. 50 RFP for Transportation Planning Services H.3.d P.E. De Arazon D.S. IvIaCleoA THE NEED TO DEVELOP A LOS MEASUREMENT METHOD From a state transportation perspective, the overall operating condition of US-1 is important, not the condition of any smaller segment. With Key West as a major tourist destination at the southern end of the Keys and no alternative routes, the logical analysis section of highway extends from Key West to the main[and. From local transportation and development approval perspectives, shorter segments for analysis are desirable. Chapter 8 of the HC M presents a methodology which applies to typical rurall two -lane highways with basically long stretches of roads, and few side intersecting streets and driveways directly connecting to the roads. Chapter 8 methodology relies mainly on "'percent time delay" to assess LOS., The HCM further states that "Percent time delay—is defined as the average percent of tirne that all vehicles are delayed while traveling in platoons due to inability to pass. Percent time delay is difficult to measure directly in the field. The percent of vehicles traveling at head rays less than 5 seconds can be used as a surrogate measure in field studies." Chapter 8 of the H also uses average travel speed and capacity utilization as additional measures of effectiveness to assess LOS. However, the H states clearly that percent time delta y is the primary measure of servi quallity. Further inspection of the average speeds for level terrain depicted by Table 8-1 of the HCM do not correspond well with the typical operating speeds of US-1 in the Florida Keys. For instance, Table 8-1 shows average speeds ranging from 58 mph (93 kmh) (LOS A) to 45 rn ph (72 km h � (LOS D . The overall weighted posted speed 11irnit for US-1 in the Florida Keys is 79.7 kmh (49.5 mph). The overall median operating speeds along US-1 according to the 1991 and 1992 field studies �3, 4) were 76.8 and 75.5 krnh 47.7 and 46.9 mph), respectively., The field studies showed, for the' ost part, the survey vehiicle�s) was traveling close to the posted speed limit. 51 RFP for Transportation Planning Services H.3.d R. E. De Arazoza D. S. MaCleod It is believed the average motorist in the Florida Keys is mostly concerned with operating at an acceptable average travell speed rather than being concerned about the ability to pass. This is supported by the physicall and traffic characteristics of the Keys �e.g., adjacent land development, sight seeing tourists), local knowledge, and discussions with motorists. From the above statements, it was clear to the task team that H Chapter 8 methodology could not lie applied to US-1 for analysis of its two-lane secti With regards to the four-lane uninterrupted flow portions of USA, a similar dilemma occurred., HCM Chapter 7 methodology applies to multi-lane highways with operating characteristics generally unlike those of US-1 through the Florida Keys. For instance, average travel speeds depicted by Table 7-1 of the H are allso higher than those encountered in the Keys. Further, the methodology inherent !it equations (7-1), (7-2) and (7- )are closely related to those of freeways with their higher service flow rates, which again neither sArnulate nor resemble those of US-1 in the Keys. The Four- (lane portion is found mostly in Key Largo (the northeastern end of the Keys) which has a weighted posted speed Ili' it of 72.5 knih X45 mph). Key largo is developed with strip commercial and residential development. It has numerous, driveway connections and silde streets directly accessing USA The remaining 7% of the total US-1 milleage is four-lane interrupted flow. These are the portions encompassing Marathon (in the middle of the Keys) and Stock Island (near Key West). The operating characteristics here are truly urban1suburban and interrupted flow in nature resembling those of H Chapter 11. Thus, the methodology of Chapter 11 was employed in assessing LOS on these segme tits. From the preceding discussion, it was evident that a distinct method to assess LOS on US-11 had to be developed. The task team's efforts concentrated on keeping consistency with the basic philosophy of the HCMI, and yet lie sensitive to the Keys uniqueness. Thus, the proposed methodology correlates measured travell speeds along US-1 with LOS speed thresholds developed as part of this study. This is in line with the concept behind the HCM of average travel speed being the inain parameter to measure arterial LOS. 52 RFP for Transportation Planning Services H.3.d R. E. De Arazozi D. S. MaCleod METHODOLOGY Considering the types of trips served by US-1, it was decided to conduct travel time and dellay runs to cover both the entire length of US -1 from Key West to the MonroelDade County Line (mainland) and for each segirnent of the highway al the way. Twenty-four segments were sellected as delaicted by Table I., Each segment is fairly homogeneous in nature having a uniform roadway cross section an traffic f low. Travel speeds for the overall length (frorn Key West to the maiinland� provilde an indication of the LOS for the regional trips. Travel speeds for each segment also provides an opportunity to assess the impact of locall trips. Establishing speed criteria for both the overall length and for each roadway segment satisfies the requirements of the Florida growth management process. The next step in the process was to determine the number of travel time runs and how, when and toffrorn where.. Runs were started at both ends of USA. For example, one run started on Stock Island (Key West City limits) and proceeded to the mainland (Dade County,). After reaching this point, the vehicle turned back and proceeded to end the run where it started, on Stock Island., On another day the reverse was true (Le., the run started in Dade County instead of Stock Island). It was decided to perform a total of fourteen two-way runs or twenty-eight in each dilreclion covering the 174 kin (108 mi) study portion of US-1. Twenty-eight runs provide enough data for statisticall significance. Control points were established at each of the 24 segments to record travell time and speed data specific to each one of those segments. Seven runs were started at Stock Island and seven iii Dade County. Each began at staggered hours to cover the varied trip purposes and time frames within the Keys. The surveys were conducted during March, reflecting the area's peak traffic season., For each run the process provided data, such as running speed and travell speed, in each direction of US - 1, Vehicular traffic counts were allso collected at three locations covering seven clays. The travell time runs yielded a total of 28 one-way travel speed values for the overall length of US-1 and for each of the 24 segments. The value selected for anallysis was the median speed which would reflect a "typicall peak period during the peak season." In other develloped parts of Florida the typical peak hour of the peak season approximates the 100th highest hour of the year (5). 53 RFP for Transportation Planning Services H.3.d R. E. De Arazoza D. S. NbCleod The median vallue was also selected, instead of the average, to avoid the influence of extremely high or l ow speed va at either en of the surveys population. The process up to this point provided median travel speeds.. The question then became, what LOS do these speeds represent,. The next step was to develop a set of LOSISpeed threshold values for both the overall length of US-1 and the pertinent segments of the highway. Towards this end, the speed ratios between LOS thresholds from Tables 7 -11, 8-1 and 11-1 of the HCM were used in the analysis. These ratios were weighted against actual mileage of US-1 in the Florida Keys to relaresent the prevailing type of flow; two-liane uninterrupted flow, four-lane uninterrupted flow and four-lane interrupted flow. For example, from the level terrain portion of HC M Table 8-1, the ratio between LOS B speed and LOS A speed is 55158 = 0.948. The ratio between LOS UL OS A = 52f58 = 0.897; the ratio between LOS DILOS A = 5015 = 0.862 and so cin. The sarne process was applied to Tables 7 -1 (96.6 krnh) (60 mph) and 11-1. Then each ratio was weighted to take into account the length of the section of US-1 to which that type of traffic flow applied. Once all the ratios were developed, the weight crilteria was applied as in the following example: TYPE OF FLOW Two unlinterrupted Fourdane uninterrupted Four-lane interrupted URMIRIM USTIMIMM 52)58 = 0.897 74 44)50 = 0.880 19 22)35 = 0.629 07 Therefore, the overall speed ratio between LOS C and LOS A is: [74(0.89T)-+19(0.880 +7(0.629)]-F.10 The above p. recess was applied to develop all the required ratios. Further observations wilth reference to Tables 8-1, 7-1 and 11 -1 yielded the following. From Table 8-1 the difference between LOS A and LOS B speeds is 4.8 krnh �3 mph), or 4.8 kmh �3 mph) above an assumed posted speed lit of 88 kmh (55 rnph)., From Tables 7-1 and 11-1 the differences are 3.2 krnh and 1111.3 kmh (2 rnph and 7 mph[, respectively, with LOS lower than assumed speed 11irnits., Therefore, from these observations plus local knowledge, it was determined that the overall US-1 posted speed limit is T9.7 k (49.5 mph) reasonably fell between the LOS A and B thresholds. This 54 RFP for Transportation Planning Services H.3.d R. E. De Arazoza D. S. MaClead assumption is not far away from the premise that if a vehicle is able to sustain a travell speed equall to the posted speed limit, then it will correspond typically with the upper ranges of LOS (i.e., LOS,A or B). With the above speed differentialls and LOS range premise in mind, the US-1 overall speed thresholds for LOS A and B berarne 82.1 kmh (51 nnph� (2.4 kmh X11.5 nnph� above 79.7 kmh (49.5) and 77.3 kilah (48 mph), respectively., Applying the developed ratio between LOS C)LOS A to the LOS A speed resulted !in 72.5 krnh (45 mph, rounded off (i.e., 0.275 x 82.1 krnh X51 mphi = 71.8 kmh (44.6 mph) , which then becarne the threshold for LOS C., After applying all the ratilos the overall LOS criteria for U S - 1 became„ LOS Speed A �! 82 kmh X51 mph) B - 2! 77 kmh J48 mph) C 'a 72 kmh (45 mph) D 'a 68 kmh (42 mph) E 'a 58 kmh (36 mph) F <1 58 kmh (36 rnph) Inspection of the criteria above indicates, a close relationship with the speed differentials of both Tables 8-1 and 7-1 of the HC M. Comparing the inedian speed data for US-1 from the 19 and 199 field sttidies to the above criteria resulted in an overall LOS of C for both years, i.e., 76.8 krnh (471 mph) for 1991 and 75.5 krnh (46.9 rnph) for 1992. These speeds are 2.9 krnh (1.8 iinph� and 4.2 krnh (2.6 mphi below the overall weighted 79.7 kmh (49.5 ml,')h) speed limit, which would correspond to the upper range of LOS C. The authors also believe that LOS C is the appropriate LOS designation for the whole of US-1 from Key West to the main land. A final step was stlill to complete the task of developing LOSISpeed threshold values for the segments of US-1. No further work was needed to cover the 7% mileage of the interrupted portions of US-1 found on Marathon and Stock Island, adjacent to Key West. As discussed earlier, these segments correlate wilth Chapter 11 of the HC M. Therefore, direct application of Table 11-1 LOSIspeed criteria for a Class I arterial was made. 55 RFP for Transportation Planning Services H.3.d R. E. Die. Arazoza D. S. MaCleod The remainling segments fell within the two-lane and four lane uninterrulated flow criteria. It was decided to make LOS A speed criterion 2.4 kmh (11.5 rnph) above the weighted posted speed 11irnit in order to keep consistency wilth the overall criteria. LOS C speed was set 9.7 krnh (6 rnph) below LOS A speed consistent with Tables 7-1 and 8-1 of the HCM. LOS B and D speed criteria were set to provide equal increments between LOS A and LOS D (i.e., LOS B 4.8 krnh J3 mph) below LOS A speed and LOS D 4.8 kmh (3 mI,')h) below LOS C speed). LOS E was set 9.7 kmh (6 rnph) bellow the LOS D Speed. Thils makes the segmental speed differential between LOS threshollds consistent with the differentials in the overall criteria, excelet for one consideration. On any segment, intersection delay would be deducted from the segment's travell time to account for the influence of that signal on the segment (Le, signal delay = 1.0 x 15 seconds, average stopped delay). This corresponds to an LOS C delay due to isolated signalls. LOS C delay was chosen because LOS C is the state LOS standard for US-1 in the Florida Keys., The rationale behind deducting signal delay frorn the segment anallysis was to recognize for the impact of signals in reducing travel time. This provides the required sensitivity in the segment which is not only to assess the impact of regional veh[cullar trips, brit also those that are local in nature. The following illustrates the concept plus one example for the US-1 Segmental LOSIspeed relationship. The uninterrupted flow segment criteria are: A segirnent having a weighted posted speed limit of 72 krnh (45 oinph) would then have this criteria: LOS SPEED A �! 74.9 knih (46.5 mph� B 70.0 knih (43.5 mph� C 65.2 knih (40.5 mph� D 60.4 knih (37.5 mph� E 50.7 knih (31.5 mph� F < 50.7 kunh (31.5 mph�' 56 RFP for Transportation Planning Services H.3.d R. E. De Azazoaa D. S. MaCleod The LOS(Speed criteria for interrupted flow segments (marathon and Stack Islan(l) are based d ilrectly an a Mass ss I arterial) from Table 11 -1 of the HC M. LOS SPEED A 56.4 krnh (35 mph) B 45.1 krnh (28 mph) C 35.4 krnh (22 mph) D 27.4 kmh (17 rnph) E 20.9 kmh (13 rnph) F <1 20.9 k rnh X13 rn lah) Speed data from both the overall] length of US-1 and the individual segments were compared against the applicable LOSIspeed threshoWs., This provided for an assessment of the facility LOS plus an indication of reserve speed, if any. Uncles Fl,orkla's arch Monroe County's growth rnanagement process if the overall LOS for US-1 fell below the LOS C stanclard, then no additional lancl clevellopment would be alll;owed to proceed in the Fl Keys. Unless the proposed new clevellopment traffic impact were mitigatecil. ff the overall LOS for US-1 was, C or better, then a(liclitional development coull(I take place in those segments where there was reserve speed available (Le., segrnenfs speed was higher than the standard threshold. Besicles meeting highway LOS standards there are numerous other consiclerations in Rorida's growth management process pertaining to the Florida. Keys that are beyond the scope of this paper. As mentioned in the introduction, the purpose of this study was to present the methodology to assess LOS on USA 57