Item H09M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
May 17, 2017
Agenda Item Number: H.9
Agenda Item Summary #2889
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500
N/A
AGENDA ITEM WORDING: Approval of a 4 -year continuing services contract, with options for
renewal on an annual basis for two additional years, with AECOM Technical Services, Inc. for
Transportation Planning Services.
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 (JPA) ANQ53 with the
Florida Department of Transportation. Services.
Under the contract, the transportation planning services include completing 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 plans,
comprehensive plan and /or land development code, as necessary; and 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, 2017.
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 recommended that the County
negotiate a contract with the highest scoring firm: AECOM Technical Services, Inc. ( AECOM).
In March 15, 2017, the BOCC gave approval to negotiate a contract with AECOM Technical
Services., the highest ranked firm.
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.
March 15, 2017 - Approval of consultant selection and negotiations for Continuing Services Contract
with AECOM Technical Services, Inc.
CONTRACT /AGREEMENT CHANGES:
Approval of new contract
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2017 - New Contract for Transportation Planning Services - AECOM
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
05/01/2017 2:14 PM
Peter Morris
Completed
Jaclyn Carnago
Completed
Budget and Finance
Completed
Maria Slavik
Completed
Mayte Santamaria
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
04/27/2017 2:31 PM
Completed
05/01/2017 3:59 PM
05/01/2017 4:34 PM
05/01/2017 4:38 PM
05/01/2017 5:04 PM
05/01/2017 5:15 PM
05/02/2017 1:10 PM
05/17/2017 9:00 AM
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 AECOM Technical Services, Inc. the (`'Engineer "), whose
address is 7800 Congress Avenue, Suite 200 Boca Raton, FL 33467, its successors and assigns on
the day of 2017.
This contract is issued as a continuing contract pursuant to Florida Statute 2$7.055(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:
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FORM OF AGREEMENT
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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 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 normal and customary standard of professional skill and care and the orderly progress of the
Work. The Engineer shall submit, for the Owner's and Monroe County Planning and
Environmental Resources Department 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
Planning and Environmental Resources Department'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.
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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 I 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 I from Florida City to Stock Island, and
b. The length of US Ifrom 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 Planning and
Fnvironmental Resources Department staff for the purpose of maintaining and updating the
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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 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
and 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. Trip generation rates for land uses;
11. Provision of review comments on relevant transportation documents
prepared by other agencies;
I. 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 1; 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 Ill 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. Providingany other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally accepted consulting
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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.
,ARTICLE IV
OWNER'S RESPONSIBILITIES
4.1 The Owner shall designate Monroe County Planning and Environmental Resources
Department to act on the Owner's behalf with respects to the task orders. The Owner or Monroe
County Planning and Environmental Resources Department 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 Pursuant to Section 725.08 of the Florida Statutes, 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.
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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.
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.I PERSONNEL
The Engineer shall assign only qualified personnel to perform any service concerning the project
ARTICLE VII
7.1 PAYMENT:
Compensation shall be made according to the rates in Attachment No. 1. Payment shall be made
according to the Florida Local Government Prompt Payment Act. Claims for payrnent are deemed
received upon receipt by the Clerk of Court for payment. All invoices shall be detailed enough to
show the task performed, the services rendered, and the amount due with all appropriate
documentation indicating personnel and hours worked.
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 he 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 affinnative 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 tenninated
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
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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.
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.
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
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in this Agreement.
ARTICLE XI
11.1 INSURANCE
The Engineer shall maintain insurances in accordance with Attachment No. 2.
FARAM
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 XII1
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.
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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
b y t h e 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
ADDITIMAL_REOUIRFMENTS
15.1 The following items are part of this contract:
a) Engineer shall maintain al I 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 to contracts made and to be performed entirely in the State.
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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 advice 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) Adiudication 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.
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i) Co In the event any administrative or legal proceeding is instituted
against either party relating to the formation,execution,
performance, or breach of t h is Agreement, County and Engineer agree to
participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. County and Engineer specifically
agree that no party 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 1 964 (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
employeesas delineated in Section 1 12.313 Florida Statutes,
re g a rd i n g, b u t n o t l i m i to d t o, solicitation or acceptance of gifts; doing
business with one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain
information.
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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) Records -Access and Audits Pursuant to F.S. 1 19.0701, the Engineer shall comply
with all public records laws of the State of Florida, including but not limited to:
a. Keep and maintain public records required by Monroe County in order to perform
the service.
b. Upon request from the County's custodian of public records, provide the County
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Florida Statutes, Chapter
119 or as otherwise provided by law.
e. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Engineer does
not transfer the records to the County.
d. Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Engineer or keep and maintain public records required by the
County to perform the service. If the Engineer transfers all public records to the County
upon of completion of the contract, the Engineer shall destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. If
the Engineer keeps and maintains public records upon completion of the contract, the
Engineer shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the County, upon request from the County's
custodian of records, in a format that is compatible with the information technology
systems of the County.
IF THE ENGINEER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE ENGINEER'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-
3470, brad ley- brianCa.monroecounty- fl.gov c/o Monroe County Attorney's Office,
1111 12 "` St., Suite 408, Key West FL 33040.
o) Non - Waiver of Immuni : Notwithstanding the 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
Contract for Transportation Planning Services Page 12 of 15
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 -Dele ation 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 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) Disadvantaized Business Enterprise (DBE) Policy And Obligation It is the policy of
Contract for Transportation Planning Services Page 13 of 15
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.
y) Force Majeure An event of "Force Majeure" happens when an event beyond the
control of the party claiming Force Majeure prevents such party from fulfilling its
obligations. An event of Force Majeure includes, without limitation, acts of God
(including floods, hurricanes and other adverse weather), war, riot, civil disorder, acts
or threatened acts of terrorism, disease, epidemic, strikes and labor disputes, actions or
inactions of government or other authorities, law enforcement actions, curfews, closure
of transportation systems or other unusual travel difficulties, or inability to provide a
safe working environment for employees. In the event of Force Majeure, the
obligations of Engineer to perform the services shall be suspended for the duration of
the event of Force Majeure.
Contract for Transportation Planning Services Page 14 of 15
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its
du ly authorized representative on the day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
In
Deputy Clerk
-nORNEY
MpNRpE VF_0 AS TO FORM
APPRO �
c� PETEOU OKRA ORNEY
ASSIS G
Date.
Date:
Mayor /Chairman
?&,E Co �k 3 cck-.-+I c?L !S � Icy
(INSERT NAME of En "nee
By:
Signature of Corporal
Print Name of Corporate Agent
Date: i� - � • 4 o I q
1) WITNESS TO Engineer's Signature:
By:
W ITI ASS Signature
(� ! C C AM
Print W itniss Name
Date: _ /�' i_6 , &
2) WITN , S TO Engineer's Signature:
By: _
WITNESS Signature
C yr Cin��- Vi� 0 0 OF 2—
Print Witness Name
Date: J • &42 • aD /I
Contract for Transportation Planning Services Page 15 of 15
Attachment No. 1
HOURLY FEES
Position
Billing Rate (in Dollars)
Initial Contract
06/0212017
to
913012018
0710112018
to
613012019
0710112019
to
6130/2020
07/0112020
to
613012021
to
G�;rH1GPti
t
6? 0?2r�7,;
Project Manager
$259.31
$267.09
$275.10
$283.36
�--291
_5"
Senior Transportation Engineer /Planner
$204.30
$210.43
$216.74
$22324
<, -2c�J
F, 4
Transportation Engineer /Farner
$111.71
$115,06
$118.52
$122.07
S i _c ; .
�
CADDIGraphicTechnician
$93.73
$96.54
$99.43
$10242
'�75.�
Clerical
$64.15
$66.08
$68.06
$70.10
Public Information Officer
$110.00
$113.30
$116.70
$120.20
?
?
Assistant Public Information Officer
$70.00
$72.10
$74.26
$76.49
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Attachment No. 2
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Other Contractors and Subcontractors
As a pre - requisite of the work governed, or the goods supplied under this contract (including the
pre- staging of personnel and material), the Engineer shall obtain, at his /her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
Engineer will ensure that the insurance obtained will extend protection to all Subcontractors
engaged by the Engineer. As an alternative, the Engineer may require all Subcontractors to
obtain insurance consistent with the attached schedules.
The Engineer will not be permitted to commence work governed by this contract (including pre -
staging of personnel and material) 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 Engineer 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 Engineer's failure to provide satisfactory evidence.
The Engineer shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in the attached schedules. 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
Engineer 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 Engineer's failure to maintain the required insurance.
The Engineer will be held responsible for all deductibles and self insured retentions that
may be contained in the Engineer's Insurance policies.
The Engineer 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 Engineer's insurance shall not be construed as relieving
the Engineer 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 these 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.
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
MONROE COUNTY, FLORIDA
AND
AECOM Technical Services, Inc.
Prior to the commencement of work governed by this contract, the Engineer shall obtain
Commercial 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
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
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.
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
MONROE COUNTY, FLORIDA
AND
AECOM Technical Services, Inc.
Recognizing that the work governed by this contract requires the use of vehicles, the Engineer.
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:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
MONROE COUNTY, FLORIDA
AND
AECOM Technical Services, Inc.
Prior to the commencement of work governed by this contract, the Engineer shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable Workers'
Compensation state statutes and the requirements of Florida Statute 440.
In addition, the Engineer shall obtain Employers' Liability Insurance with limits of not less than
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 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 Engineer has been approved by the Florida's Department of Labor, as an authorized self -
insurer, the County shal I recognize and honor the Engineer's status. The Engineer may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Engineer's Excess Insurance Program.
If the Engineer participates in a self - insurance fund, a Certificate of Insurance will be required.
In addition, the Engineer may be required to submit updated financial statements from the fiord
upon request from the County.
PROFESSIONAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
MONROE COUNTY, FLORIDA
AND
AECOM Technical Services, Inc.
Recognizing that the work governed by this contract involves the furnishing of advice or services
of a professional nature, the Engineer 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
Engineer arising out of work governed by this contract.
The minimum limits of liability shall be:
$1,000,000 per Occurrence /$2,000,000 Aggregate