Item M3BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor Heather Carruthers, District 3
f
T$ne Florida Keys (, S �� Mayor Pro Tem George Neugent, District 2
t� ) ��` ��
�' Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: M.3
Agenda Item Summary #2316
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500
N/A
AGENDA ITEM WORDING: Approval of a third amendment to the URS Southern Corporation
Continuing Contract for Transportation Planning Services extending the contract for 2.5 months to
allow for completion of the US1 Time Travel and Delay Study. All terms and conditions of the
original contract, including payment conditions, remain unchanged. The time extension will extend
the current contract to June 1, 2017.
ITEM BACKGROUND:
Monroe County entered into a Contract for Professional Services with URS March 16, 2011. The
contract allows for two, one -year extensions. A one -year extension was approved by the BOCC,
which allowed an extension to March 15, 2016. A second one -year extension was approved by the
BOCC, which is set to expire March 15, 2017.
This request for extension will allow for the consultant to perform the US 1 Arterial Travel Time and
Delay Study to establish the level of service on US 1. The next scheduled study is to be initiated in
February 2017. The methodology for the study was developed in 1992 by the U.S. 1 Level of
Service Task Force to assess the level of service on U.S. 1, and has not changed since the 1997
amendment to reflect updates to the Highway Capacity Manual. The study takes place the six -week
window beginning the second week of February and ending the fourth week of March and then the
consultant drafts the report.
This request for extension will allow for the timely completion of the US 1 Arterial Travel Time and
Delay Study while the County completes the qualification procedures for future professional
services. Additionally, this will allow for continued review of development applications, assistance
with general transportation planning tasks and the completion of various planning studies.
Staff is working on a Request for Qualifications (RFQ) for Transportation Planning Services.
The Joint Participation Agreement (JPA) AQN -53 with the Florida Department of Transportation
provides the funding for the county's transportation planning program, including this contract.
PREVIOUS RELEVANT BOCC ACTION:
March 6, 2011- BOCC approval of a 4 -year continuing service contract with options to review on an
annual basis for two additional years.
January 21, 2015- BOCC approval of one -year time extension. Contract extension expired March 15,
2016.
January 20, 2016 — BOCC approval of one -year time extension. Contract set to expire March 15,
2017.
CONTRACT /AGREEMENT CHANGES:
extend for 2.5 months
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
URS Contract 3rd extension to June 2017
URS Contract 2nd Extension
URS Contract 1 st Extension
URS Contract - 2011
FINANCIAL IMPACT:
Effective Date: 11/22/16
Expiration Date: 6/1/2017
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion: $50,000.00
Budgeted: Yes
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
11/02/2016 4:14 PM
Steve Williams
Completed
Jaclyn Carnago
Completed
Budget and Finance
Completed
Maria Slavik
Completed
Mayte Santamaria
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
11/01/2016 5:59 PM
Completed
11/02/2016 4:27 PM
11/02/2016 4:30 PM
11/02/2016 4:32 PM
11/03/2016 7:43 AM
11/03/2016 10:12 AM
11/03/2016 12:12 PM
11/22/2016 9:00 AM
PAmendment to Contract for Professional
Services between Owner and Engineer
Extension of the Continuing
Contract For Transportation
Planning Services
The third amendment to Contract (herein, after "Amendment ") between Owner and Engineer
for the Continuing Contract for Professional Services ( "Contract ") entered into between
Monroe County ( "Owner" or "County ") and URS Corporation Southern is made and entered
into this day of , 2016, in order to amend the contract as follows:
Witnesseth
WHEREAS, on March 16, 2011, the parties entered into a continuing contract for
Professional Services, pursuant to Florida Statute 287.055(2)(g) where services 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 a 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); and
WHEREAS, the continuing contract indicates that a separate task order shall be
issued to the Engineer by the Owner, and the specific task orders will be determined by the
Owner and agreed to by the Engineer and will contain a specific scope of work, time schedule,
charges and payment conditions, and additional terms and conditions applicable to that specific
task order; and
WHEREAS, the Continuing Contract was issued for a period of -four years, with
options for the Owner to renew on an annual basis for two additional years; and
WHEREAS, the requirement to perform an annual US 1 Arterial Travel Time and
Delay Study has changed to a biennial reporting cycle, with the next scheduled study to
be initiated in February 2017; and
WHEREAS, a uniform method was developed in 1992 by the U.S. 1 Level of Service
Task Force to assess the level of service on U.S. 1, and has not changed since the 1997
amendment to reflect updates to the Highway Capacity Manual, and
WHEREAS, the peak season, for the purpose of the U.S. l Level of Service study, has
been established by the task force as the six -week window beginning the second week of
February and ending the fourth week of March; and
WHEREAS, the extension of this contract is allow for the timely completion of the US 1
Arterial Travel Time and Delay Study while the County completes the qualification procedures
for future professional services.
E
for future professional services.
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 and attested to, the Owner and the Engineer agree as follows:
1) The recitals contained herein are true and correct and are hereby incorporated as if fully
stated herein.
a
2) The Continuing Contract for Professional Services dated March 16, 2011 and
terminating on March 15, 2017 shall be renewed for two and a half (2 '' /2) months past
the second of the two one -year periods. The new termination date will be June 1,
2017.
3) Article II, 2.1. Task 1 - Annual US 1 Arterial Travel Time and Delay Study was
revised to 'Biennial US 1 Travel Time and Delay Study" under Amendment 1. The
next study is scheduled to begin in February 2017.
4) Hourly fees under this amendment shall remain at the 2014/15 billing rate as stated
in Exhibit A of the original contract.
5) In all other respects, the original Continuing Contract dated March 16, 2011 remains
unchanged.
IN WITNESS WHEREOF, OF, each party caused this Agreement to be executed by its duly
authorized representative on the day and year first written above.
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
By: _
Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: _
Mayor
Date:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
By: _
Assistant County Attorney
2
Amendment 3-URS Southern Transportation Planning Contract
CONSULTANT
By:
(Print Name)
Title:
Witneis No. I (Print Name)
Witness No. I (Signature)
,T AoVc--"5bk-
Witness No. 2 (Print Name)
K
W' glss Ko'2"W"ignature)
On this - a] day of UCJJ�,(.? V, 2016, before me the person whose name is subscribed
above and who produced 'DroP
- r�� b (ef , as identification, acknowledged and
attested that the foregoing is true and correct for the purposes therein contained.
P ub l ic
Signature of N6t��_ I u lic
Print, Type or Stamp Commissioned
Name of Notary Public
My commission expires:
all" LUI =POLLOCK
Notary POIC - State of Florida
C 7" it
ommissim 0 FF 942638
M Lt M
My COMM. Expires Mar 4. 2020
OW Notary Bondedthroush National Way Assn
END OF AGREEMENT
3
i
' Amendment 2 -URS Southern Transportation Planning Contract
2' to Contract for Professional Services
between Owner and Engineer
Extension of the Continuing Contract
For Transportation Planning Services
The second amendment to Contract (herein, after "Amendment ") between owner and Engineer
for the Continuing Contract for Professional Services ( "Contract ") entered into between
Monroe County ( "Owner" or "County ") and URS Corporation Southern is made and entered
into thi day of Y 2016, in order to amend the contract as follows:
Witnesseth
WHEREAS, on March 16, 2011, the parties entered into a continuing contract for Professional
Services, pursuant to Florida Statute 287.055(2)(g) where services 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 a 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); and
WHEREAS, the continuing contract indicates that a separate task order shall be issued to the
Engineer by the Owner, and the specific task orders will be determined by the Owner and agreed
to by the Engineer and will contain a specific scope ofwork, time schedule, charges and payment
conditions, and additional terms and conditions applicable to that specific task order; and
WHEREAS, the Continuing Contract was issued for a period of -four years, with options for the
Owner to renew on an annual basis for two additional years; and
WHEREAS, the requirement to perform an annual US I Arterial Travel Time and Delay Study
has changed to a biennial reporting cycle, with the next scheduled study to be initiated in
February 2017; and
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 as follows:
1) The Continuing Contract for Professional Services dated March 16, 2011 and terminating
on March 15, 2015 shall be renewed for the second of two one -year periods. The
new termination date will be March 15, 2017.
1 `
i Amendment 2 -URS Southern Transportation Planning Contract
2) Article II, 2.1. Task 1 — Annual US 1 Arterial Travel Time and Delay Study was
revised to 'Biennial US 1 Travel Time and Delay Study" under Amendment 1. The
next study is scheduled to begin in February 2017.
3) Hourly fees under this amendment shall remain at the 2014115 billing rate as stated in
Exhibit A of the original contract.
4) In all other respects, the original Continuing Contract dated March 16, 2011 remains
unchanged.
2
N
` . Amendment 2 -URS Southern Transportation Planning Contract
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its
duly authorized representative on the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
�y Hea'vilin, CFA, Clerk OF MONROE COUNTY, FLORIDA
0 B A.
Mayor /Chairma
:"'" lot C0
(Seal)
Attest:
CONSULTANT
B B y:
Title: f)si/� ti y�Id�� J � Title: 1 CIt-
*�v p LISA POLLOCK
� ( w'¢ Notary Public - State of Florida
My Comm. Expires Mar 4, 2016
Commission # EE 175461
'• �� Bonded Through National Notary Assn.
END OF AGREEMENT
MONROE COUNTY ATTORNEY
PROVED TO FORM:
STEVEN T. WILLIAMS
ASSISTANT COU TY ATTORNEY
Date A-
3
Amendment 1-- URS Southern Transportation Nanning Contract
I st Amendment to Contract for Professional Services
between Owner and Engineer
Extension of the Continuing Contract
For Transportation Planning Services
The first amendment to Contract (herein, after "Amendment") between Owner and Engineer for
the Continuing Contract for Professional Services ( "Contract ") entered into between Monroe
County ("Owner" or "County") and U Corporation Southern is made and entered into this 21 s4
day of J&Kt&4P6Wq 2014, in order to amend the contract as follows:
1 15 ,
WHIT -Mm
WHEREAS, on March 16, 2011, the parties entered into a continuing contract for Professional
Services, pursuant to Florida Statute 287.055(2)(g) where services 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 a 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); and
WHEREAS, the continuing contract indicates that a separate task order shall be issued to the
Engineer by the Owner, and the specific task orders will be determined by the Owner and agreed
to by the Engineer and will contain a specific scope of work, time schedule, charges and payment
conditions, and additional terms and conditions applicable to that specific task order; and
WHEREAS, the Continuing Contract was issued for a period of four years, with options for the
Owner to renew on an annual basis for two additional years; and
WHEREAS, the requirement to perforrii an annual US I Arterial Travel Time and Delay Study
has changed to a biennia] reporting cycle, with the next scheduled study to be initiated in
February 2015, and
NOW, rHEREFORE, 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 as follows:
1) The Continuing Contract for Professional Services dated March 16, 2011 and terminating
on March 15, 2015 shall be renewed for the first of two one-year periods. The new
tennination date will be March 15, 2016.
01
Amendment 1— URS Southern Transportation Planning Contract
2) Article 11, 2.1, Task I - Annual US I Arterial Travel Time and Delay Study shall be
revised to "Biennial US I Travel Time and Delay Study". The next study is scheduled to
begin in February 2015.
3) Hourly fees under this amendment shall remain at the 2014115 billing rate as stated in
Exhibit A of the original contract.
4) In all other respects, the original Continuing Contract dated March 16, 2011 remains
unchanged.
q
Amendment I— URS Southern Transportatlon Planning Contract
9-uthorized representative on the day and year first written above.
- W.Mpt M
Mayor/Chain
A ZAKOUut]
MONROE COLJ�,, ATTORNEY
APPROVED A�STOFORNI: /
CHAISTINE W. �IVE:�ER
ASSISTANT P0 \T`,1
Date
- T -
P
111�11q
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THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AN
ENGINEER (the "'Contract" or "Agreement") is made and entered into by Monroe Coun
("Owner" or "Count a political subdivision of the State of Florida, whose address is I I
Simonton Street, Key West, Florida 33040, its successors and assigns through the l ounty Board ounty ommissioners BOCC, and URS Corporation Southern CEngineer, whose add 3343 W Commercial Boulevard
100, Fort Lauderdale, FL 33309, its successors and assigns on the 16 day of February, 201 i
This contract is issued as a continuing contract pursuant to Florida Statute 287.055(2)i (g). The
professional servi 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 task orders will be
determined by the Owner 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 an?
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 efIective 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,
required, unless expressly modified in the provisions of the separate contract. Where the terms
this Contract diMr from the terms of the separate contract, the terms of the separate contra
'I! contain its specific scope
shall take: precedence. The separate contract wi I of work and it
1. R.: V,�A� Clwr&4� that the scoT.,1,; of work in he seprate contract will be in addition is
the scope of work outlined in this Contrut
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements statel
herein, and for other good and valuable consideration, the sufficiency of which hereby
acknowledged, the Owner and the Engineer agree: I
1/27/2011 2:40
I1111111111 I I III Mill!
"I TU to a AT'91 - ' IT
031
1.1 REPRESENTATIONS AND WARRANTIES
ti t1e Owne
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.
1127/2011 2:40
2.1 DEFINITION
Engineer's Basic Services consist of:
Task I — Annual US I 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 concurrericy
management purposes pursuant to Chapter 163, Florida Statutes. The studies will be conducted
in accordance with the methodology that was developed by the US I LOS Task Force and
approved by the County, the Florida Department of Transportation, and the Florida Department
of Community Affairs.
2. mum 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
F . The length of US, I from Miami-Dade County line to Cow Key Channel.
Bo The data will be recorded by date, day of week, time of day, and direction.
C. The study will he 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
conducted by FDOT in Islamorada, Marathon, and Big Pine Key.
E. The study will employ the staggered schedule of departure times previously approved
the Task Force so as to record peak hour conditions in as many different locations
possible.
Fo The study results will be summarized In a report format including a senies of tables
graphs. A statistical analysis of the mean, median, standard deviation, and range
speeds for each segment and for the overall distan" will be provuled, Fxcess roadw
capacity and deficiencies in capacity will be reported.
I . 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
, 4'eveloment_. and other tasks neccss�w_ to maintain a hig, 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.
1/2712011 2A0
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3.1 GENERAL
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3.2 If Additional Services are required, such as those listed above, the Owner shall 'ss
a letter requesting and describing the requested services to the Engineer. The Enineer sh
responN with a fee proposal to perform the reque g
sted services. Only after receiving a task ordl
&-r v nil t
1127/2011 2:40
4.2 The Owner shall furnish the required information and services and shall render approv
and decisions as expeditiously as necessary for the orderly progress of the Engineces servi I
C
a w** oMe c*
�Q 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 Ownees 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.
zlz 1 11
5.1 Pursuant to Section 725.08 of the Florida Statutes, the Consultant shall indemnify and hold,
harmless the Owner, its employees and officers, from liabilities, damages, losses and costs,
including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant and other per employed or
utilized by the Consultant in the perfbrmance of this Contract.
5.2 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 �. of --ny deficiencies or znbiguity in t1w 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.
5.3 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
Ar Piga-i-ra q S -f, Southern
fM?,r - Fj.Tffl---q --C-*-awvratio
6.1 PERSONNEL
The Engineer shall assign only qualified personnel to perform any service concerning the
project.
7.1 COMPENSATION AND PAYMENT
Compensation shall be made according to the rates on Exhibit A. Payment shall be in
according to the Florida Local Government Prompt Payment Act. Claims for payment
deemed received upon receipt b Clerk of Court for payment, All invoices shall be detail is
enough to show the: task performed, the services rendered, and the amount due with
appropriate documentation indicating personnel and hours worked.
7.2 REIMBURSABLE EXPENSES
Ay
73 BA' GET
73A 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 I- September 30) by Country'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 If funding cannot be obtained or cannot be continued at a level sufficient to allow for
r
1/27/2011 2:40
w4r,
ARTICLE VIII
8.1 APPLICABLE LAW
1 t
applicable to contracts made and performed entirely in the State. Venue for any mediatio
ispute cferences or litigation arising uner this cntract must e owD o o
in Mc Cunty, Flri
The Parties waive their rights to a trial by Jury- I
d on d o b
311611A
M SUCCESSI A11D ASSIGAS
The Engineer shall not assign its n hereunder, excepting its right to payment, nor shall it
telegate 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
rev c f6wilo ffis &Meij jid tg* r. rMerS 11 Ill 1 4 T i4?
NO THIRD PARTY BENEFICIARIES
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
1' :1 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
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provided for in this Agreement,
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.
1/27/2011 2:40
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
e shall be written b-g an insurer ac le to the C-Q�rx, and shall be in a
form acceptable to the County,
11.1.3 Engineer shall obtain and maintain the following policies:
B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000
Disease, policy I imits, V 00,000 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 onsiite and offifte operations, and owned, hired
or non�owned vehicles, with Three Hundred Thousand Dollars (S300,000.00)
combined single 11rolit and Three Hundred Tliousand Dollars ($300,000.00) 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 ($514,000.00) per
claim and One Million Dollars ($1,000,000i.00) annual aggregate. If the policy is a
44 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.
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.
A. Engineer shall provide to the County certificates of insurance including those
showing the County as a named insured as required above, County reserves the right
to require a certified copy of such policiesupon. request.
1/27/2011 2:40
12.1 Either party hereto may terminate this contract prior to expiration upon giving seven
days written notice to the other in the event that such other party negligently or for any reas
substantially fails to perform its material obligations set forth herein. No termination expens
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 fifteen
(15) days, written notice of its intention to do so. Termination expenses shall include expenses
e 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.
I" 11 a
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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
rproperty 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 an i 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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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; t
location may be moved only by mutual agreement of the parties. I
1/2712011 2:40
14.3 Agreements reached in mediation shall be reduced to writing and signed by till
Frepresentative of each party, however agreements must be approved by the Board of Couns
Commissioners to be enforceable. Agreements reached in mediation shall be enforceable ra
�ettlement agreements in any court having Jurisdiction In Monroe County. M
14A Nothing in this Agreement shall be construed to interfere with a subsequent order from
"
C-Atmlft
legal or equitable proceedings.
14.5 Arbitration is specifically rejected by the parties as, a method of settling disputes whi
anse under this agreement; neither of the parties shall be compelled by the other to arbitrate
dispute which may arise under this Agreement. 1 1
ARTICLE XV
AddLdonal Rejuirements
15.1 The following items are pail of this contract:
a) Engineer shall maintain all books, records, and documents directly pertinent ti,
7iA f 14 SJUI-IWALY4
consistently applied. Each party to this Agreement or their authorized representatives shall havr-
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
sf 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 Engineershall repay the monies together with interest calculated pursuant
Sec, 55.03, running from the date the monies were p to County.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall
governed by and construed in accordance with the laws of the State of Florida applicable 11
contracts made and to be performed entirely in the State. In the event that any cause of action 0
administrative proceeding is instituted for the enforcement or interpretation of this Agreeme
the County and Engmeer agree that venue will lie in the appropriate court or before t
appropriate administrative body in Monroe County,, Florida. The Parties waive their rights to
trial by jury. The County and Engineer agree that, in the event of conflicting interpretations
I 4 1 1 1 i". W"- QW"i --iii &I iiial i
111cluawrn pilln ur 11w 111butitiun U ally Omer adminisfrativ
e or legal proceeding, pursuant to th
7greement.
C) Seveirability. If any term, covenant, condition or provision of this Agreement (0:
OIL-
to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditio
and provisions of this Agreement, shall not be affected thereby; and each remaining t
covenant, condition and provision of this Agreement shall be valid and shall be enforceable I
the fullest extent permitted by law unless the enforcement of the remaining terms, covenan
conditions and provisions of this Agreement would prevent the accomplishment of the origin
intent of this Agreement, The County and Engineer agree to reform the Agreement to repla
112712011 2A0 10
Contract for Transportation Planning Services — URS Corporation Southern
a t I j
...... .....
if I
by the Engineer and coun in conjunction wi ills
right to unilaterally cancel this Agreement upon violation of this provision by County.
0) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the Engineer and the County in this Agreement and the
acquisition of any commercial liabty insurance coverage:, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to �ki,
1/27/20)] 2,40 12
''IMS
extent of liability coverage, nor shall any contract entered into by the County required to
contain any provision for waiver.
P) Privileges and Immunities. All of the privileges and immunities rrom liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
co ensation, and other benefits which ap I to the acti
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 patties hereto may execute this Agreement
by singing any such counterpart.
X) Section Headings. Section headings have been inserted in this AgRement asim
matter of convenience of reference onl �vqf
R f this Agreement and will not be used in the ! ffi
of any provision of this Agreement.
y) Notwithstanding any other provision to the contrary in this Contract an, d to the Mest
extent permitted by law, neither Owner nor Engineer shall be liable, whether based on contract,
tort, negligence, strict liability, warranty, indemnity, error and omission or any other cause
whatsoever, for any consequential, special, incidental, indirect, punitive or exemplary damages,
or damages arising from or in connection with loss of power, loss of use, loss of revenue or
profit (actual or anticipated), loss by reason of shutdown or non-operation, increased cost of
constructiR n, cost of capital, cost of replacement power or customer claims, and Engineer hereby
releases Owner and Owner hereby releases Engineer from any such liability.
Signatures on Following Page
1/27t2011 2:40 14
Title
Carlos Garcia
Print Name
V0
U,
COUNTY OF KtqL?k —
LgA
On this day of )W6�� " 201 before me the person whose name is subscribed above,
and W110 Droduced�4
<L
iio she is the verson
AAA (Al ) as identification, acknowledeed thpal
for the purposes therein contained.
1/27/20112:40 15
C:)
00
C:)
COUNTY OF KtqL?k —
LgA
On this day of )W6�� " 201 before me the person whose name is subscribed above,
and W110 Droduced�4
<L
iio she is the verson
AAA (Al ) as identification, acknowledeed thpal
for the purposes therein contained.
1/27/20112:40 15
EXHIBIT A
YOURLY FEEa
Posibon
Billing Rate (in Dollars)
02J1612011
to
1213112011
1111101210
12/31/2012
111/2013 to
1V3112013
111121114 to
0211&7015
Project Manager
$206.41
$212.60
$218-98
$225.55
Senior Transportation Engineer/Planner
$172.69
$177-87
$183.21
$188.70
Transpodation Engineer/Planner
$96.76
$199.66
$102-65
$10573
CADD/Graphic Technician
$89,16
$91.83
. . ........... . A
$94.69
$97.43
Clerical
. . ........................
$5112
$52.76
$54.34
$55.97
1127/2011 2:40 16