Item M4BOARD 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.4
Agenda Item Summary #2323
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500
N/A
AGENDA ITEM WORDING: Approval of Work Order 418 in the amount of $50,000 under the
URS Transportation Planning Continuing Services contract. Contract funded at 87.5% ($43,750)
through a Joint Participation Agreement (JPA) from the Florida Department of Transportation. The
county's share for this work order is $6,250.
ITEM BACKGROUND:
The BOCC approved a Continuing Services Contract in February 2011 for URS Corporation
Southern (URS). A one year time extension was approved January 2015 to extend services through
March 15, 2016. A second one year time extension was approved January 2016 to extend services
through March 15, 2017. A third time extension of two and half (2.5) months, to June 1, 2017, of the
URS Contract for Transportation Planning Services is being requested to allow this form to complete
the US 1 Travel Time Study.
The contract provides for traffic impact studies, concurrency management, and other traffic/
transportation engineering services. This work order will be used for miscellaneous traffic
engineering services required by the county. It is funded at 87.5% ($43,750) through a Joint
Participation Agreement (JPA) from the Florida Department of Transportation. The county's share
for this work order is $6,250.
Staff is developing a Request for Qualifications (RFQ) for Transportation Planning Services.
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.
October 2011- Approval of Work Order 42 for Traffic Impacts and Concurrency Management in the
amount of $50,000.
October 2012 - Approval of Work Order 44 for Traffic Impacts and Concurrency Management in the
amount of $50,000.
May 2014- Approval of Work Order 49 for Traffic Impacts and Concurrency Management in the
amount of $25,000.
August 2014- Approval of Work Order 410 for Traffic Impacts and Concurrency Management in the
amount of $50,000.
January 2015- Approval of first option to renew Continuing Services Contract through March 15,
2016.
June 2016 - Approval of Work Order 414 for Traffic Impacts and Concurrency Management in the
amount of $50,000.
January 2016 - Approval of second option to renew Continuing Services Contract through March 15,
2017.
CONTRACT /AGREEMENT CHANGES:
URS Work Order 418
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
URS Work Order 418 General Services
3rd contract amend _URS to June 12017
URS Contract 2011
FINANCIAL IMPACT:
Effective Date: 11/2/2016
Expiration Date: 6/1/2017
Total Dollar Value of Contract: $50,000
Total Cost to County: $6,250
Current Year Portion: $6,250
Budgeted: Yes
Source of Funds: 125 - 50519 - 530490- GW1201- 530310 (FDOT JPA AQN -53)
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant: FDOT JPA AQN -53
County Match:
Insurance Required:
Additional Details: Work Order #18 in the amount of $50,000 under the BOCC approved
URS Transportation Continuing Services contract for traffic impact reports and concurrency
management.
REVIEWED BY:
Mayte Santamaria Completed
Assistant County Administrator Christine Hurley
11/02/2016 4:05 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
11/02/2016 10:51 AM
Completed
11/02/2016 4:24 PM
11/02/2016 4:27 PM
11/02/2016 4:39 PM
11/03/2016 7:42 AM
11/03/2016 10:09 AM
11/03/2016 12:15 PM
11/22/2016 9:00 AM
Monroe County Professional Transportation Planning/Engineering Consultant Services
Work Order # 18
TRAFFIC IMPACT REPORTS AND CONCURRENCY MANAGEMENT REVIEW
APPLICANTS' ESCROW ACCOUNTS
Scope of Services
Traffic Impact Review — Applicant Escrow Account
The Consultant will provide the following services related to the review of traffic impact reports
solely under the private applicants' escrow accounts upon the request of the Planning
Department staff.
• Advise developers on the requirements for preparation of traffic impact reports in
Monroe County;
• Review and provide technical comments on traffic impact reports submitted by
developers;
• Prepare and/or present recommendations on traffic impact reports to County staff,
Planning Commission, and the Board of County Commissioners as appropriate;
• Provide recommendations to County staff on revisions to County Traffic Report
guidelines;
• Evaluate traffic impacts related to Future Land Use Map (FLUM) and county
comprehensive plan amendments;
• Conduct a cumulative impact review for all US 1 construction projects in relation
to current and proposed development projects; and
• Other transportation planning tasks as requested by county staff as it relates to the
development review process.
End Products
The Consultant shall prepare written memoranda and reports and make oral presentations as
required.
Compensation for Services
A not to exceed amount of $50,000 is authorized under this Work Order. The Consultant shall be
reimbursed at the unit rates prescribed in the contract. The Consultant may submit monthly
invoice for partial payment of the task.
19 DKIRR I T17-MM7011MR-Mr,
7800 Congress
Suite r
Boca Raton, Fl- 33487
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Fax: 661.994.6524
W.O. # 18: Traffic Impact Reports and Concurrency Management Review — Applicants' Escrow Accounts
October 27, 2016
Page 2 of 2
Schedule
The schedule for completion of work tasks shall be determined during the assignment of projects
covered under this Work Order by the Planning Department staff.
Monroe County Transportation Planning Services
Agreement for Professional Services
Work Order # 18 - Traffic Impact Reports and Concurrency Management Review
Applicants' Escrow Account
ACCEPTED AND APPROVED
Monroe County
(Signature)
(Name & Title)
(Date)
Carlos Garcia / Vice Presiden
(Name & Title)
10/27/2016
(Date)
ON OE COUNTY ATTORNEY
AP OVED AS T RM:
i'.�WIIaL AMS
ASSISTANT GOVIN111 ATTORNEY
Date ... J 11, �.
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.
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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
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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
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
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"I TU to a AT'91 - ' IT
031
1.1 REPRESENTATIONS AND WARRANTIES
toI I tlre OviI
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;
due to missing or incorrect design elements in the contract documents;
MAT Mce—r-4 K 40=0 I
1.1.6 In providing all services pursuant to this, agreement, the Engineer shall abide by all
k-Aatutes, ordinances, rules and regulations pertaining to, or regulating such services, including
those now in effect and hereinafter ado?.ted.
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
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�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.
SA This indemnification shall survive the expiration or early termination of the Agreenl
Ar Piga-i-ra q S -f, Southern
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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.
73.2 If funding cannot be obtained or cannot be continued at a level sufficient to allow
contracts for individual projects, the agreement may be terminated immediately at the option
the County by written notice of termination delivered to the Engineer. 'Me County shall not
obligated to pay for any services provided by the Engineer after the Engineer has receiv
written notice of termination, unless otherwise required by law. I
733 The County does not guarantee Engineer any specific amount of work under this
agreement. The parties shall enter into a task ord--r 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.
7.3A Monroe County"s performarice and obligation to pay under this contract Is contingenj
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
turation.
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 M 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.
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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
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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
. . . . . ...........
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any stricken provision with a valid provision that comes as close as possible to the intent of ff
stricken provision.
d) Attomey's, Fees and Costs. 17be County and Engineer agree that in the event any
cause of action or administrative proceeding is initiated or de&nded by any party relative to the
each . - V shall its own attompyAs' f�es an.?
costs.
e) Binding Effect�. The terms, covenants, conditions, and provisions of this
Agreement shall bind and miure 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,
�Oiia 7-rd rmance of this AQ riz
.a"thavr-been duly autho ' ed by all necessary County
El i
and corporate action, as requireli-m
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
an I
d is, empo wered to apply for, seek, an d o btain federal a nd state funds t o further the purpos e
this Agreement; provided that all applications, requests, grant proposab, and flIndi
solicitations shall be ayroved 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 XIV 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.
1) Cooperation. In the event any administrative or legal proccedin is ins'itu
against either party relating to the formation, execution, perfortnance, or b!reach of
9 iu ate, to the extent re uired L� the other
F A
in all proceedings, hearings, processes, meetings, and other activities related to the substance
this Agreement or provision of the services under this Agreement. County and Engine
speci ically agree that no party to this Agreement shall be required to enter into any arbitratil
proceedings related to this Agreement.
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1/27/2011 2:40
a t I j
L MAW
HITTIM716 M nutsiTr ITTLEM"N' —MW. MWO -
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.
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;
aT,d disclosure or use of certain information.
m) No SolicitatioiL/Payment. llie 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
xrf.dry_ij�wj - ;, of MaiSer 119, Florida Statutes, and made or received
POMIT-3
121MIMM WALIMMUOMAJUR1162MAK R3111
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 liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to thi,
1/27/20)] 2,40 12
1111
extent of liability coverage, nor shall any contract entered into by the County required
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'
couensation, and other benefits which agly to the activi6 of offijers, age t% 0i a 0-1 awaitt'!
this Agreement withi 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-Dclegation of Constitutional 13
Statutory Duties, This Agreement is not intended to, nor shall it be construed as, relieving
participating entity from any obligation or responsibility imposed upon the entity by law exce
to the extent of actual and timely performance thereof by any participating entity, in which ca
the perfbrmance may be oMred, in satisfaction of the obligation or responsibility. Further,
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of
constitutional or statutory duties of the County, except to the extent permitted by the Flori
constitution, state statute, and case law.
T) Non-Reliance b Non-Partles. No person or entity shall be entitled to rely upon
y I
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 a s the County may
F - easonably require including a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement,
0 No Personal Liability. No covenant (IT agreement contained 1,eiein shall be
deemed to be a covenant or agreement of a member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Moinroe
County shall be liable personally on this Agreement or be subject to any personal hiability or
zccountability by reason of the execution of this Agreement.
U) Americans with Disabilities Act of 1990 (ADA). The Engineer will comply wl
all the requirements as imposed by the ADA, the regulations of the Federal government Issu
thereunder, and the assurance: by the Engineer pursuant thereto, I
V) Disadvantaged Business Enterprise (DiBE) Policy And Obligation. it Is the policy
of the County that DBiE's, as defined in C.F.R. Part 26, as amended, shall have: the opportunity
to participate in the performance of contracts fuianced in whole or in part with County funds
under this Agreement. The DBE requirements of applicable federal and state laws and
1/27/2011 2:40 13
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
if this Agreement and will not be used in the interpretation 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
$94.69
$97.43
Clerical
. . ........................
$5112
$52.76
$54.34
$55.97
1127/2011 2:40 16