01/23/2019 Agreement `per.... ,, Kevin Madok, CPA
#1 3 .'`''�. s Clerk of the Circuit Court&Comptroller—Monroe County, Florida
11`��� sdr
DATE: January 25, 2019
TO: Judith Clarke, PE, Director
Engineering/Roads&Bridges
ATTN: Olympia Newton
Engineering Department/Stop 1
FROM: Pamela G. Hanc .C.
SUBJECT: January 23'BOCC Meeting
Enclosed is a duplicate original ,of each of the following, for your handling:
C3 Interlocal Agreement with the City of Key West(City) for additional engineering
design and permitting services for the 1st Street/Bertha Street Roadway Improvement Project,
whereby the City will reimburse the County in the design phase in the amount of$20,495.00.
C4 Amendment No. 1 to the Agreement with EAC Consulting, Inc. to revise the scope
to include additional engineering design and permitting services requested by the City of Key
West, for the 1st Street/Bertha Street Roadway Improvement Project in the maximum, not to
exceed design phase, amount of$20,495.00 (to be reimbursed to the County by the City as per the
ILA also on this agenda, Item C3, for consideration).
Should you have any questions, please feel free to contact me at(305) 292-3550. Thank
you.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
INTERLOCAL AGREEMENT
FOR ENGINEERING DESIGN, PERMITTING AND CONSTRUCTION SERVICES
FOR Pt STREET/BERTHA STREET (KEY WEST) ROAD IMPROVEMENT PROJECT
THIS INTERLOCAL AGREEMENT is made and entered into as of th•
isq25r day of
January 2019, between Monroe County, a political subdivision of the State of Florida,
(hereinafter the COUNTY), and the City of Key West, a municipal corporation organized and
existing under the laws of the State of Florida, (hereinafter the CITY).
WHEREAS, 1st Street and Bertha Street are COUNTY maintained roads within the
municipal limits of the CITY, and
WHEREAS, in accordance with Florida Statutes, the COUNTY is responsible for the
maintenance of the roadway from curb face to curb face and associated drainage of the road and
the CITY is responsible for the maintenance of physical improvements within the right of way
including but not limited to sidewalks, traffic control devices and utilities operated by the CITY,
and
WHEREAS, the COUNTY is currently under contract in the engineering design and
permitting phase of the Pt Street/Bertha Street Road Improvement Project (Project) with EAC
Consulting, Inc. (Consultant) and the CITY has requested sidewalk and traffic control
improvements to be added to the COUNTY's Consultant contract as outlined in "Attachment
A"; and
WHEREAS, the CITY will be responsible for reimbursing the COUNTY for the costs of
the additional Consultant design as defined in "Task 6 of Attachment A" (CITY scope of work)
and the portion of the construction costs associated with the CITY scope of work to be
determined during the COUNTY's construction bid phase of the project;
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, the parties agree as follows:
1. The COUNTY will enter into Amendment 1 (Task 6) to the contract with EAC Consulting,
Inc. (EAC) for Engineering Design and Permitting Services for 1st Street/Bertha Street Roadway
Improvement Project, specifically for the requested CITY scope of work.
2. The Work will be performed in accordance with COUNTY and Florida Department of
Transportation(FDOT) standards.
3. The CITY will reimburse the COUNTY 100% of the CITY scope of work in the amount of
$20,495.00 as defined in EAC Task 6 of Attachment A. The COUNTY will submit a copy of
the Amendment 1 to the EAC Engineering Design and Permitting Services contract for 1st
Street/Bertha Street Roadway Improvement Project, to the CITY with the request for
reimbursement and will include copies of all consultant pay applications, evidence of payment
to the consultant by the COUNTY.
1st Street and Bertha Street City of Key West Interlocal Agreement—January 23, 2019
1
4. Additionally, in the future construction phase of the project, the CITY will reimburse the
COUNTY for 100% of the cost associated with the CITY scope of work as determined by the
construction pay items and unit costs that are directly applicable to that work. The CITY will
also pay a percentage share of the mobilization and maintenance of traffic costs that is
proportional to the CITY's direct pay items of the total cost of construction, which will be
itemized in the schedule of values. The CITY will also pay any change order requested and
approved by the CITY.
The COUNTY will make requests for reimbursements to the CITY based upon the Consultant's
invoices and construction contractor's pay applications. The COUNTY will include copies of all
contractor pay applications, evidence of payment to the construction contractor by the
COUNTY, and releases of liens from the contractor and all subcontractors (if applicable).
5.The separate contracts for engineering design and construction will be between the COUNTY
and its Consultant (EAC) and Contractor (to be determined); the CITY may monitor the work
but is not a party to the contract.
6. This Interlocal Agreement in no way relieves the CITY from its obligation to maintain any of
the items for which it is responsible, nor does this alter the COUNTY's liability and
responsibility regarding maintenance of the roadway from curb face to curb face and associated
drainage of the road. This Agreement shall not alter the CITY or COUNTY'S maintenance
responsibilities as proscribed by law.
7. This Interlocal Agreement shall become effective immediately upon execution. It is
anticipated that the Project completion will be reached in 2020.
8. In the event of any failure of compliance by either party hereto with any of its material
obligations to the other party as provided herein, such action shall constitute a default under this
Agreement.
9.Upon any such default,the non-defaulting party shall provide to the defaulting party a written
Notice of such default, which Notice (a "Default Notice") shall state in reasonable detail the
actions the defaulting party must take to cure the same. The defaulting party shall cure any such
default within 30 days following the date of the Default Notice.
10. Notwithstanding the provisions of this Section, if any such default by the defaulting party
remains uncured at the conclusion of any specified 30 day cure period, and if the nature of the
defaulting party's obligations are such that more than 30 days is required to effect cure,then the
defaulting party shall not be in default hereunder and the non-defaulting party shall not have the
right to exercise its termination rights granted herein as a result of any such default, it the
defaulting party commences cure within the applicable cure period and thereafter diligently
pursues cure to completion of performance.
1 st Street and Bertha Street City of Key West Interlocal Agreement—January 23,2019
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11. In the event the defaulting party fails to Affect any required cure as provided for herein, the
defaulting party shall be deemed to be in uncured default hereunder, and the non-defaulting
party shall have the right,but shall not be obligated,upon written Notice to the defaulting party,
to terminate this Agreement.
12. If such Notice is given,this Agreement shall terminate on the date set forth in the Notice and
the parties shall be relieved of all rights and obligations hereunder, except for any rights and
obligations that expressly survive termination.
13. To the extent permitted by law and subject to the provisions and monetary limitations of
Section 768.28, Florida Statutes, the COUNTY and CITY do hereby agree to defend, indemnify
and hold the other, its officers, agents or employees, harmless from and against any and all
liability, damages, costs or expenses (including reasonable attorney's fees, costs, and expenses
at both the trial and appellate levels) arising from the acts of omissions of the respective party or
any third party vendor contracted by the respective party in connection with this Agreement.
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CITY
and the COUNTY in this Agreement and the acquisition of any commercial liability insurance
coverage, self-insurance coverage, or local government liability insurance pool coverage shall
not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract
entered into by the COUNTY or CITY be required to contain any provision for waiver.
14. Notices
All notices, requests, demands, elections, consents, approvals and other communications
hereunder must be in writing and addressed as follows, or to any other address which either
party may designate to the other party by mail:
If to COUNTY: Roman Gastesi,Jr.
County Administrator
Monroe County Historic Gato Bldg.
1100 Simonton Street
Key West,Florida 33040
With a copy to: Christine Limbert-Barrows
Assistant County Attorney
P.O. Box 1026
Key West,Florida 33041-1026
If to CITY: James Scholl
City Manager
City of Key West
P.O. Box 1409
Key West, Florida 33041
1st Street and Bertha Street City of Key West Interlocal Agreement—January 23,2019
3
With a copy to: Shawn Smith,Esq.
City Attorney
City of Key West
P.O. Box 1409
Key West,Florida
Any Notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been duly given if sent by certified
mail, return receipt requested, postage and fees prepaid; hand delivered; or sent by overnight
delivery service.
15.Attorney's Fees and Waiver of Jury Trial.
In the event of any litigation arising out of this Agreement, the prevailing party shall be
entitled to recover its attorneys' fees and costs, including the fees and expenses of any
paralegals, law clerks and legal assistants, and including fees and expenses charged for
representation at both trial and appellate levels. •
In the event of any litigation arising out of this Agreement, each party hereby
knowingly, irrevocably,voluntarily and intentionally waives its right to trial by jury.
16. Adjudication of disputes or Disagreements
COUNTY and CITY agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If the issue
or issues are still not resolved to the satisfaction of the parties, then any party shall have the
right to seek such relief or remedy as may be provided by this Agreement or by Florida law.
17. Cooperation
In the event any administrative or legal proceeding is instituted against either party relating to
the formation, execution,performance, or breach of this Agreement,COUNTY and CITY
agree to participate,to the extent required by the otherr 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 CITY specifically agree that no party to
this Agreement shall be required to enter into any arbitration proceedings related to this ,
Agreement.
18. Governing Law.
This Agreement shall be construed in accordance with and governed by the laws of the
State of Florida. Exclusive venue for any litigation arising out of this Agreement shall be in
Monroe County, Florida, lower Keys Division of the Circuit Court or the Southern District of
Florida.This Agreement is not subject to arbitration.
1' Street and Bertha Street City of Key West Interlocal Agreement—January 23,2019
4
19. Entire Agreement/Modification/Amendment.
This writing contains the entire Agreement of the parties and supersedes any prior oral
or written representations. No representations were made or relied upon by either party, other
than those that are expressly set forth herein.
No agent, employee, or other representative of either party is empowered to modify or
amend the terms of this Agreement,unless executed with the same formality as this document.
20. No Assignability.
This Agreement shall not be assignable by either party unless such assignment is first
approved by both parties.
21. Severability.
If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of the Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the fullest
extent permitted by law.
22. Independent Contractor.
The COUNTY and its employees, volunteers, agents, vendors and subcontractors shall
be and remain independent contractors and not agents or employees of the CITY-with respect to
all of the acts and services performed by and under the terms of this Agreement. This
Agreement shall not in any way be construed to create a partnership, association or any other
kind of joint undertaking, enterprise or venture between the parties.
23.Waiver.
The failure of either party to this Agreement to object to or to take affirmative action
with respect to any conduct of the other which is in violation of the terms of this Agreement
shall not be construed as a waiver of the violation or breach, or of any future violation,breach or
wrongful conduct.
24. Funding.
Except as set forth in this Agreement, the parties agree that the CITY's responsibility
under this Agreement is to primarily to provide funding relating to the CITY's scope of work.
25. Survival of Provisions.
Any terms or conditions of this Agreement that require acts beyond the date of the term
of the Agreement, shall survive termination of the Agreement, shall remain in full force and
1'Street and Bertha Street City of Key West Interlocal Agreement—January 23,2019
5
effect unless and until the terms or conditions are completed and shall be fully enforceable by
either party.
26. Counterparts.
This Agreement may be executed in several counterparts, each of which shall be deemed
an original and such counterparts shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
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CITY OF KEY WEST, F ORIDA
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CHRISTINE LIMBERT-BARROWS9• •:1
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1st Street and Bertha Street City of Key West Interlocal Agreement—January 23,2019
6
ATTACHMENT
A
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— '-�
EAC Consulting,Inc.
•
November 14, 2018
Debra(Debbie) London
Project Manager
Monroe County
102050 Overseas Hwy., Suite 229
Key Largo, FL
Florida 33037
Re: Engineering Design and Permitting for 1st Street/Bertha Street(Key West)
Roadway Improvement Project
Additional Services: Supplemental No. 1 —City of Key West Scope Request
Dear Ms. London,
EAC Consulting Inc. (EAC) is pleased to submit this fee proposal to provide civil engineering services
in reference to the request from the City of Key West to include additional improvements as part of this
project.
Background&Scope of Services
It is our understanding that the City of Key West requested to include additional scope elements that fall
within the City's jurisdiction as part of the above referenced project. EAC will perform the necessary
analysis and design to include the improvements requested by the City (see Attachment A).
Project Limits
1. 1st Street from North Roosevelt Boulevard (US-1)to Flagler Avenue
2. Bertha Street from Flagler Avenue to South Roosevelt Boulevard (A1A)
Scope of Work
Our scope of works will include the following:
Task 6 -City of Key West Additional Scope Request
Refer to Attachment A
Our fee proposal is summarized as follows:
Task No. Description Fee
Task 6 City of Key West Additional Scope Request $20,495.00
8
5959 BLUE LAGOON DRIVE • SUITE 410 • MIAMI, FL 33126 • 305.265.5400 eacconsuh.com
EArk ,„iirr A
EAC Consulting,Inc.
The aforementioned scope of services assumes that:
1. No utility relocation design is included in this supplemental.
2. No Right of Way modifications are required.
3. A study of traffic volumes and pedestrian volumes along the corridor is not included in this
supplemental.
4. Anticipated permitting fees have been included as part of the reimbursables in the original
approved contract. In the event that permit and reimbursables exceeds the budgeted amounts,
then the County will approve a supplemental to reimburse EAC for additional direct expenses.
Sincerely,
EAC Consulting, Inc.
Daniel Danny) Greenberg, P.E.
Project Manager
cc. File, Rick Crooks, P.E. — EAC, Rodney C. Devera, P.E. — EAC and David Kuang - EAC
9
5959 BLUE LAGOON DRIVE • SUITE 410 • MIAMI, FL 33126 • 305.265.5400 eacconSult.corn
City of Key West Scope Request
10
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THE CITY OF KEY WEST
1300 White Street Key West, FL 33040
October 31,2018
Judith Clarke,P.E.
Monroe County Department of Engineering
1100 Simonton Street,Room 2-216
Key West,FL 33040
RE: 1st and Bertha Project Coordination-Key West Scope Request(Revised)
Per the City of Key West(CKW)Engineering Department's review of the base maps dated September 13,
2018 by EAC Consulting,Inc.,we request the following improvements to be evaluated and implemented
in conjunction with the 1st and Bertha Street Improvement Project led by the Monroe County Department
of Engineering:
General Requests
1. Correct existing non-compliant ADA sidewalks and curb ramps
2. Add ADA compliant curb ramps where none exist along ADA paths of travel
3. Replace damaged sidewalk panels
4. Evaluate feasibility of adding a 5'bike lane northbound on Bertha between South Roosevelt and
Flagler. Sharrows are acceptable in the southbound direction within this same segment.
Sheet 2/3
1. Correct grades on shared use path to be ADA compliant
2. Resurface shared use path
3. Add tactile warnings as needed
4. Perform study to identify feasibility of cross walk at intersection of Bertha Street and Atlantic
Boulevard.
Sheet 4/5
1. Evaluate feasibility of adding sidewalk between Station 209+00 and 212+40 on the west side of
Bertha Street.Implement if feasible.
2. Fix broken sidewalk panels on west side of Bertha between Station 212+80 and 216+40. Upgrade
to current ADA standards as needed.
3. Upgrade curb ramps(SW and NW corners)along west side of Bertha and Venetia
4. Evaluate feasibility of adding ADA sidewalk along the west side of Bertha between Venetia and
Flagler.Implement if feasible.
Key to the Caribbean - Average yearly temperature 77 ° F.
11
Sheet 6/7
1. Add sidewalk along west side of 1st Street from Flagler to Seidenberg
2. Add sidewalk at gap between Station 230+40 and 231+50
Sheet 8/9
1. Raise western sidewalk as practicable between Station 236+20 and 240+20
2. Add sidewalk along east side of street between Station 240+40 and 241+60
It is my understanding that the improvements requested by CKW will be an amendment to the
county's existing contract with EAC.Furthermore,as discussed on the telephone,the county will
send a draft Interlocal Agreement(ILA) for CKW review. We appreciate the opportunity to
coordinate with the county on the project.Please let me know if EAC needs any additional
information regarding the amendment of their scope.
Sincerely,
Kelly M. Crowe,P.E.
City Engineer
Cc: Steve McAleamey,City of Key West,Director of Engineering
James Bouquet,P.E.,City of Key West, Senior Project Manager
12