Item B06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 14,2002
Division: Growth Management
Bulk Item: Yes
X No
Department: Planning & Environmental Resources
AGENDA ITEM WORDING: Approval of Amendment (No.4) to contract between Monroe County and URS
Corporation Southern for provision of transportation services under the current contract.
ITEM BACKGROUND: The contract between Monroe County and URS Corporation Southern was amended in
April, 2001, to increase the amount of funding for transportation planning consultant services from $395,000 to
$495,000.
In April, 2001, the BOCC approved an amendment to the County's contract with URS Corporation Southern
increasing the total amount payable from $395,000 to $495,000 to reflect a portion of the additional monies made
available by FDOT and additional work to be completed. URS Corporation Southern has satisfactorily completed
nearly 80% of the services under its current $495,000 contract.
The Department is, therefore, requesting Board approval to amend the contract for additional funds made available
by the FDOT (an additional $100,000). This will leave a remainder of $100,000 available for additional services in
the JP A. This amendment will provide funds for the Planning Department and Consultant to identify additional work
to be accomplished, including concurrency management policies and procedures.
PREVIOUS RELEVANT BOARD ACTION: On March 3, 1997, the BOCC approved the execution of an
agreement with URS Greiner, Inc. (now URS Corporation Southern) for provision of transportation services. On
January 13, 1999, the BOCC approved the execution of an amendment and the amount was increased to $295,000.
The contract was again amended on September 9, 1999 to $395,000 and again on April 19, 2001 to $495,000.
CONTRACT/AGREEMENT CHANGES: Increase the amount payable to URS Corporation Southern by
$100,000 to $595,000.
STAFF RECOMMENDATION: Approval
TOTAL COST: $100,000
BUDGETED: Yes N/A No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/A YEAR
APPROVED BY: County Attorney X
OMB/Purchasing
X
DIVISION DIRECTOR APPROVAL:
, ICP
DOCUM;ENTATION: Included )(
To follow
DISPOSITION:
AGENDA ITEM #:
Not Required
,~ -{?tv
i~ C:\Colleen\Agenda Item Summaries\URS Amend 4 021402.doc
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: URS Corporation Southern Contract # AI-893
Effective Date: 03-03-97
Expiration Date:
Contract Purpose/Description:
Provide consultant transportation engineering and planning services to the
County. The contract dollar value is increased from $495,000 to $595,000.
All other provisions of this agreement shall remain in full force and effect.
Contract Manager: Timothy J. McGarry 2519 Growth Management- Stop 11
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 2/14/02 Agenda Deadline: 1/28/02
CONTRACT COSTS
Total Dollar Value of Contract: $ 595,000
Budgeted? Yes[K] No D Account Codes:
Grant: $ 595,000
County Match: $ 00. 00
Current Year Portion: $
'4.25 SaSOl .538J48
J:lL~5tft; ~2:i.tL!~~{) / let -5'505Vi)
ADDITIONAL COSTS
Estimated Ongoing Costs: $ N/ A /yr For: N/ A
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc,)
CONTRACT REVIEW
Changes
Date In Needed
Division Director .:l1'11'l,,- YesD Noff
/
Risk Management 1_\ .jet \u 2--. YesD No[~]/ C\ .l. 'I...~
O.M.B./Purchasing ~ YesD NoD' I
County Attorney //';;5,/02- Y es~ N o@
Date Out
rJ,) Y. D1.-
AMENDMENT #4 TO
AGREEMENT BETWEEN MONROE COUNTY
AND URS CORPORA liON SOUTHERN,
DATED MARCH 3. 1997
The Board of County Commissioners and URS Corporation Southern, hereby agree to
amend the subject Agreement as follows:
. The first sentence of Section 5.1:
-The maximum compensation available to the Consultant under this agreement is
$595,000.00. u
This amendment will provide funds for additional work to be accomplished for
Monroe County as requested by the Planning Department including the 2002 Travel
Time Delay Study, traffic data collection and a trip length survey. All other
provisions of the Agreement between Monroe County Board of County
Commissioners and URS Corporation Southern shall remain in fult force and effect.
ArrEST: Danny L Kolhage. Clerk
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY. FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
A TrEST:
By ~1~
By:
C~
/
AIIISlJ}-. _ .1
~ IL-f- I )
AMENDMENT NO.1 TO
AGREEMENT BETWEEN MONROE COUNTY
AND URS CONSULTANTS, INC.,
OA TED MARCH 3, 1997
The Board of County Commissioners and URS, Consultants, Inc., hereby agree to
amend the subject Agreement to read as follows:
· Throughout the contract: Change URS, Consultants, Inc., to read URS GREINER,
Inc.
· the first sentence of Section 5.1:
"The maximum compensation available to the Consultant under this agreement
is $295,000.00."
· Section 5.3 The hourly billing rates of the CONSULTANT used in calculating the
compensation due are: .
Position
Rate
11/1/98 to 10/31/99
Rate
11/1/99 to 10/31/00
Project Manager
Principal
Senior Trans. Eng.lPlanner
Transportation Eng.lPlanner
Jr. Transport. Eng.lPlanner
CADD/Graphic Technician
Clerical
$97.47
$157.76
$99.97
$71.85
$48.76
$41.22
$33.96
$101.30
$165.65
$104.97
$75.44
$51.20
$43.28
$35.65
All other provisions of the Agreement Between Monroe County Board of County
Commissioners and URS, Consultants, Inc., shall remain in full force and effect.
_.1....__
-.......
'-
"
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By~ -, tl~,..1\ ""tV ~ . '-~ l>-- ~
Mayor/Chairman
~ssistant Secretary
URS GREINER, Inc.
J.
I. PJ. ))t-, ,
-'"
By:
By:
Document/consu/t/ursamend1.doc
AMENDMENT NO.2 TO
AGREEMENT BETWEEN MONROE COUNTY AND
URS GREINER, INC.,
DATED MARCH 3, 1997
The Board of County Commissioners and URS GREINER, Inc. hereby agree to amend the
subject Agreement to read as follows:
. Throughout the contract: Change URS GREINER, Inc., to read URSGREINER Woodward
Clyde, Inc.
. The first sentence of Section 5.1:
"The maximum compensation available to the Consultant under this agreement is $395,000.00"
All other provisions of the Agreement between the Monroe County Board of County
Commissioners and URS GREINER, Inc., shall remain in full force and effect.
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
. - ~-
By: ~ . b ~...j .- . -. ........... , . - -" " -
Mayor/Chairman
Assistant Secretary
URS Greiner Woodward Clyde, Inc.
,/j/ / /l .
By: (. (LLL4,. (---,../-. /-~-'<f.-
Vice PresideIit
'--"
ATTEST:
By:
AMENDMENT #3 TO
AGREEMENT BETWEEN MONROE COUNTY
AND URS CORPORATION SOUTHERN,
DATED MARCH 3,1997
The Board of County Commissioners and URS Corporation Southern, hereby agree to
amend the subject Agreement as follows:
. .
· Throughout the contract: Change URS GREINER Woodward Clyde, Inc. to read
URS Corporation Southern.
· The first sentence of Section 5.1:
"The maximum compensation available to the Consultant under this agreement is
$495,000.00. n
· Section 5.3 The hourly billing rates of the CONSULTANT used in calculating the
compensation due are:
Position
Rate
11/1/99 to 10/31/00
Rate
11/1/00 to 10/31/02
Project Manager
Principal
Senior Transp. Eng.lPlanner
Transportation Eng.lPlanner
Jr. Transp. Eng.lPlanner
CADD/Graphic Technician
Clerical
$101.30
$165.65
$104.97
$75.44
$51.20
$43.28
$35.65
$121.78
$141.27
$116.29
$83.33
$58.21
$51.61
$31.89
All other provisions of the Agreement between Monroe County Board of County
-Commissioners and URS Consultants, Inc. shall remain in full force and effect.
BOARD OF COUNTY
COMMISSIONERS OF
I MONROE ,eUN~ID':d-
~~g- <s
Mayor/Chairman
ATTEST: Y:~b/;"hA ~sc:.
URS Corporation Southern
By:
By:
APPRO D AS TO FORM
BY~
Attorney's Office 7
MONROE COUNTY
TRANSPORTATION PLANNING SERVICES
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into this ,)/!O . day of tl2!Ui, ,
1997, by and between the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,
Monroe County, Florida, referred as the "CLIENT", and URS
Consultants, Inc., with offices located at 5200 NW 33rd Ave., Suite
201, Fort Lauderdale, FL 33309, hereinafter referred to as the
CONSULTANT.
WHEREAS, the CLIENT has determined that it is necessary, expedient,
and to the best interest of the CLIENT to retain a CONSULTANT to
render and perform consulting and other professional services in
connection with the providing technical assistance to Monroe County
in the area of transportation planning services.
WHEREAS, THE CLIENT desires to engage the CONSULTANT on a contract
basis, for work assignments, as per the authorization procedures
hereinafter set forth.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
SECTION 1. EMPLOYMENT OF THE CONSULTANT
- - -"..- '- _.- ..
...\..- ...."'~TC!TTT.,.,'I\"''M' ..,-~ ...\..- ~:::3ULTANT agrees to
perform services hereinafter described.
SECTION 2. SCOPE OF SERVICES
The CONSULTANT shall do, perform and carry out in a professional and
proper manner certain duties as described in the Basic Scope of
Services - Exhibit "A" - which is attached hereto and made a part of
this agreement.
SECTION 3. CLIENT'S RESPONSIBILITIES
The CLIENT shall complete the following in a timely manner so as not
to delay the services of the CONSULTANT:
3.1 Provide all best available date and base maps as to the
-
'-.....,......&....1..... .;;I ....~'":t'-'4~~CI.UC"'''''-w .a.t...J.6.. "v....'- ~~w_:t"'''''U'~'''.\'''W. "'''-~_:::;''''''___
writing a person with authority to act on the CLIENT's
behalf on all matters ~oncerning the Work Assignment.
CONTRACT.01/TXTPLOWB
2
3.2 Furnish to th~ (, 'NSULfANT all existing plans, studies.
reports, and other. available data pertinent to the work
described in Exhibit "A", and obtain or provide additional
reports and data as required by the CONSULTANT. The
CONSULTANT shall be entitled to use and rely upon such
information and services provided by the CLIENT or others in
performing the CONSULTANT's services.
3.3 Arrange for access to and make all provisions for the
CONSULTANT to enter upon public and private property as
reasonably required, and legally allowed, for the CONSULTANT
to perform services hereunder. Any obstruction to such
access by private property owners shall not constitute a
basis for waiver of any other required entries on to public
and private property, nor shall it provide a basis for
termination of the contract. In the event that such access
is so obstructed, CONSULTANT and CLIENT shall work together
to resolve the difficulty in a timely manner.
3.4 Perform such other functions as are indicated in Exhibit
"A" including but not limited to scheduling all meetings, .
work sessions, and hearings associated with the performance
of the CONSULTANT's work, including preparation of minutes
and records.
SECTION 4. TIME OF COMPLETION
The services to be rendered bv the CONSULTANT for each individual
..''''''...-1<:- I""1rder _ ~quest: .::>LJ.u.__ ...~ commenced upon written notice from
CLIENT and the work shall be completed in accordance with the
schedule mutually agreed to by the CLIENT and CONSULTANT, unless it
shall be modified in a signed document, by the mutual consent of the
CLIENT and CONSULTANT. Subsequent services shall be performed in
U.ccoraance w~t:n scneaU~e.::i OL perLormance wn~cn sna~~ De mU~~Q--l
agreed to by CLIENT and CONSULTANT.
SECTION 5. COMPENSATION
5.1 The maximum compensation available to the CONSULTANT under
this agreement is $195,000.00. CONSULTANT acknowledges that
the funding for this Agreement is provided by a grant from
the State Department of Transportation. If that funding is
terminated and the CLIENT elects not to continue funding,
then the CLIENT must immediately notify the CONSULTANT of
the termination. The CONSULTANT must immediately cease
to payment for work performed up to the date it received the
CLIENT's notice of termination.
.---... -.....--- ----- .....:J- --...-......-.
.......- --..----.-.- -- -..-.J ---------
::NTRAcr.Ol/TXTFLOWB
3
"5.2 The ci.IRi\i'.1' agrees to pay tile-eoNSULTANT OIl i..h~ lump sum
basis for each individual work order request, including all
direct expenses (as per Section 112.061 Florida Statutes)
associated herewith. These services shall be reimbursed
based on CONSULTANT's hourly rates with direct expense
reimbursement per Section 112.061 Florida Statutes, or as
additional lump sum payments as may be mutually agreed by
CLIENT and CONSULTANT. Any disagreement regarding which
items are reimbursable shall be submitted to the County
Clerk for determination and whose decision shall be final.
5.3 The hourly billing rates of the CONSULTANT used in
calculating the compensation due are:
Position
Rate
Thru 11/1/97
Project Manager
Principal
Senior Trans.Engr./Plan
Trans. Engr.Planner
Jr. Trans. Engr./Planner
CADD/Graphics Tech
Clerical
87.52
143.10
90.69
65.18
44.23
37.39
30.81
SECTION 6. PAYMENT TO CONSULTANT
Rate
11/1/97 - 11/1/98
91. 88
150.25
95.21
68.43
46.44
39.26
32.34
~.1 CONSULTANT ~~~:: submit monthly invoices and progress
reports for services rendered on each individual
work order being performed by the CONSULTANT.
The CLIENT shall make payments in response to CONSULTANT's
i~vni~p~ wirhi" ~~~r'?-fivp- (45) davs nf the invnice date.
~.2 If the CLIENT fails to make any payment due to the
CONSULTANT for services and expenses within forty-five (45)
days after the invoice dates, the CONSULTANT may, after
giving seven (7) days written notice to the CLIENT,
suspend serTices until the CONSULTANT has been paid in :~::
all amounts due for services.
:::CTION 7. AUTHORIZATION OF WORK ASSIGNMENTS
1 All work assignments beyond orin addition to EXHIBIT "A"
shall be authorized in a signed document in accordance with
the CLIENT's policy prior to any work being conducted by the
CONSULTANT.
~ Additional authorizations may contain additional
instructions or provisions specific to the authorized work
for the purpose of clarifying certain aspects of this
~. Ol/TXTFLOWB
4
Agreement pertinent to the work to be undertaken. Such
supplemerital instruction or provisions shall not-be
construed as a modification of this Agreement.
Authorizations shall be dated and serially numbered.
SECTION 8. COST CONTROL
8.1 The CLIENT's budgetary requirements and considerations in
respect of the Work Assignments, including those for any
subcontractors, shall be set forth in said Work Assignment.
8.2 Opinions of probable construction cost, financial
evaluations, and feasibility studies prepared by the
CONSULTANT under the Work Assignment will be made on the
basis of the CONSULTANT's best judgment as an experienced
and qualified professional. It is recognized, however,
that the CONSULTANT does not have control over the cost of
labor, material, equipment, or services furnished by others
over market conditions or contractor's methods of
determining their prices, and that any utilitarian
evaluation of any facility to be constructed or work to b~
performed on the basis of the Work Assignment must be of
necessity speculative. Accordingly, the CONSULTANT does not
guarantee that proposals, bids, or actual costs will not
vary from opinions, evaluations, or studies submitted by the
CONSULTANT to the CLIENT thereunder.
SECTION 9. NOTICES
All notices, requests and authorizations provided for herein shall be
,- ." "'~""''''''Qrl ~,","'''''''Q''''~ =>.,..,~ C!h=>" hQ ~Q'~UQ""Qrl "''''~'Q~ to the
addresses as follows:
To the CLIENT:
Monroe County Board of County
'->0...1\\"'''"..... ~ ~..... _......'-'_ ....J
c/o
Monroe County Planning Department
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
Attention: Planning Director
To the CONSULTANT: URS Consultants, Inc.
5200 NW 33rd Ave., Suite 201
Fort Lauderdale, Florida 33309
Attention: Raj Shanmugan, P.E. (Project)
or
Attention: Hugh W. Miller, P.E. (Contract)
or addressed to either party 1't such other addresses as such party
shall hereinafter furnish to the other party in writing. Each such
notice, request, or authorization shall be deemed to have been duly
CONTRACT.Ol/TXTFLOWB
S
given when so delive~e4. or, if__m~jled, when deposited in t~ mails.
registered, postage paid.
10.1
SECTION 10. GENERAL CONDITIONS
10.2
10.3
_v.iS
J.S
All documents created or prepared by CON&ULTANT and which
are necessary for the fulfillment of this agreement,
including reproducible copies of original drawings
estimates, specifications, field notes, and date are and
remain in the property of the CLIENT. In the event the
CLIENT uses said documents on any projects not covered in
this contract, it shall indemnify and save harmless
CONSULTANT from all damages, including legal fees and costs,
resulting from the reuse of said documents.
This Agreement may be terminated by either party with or
without cause by thirty (30) days written notice to the
other party. In the event of any termination, the CONSULTANT
will be paid for all services rendered and reimbursahle
expenses incurred to date of termination. The CLIENT will.
receive all work product performed, in whatever manner, as
of the date of termination. Termination due to
nonappropriation or funding termination must be done under
para.S.1.
The CLIENT and CONSULTANT each is hereby bound and the
partners, successors, executors, administrators, and legal
....o........"'~"'...to."to.; ~r"'''' -~ .....'" ~T Tt:''!I.TT "',.,~ ~r'\'!I.T~TTT..,..1!t.l'ITT "'.....'" ..............h"
--1:"----....----. -- -- ---- ----....... -....- ---.------~- --- ...-----.J.
bound to the other party of this Agreement and to the
partners, successors, executors, administrators, and legal
representative (and said assigns) of such other ~---J' ~_.
respect of all covenants, agreements, and obligations of
this agreement.
.l.ne ,-UL~.:::lU.uJ.ru~J. o::.UC:U..J. not:. a.ss~9n, ::H.U.J.!.t::L.. UL' CL"C:i.U::iJ..eL a.uy
rights under or interest in (including, but without
limitations, moneys that may become due or moneys that are
due) this agreement or subsequent Work Assignment without
the written consent of the CLIENT, except to the extent that
any assignment, subletting, or transfer is mandated by law
or the effect of this limitation may be restricted by law.
Unless specifically stated to the contrary in any written
consent to any assignment, no assignment will release or
discharge the assignor from any duty or responsibility under
this agreement.
The CONSULTANT shall enter into a subcontract with the firm
of Kittelson and Associates, Inc. to perform some of the
services required in gxhibit A. This subcontract shall be
subject to the prior written approval of the County
Administrator or his designee. Specific services to be
performed by the firm of Kittleson and Associates, Inc.,
,~CT.Ol/TXTFLOWB
10.6
10.7
10.8
10.9
10.10
10.11
10.12
6
_s~all be identified in the CONSULTANT's work aRsignments
in accordance with Section 7 and Sectiori 10. The
CONSULTANT's subcontractors are not third party
beneficiaries under this Agreement, are not in
privity with the CLIENT, and may not seek payment from the
CLIENT for any amount owed them by the CONSULTANT.
The CLIENT's consent to the use of Kittleson and
Associates, Inc., as a subcontractor, does not in any way
relieve or excuse the CONSULTANT from the" complete
performance of all its duties and obligations under this
Agreement.
Nothing under this agreement shall be construed to give any
rights or benefits in this agreement to anyone other than
the CLIENT and CONSULTANT, and all duties and
responsibilities undertaken pursuant to this agreement will
be for the sole and exclusive benefit of the CLIENT and
CONSULTANT and not for the benefit of any other party.
Nothing in this agreement should be read as modifying the
applicable statute of limitations. The waiver of the bre~ch
of any obligation of this agreement does not waive another
breach of that or any other obligation.
No member, officer, or employee of the CLIENT during his
tenure or for two years thereafter shall have any interest,
direct or indirect, in this contract or the p~~~__~~
thereof. This aforegoing statement shall be inserted in any
c::",.,,...,..,,,t-ract.
The CONSULTANT warrants that it has not employed, retained
or otherwise had act on its behalf any former County officer
or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any County officer or employe~ in
violation of Section 3 of Ordinance No. 020-1990. For
breach or violation of this provision the CLIENT may, in its
discretion, terminate this agreement without liability and
may also, in its discretion, deduct from the agreement or
purchase price, or otherwise recover the full amount of any
fee, commission, percentage, gift, or consideration paid to
the former County officer or employee.
This Agreement constitutes the entire agreement between
CLIENT and CONSULTANT and supersedes all prior written or
oral understandings. This agreement may only be amended,
supplemented, modified, or canceled by a written instrument
duly executed by the Monroe County Board of County
Commissioners and the CONSULTANT, provided that the scope of
services may be modifie~ by a written agreement executed by
the County Administrator or his designee and CONSULTANT,
consistent with Section 10 of this agreement.
CONSULTANT warrants that it has not employed or retained
CONTRACT. Ol/TXTP'LOWB
10.13
10.14
10.15
7
any company pr_person. other than a bona fide emploYe~
working solely for the CONSULTANT to solicit or secure this
agreement and that he has not paid or agreed to pay any
person, company, corporation, individual, or firm, other
than a bona fide employee working solely for the CONSULTANT
any fee, commission, percentage, gift, or any other
consideration contingent upon or resulting from the award or
making of this agreement.
In the carrying out of this agreement, the CONSULTANT will
not discriminate against any employee or applicant for
employment because of sex, race, creed, color or national
origin. In carrying out this agreement, the CONSULTANT will
take affirmative action to ensure that applicants are
employed, and that employees are treated during employment
without regard to their sex, race, creed, color, or national
origin. Such action shall include but not be limited to,
the following: Upgrading, demotion or transfer; recruitment
or recruitment advertising; layoff of termination; rates of
any or other forms of compensation; and selection for
training, including apprenticeship. The CONSULTANT agrees
to post in conspicuous places, available to employees and,
applicants for employment, such notices as may be provided
by the CLIENT setting forth the provisions of this
non-discrimination clause.
The CONSULTANT and its subcontractors agree to ensure that
Disadvantaged Business Enterprises as defined in 49 CFR Part
23, as amended, have the maximum opportunity to participate
in the performance of contracts ~-~ ~~~~ ~:~----_~
The CONSULTANT agrees that no federal appropriated funds
have been paid or will be paid by or on behalf of the
CONSULTANT, to any person for influencing or attempting to
influence any officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or
an employee of a Member Qf Congress in connection with the
awarding of any contract, the making of any federal grant,
the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation,
renewal, amendment or modification of any federal contract,
grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been
paid by the CONSULTANT to any person for influencing or
attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in
connecc.ion wic.n c.n~::l ~greelllt:::llC, c.ne una.eL-l:u.I;:jUC::u .::>ha.ll
complete and submit Standard Form-LLL, "Disclosure Form to
Report LObbying," in accordance with its instructions.
I
The CONSULTANT shall require that the language of this
section be included in the award documents for all
CONTRACT.01/TXTFLOWB
8
10.16
sub-awards, and that all sub-recipients shall certify and
disclose accordingly.
No member or delegate to the Congress of the United States
shall be admitted to any share or part of this Agreement or
any benefit arising therefrom.
This agreement shall be governed by the Laws of the State
of Florida. Venue for any litigation arising under this
agreement must be in Monroe County, Florida.
10.17
SECTION 11. INDEMNIFICATION
The CONSULTANT does hereby consent and agree to indemnify and hold
harmless the County / its Mayor, the Board of County Commissioners,
appointed Boards and Commissions, Officers, and the Employees, and
any other agents, individually and collectively, from all fines,
suits, claims, demands, actions, costs, obligations, attorneys fees,
or liability of any kind arising out of the sole negligent actions of
the CONSULTANT or substantial and unnecessary delay caused by the
willful nonperformance of the CONSULTANT and shall be sol,ely
responsible and answerable for any and all accidents or injuries to
persons or property arising out of its performance of this contract.
The amount and type of insurance coverage requirements set forth
hereunder shall in no way be construed as limiting the scope of
indemni ty set forth in this paragraph. The CLIENT does hereby
covenant and agree to indemnify and save harmless the CONSULTANT from
any fines, suits, claims, demands, actions, costs obligations,
3.ttorney fee~ ,........ '~",j..,~'~..... '"'~ "'...... lr~....,.:l ....o""n'...~....,.... ~....~_ ." -o:,'~:"'__
act or omiss.:..I,.JU oy the County, its Mayor, the Board of County
Commissioners, appointed Boards and Commissions, Officers, and
Employees, individually and collectively under the provisions and up
to the limits of liability as stated in section 768.28 F.S. Further
:he CONSULTANT agrees to defend and pay all legal costs attendant to
~cts.attributable to the sole negligent act of the CONSULTANT.
.:..t all times and for all purposes hereunder, the CONSULTANT is an
.:..ndependent contractor and not an employee of the Board of County
':ommissioners. No statement contained in this agreement shall be
~onstrued so as to find the CONSULTANT or any of his/her employees,
.:ontractors, servants or agents to be employees of the Board of
~ounty Commissioners for Monroe County. As an independent contractor
:he CONSULTANT shall provide independent, professional judgment and
:omply with all federal, state, and local statutes, ordinances, rules
nd regulations applicable to the services to be provided.
~e CONSULTANT shall be responsible for the completeness and accuracy
f its work, plan, supporting data, and other document~ ~~_~~~~~
~mpiled under its obligation for this project, and shall correct at
.cs expense all significant errors or omissions therein which may be
:.sclosed. The cost of the work necessary to correct those errors
:tributable to the CONSULTANT and any damage incurred by the CLIENT
3 a result of additional costs caused by such errors shall be
:lTRACT.Ol/TXTFLOWB
9
chargeable to'the CONSULTANT. This provision shall not apply to any
maps, official records, contraccs, or other data thac may be provided
by the County or other public or semi-public agencies.
The CONSULTANT agrees that no charges or claims for damages shall be
made by it for any delays or hindrances attributable to the CLIENT
during the progress of any portion of the services specified in this
contract. Such delays or hindrances, if any, shall be compensated
for by the County by an extension of time for a reasonable period for
the CONSULTANT to complete the work schedule.' Such an agreement
shall be made between the parties.
SECTION 12. INSURANCE POLICIES
The CONSULTANT shall procure and maintain the insurance required i:-.
Exhibit "B". Exhibit "B" is attached and made a part of this
agreement.
the parties hereto haye caused these presents .to
:-5 e,) day of fl7dAJ'b 1997.
,
~.. \:::> -,...." ~ -.. ..&... 0
,~~......~- ~
O@Iputy~erK \.) 1.\"\,,
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE C~LORIDA
/~
Mayorlcpa~rm~ /I'
L. KOLHAGE, CLERK
(CORPORATE SEAL)
ATTEST:
By e,t M~..-:::::
Assistant Secretary
URS Consultants, Inc.
By ~(JJ,~_
e Presid nt .
CONTRACT.Ol/TXTFLONB
County Attorney
ORDINANCE NO. 004 -1999 \D -T1
:CO\Dp
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF M&R~ ~ f'T\
COUNTY, FLORIDA PROVIDING FOR A PROCEDURE AND CIiBER~ o:J ~
GOVERNING CHANGE ORDERS TO CONTRACTS FOR THE CONSTRUCTlWOF ~ 0
CAPITAL IMPROVEMENTS; PROVIDING FOR SEVERABILITY; PROVIDINcg8iA -0 ~
THE REPEAL OF ORDINANCES INCONSISTENT HEREWITH; PROVIDING!f".dJ :J' f'T\
INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR AN EFFEc:.1W~ ~ g
ATE . ..., G" N :n
D. ~f"\OO
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1.1
This ordinance: applies to all change orders to contracts for the
construction of capital improvements, regardless of whether the change order is subject to
approval by the County Administrator pursuant to Sec. 2-1 (b). M.C.C.. or approval by the Board
of County Commissioners. A purchase order may not be used to circumvent the requirements of
this Ordinance.
Section 2.)
A proposed contract for capital improvements may not be presented to
the Board for approval containing a provision with such elasticity that it allows for change orders
that could alter the contract's scope of work as initially approved. AS an example (and not by
way of limitation), a contract for the construction of a children's playground should not contain
within it a change order provision of sufficient elasticity that it would allow for the construction of
a softball field.
Section 3.1
All change orders must contain the tollowing information:
a.)
the project for which the change order ~ sought;
b.)
the specific item(s) for which the change order is sought;
c.)
the price of the change order;
d.)
the price of the change order expressed as a percentage of the original
contract price and as a percentage of the contract price after prior change orders.
Section 4.1 All change orders must be accompanied by the following Information:
a.) a written explanation of why the change order is needed. containing the
following information:
(i) why the items) for which the change order is sought were not
included in the original contract specifications;
(ii) if the item(s) for which the change order is sought were included in
the original specifications. then what event or circumstance compels an increase in the
contract price;
(iii) if the price of the item(s) for, which the change order is sought
exceeds $25.000 or 5% of the contract price. whichever is greater. then why are the items not
the subject of a separate call for bi<;is. By way of example (and not by limitation). evidence of
delay of the project or impairment of project coordination. could be reasons not to call for bids
outside the contract.
b.) if the project architect did not approve the items for which the change
order is sought. then a detailed explanation as to why.
c.) if the change order is intended to correct an error or omission in design
documr:.nt. a statement whether a claim under the applicable professional liability policy has or
should be made.
Section 5.) If a change order results in a decrease in the contract price (either the
original contract price or the contract after prior change orders). the amount of that decrease
may not be utilized by employees. agents or contractors of the County to fund a subsequent
change order. contract amendment or any other alteration of the original scope of work
without following the procedures set forth in this Ordinance.
Section 6. After the effective date of this Ordinance. no contract for the
construction of a capital improvement may be entered into that is at variance with the
provisions of this Ordinance.
2
Section 7.
The provisions of this Ordinance supersede the provisions of any contrary
resolutions or administrative instructions.
Section 8.
If any section. subsection, sentence, clause or provision of this Ordinance
is held invalid, the remainder of this Ordinance shall not be affected by such invalidity.
Section 9.
All Ordinances or parts of Ordinances in conflict with this Ordinance are
hereby repealed to the extent of said conflict.
Section 10.
The provisions of this Ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Rorida, as an addition to amendment thereto.
and shall be appropriately renumbered to conform to the uniform numbering system of the
Code.
Section 11.
This Ordinance shall take effect immediately upon receipt of official
notice from the Office of the Secretary of State of the State of Florida that this Ordinance has
been filed with that Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Florida.
at a regular meeting of said Board held on the
.~..,.,.",
. "
. .~.' C~~._~ .:.... Mayor Jack London
:' /~ :~>.( i~~ . " ::. Mayor Pro T em Wilhelmina Harvey
.,i!'.:1::. \~ . 1 Commissioner Keith Douglass
.~\~~ ".:./ ., Comm~ss~oner Shirley Free~an
~j CommIssIoner Maoy Kay ReIch
ATTEST: DANNY L. KOLHAGE. CLERK
BY~''r~~~
~
I
, I
pard/co.doc
13tldayof
,1998.
.T::m1t~ry
YPP.
ye!=;
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~~~~
Mayor/Chairman
3