Item K1 K.1
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
March 22, 2023
Agenda Item Number: K.1
Agenda Item Summary #11697
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
N/A
AGENDA ITEM WORDING: Approval to negotiate a contract with AECOM Technical Services,
Inc. (AECOM) for Professional Transportation Planning Services to perform the biennial Travel
Time and Delay Study for the US 1 Corridor and for general transportation planning assistance. The
selection is based on the ranking of the responses received on January 18, 2023 in response to the
Request for Qualifications. If unable to negotiate successfully with AECOM, approval to negotiate
with the next highest ranked firm and each successive firm until an agreement is reached.
ITEM BACKGROUND:
The County currently has a Continuing Services Contract with AECOM Technical Services, Inc. for
Transportation Planning Services. The current contract expires on May 17, 2023. The transportation
planning assistance contract is funded under a Joint Participation Agreement(JPA) GIA71 with the
Florida Department of Transportation. Services provided under the contract include the US 1
Arterial Travel Time and Delay Study, which is conducted biennially. Additionally, assistance will
be provided for private development review, maintenance, and updates to the long-range
transportation plan and land development code as necessary, coordination between land use and
transportation planning in the Florida Keys. The contract provides for traffic impact studies,
concurrency management, and other traffic/transportation engineering services.
In December 2022, an Request for Qualifications (RFQ) for Transportation Planning Services was
advertised. The RFQ seeks qualified engineers for a 4-year Continuing Services Contract for
transportation planning assistance, with options to renew on an annual basis for two additional years.
The County received and opened three (3)responses to the RFQ on January 18, 2023. On January
27, 2023, the selection committee for the RFQ held a public meeting to score and rank the responses
in accordance with the scoring criteria identified in the RFQ.
Based on the totals of the selection committee members' scores for each respondent, staff is
recommending that the County negotiate a contract with the highest scoring firm: AECOM
Technical Services, Inc. (AECOM).
PREVIOUS RELEVANT BOCC ACTION:
Packet Pg. 2655
K.1
August 18, 2010- BOCC approval of original RFQ for Transportation Planning Services.
January 19, 2011- BOCC approval of consultant selection and negotiations for Continuing Services
Contract with URS.
February 16, 2011 - Approval of a 4-year continuing services contract, with options for renewal on
an annual basis for two additional years, with URS Corporation Southern (URS) for Transportation
Planning Services.
January 2015 - Approval of first option to renew Continuing Services Contract through March 15,
2016.
January 2016 - Approval of second option to renew Continuing Services Contract through March 15,
2017.
November 2016 - Approval of a third option to renew Continuing Services Contract through June 1,
2017.
November 2016 —Approval to advertise RFQ for Transportation Planning Services.
March 15, 2017—Approval of consultant selection and negotiations for continuing Services contract
with AECOM Technical Service, Inc.
May 17, 2017 - Approval of a 4-year continuing services contract, with options for renewal on an
annual basis for two additional years, with AECOM Technical Service, Inc. for Transportation
Planning Services.
February 2021 - Approval of first option to renew Continuing Services Contract through May 17,
2022.
March 2022 - Approval of second option to renew Continuing Services Contract through May 17,
2023.
CONTRACT/AGREEMENT CHANGES:
Approval to negotiate new contract
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
RFQ Committee Meeting Ad
Individual Evaluations
2022 RFQ for Transportation Planning Services
Committee Evaluation Criteria Tables - Ranking
FINANCIAL IMPACT:
Packet Pg. 2656
K.1
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds: 50519-GW1901 (FDOT GRANT JPA G1A71)
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant: JPA G1A71
County Match:
Insurance Required:
Additional Details: Joint Participation Agreement(JPA) G1A71 with the Florida
Department of Transportation (FDOT) provides funding for the county's transportation
planning program of$1,200,000 through June 30, 2024.
11/22/16 NEW COST CENTER ADDED $50,000.00
REVIEWED BY:
Emily Schemper Completed 03/03/2023 2:16 PM
Christine Limbert Completed 03/06/2023 11:09 AM
Purchasing Completed 03/06/2023 11:19 AM
Budget and Finance Completed 03/06/2023 11:56 AM
Brian Bradley Completed 03/06/2023 12:08 PM
Lindsey Ballard Completed 03/07/2023 9:31 AM
Board of County Commissioners Pending 03/22/2023 9:00 AM
Packet Pg. 2657
NOTICE OF PUBLIC M
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that
on Friday,January 27,2023 beginning at 1:00 P.M.,a D"D'_IC
MEETING will be held via Communication Media Tech gy
(CMT) using a Zoom Webinar platform.The meeting be
held of the
SELECTION COMMITTEE
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for the project of
PROPOSALS FOR ,
ON CALL PROFESSIONAL ENGINEERING SERVICE c�
FOR TRANSPORTATION PLANNING SERVICES IN
MONROE COUNTY,FLORIDA
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The selection committee will evaluate the proposals reci in
response to the Request for Competitive Solicitations is to
the above-named project.The evaluation and recomme 0 on
of the selection committee are to be submitted to the E of
County Commissioners. Persons interested in this is: ire
invited to attend. For more information, please contact ne
Sclafani,Transportation Planner, by telephoning 305-991 10,
or via email to: Sclafani-Jane ne@MonroeCounty-FL.Gov. 0-
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Please visit the Monroe County Website at !,w.
monroecounty-fl.gov for meeting agenda update nd
information regarding the various options avails < to
the public to view the live meeting and/or to make lie
comments on certain agenda items.
ADA ASSISTANCE.• If you are a person with a disabil ho
needs special accommodations in order to partici, 2 in
this proceeding,please contact the County Adminis is
Office, by phoning (305) 292-4441, between the hi E of
8.30 A.M.---5.00 P.M., no later than five (5) calendi t0 ys
prior to the scheduled meeting;if you are hearing of e-
impaired,call"711".
Pursuant to Section 286.0105, Florida Statutes, notice i en
that if a person decides to appeal any decision made he
Board of County Commissioners with respect to any ter
considered at such meetings or hearings,that person w ed
a record of the proceedings, and that, for such purpo: iat
person may need to ensure that a verbatim record is mad he
proceedings,which record includes the testimony and e,..--..ce
upon which the appeal is to be based.
Key west Citizen(867) P Packet Pg. 2658 23
adno=3876634-1
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EVALUATION CRITERIA AECOM Choice The
Technical Engineering Corradino
Services, Inc Consultants, Group
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1. Past record and experience of firm on similar 10 9 9
projects. (10 pts)
2.Technical, educational, and training experience 9 9 8 �y
of the assigned staff and an anticipated
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subcontracted staff. (10 pts)
3. Experience working on land use and roadway 10 10 9
projects within District 6 of the FDOT. (10 pts)
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4. Familiarity with general project area and 10 9 8 CL
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Florida Keys. (10 pts)
5. Project approach reflects clear understanding 5 5 3
of project needs and necessary activities. (5 pts)
6. Completeness of RFQ response. (5 pts) 5 5 4 cj
7. Experience with Level of Service evaluations 4 4 4
and Comprehensive Plan analysis. (5 pts)
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Reviewer Name: Cheryl Cioffari
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Date Friday,January 27, 2023 CL
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EVALUATION CRITERIA AECOM Choice The
Technical Engineering Corradino
Services, Inc Consultants, Group
Inc
1. Past record and experience of firm on similar 10 7 10
projects. (10 pts)
2.Technical, educational, and training experience 10 8 10
of the assigned staff and any anticipated
subcontracted staff. (10 pts)
3. Experience working on land use and roadway 10 10 10
projects within District 6 of the FDOT. (10 pts)
4. Familiarity with general project area and 8 7 8
Florida Keys. (10 pts)
5. Project approach reflects clear understanding 5 4 4 CL
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of project needs and necessary activities. (5 pts)
6. Completeness of RFQ response. (5 pts) 5 4 4
7. Experience with Level of Service evaluations 5 4 5 c�
and Comprehensive Plan analysis. (5 pts)
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Reviewer Name: Janene Sclafani
Date 1/26/2022
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K.1.b
EVALUATION CRITERIA AECOM Choice The
Technical Engineering Corradino
Services, Inc Consultants, Group
Inc
1. Past record and experience of firm on similar 10 10 9
projects. (10 pts)
2.Technical, educational, and training experience 10 8 8
of the assigned staff and any anticipated
subcontracted staff. (10 pts)
3. Experience working on land use and roadway 10 10 9
projects within District 6 of the FDOT. (10 pts)
4. Familiarity with general project area and 9 9 8
Florida Keys. (10 pts)
5. Project approach reflects clear understanding 4 4 4 CL
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of project needs and necessary activities. (5 pts)
6. Completeness of RFQ response. (5 pts) 5 5 5
7. Experience with Level of Service evaluations 4 4 4 c�
and Comprehensive Plan analysis. (5 pts)
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Reviewer Name: Richard Clark
Date 1/25/2023
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K.1.c
MONROE COUNTY
REQUEST FOR QUALIFICATIONS
FOR
TRANSPORTATION PLANNING PROFESSIONAL
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SERVICES FOR MONROE COUNTY
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BOARD OF COUNTY COMMISSIONERS CL
Mayor Craig Cates, District 1 U)
Mayor Pro Tem Holly Merrill Raschein, District 5 0
Michelle Lincoln , District 2
Jim Scholl, District 3
David Rice, District 4
COUNTY ADMINISTRATOR
Roman Gastesi 0
CLERK OF THE CIRCUIT COURT 0
Kevin Madok C
PLANNING & ENVIRONMENTAL RESOURCES 0
Emily Schemper, Sr. Director of Planning & Environmental Resources a
December 2022 N
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PREPARED BY:
Monroe County Planning & Environmental Resources Department
Packet Pg. 2662
RFQ-for Transportation Planning Services
NOTICE OF REQUEST FOR QUALIFICATIONS
NOTICE IS HEREBY GIVEN that on Wednesday, January 18, 2023, at 3:00 P.M., the Monroe
County Purchasing Office will receive and open sealed responses for the following:
Transportation Planning Professional Services
Monroe County, Florida
Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at:
w ✓w fflc��%, ;trl;aa, ,1icrlotJces,,,;,c,��uY, a searchable Statewide repository for all published legal notices.
Requirements for submission and the selection criteria may be requested from DemandStar at C
w a wv de u m end ar c�mu m OR wyvvwv ulm�mnr�m c�mmun y 11 g2jd/juds„, The Public Record is available upon
request.
Monroe County Purchasing Department receives bids electronically. Please do not mail or attempt
to deliver in person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL
NOT be accepted. U
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The Monroe County Purchasing Department hereby directs that bids be submitted via email
to: OMlll .....IIKIDS{ >nm�mrmr�m��c�mm�.rmt�;;;;;�."1.....g2j, no later than 3:OOP.M., on Wednesday, January 18, 0
2023. Please submit your confidential financial information in a SEPARATE EMAIL from your c
bid and required documents. Your subject line on both emails must read as follows:
Transportation Planning Professional Services 1-18-2023
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Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum U)
file size that will be accepted by email is 25MB. Please plan accordingly to ensure that your bid U
is not rejected due to the file size. Should your bid documents exceed 25MB, in advance of the
bid opening, please email: oumUk,,,,lm„m m, „m,1, i mg u m,m m,m, .K2.�,p�y,,,,,11,1,g,�my so accommodations for
delivery of your bid can be made prior to the bid opening. Please be advised that it is the
bidder's sole responsibility to ensure delivery of their bid and waiting until the bid opening to
address or confirm your bid submission delivery will result in your bid being rejected.
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The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on
Wednesday, January 18, 2023. You may call in by phone or internet using the following:
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Join Zoom Meeting a
Meeting ID: 4509326156 0
One tap mobile: CY
+16465189805„45093261569 US (New York) W
+16699006833„45093261569 US (San Jose) CN
Dial by your location: CN
+1 646 518 9805 (New York)
+1 669 900 6833 (San Jose)
Publication dates:
Keys Weekly: Thur., 12/1/2022
News Barometer: Fri., 12/2/2022
Citizen: Sat, 12/3/2022
2 Packet Pg. 2663
RFQ-for Transportation Planning Services
TABLE OF CONTENTS
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
SECTION ONE - Instruction to Respondents
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SECTION TWO - Draft Agreement U)
SECTION THREE-County Forms
SECTION FOUR -Insurance Requirements
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3 Packet Pg. 2664
RFQ-for Transportation Planning Services
SECTION ONE: INSTRUCTION TO RESPONDENTS
1.01 DESCRIPTION/INTRODUCTION/BACKGROUND
Transportation Planning and Engineering Services for Monroe County.
OBJECTIVE OF THE REQUEST FOR QUALIFICATIONS
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The Planning & Environmental Resources Department of Monroe County, Florida invites firms
to submit qualifications for 1) the biennial performance of Arterial Travel Time and Delay 0
Studies for the US 1 corridor; and 2) general transportation planning assistance. Consultants
shall be experienced in providing transportation planning and engineering services within Florida
Department of Transportation (FDOT) District 6.
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The selected firm is anticipated to enter into a continuing services contract governed by Chapter
287.55(2)g. Task Orders for individual assignments under the contract will be issued by the is
Planning & Environmental Resources Department Senior Director for project related studies.
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There will be no reimbursable items (travel, meals, mileage, or other expenses). 0
SCOPE OF WORK c
Task 1 —Biennial US 1 Arterial Travel Time and Delay Studies 0
Purpose
The travel time studies will be used to monitor the level of service on US 1 based on Monroe U)
County Comprehensive Plan Policies and Land Development Codes for concurrency
management purposes pursuant to Chapter 163, Florida Statutes. The studies will be
conducted in accordance with the methodology that was developed by the US 1 LOS Task
Force and approved by the County, the Florida Department of Transportation, and the Florida
Department of Economic Opportunity (formally the Florida Department of Community
Affairs). A copy of the Task Force Methodology is included as Exhibit A.
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Minimum Activities to Complete Study
A. Using the floating car method, the County will record travel time, speed, and delay 0
data for: a
1. Each of the 24 segments of US 1 from Florida City to Stock Island; and
2. The length of US 1 from Miami-Dade County line to Cow Key Channel. 0
B. The data will be recorded by date, day of week, time of day, and direction. CY
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C. The study will be conducted over 14 days within the six week period from February
15 to March 31. The study will consist of 14 round trip runs, sampling each day of N
the week twice. N
D. The study may be required to include supplemental runs in the southbound direction
within Segments 1 to 4 during AM peak (7 a.m. - 8 a.m.) on Wednesday, Thursday E
and Friday of the second week and supplemental runs in the northbound direction
within Segments 1 to 4 during the PM Peak (5 p.m. - 6 p.m.) on Wednesday, <
Thursday, and Friday of the second week. The results of the supplemental runs may
be included in the 2023 ATTDS Report for informational purposes only and will
not be used in overall LOS calculations. This information will be reviewed to
decide if supplemental runs should be incorporated into future ATTDS and LOS
calculations, as directed by the Monroe County BOCC.
-4- Packet Pg. 2665
RFQ-for Transportation Planning Services
E. The study schedule will be coordinated with seven day, 24 hour traffic counts to be
conducted by FDOT in Islamorada, Marathon, and Big Pine Key.
F. The study will employ the staggered schedule of departure times previously
approved by the Task Force so as to record peak hour conditions in as many
different locations as possible.
G. The study results will be summarized in a report format including a series of tables
and graphs. A statistical analysis of the mean, median, standard deviation, and
range of speeds for each segment and for the overall distance will be provided.
Excess roadway capacity and deficiencies in capacity will be reported. 2
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Task 2: General Transportation Planning Assistance
1. Purpose
The purpose of this task is to provide assistance to the Monroe County Planning &
Environmental Resources Department staff for the purpose of maintaining and updating the
Long Range Transportation Plan, to ensure that transportation concurrency requirements are U
met by public and private development, and other tasks necessary to maintain a high level of
coordination between land use planning and transportation planning activities in the Florida 0
Keys. This task will provide assistance for general transportation planning and analysis 0
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activities, including data collection and technical support. 0
2. Activities 0
The transportation planning consultant will provide assistance to Monroe County Planning &
Environmental Resources Department in the following areas:
A. Review of private development site plans for internal traffic flows and access; 0
B. Preparation of traffic impact reports;
C. Review of access management issues;
D. Development of access management plans;
E. Origin-destination studies;
F. Attendance at appropriate public meetings and hearings;
G. Trip generation rates for land uses;
H. Provision of review comments on relevant transportation documents prepared by c
other agencies;
I. Review of transportation element of reports and plans prepared by County staff in 0
support of the comprehensive plan amendments;
J. Systems planning analysis (including running the FSUTMS model or other
transportation planning models) deemed as appropriate by Client and Consultant; 0
K. Reevaluation of the level of service methodology for US l; U_
L. Special transportation projects to implement the comprehensive plan; and W
M. Special transportation projects to implement the U.S. 1 Transportation Master Plan. Q
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1.02 COPIES OF RFQ DOCUMENTS
A. Only complete sets of RFQ Documents will be issued and shall be used in
preparing responses. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
B. Complete sets of RFQ Documents may be obtained in the manner and at the
locations stated in the Notice of Request for Competitive Solicitations.
-5 - Packet Pg. 2666
RFQ-for Transportation Planning Services
1.03 RFQ REQUIREMENTS
A. Interested firms or individuals are requested to indicate their interest by submitting a
proposal via email to OMB-BIDS a)monroecounty-fl.2ov which must be received on or
before 3:00 P.M. local time on Wednesday, January 18, 2023. No bids/proposal will be
accepted after 3:00 P.M. Faxed Bids shall be automatically rejected.
The Monroe County Purchasing Department has implemented an electronic process
for receiving and opening sealed bids. Please do not mail or attempt to deliver in
person any sealed bids/proposal. Mailed/physically delivered
bids/proposals/responses WILL NOT be accepted. The Monroe County Purchasing
Department hereby directs that proposals be submitted via email to: .2
OMB-BIDS La� o roeco tym .gov c
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no later than 3:OOP.M., on Wednesday, January 18, 2023. Please submit your
confidential financial information in a SEPARATE EMAIL from your proposal
and required
documents. Your subject line on both emails must read as follows "RFQ —
Transportation Planning Assistance for Monroe County" U
Files that do not contain this subject line WILL BE REJECTED. Please note that the 0
maximum file size that will be accepted by email is 25MB. Please plan accordingly to
ensure that your bid is not rejected due to the file size. Should your bid c
documents exceed 25MB, or otherwise be rejected or undeliverable to m
BIDS monroecount , in advance of the bid opening, please email: m m
purchasing La)monroecountymfl.gov so accommodations for delivery of your bid can
be made prior to the bid opening. Please be advised that it is the respondent's sole
responsibility to ensure delivery of their bid/proposal and waiting until the bid U)
opening to address or confirm your bid/proposal submission delivery will result in your
bid/proposal being rejected.
All submissions must remain valid for a period of ninety (90) days from the date of the
deadline for submission stated above
1.04 DISQUALIFICATION OF RESPONDENT
A. NON-COLLUSION AFFIDAVIT: Any person submitting a qualifications C
package in response to this invitation must execute the enclosed NON-
COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the
Respondents, the proposals of all participants in such collusion shall be rejected, 0
and no participants in such collusion will be considered in future bids for the CY
same work.
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B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not
submit a proposal on a contract to provide any goods or services to a public E
entity, may not submit a proposal on a contract with a public entity for the
construction or repair of a public building or public work, may not submit <
Proposals on leases or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in
Section 287.017, for CATEGORY TWO for a period of 36 months from the date
of being placed on the convicted vendor list. Category Two: $25,000.00
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RFQ-for Transportation Planning Services
C. DRUG-FREE WORKPLACE FORM: Any person submitting a qualifications
package in response to this invitation must execute the enclosed DRUG-FREE
WORKPLACE FORM and submit it with his response. Failure to complete this
form in every detail and submit it with your qualifications package may result in
immediate disqualification of your submittal.
D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person
submitting a qualifications package in response to this invitation must execute the
enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it
with his bid or proposal. Failure to complete this form in every detail and submit
it with the package may result in immediate disqualification. 0
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E. VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES
LIST: Any person submitting a bid or proposal in response to this competitive
solicitation must execute the enclosed VENDOR CERTIFICATION
REGARDING SCRUTINIZED COMPANIES LISTS and submit it with the bid
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or proposal. Failure to complete this form in every detail and submit it with the U
bid or proposal may result in the immediate disqualification of the bid or
proposal. 0
1.05 EXAMINATION OF RFQ DOCUMENTS 0
A. Each Respondent shall carefully examine the RFQ and other contract documents 0
0.
and inform themselves thoroughly regarding any and all conditions and
requirements that may in any manner affect cost, progress, or performance of the
work to be performed under the contract. Ignorance on the part of the Respondent
will in no way relieve them of the obligations and responsibilities assumed under
the contract.
B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, respondents shall at
once notify the County.
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1.06 INTERPRETATIONS, CLARIFICATIONS,AND ADDENDA
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No oral interpretations will be made to any Respondent as to the meaning of the contract
documents. Respondents may not request nor rely upon any verbal representations
concerning these specifications. 0
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Any inquiry or requests for interpretation are to be directed, in writing to Janene Sclafani, W
Monroe County Transportation Planner, Planning & Environmental Resources Q
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Department, 2798 Overseas Highway, Suite 400, Marathon, FL 33050, or Sclafani-
'a� nene(&-monroecounty.gov.
All such requests must be received at least ten (10) days prior to the time set for the
response submission and will be answered in writing to all potential Respondents, who <
have requested a copy of this package, at least five (5) days prior to the time set for the
proposal submission.
All such changes or interpretation will be made in writing in the form of an addendum
and, if issued, shall be posted to DemandStar and a notification will be furnished by
-7- Packet Pg. 2668
RFQ-for Transportation Planning Services
DemandStar to all known prospective Respondents listed as plan holders prior to the
established bid opening date. In case any Respondent fails to acknowledge receipt of
such addenda or addendum, this response will nevertheless be construed as though it had
been received and acknowledged and the submission of this response will constitute
acknowledgment of the receipt of same. All addenda are a part of the contract documents,
and each Respondent will be bound by such addenda, whether or not received by them. It
is the responsibility of each Respondent to verify that they have received all addenda
issued before responses are opened.
1.07 GOVERNING LAWS AND REGULATIONS
The Respondent is required to be familiar with and shall be responsible for complying 0
with all federal, state, and local laws, ordinances, rules, and regulations that in any
manner affect the work.
1.08 PREPARATION OF RESPONSES
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Signature of the Respondent: The Respondent must sign the response forms in the space U
provided for the signature. If the Respondent is an individual, the words "doing business
as or "Sole Owner" must appear beneath such signature. In the case of 0
a partnership, the signature of at least one of the partners must follow the firm name and 0
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the words "Member of the Firm" should be written beneath such signature. If the 0
Respondent is a corporation, the title of the officer signing the submittal on behalf of the ra
corporation must be stated along with the Corporation Seal Stamp and evidence of his 0
authority to sign must be submitted. The Respondent shall state in the response the name
and address of each person interested therein.
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1.09 RESPONSIBILITY FOR RESPONSE
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The Respondent is solely responsible for all costs of preparing and submitting the
response, regardless of whether a contract award is made by the County.
1.10 FORMANT OF SUBMISSION OF RESPONSES AND CONTENT
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The proposal submitted in response to this RFQ shall be in 8-1/2" x 11" white paper
format; it shall be clear and concise and provide the information requested herein. 0
Statements submitted without the required information will not be considered. The
Respondent should not withhold any information from the written response in
anticipation of presenting the information orally or in a demonstration, since oral 0
presentations or demonstrations may not be solicited. Each Respondent must submit U-
adequate documentation to certify the Respondent's compliance with the County's W
requirements. Respondents should focus specifically on the information requested.
Additional information, unless specifically relevant, may distract rather than add to the
Respondent's overall evaluation.
Format. The response, at a minimum, shall include the following:
A. Cover Page
A cover page that reads "Response to Request for Qualifications for
Transportation Planning Services in Monroe County". The cover page should
-8- Packet Pg. 2669
RFQ-for Transportation Planning Services
contain Respondent's name, address, telephone number, and the name of the
Respondent's contact person.
B. Tabbed Sections
Tab 1. General Information.
I. The history of the firm, its corporate structure, and years in business.
IL A list of the officers and directors of the respondent.
III. A list of any subcontractors whom the respondent plans to utilize in 0-
performing its services.
IV. The Respondent shall provide a narrative of the firm's qualities and
capabilities that demonstrate how the firm will work with the County 0
to fulfill the requirements of the scope of work.
V. If the firm is a certified minority business enterprise as defined by the
Florida Small and Minority Business Assistance Act. Per F.S.
287.055(3)(d), the County must endeavor to meet the minority
business enterprise goals under s. 287.09451.
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Tab 2. Relevant Experience, References and Past Performance on Similar
Projects. The Respondent shall provide a project history of the firm or 0
organization demonstrating experience with projects that are similar in 0
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scope and size to the proposed Project, including projects in Monroe 0
County.
I. Record of performance and professional accomplishments including: a 0
description of similar work completed by the firm, any outstanding
accomplishments of the firm, and any outstanding accomplishments of
the firm that relate directly to this type of work (please provide a 0
reference for each work cited).
IL Technical, educational and training experience and number of years of a�
experience in the field of the assigned staff and any anticipated
subcontracted staff. Include the proposed function(s) of
subcontractors.
III. Project Approach. Provide a description including a statement that
reflects a clear understanding of different tasks and necessary work c
based on the description above.
IV. Additional information: Provide any additional pertinent information 0
that would be helpful in the consideration of your response.
Tab 3. Litigation 0
CY
I. Has the person, principals, entity, or any entity previously owned
operated or directed by any of its officers, major shareholders or N
directors, ever failed to complete work or provide the goods for which it N
has contracted? Yes or No. If yes, provide details;
a�
IL Are there any judgments, claims, arbitration proceeding or suits pending E
or outstanding against the person, principal of the entity, or entity, or any
entity previously owned, operated or directed by any of its officers, <
directors, or general partners? Yes or No. If yes,provide details;
III. Has the person, principal of the entity, entity, or any entity previously
owned, operated or directed by any of its officers, major shareholders or
directors, within the last five years, been a party to any lawsuit,
-9- Packet Pg. 2670
RFQ-for Transportation Planning Services
arbitration, or mediation with regard to a contract for services, goods or
construction services similar to those requested in the specifications with
private or public entities? Yes or No. If yes, provide details;
IV. Has the person, principal of the entity, or any entity previously owned,
operated or directed by any of its officers, owners, partners, major
shareholders or directors, ever initiated litigation against the county or
been sued by the county in connection with a contract to provide
services, goods or construction services? Yes or No. If yes, provide
details;
V. Whether, within the last five years, the owner, an officer, general
partner, principal, controlling shareholder or major creditor of the person 0
or entity was an officer, director, general partner, principal, controlling
shareholder or major creditor of any other entity that failed to perform
services or furnish goods similar to those sought in the request for
competitive solicitation; Yes or No, if yes, provide details.
0
U
Tab 4. County Forms and Licenses. Respondent shall complete and execute the
forms specified below and found at designated pages in this RFQ, as well
as copies of all professional and occupational licenses:
0
I. Submission Response Form
IL Lobbying and Conflict of Interest Clause 0
III. Non-Collusion Affidavit C,
C,
IV. Drug Free Workplace Form <
V. Public Entity Crime Statement U)
VI. Vendor Certification Regarding Scrutinized Companies List
VII. Respondent's Insurance and Indemnification Statement
VIII. Insurance Agent's Statement, and
IX. Professional and Occupational Licenses
X. Minority Owned Business Declaration
XI. Federal Lobbying -
c
1.11 MODIFICATION OF RESPONSES
0
0.
Written modification will be accepted from Respondents if submitted as indicated in the
Notice of Request for Competitive Solicitations and received prior to Proposal due date
and time. Modifications must be submitted via email to OMB-BIDS&monroecounty-
fl.gov with the subject line of "Modification to RFQ — Transportation Planning CY
Services Faxed modifications shall be automatically rejected.
N
1.12 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened and E
announced at the appointed time and place stated in the Notice of Request for
Competitive Solicitations. Monroe County's representative authorized to open the
responses will decide when the specified time has arrived and no responses received
thereafter will be considered. No responsibility will be attached to anyone for the
premature opening of an email response not properly addressed and identified.
Respondents, or their authorized agents, are invited to be present via zoom platform.
- 10- I Packet Pg. 2671
RFQ-for Transportation Planning Services
The bid opening for this solicitation will be held virtually,via the internet, at 3:00 P.M.,
on Wednesday, January 18, 2023. You may call in by phone or internet using the
following:
Join Zoom Meeting
https:Hmcbocc.zoom.Ls/'//44
509326156 Meeting ID:
450 932 6156
One to mobile
+1646M9805 45093261564 US New York)
+16699006833„45093261564 US San Jose)
Dial by your location 2
+1 646 518 9805 US New York) c
C,
+1 669 900 6833 US San Jose) U)
1.13 RESPONSE EVALUATION, DETERMINATION OF SUCCESSFUL
RESPONDENT AND SELECTION PROCESS
Following the receipt of responses, the selection committee will meet in a publicly U
noticed meeting and evaluate the responses based on the criteria and point total below.
The County reserves the right to reject any and all responses and to waive technical errors
and irregularities as may be deemed best for the interests of the County. Responses that 0
contain modifications, are incomplete, unbalanced, conditional, obscure, or that contain 0
additions not requested or irregularities of any kind, or that do not comply in every
respect with the Instruction to Respondent and the contract documents, may be rejected at 0-
the option of the County. CL
The committee will evaluate responses based on the following criteria: U)
2
1. Past record and experience of firm on similar projects. (10 pts) 0
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2. Technical, educational, and training experience of the assigned staff and any
anticipated subcontracted staff. Whether the firm is a certified minority business
enterprise as defined by the Florida Small and Minority Business Assistance Act
(10 pts)
3. Experience working on roadway projects within District 6 of the Florida c
Department of Transportation. (10 pts)
4. Familiarity with general project area and Florida Keys. (10 pts) 0.
5. Project approach reflects clear understanding of project needs and necessary a
activities. (5 pts)
6. Completeness of RFQ response. (5 pts) 0
7. Experience with Level of Service evaluations and Comprehensive Plan analysis. (5 CY
pts) W
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The selection and recommendation will be presented to the Board of County N
Commissioners for final decision. If no contract can be negotiated with the first ranked
firm, the Board reserves the right to negotiate with the next selected firm. Monroe E
County reserves the right to reject any and all submittals, waive any irregularities, re-
issue all or part of the RFQ, and/or not award any contract, all at its discretion and
without penalty.
- 11 - Packet Pg. 2672
RFQ-for Transportation Planning Services
1.14 AWARD OF CONTRACT
A. The County reserves the right to award separate contracts for each service area and to
waive any informality in any response, or to re-advertise for all or part of the work
contemplated. If responses are found to be acceptable by the Owner, written notice
will be given to the selected Respondent of the award of contract(s).
B. If the award of a contract is annulled, the County may award the contract to another
Respondent, or the work may be re-advertised or may be performed by other
qualified personnel as the County decides.
C. A contract will be awarded to the Respondent deemed to provide the services which
are in the best interest of the County, considering price, qualifications, time frame,
and other factors deemed relevant. c
CL
D. The County also reserves the right to reject the response of a Respondent who has
previously failed to perform properly or to complete contracts of a similar nature on
time.
E. The recommendation of staff will be presented to the Board of County Commissions
of Monroe County, Florida for final awarding or otherwise.
0
U
1.15 EXECUTION OF CONTRACT
0
0
The Respondent with whom a contract is negotiated shall be required to return an 0
executed contract together with the required certificates of insurance. 0
1.16 BID PROTEST 0
Any Bidder/Respondent/Proposer who claims to be adversely effected by the decision or
intended decision to award a contract shall submit in writing a notice of protest which
must be received by the County Attorney's Office within seventy-two (72) hours or three
(3)business days, whichever is less, after the posting of the notice of decision or intended LO
decision on DemandStar or posting of the notice of decision or intended decision on the
Monroe County Board of County Commissioners' ("BOCC") agenda, whichever occurs
first. Additionally, a formal written protest must be submitted in writing and must be
received by the County Attorney's Office seventy-two (72) hours or three (3) business
days prior to the BOCC's meeting date in which the award of contract by the BOCC will
be heard. The only opportunity to address protest claims is before the BOCC at the
designated public meeting in which the agenda item awarding the contract is heard. In C
accordance with the Rules of Debate as set forth in the Monroe County Board of County
Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed
the protest is responsible for providing the Clerk with his/her name and residence prior to 0
the agenda item to award the contract being called in order to preserve their opportunity U_
to be heard on this matter. An individual has three (3) minutes to address the Commission W
cN
and a person representing an organization has five (5) minutes to address the Q
Commission. The BOCC decision to award the contract is final and at their sole
discretion. Failure to timely protest within the times and manner prescribed herein shall
constitute a waiver of the ability to protest the award of contract, unless the BOCC
determines that it is in the best interest of the County to excuse the protest waiver. The
filing _of a protest shall not stop the solicitation, negotiations, or contract award process,a protest shall not stop the solicitation, negotiations, or contract award process, <
unless it is determined that it is in the best interest of the County to do so.
1.17 CERTIFICATE OF INSURANCE
_ 12_ Packet Pg. 2673
RFQ-for Transportation Planning Services
The Contractor will be responsible for all necessary insurance coverage as indicated on
the attached forms. Certificates of Insurance must be provided to Monroe County within
fifteen (15) days after award of bid, with Monroe County BOCC listed as additionally
insured on all except Workers Compensation. If the proper insurance forms are not
received within the fifteen (15) days, the contract may be awarded to the next selected
Respondent. The Contractor shall defend, indemnify, and hold harmless the County as 6
outlined on the attached form.
1.18 INDEMNIFICATION
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The Respondent covenants and agrees to indemnify, hold harmless and defend Monroe 2
L-
County, its commissioners, officers, employees, agents and servants from any and all 0
claims for bodily injury, including death,personal injury, and property damage, including C
damage to property owned by Monroe County, and any other losses, damages, and
expenses of any kind, including attorney's fees, court costs and expenses, which arise out
of, in connection with, or by reason of services provided by the Respondent or any of its
Subconsultant(s) in any tier, occasioned by the negligence, errors, or other wrongful act
or omission of the Respondent, its Subconsultant(s) in any tier, their officers, employees, U
servants or agents.
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0
In the event that the completion of the project (to include the work of others) is delayed 0
or suspended as a result of the Respondent's failure to purchase or maintain the required 0
insurance, the Respondent shall indemnify the County from any and all increased
expenses resulting from such delay. Should any claims be asserted against the County by 0
virtue of any deficiency or ambiguity caused by the Respondent, the Respondent agrees
and warrants that the Respondent shall hold the County harmless and shall indemnify it
from all losses occurring thereby and shall further defend any claim or action on the 0
County's behalf.
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The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the contract.
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- 13 - Packet Pg. 2674
RFQ-for Transportation Planning Services
SECTION TWO: DRAFT CONTRACT
These contract documents should be used only after consultation with counsel. The documents
are not intended as legal advice appropriate to any specific situation, nor do they purport to
address all issues which may arise between the contracting parties. The documents should be
amended or supplemented where appropriate.
CONTRACT FOR
TRANSPORTATION PLANNING PROFESSIONAL SERVICES
0
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THIS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN OWNER AND
ENGINEER (the "Contract" or "Agreement") is made and entered into this day of
2023 by and between Monroe County ("Owner" or"County"), a political subdivision of
the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its 0
successors and assigns through the Monroe County Board Of County Commissioners ("BOCC"), a�
AND
0
the ("Engineer"), a corporation authorized to do business in the
State of Florida, whose address is its successors and assigns (hereinafter c
0
referred to as "CONTRACTOR", "CONSULTANT" or"ENGINEER".
RECITALS:
WHEREAS, this contract is issued as a continuing contract pursuant to Florida Statute <
287.055(2) (g). The professional services required by this Contract are to be rendered for U)
projects in which the estimated construction costs of each individual project under the contract 0
does not exceed Four Million Dollars ($4,000,000.00), or for study activity if the fee for
professional services for each individual study under the contract does not exceed Five Hundred
Thousand Dollars ($500,000.00); and
WHEREAS, the parties shall enter into a separate task order for each study awarded to the
Engineer by the Owner. The specific services to be performed under these separate contracts will
be determined by the Owner and agreed to by the Engineer. Each separate task order will contain
specific scope of work, time schedule, charges and payment conditions, and additional terms and 0
conditions applicable to that specific task order; and U)
WHEREAS, the professional services required by this contract will be for services in the form of
a continuing contract, commencing on the effective date of this contract and ending four years CY
thereafter, with options for Owner to renew on an annual basis for two additional years; and W
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WHEREAS, the terms and conditions of this Contract shall apply to any task order or separate c�
contract, if required, unless expressly modified in the provisions of the separate contract. Where
the terms of this Contract differ from the terms of the separate contract, the terms of the separate
contract shall take precedence. The separate contract will contain its specific scope of work and
it is anticipated by this Contract that the scope of work in the separate contract will be in addition
to the scope of work outlined in this Contract;
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated
herein, and for other good and valuable consideration, the sufficiency of which hereby
acknowledged, the Owner and the Engineer agree:
- 14- Packet Pg. 2675
RFQ-for Transportation Planning Services
FORM OF AGREEMENT
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Contract, Engineer makes the following express representations and warranties
to the Owner:
1.1.1 The Engineer is a professional qualified to act as the Engineer for the assignment and is
licensed to practice Engineering by all public entities having jurisdiction over the Engineer and
the tasks/work to be performed; 0
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1.1.2 The Engineer shall maintain all necessary licenses, permits or other authorizations
necessary to act as Engineer for the task/work to be performed until the Engineer's duties
hereunder have been fully satisfied;
0
1.1.3 The Engineer shall prepare all documents that may be developed under this Contract U
including, but not limited to, all contract plans and specifications, transportation plans, design
and opinions/recommendations on transportation projects, in such a manner that they shall be in 0
conformity and comply with all applicable law, codes and regulations. The Engineer warrants 0
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that any documents prepared as a part of this Contract will be adequate and sufficient to 0
accomplish the purposes of the task order, therefore, eliminating any additional construction cost ra
or design cost due to missing or incorrect design elements in the contract documents; 0
1.1.4 The Engineer assumes full responsibility to the extent allowed by law with regards to his
performance and those directly under his employ as Engineer of Record. 0
1.1.5 The Engineer's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work. The Engineer shall submit, for
the Owner's and Monroe County Planning & Environmental Resources Department's
information, a schedule for the performance of the Engineer's services which may be adjusted as
task order proceeds if approved by the Owner, and shall include allowances for periods of time
required for the Owner's and Monroe County Planning & Environmental Resources
Department's review, and for approval of submission by authorities having jurisdiction over the
task order. Time limits established by this schedule and approved by the Owner may not be 0
exceeded by the Engineer except for delay caused by events not within the control of the
Engineer or foreseeable by him.
0
1.1.6 In providing all services pursuant to this agreement, the Engineer shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating such services, including W
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to
terminate this agreement immediately upon delivery of written notice of termination to the
Engineer.
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- 15 - Packet Pg. 2676
RFQ-for Transportation Planning Services
ARTICLE II
SCOPE OF ENGINEER'S BASIC SERVICE
2.1 DEFINITION
Engineer's Basic Services consist of:
Task 1 —Annual US 1 Arterial Travel Time and Delay Studies
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1. Purpose 2
0
0.
The travel time studies will be used to monitor the level of service on US 1 based on Monroe
County Comprehensive Plan Policies and Land Development Codes for concurrency
management purposes pursuant to Chapter 163, Florida Statutes. The studies will be
conducted in accordance with the methodology that was developed by the US 1 LOS Task
Force and approved by the County, the Florida Department of Transportation, and the Florida
0
Department of Community Affairs (now the Florida Department of Economic Opportunity). U
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2. Minimum Activities to Complete Study 0
A. Using the floating car method, the County will record travel time, speed, and delay 0
Z
data for: c
1. Each of the 24 segments of US 1 from Florida City to Stock Island, and
2. The length of US 1 from Miami-Dade County line to Cow Key Channel. 0
B. The data will be recorded by date, day of week,time of day, and direction.
C. The study will be conducted over 14 days within the six week period from February
15 to March 31. The study will consist of 14 round trip runs, sampling each day of 0
the week twice.
D. The study may be required to include supplemental runs in the southbound direction
within Segments 1 to 4 during AM peak (7 a.m. - 8 a.m.) on Wednesday, Thursday
and Friday of the second week and supplemental runs in the northbound direction
within Segments 1 to 4 during the PM Peak (5 p.m. - 6 p.m.) on Wednesday,
Thursday, and Friday of the second week. The results of the supplemental runs may
be included in the 2023 ATTDS Report for informational purposes only and will c
cu
not be used in overall LOS calculations. This information will be reviewed to �
decide if supplemental runs should be incorporated into future ATTDS and LOS 0
calculations, as directed by the Monroe County BOCC.
E. The study schedule will be coordinated with seven day, 24 hour traffic counts to be
conducted by FDOT in Islamorada, Marathon, and Big Pine Key. 0
F. The study will employ the staggered schedule of departure times previously U_
approved by the Task Force so as to record peak hour conditions in as many W
different locations as possible. Q
G. The study results will be summarized in a report format including a series of tables
and graphs. A statistical analysis of the mean, median, standard deviation, and u
range of speeds for each segment and for the overall distance will be provided.
Excess roadway capacity and deficiencies in capacity will be reported.
Task 2: General Transportation Planning Assistance
1. Purpose
The purpose of this task is to provide assistance to the Monroe County Planning &
Environmental Resources Department staff for the purpose of maintaining and updating the
- 16- Packet Pg. 2677
RFQ-for Transportation Planning Services
Long Range Transportation Plan, to ensure that transportation concurrency requirements are
met by public and private development, and other tasks necessary to maintain a high level of
coordination between land use planning and transportation planning activities in the Florida
Keys. This task will provide assistance for general transportation planning and analysis
activities, including data collection and technical support.
2. Activities
The transportation planning consultant will provide assistance to Monroe County Planning &
Environmental Resources Department in the following areas:
A. Review of private development site plans for internal traffic flows and access;
B. Preparation of traffic impact reports; 2
C. Review of access management issues; 0
D. Development of access management plans; a
E. Origin-destination studies;
F. Attendance at appropriate public meetings and hearings;
G. Trip generation rates for land uses;
H. Provision of review comments on relevant transportation documents prepared by
other agencies; U
I. Review of transportation element of reports and plans prepared by County staff in
support of the comprehensive plan amendments; 0
J. Systems planning analysis (including running the FSUTMS model or other 0
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transportation planning models) deemed as appropriate by Client and Consultant; 0
K. Reevaluation of the level of service methodology for US l; and
L. Special transportation projects to implement the comprehensive plan. 0
0.
M. Special transportation projects to implement the U.S. 1 Transportation Master Plan.
ARTICLE III a
ADDITIONAL SERVICES
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3.1 GENERAL
3.1.1 The services described in this Article III are not included in Basic Services. They shall
be paid for by the Owner as provided in this agreement as an addition to the compensation paid
for the Basic Services but only if approved by the Owner before commencement, and as follows: 2
0
A. Providing services of Engineer for other than the previously listed consulting scope of C
Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not 4-
customarily furnished in accordance with generally accepted consulting practice. U_
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C. Providing representation before public bodies in connection with the task order, upon Q
approval by the Owner. `N
3.2 If Additional Services are required, such as those listed above, the Owner shall issue a
letter requesting and describing the requested services to the Engineer. The Engineer shall
respond with fee proposal to perform the requested services. Only after receiving an amendment <
to the task order and a notice to proceed from the Owner proceed with the Additional Services.
ARTICLE IV
OWNER'S RESPONSIBILITIES
- 1 7- Packet Pg. 2678
RFQ-for Transportation Planning Services
4.1 The Owner shall designate Monroe County Planning & Environmental Resources
Department to act on the Owner's behalf with respects to the task orders. The Owner or Monroe
County Planning & Environmental Resources Department shall render decisions in a timely
manner pertaining to documents submitted by the Engineer in order to avoid unreasonable delay
in the orderly and sequential progress of the Engineer's services. However, the parties 6
acknowledge that due to Monroe County Policy, Ordinances or State or Federal Statute there
may be times when a decision must be made by the BOCC, in which case any delay shall not be
attributed to Monroe County or its representative.
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4.2 The Owner shall furnish the required information and services and shall render approvals 2
L-
and decisions as expeditiously as necessary for the orderly progress of the Engineer's services 0
and work of the contractors.
4.3 The Owner's review of any documents prepared by the Engineer or its consultants shall
be solely for the purpose of determining whether such documents are generally consistent with
the Owner's criteria, as and if, modified. No review of such documents shall relieve the Engineer
of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work U
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product.
0
ARTICLE V
0
INDEMNIFICATION AND HOLD HARMLESS
0
5.1 The Engineer covenants and agrees to indemnify and hold harmless Owner/Monroe County
and Monroe County Board of County Commissioners from any and all claims for bodily injury,
including death, personal injury, and property damage, including property owned by Monroe 0
County, and any other losses, damages, and expenses, including attorney's fees, court costs and
expenses, which arise out of, in connection with, or by reason of services provided by the
Engineer or its Subcontractor(s), occasioned by the negligence, errors, or other wrongful act or
omission of the Engineer, their employees, or agents.
5.2 Should any claims be asserted against the County by virtue of any deficiency or ambiguity
in the plans and specifications provided by the Engineer, the Engineer agrees and warrants that c
he shall hold the County harmless and shall indemnify him from all losses occurring thereby and �
shall further defend any claim or action on the County's behalf.
5.3 In the event the completion of the task assignment is delayed or suspended as a result of
the Engineer's failure to purchase or maintain the required insurance, the Engineer shall 0
indemnify County from any and all increased expenses resulting from such delays. Should any U-
claims be asserted against County by virtue of any deficiencies or ambiguity in the plans and W
specifications provide by the Engineer the Engineer agrees and warrants that Engineer hold the
County harmless and shall indemnify it from all losses occurring thereby and shall further defend
any claims or action on the County's behalf.
5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
5.5 This indemnification shall survive the expiration or early termination of the Agreement.
- 18- Packet Pg. 2679
RFQ-for Transportation Planning Services
ARTICLE VI
6.1 PERSONNEL
The Engineer shall assign only qualified personnel to perform any service concerning the
proj ect.
ARTICLE VII
7.1 PAYMENT
Terms of payment are as follows: 0
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Payment shall be made according to the Florida Local Government Prompt Payment Act.
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7.2 REIMBURSABLE EXPENSES
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Reimbursable expenses (travel, meals, mileage, or other expenses) are not allowed as part of this
contract. 0
7.3 BUDGET 0
7.3.1 The Engineer may not be entitled to receive, and the County is not obligated to pay, any 0
0.
fees or expenses in excess of the amount budgeted for this Agreement in each fiscal year
(October 1- September 30) by County's Board of County Commissioners. The budgeted amount
may only be modified by an affirmative act of the County's Board of County Commissioners. 0
7.3.2 AVAILABILITY OF FUNDS. If funding cannot be obtained or cannot be continued at
a level sufficient to allow for continued reimbursement of expenditures for services specified in
this Contract or in the separate contracts for individual projects, the agreement may be
terminated immediately at the option of the County by written notice of termination delivered to
the Engineer. The County shall not be obligated to pay for any services provided by the
Engineer after the Engineer has received written notice of termination, unless otherwise required c
by law.
0
0.
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7.3.3 The County does not guarantee Engineer any specific amount of work under this
agreement. The parties shall enter into a task order for each assignment awarded to the Engineer
by the County. The specific services to be performed under these separate task orders will be 0
determined by the County and agreed to by the Engineer. Each separate task order will contain U-
specific scope of work, time schedule, charges and payment conditions, and additional terms and W
conditions applicable to that specific contract. Q
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7.3.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the transportation funding agency, the Board of County
Commissioners, and the approval of the Board members at the time of contract initiation and its
duration. <
ARTICLE VIII
8.1 APPLICABLE LAW
- 19- Packet Pg. 2680
RFQ-for Transportation Planning Services
This contract is governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and performed entirely in the State. Venue for any mediation,
dispute conferences or litigation arising under this contract must be in Monroe County, Florida.
This Agreement is not subject to arbitration.
ARTICLE IX
9.1 SUCCESSORS AND ASSIGNS
The Engineer shall not assign its right hereunder, excepting its right to payment, nor shall it
delegate any of its duties hereunder without the written consent of the Owner. The Owner and
Engineer, respectively, bind themselves, their partners, successors, assigns and legal 0
representatives to the other party to this Agreement and to the partners, successors, assigns and C
legal representatives of such other party with respect to all covenants of this Agreement.
ARTICLE X
0
NO THIRD PARTY BENEFICIARIES AND INDEPENDENT CONTRACTOR U
RELATIONSHIP
0
10.1 NO THIRD PARTY BENEFICIARIES
0
Nothing contained herein shall create any relationship, contractual or otherwise, between the ra
parties which creates or gives rise to any rights in favor of, any third party. 0
10.2 INDEPENDENT CONTRACTOR RELATIONSHIP
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0
The Engineer is and shall be an independent contractor in the performance of all work, services,
and activities under this Agreement and is not an employee, agent or servant of the County. The
Engineer shall exercise control over the means and manner in which it and its employees
perform the work and in all respects the Engineer's relationship and the relationship of its
employees to the County shall be that of an independent contractor and not as employees or
agents of the County. The Engineer does not have the power or authority to bind the County in
any promise, agreement or representation other than such power and authority that is specifically c
provided for in this Agreement.
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ARTICLE XI
11.1 INSURANCE 0
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11.1.1 The Engineer shall obtain insurance as specified and maintain the required insurance at W
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.
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
-20- Packet Pg. 2681
RFQ-for Transportation Planning Services
coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a
form acceptable to the County.
11.1.3 Engineer shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida.
B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000
Disease,policy limits, $100,000 Disease each employee.
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C. Comprehensive business automobile and vehicle liability insurance covering claims 2
for injuries to members of the public and/or damages to property of others arising 0
from use of motor vehicles, including onsite and offsite operations, and owned, hired U)
or non-owned vehicles, with Three Hundred Thousand Dollars ($300,000.00)
combined single limit and One Hundred Thousand Dollars ($100,000.00) annual
aggregate.
D. Commercial general liability covering claims for injuries to members of the public or U
damage to property of others arising out of any covered act or omission of the
0
Engineer or any of its employees, agents or subcontractors or subconsultants, 0
including Premises and/or Operations, Independent Contractors; Broad Form
Property Damage and a Contractual Liability Endorsement with Five Hundred c
Thousand Dollars ($500,000.00)per occurrence and annual aggregate.
0
E. Professional liability insurance of Five Hundred Thousand Dollars ($500,000.00) per
claim and One Million Dollars ($1,000,000.00) annual aggregate. If coverage is
provided on a claims made basis, an extended claims reporting period of four (4)
years will be required. Recognizing that the work governed by this contract involves
the furnishing of advice or services of a professional nature, the Engineer shall
purchase and maintain, throughout the life of the contract, Professional Liability
Insurance which will respond to damages resulting from any claim arising out of the
performance of professional services or any error or omission of the Engineer arising
out of work governed by this contract.
c
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. 0
G. 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 4-
during the term of this Agreement. County will not pay for increased limits of CY
insurance for subconsultants. W
N
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H. Engineer shall provide to the County certificates of insurance or a copy of all N
insurance policies including those naming the County as an additional insured by
including any subsection thereunder. The County reserves the right to require a E
certified copy of such policies upon request.
ARTICLE XII
TERMINATION
12.1 Either party hereto may terminate this contract prior to expiration upon giving seven (7)
days written notice to the other in the event that such other party negligently or for any reason
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RFQ-for Transportation Planning Services
substantially fails to perform its material obligations set forth herein. No termination expenses
shall be paid by the Owner after the date of notice of termination.
12.2 The Owner may terminate this Contract without cause by giving the other party thirty
(30) days written notice of its intention to do so. Termination expenses shall include expenses
available under the contract through the date on the notice of termination and shall not include
any additional services required in order to stop performance of services, unless agreed to in
writing by the County and subject to audit for the purpose of verification.
12.3 Termination for Cause and Remedies: In the event of breach of any contract terms, the
County retains the right to terminate this Agreement. The County may also terminate this 2
agreement for cause with Engineer should Engineer fail to perform the covenants herein 0
contained at the time and in the manner herein provided. In the event of such termination, prior
to termination, the County shall provide Engineer with seven (7) days' notice and provide the
Engineer with an opportunity to cure the breach that has occurred. If the breach is not cured, the
Agreement will be terminated for cause. If the County terminates this agreement with the
Engineer, County shall pay Engineer the sum due the Engineer under this agreement prior to
0
termination, unless the cost of completion to the County exceeds the funds remaining in the U
contract; however, the County reserves the right to assert and seek an offset for damages caused
by the breach. The maximum amount due to Engineer shall not in any event exceed the amount 0
in the task orders issued and approved. In addition, the County reserves all rights available to 0
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recoup monies paid under this Agreement, including the right to sue for breach of contract and 0
including the right to pursue a claim for violation of the County's False Claims Ordinance,
located at Section 2-721 et al. of the Monroe County Code. 0
CL
CL
12.4 Termination for Convenience: The County may terminate this Agreement for convenience, <
at any time, upon 30 days' notice to Engineer. If the County terminates this agreement with the 0
Engineer, County shall pay Engineer the sum due the Engineer under this agreement prior to
termination, unless the cost of completion to the County exceeds the funds remaining in the LO
contract. The maximum amount due to Engineer shall not exceed the amount in the task orders
issued and approved.
12.5 For Contracts of any amount, if the County determines that the Engineer has submitted a
false certification under Section 287.135(5), Florida Statutes or has been placed on the
Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County
shall have the option of (1) terminating the Agreement after it has given the Engineer written 0
notice and an opportunity to demonstrate the agency's determination of false certification was in
error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4), Florida Statutes, are met. 0
a
12.6 For Contracts of$1,000,000 or more, if the County determines that the Engineer submitted W
a false certification under Section 287.135(5), Florida Statutes, or if the Engineer has been Q
placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business
operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement
after it has given the Engineer written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida <
Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
ARTICLE XIII
ENTIRE AGREEMENT
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RFQ-for Transportation Planning Services
13.1 This contract constitutes of the form of agreement, the exhibits that are attached and
made a part of the contract, the response document, and the documents referred to in the form of
agreement as a part of this contract. In the event any conflict between any of those contract
documents, the one imposing the greater burden on the Engineer will control.
13.2 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
property to public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017 of 0
the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
ARTICLE XIV
DISPUTE RESOLUTION
U
14.1 County and Engineer agree that all disputes and disagreements shall first be attempted to
be resolved by meet and confer sessions between representatives of each of the parties, If no 0
resolution can be agreed upon within 30 days after the first meet and confer session, the issue or 0
issues shall be submitted to mediation before a mediator mutually agreed to by the parties. The 0
cost of mediation shall be shared equally. The parties agree that mediation is a condition ra
precedent to the institution of legal or equitable proceedings by either party. Request for 0
mediation shall be in writing and sent to the other party. The parties shall agree on a mediator to
hear the dispute.
U)
0
14.2 Mediation shall be held in Monroe County, Florida in a location in Key West; the location
may be moved only by mutual agreement of the parties.
14.3 Agreements reached in mediation shall be reduced to writing and signed by the
representative of each party; however, agreements must be approved by the Board of County
Commissioners to be enforceable. Agreements reached in mediation shall be enforceable as
settlement agreements in any court having jurisdiction in Monroe County. 2
0
14.4 Nothing in this Agreement shall be construed to interfere with a subsequent order from 0
any court of competent jurisdiction ordering the parties to enter into mediation after institution of
legal or equitable proceedings.
0
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14.5 Arbitration is specifically rejected by the parties as a method of settling disputes which
arise under this agreement; neither of the parties shall be compelled by the other to arbitrate a W
dispute which may arise under this Agreement. a
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ARTICLE XV a
ADDITIONAL REQUIREMENTS
15.1 The following items are part of this contract:
a) Maintenance of Records
Engineer shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
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RFQ-for Transportation Planning Services
principles consistently applied. Records shall be retained for a period of ten years
from the termination of this agreement or for a period of three years from the
submission of the final expenditure report as per 2 CFR §200.333, whichever is
greater. Each party to this Agreement or its authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement
for public records purposes during the term of the Agreement and for seven years
following the termination of this Agreement. If an auditor employed by the County or
Clerk determines that monies paid to Engineer pursuant to this Agreement were spent
for purposes not authorized by this Agreement, or were wrongfully retained by the
Engineer, the Engineer shall repay the monies together with interest calculated
pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were 2
paid by the County. 0
U)
b) Right to Audit
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files
(including proposals of successful and unsuccessful bidders, bid recaps, bidding c
U
instructions, bidders list, etc.); original estimates; estimating work sheets;
correspondence; change order files (including documentation covering negotiated
settlements); back charge logs and supporting documentation; general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends; any other
supporting evidence deemed necessary by County or the Monroe County Office of c
0
the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to
substantiate charges related to this agreement, and all other agreements, sources of
information and matters that may in County's or the County Clerk's reasonable <
judgment have any bearing on or pertain to any matters, rights, duties or obligations
under or covered by any contract document (all foregoing hereinafter referred to as
"Records") shall be open to inspection and subject to audit and/or reproduction by
County's representative and/or agents or the County Clerk. County or County Clerk
may also conduct verifications such as, but not limited to, counting employees at the
job site, witnessing the distribution of payroll, verifying payroll computations,
overhead computations, observing vendor and supplier payments, miscellaneous
allocations, special charges, verifying information and amounts through interviews
and written confirmations with employees, Subcontractors, suppliers, and contractors
representatives. All records shall be kept for ten (10) years after Final Completion of 0
the Project. The County Clerk possesses the independent authority to conduct an audit C
of Records, assets, and activities relating to this Project. If any auditor employed by
the Monroe County or County Clerk determines that monies paid to Engineer 0
pursuant to this Agreement were spent for purposes not authorized by this CY
Agreement, the Engineer shall repay the monies together with interest calculated W
pursuant to Section 55.03, F.S., running form the date the monies were paid to N
Engineer. The right to audit provisions survives the termination of expiration of this N
Agreement.
c) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Engineer agree that venue will lie
in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to a trial by jury. The County and
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RFQ-for Transportation Planning Services
Engineer agree that, in the event of conflicting interpretations of the terms or a term
of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding,
pursuant to this agreement.
d) Severability. If any term, covenant, condition or provision of this Agreement (or the 6
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this 0
Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Engineer agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent
of the stricken provision.
0
e) Attorney's Fees and Costs. The County and Engineer agree that in the event any U
cause of action or administrative proceeding is initiated or defended by any parry
relative to the enforcement or interpretation of this Agreement, the prevailing party 0
shall be entitled to reasonable attorney's fees and court costs expenses, as an award 0
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against the non-prevailing party, and shall include attorney's fees and courts costs 0
expenses in appellate proceedings.
0
f) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Engineer and their respective
legal representatives, successors, and assigns. 0
g) Authority. Each parry represents and warrants to the other that the execution O
delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law. Each parry agrees that it
has had ample opportunity to submit this Contract to legal counsel of its choice and 0-
enters into this agreement freely, voluntarily and with advise of counsel.
c
h) Claims for Federal or State Aid. Engineer and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the C
purpose of this Agreement. Any conditions imposed as a result of funding that
effect the Project will be provided to each parry.
0
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i) Adjudication of Disputes or Disagreements. County and Engineer agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer W
session between representative of each of the parties. If the issue or issues are still not Q
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. This u
Agreement is not subject to arbitration. This provision does not negate or waive the
provisions under this Agreement concerning termination or cancellation.
j) 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 Engineer agree to participate, to the extent required by the
other parry, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
-25 - Packet Pg. 2686
RFQ-for Transportation Planning Services
Agreement. County and Engineer specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
k) Nondiscrimination/Equal Employment Opportunity. Engineer and County agree that
there will be no discrimination against any person, and it is expressly understood that
upon a determination by a court of competent jurisdiction that discrimination has 6
occurred, this Agreement automatically terminates without any further action on the
part of any party, effective the date of the court order. Engineer and County agrees to
comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title VII of
the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis
of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as 0
amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on
the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20
USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
0
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug U
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to 0
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health 0
z
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, 0
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of ra
the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to 0
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Monroe County 0
Code Chapter 14, Article II, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; 11) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of,
this Agreement.
During the performance of this Agreement, the Engineer, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 c
Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order
11246 Relating to Equal Employment Opportunity, and implementing regulations at C
41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix
II, ¶ C, agrees as follows: 0
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1) The Engineer will not discriminate against any employee or applicant for W
employment because of race, color, religion, sex, sexual orientation, gender Q
identity, or national origin. The Engineer will take affirmative action to ensure
that applicants are employed, and that employees are treated during u
employment, without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but
not be limited to the following: Employment, upgrading, demotion, or <
transfer, recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including
apprenticeship. The Engineer agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause.
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RFQ-for Transportation Planning Services
2) The Engineer will, in all solicitations or advertisements for employees placed
by or on behalf of the Engineer, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex,
sexual orientation, gender identity, or national origin.
3) The Engineer will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
employee or applicant or another employee or applicant. This provision shall
not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such 0
employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint
or charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with
0
the Engineer's legal duty to furnish information. U
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4) The Engineer will send to each labor union or representative of workers with 0
which it has a collective bargaining agreement or other contract or 0
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understanding, a notice to be provided advising the said labor union or 0
workers' representative of the Engineer's commitments under this section, and ra
shall post copies of the notice in conspicuous places available to employees 0
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and applicants for employment. CL
5) The Engineer will comply with all provisions of Executive Order 11246 of 0
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6) The Engineer will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and orders
of the Secretary of Labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the administering agency and the Secretary of 2
Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders. 0
7) In the event of the Engineer's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, 0
this contract may be canceled, terminated or suspended in whole or in part and U-
the Engineer may be declared ineligible for further Government contracts or W
federally assisted construction contracts in accordance with procedures CD
CN
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive u
Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
8) The Engineer will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon
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RFQ-for Transportation Planning Services
each subcontractor or vendor. The Engineer will take such action with respect
to any subcontract or purchase order as the administering agency may direct
as a means of enforcing such provisions, including sanctions for non-
compliance; provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the administering agency, the contractor may 6
request the United States to enter into such litigation to protect the interests of
the United States.
1) 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 0
perform and receive benefits as recited in this Agreement.
m) 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
0
limited to, solicitation or acceptance of gifts; doing business with one's agency; U
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information. 0
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n) No Solicitation/Payment. The Engineer and County warrant that, in respect to itself, 0
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 0-
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 0
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.
o) 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
under its control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the Engineer and County in conjunction with this Agreement; and the C
Engineer shall have the right to unilaterally cancel this Agreement upon violation of
this provision by County.
0
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p) Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28, Florida
Statutes, the participation of the Engineer and the County in this Agreement and the W
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 be required to contain any provision for waiver.
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q) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial
limits of the County shall apply to the same degree and extent to the performance of
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RFQ-for Transportation Planning Services
such functions and duties of such officers, agents, volunteers, or employees outside
the territorial limits of the County.
r) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon
the entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of
the obligation or responsibility. Further, this Agreement is not intended to, nor shall
it be construed as, authorizing the delegation of the constitutional or statutory duties
of the County, except to the extent permitted by the Florida constitution, state statute,
and case law. c
0.
U)
s) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the Engineer and the County agree that neither the Engineer nor the
County or any agent, officer, or employee of either shall have the authority to inform, U
counsel, or otherwise indicate that any particular individual or group of individuals,
entity or entities, have entitlements or benefits under this Agreement separate and 0
apart, inferior to, or superior to the community in general or for the purposes 0
Z
contemplated in this Agreement. 0
t) Attestations. Engineer agrees to execute such documents as the County may 0-
CL
reasonably require including a Public Entity Crime Statement, an Ethics Statement, CL
and a Drug-Free Workplace Statement.
u) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee
of Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement. -
a
v) Americans with Disabilities Act of 1990 (ADA). The Engineer will comply with all c
the requirements as imposed by the ADA, the regulations of the Federal government
issued thereunder, and the assurance by the Engineer pursuant thereto. 0
a
w) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of
the County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the 0
opportunity to participate in the performance of contracts financed in whole or in part U_
with COUNTY funds under this Agreement. The DBE requirements of applicable W
federal and state laws and regulations apply to this Agreement. The COUNTY and its Q
CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth
in detail below), applicable federal and state laws and regulations to ensure that the
DBE's have the opportunity to compete for and perform contracts. The COUNTY <
and the CONTRACTOR and subcontractors shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of contracts, entered
pursuant to this Agreement.
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RFQ-for Transportation Planning Services
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY
BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS
AREA FIRMS
a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to
subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONTRACTOR shall take the following affirmative steps to assure that 6
minority businesses, women's business enterprises, and labor surplus area
firms are used whenever possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists; 2
L-
(2) Assuring that small and minority businesses, and women's business 0
enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority
businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which
0
encourage participation by small and minority businesses, and women's U
business enterprises;
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(5) Using the services and assistance, as appropriate, of such organizations as 0
the Small Business Administration and the Minority Business 0
Z
Development Agency of the Department of Commerce. 0
(6) Requiring the Prime contractor, if subcontractor are to be let, to take the ra
affirmative steps listed in paragraph(1)through(5) of this section. 0
CL
CL
It is the policy of FDOT to encourage the participation of small businesses and <
disadvantaged business enterprises ("DBE") in all facets of the business activities of 0
FDOT, consistent with applicable laws and regulations. FDOT has established an
aspiration goal of 10.65% DBE usage and an additional 3%non-DBE Small Business LO
usage for the subject Project. Firms proposing for this Project shall aspire to have
10.65% or more of the total contract costs performed by DBEs, and an additional
three percent (3%) or more of the total contract costs performed by non-DBE small
businesses. Although not a contract requirement, FDOT believes that the
aforementioned aspiration goal can realistically be achieved based on current c
availability of DBEs and small businesses. FDOT further believes that the 13.65%
overall goal can be achieved through race neutral means, using standard competitive 0
procurement processes. Pursuant to the provisions of Section 339.0805, Florida
Statutes, and Rule 14.78.005, Florida Administrative Code, FDOT has adopted rules
to provide certified DBEs opportunities to participate in the business activities of 0
FDOT as vendors, contractors, subcontractors, and consultants. FDOT has adopted U-
the DBE definition set forth in Code 49 of Federal Regulations Section 26.5. W
N
The Department's DBE directory may be found at the following website: F( Ital
Qpp.i2r,�!urrrr47 01 fi. v i1u .iurrvrrrr ..
Firms agree to apply their best efforts to utilize qualified non-DBE small businesses
as vendors, contractors, subcontractors, and consultants for the Project. Qualifications
for small businesses may be found at the following website: t; p;2r11!1u 111
01lice Size Slandards
Frans will submit the i rrol'essi„onal Services Co milu rani,lbr!D as required by the
..
advertisement when selecting from Expanded Letters of Response, otherwise it will
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RFQ-for Transportation Planning Services
be required with the Request for Proposal.
DBE listing for Professional Services (Check DBE& Small Business column for
status) l r..o..f vrr.. ..
Non-DBE Small Business listing for Professional Services (Check DBE& Small
Business column for status): P..ro4°vrionai
Services lZeporj.
x) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by singing any such counterpart. 0
U)
y) Section Headings. Section headings have been inserted in this Agreement as a matter
of convenience of reference only, and it is agreed that such section headings are not a
part of this Agreement and will not be used in the interpretation of any provision of
this Agreement.
U
z) E-Verify System. The Engineer shall utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all new employees 0
hired by the Engineer during the term of the Contract and shall expressly require any 0
Z
subcontractors performing work or providing services pursuant to the Contract to 0
likewise utilize the U.S. Department of Homeland Security's E-Verify system to ra
verify the employment eligibility of all new employees hired by the subcontractor 0-
CL
during the Contract term. CL
aa) Energy Efficiency- Engineer will comply with the Energy Policy and Conservation 0
Act (P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and
policies relating to energy efficiency and the provisions of the state Energy
Conservation Plan adopted pursuant thereto.
bb)FEDERAL CONTRACT REQUIREMENTS
The Engineer and its subcontractors must follow the provisions, as applicable, as set
forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200 c
as amended, including but not limited to:
1) Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by
Federal program legislation, which includes emergency Management
Preparedness Grant Program, Homeland Security Grant Program, Nonprofit 0
Security Grant Program, Tribal Homeland Security Grant Program, Port U_
Security Grant Program and Transit Security Grant Program, all prime W
construction contracts in excess of $2,000 awarded by non-Federal entities
must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and
§§3146-3148) as supplemented by Department of Labor regulations (29 CFR
Part 5, "Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction"). In accordance with the
statute, contractors must be required to pay wages to laborers and mechanics <
at a rate not less than the prevailing wages specified in a wage determination
made by the Secretary of Labor. In addition, contractors must be required to
pay wages not less than once a week. If applicable, the COUNTY must place
a current prevailing wage determination issued by the Department of Labor in
each solicitation. The decision to award a contract or subcontract must be
- 31 - Packet Pg. 2692
RFQ-for Transportation Planning Services
conditioned upon the acceptance of the wage determination. The COUNTY
must report all suspected or reported violations to the Federal awarding
agency.
When required by Federal program legislation, which includes emergency
Management Preparedness Grant Program, Homeland Security Grant 6
Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant
Program, Port Security Grant Program and Transit Security Grant Program (it
does not apply to other FEMA grant and cooperative agreement programs,
including the Public Assistance Program), the contractors, in contracts for
construction or repair work above $2,000 in situations where the Davis-Bacon 2
also applies, must also comply with the Copeland "Anti-Kickback" Act (40 c
CL
U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C
CFR Part 3, "Contractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United
States"). As required by the Act, each contractor or subrecipient is prohibited
from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation U
to which he or she is otherwise entitled. The COUNTY must report all
suspected or reported violations to the Federal awarding agency. 0
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(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 0
U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be
applicable,which are incorporated by reference into this contract. 0
(2) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may by 0
appropriate instructions require, and also a clause requiring the `2
subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and c
subcontractor as provided in 29 C.F.R. § 5.12.
0.
Additionally, in accordance with the regulation, each contractor and C
subcontractor must furnish each week a statement with respect to the wages
paid each of its employees engaged in work covered by the Copeland Anti- 0
Kickback Act and the Davis Bacon Act during the preceding weekly payroll U_
period. The report shall be delivered by the contractor or subcontractor, within N
seven days after the regular payment date of the payroll period, to a
representative of a Federal or State agency in charge at the site of the building
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or work.
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2) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
Where applicable, which includes all FEMA grant and cooperative agreement
programs, all contracts awarded by the COUNTY in excess of $100,000 that
involve the employment of mechanics or laborers must comply with 40
U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act each
- 32- Packet Pg. 2693
RFQ-for Transportation Planning Services
contractor must compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are
applicable to construction work and provide that no laborer or mechanic must
be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
0
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U)
Compliance with the Contract Work Hours and Safety Standards Act. C
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(1) Overtime requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the 0
employment of laborers or mechanics shall require or permit any such U
laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek
unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times the basic rate of pay for all hours 0
worked in excess of forty hours in such workweek.
0
(2) Violation; liability for unpaid wages; liquidated damages. In the CL
event of any violation of the clause set forth in paragraph 29 C.F.R. §
5.5(b)(1) the contractor and any subcontractor responsible therefor 0
shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work LO
done under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of
the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of
$27 for each calendar day on which such individual was required or �
permitted to work in excess of the standard workweek of forty hours U)
without payment of the overtime wages required by the clause set forth
in paragraph 29 C.F.R. § 5.5 (b)(1).
0
(3) Withholding for unpaid wages and liquidated damages. The
Federal agency shall upon its own action or upon written request of an N
authorized representative of the Department of Labor withhold or Q
cause to be withheld, from any moneys payable on account of work 4,
performed by the contractor or subcontractor under any such contract
or any other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work Hours
and Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and
damages as provided in the clause set forth in paragraph 29 C.F.R. §
5.5 (b)(2).
- 33 - Packet Pg. 2694
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(4) Subcontracts. . The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1)
through (4) and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for compliance by any subcontractor or lower
subcontractor with the clause set forth in paragraphs 29 C.F.R. § 5.5
(1)through (4).
3) Rights to Inventions Made Under a Contract or Agreement. If the Federal 0
award meets the definition of"funding agreement" under 37 CFR §401.2 (a)
and the recipient or subrecipient wishes to enter into a contract with a small 0
business firm or nonprofit organization regarding the substitution of parties, C
assignment or performance of experimental, developmental, or research work
under that "funding agreement," the recipient or subrecipient must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements," and any implementing U
regulations issued by the awarding agency.
0
4) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution 0
Control Act (33 U.S.C. 1251-1387). Contractor agrees to comply with all 0
applicable standards, orders or regulations issued pursuant to the Clean Air ra
Act, as amended (42 U.S.C. §§7401-7671q) and the Federal Water Pollution 0
CL
Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations CL
to FEMA/Federal Agency and the appropriate Regional Office of the <
Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 0
7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387), as amended—applies to Contracts and subgrants of amounts in excess LO
of $150,000. The contractor agrees to include these requirements in each
subcontract exceeding $150,000 financed in whole or in part with Federal
assistance provided by FEMA/Federal agency. The contractor agrees to report
each violation to the COUNTY and understands and agrees that the COUNTY
will, in turn, report each violation as required to assure notification to 2
FEMA/Federal Agency and the appropriate EPA Regional Office.
0.
U)
5) Debarment and Suspension (Executive Orders 12549 and 12689). A contract
award under a "covered transaction" (see 2 CFR 180.220) must not be made
to parties listed on the governmentwide exclusions in the System for Award 0
Management (SAM), in accordance with the OMB guidelines at 2 CFR Part U-
180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) W
N
and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" Q
and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000
(Nonprocurement Debarment and suspension) SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as
well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549. SAM exclusions can be accessed at <
www.sam.gov. Contractor is required to verify that none of the contractor's
principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R.
§180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified
(defined at 2 C.F.R. §180.935). the contractor must comply with 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a
- 34- Packet Pg. 2695
RFQ-for Transportation Planning Services
requirement to comply with these regulations in any lower tier covered
transaction it enters into. This certification is a material representation of fact
relied upon by the COUNTY. If it is later determined that the contractor did
not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C,
in addition to remedies available to the COUNTY, the Federal Government
may pursue available remedies, including but not limited to suspension and/or
debarment. Bidders or Proposers agree to comply with the requirements of 2
C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is
valid and throughout the period of any contract that may arise from this offer.
The Bidder or Proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
0
0.
6) Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). Contractors that apply
or bid for an award exceeding $100,000 must file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
0
Congress, officer or employee of Congress, or an employee of a member of U
Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. § 1352. Each tier must also disclose any 0
lobbying with non-Federal funds that takes place in connection with obtaining 0
Z
any Federal award. Such disclosures are forwarded from tier to tier up to the 0
recipient who in turn will forward the certification(s) to the awarding agency.
If award exceeds $100,00, the attached certification must be signed and 0-
CL
submitted by the contractor to the COUNTY.) CL
7) Compliance with Procurement of recovered materials as set forth in 2 CFR § 0
200.323. CONTRACTOR must comply with section 6002 of the Solid Waste
Disposal Act, as amended, by the Resource Conservation and Recovery Act. LO
The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part
247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity 2
acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource 0
recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines. In the
performance of this contract, the Contractor shall make maximum use of 0
products containing recovered materials that are EPA-designated items unless U_
the product cannot be acquired— W
1. Competitively within a timeframe providing for compliance with the Q
contract performance schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price. a
Information about this requirement, along with the list of EPA-designated
items, is available at EPA's Comprehensive Procurement Guidelines web site, <
https://www.epa.gov/smm/comprehensiveprocurement-
guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements
of Section 6002 of the Solid Waste Disposal Act.
- 35 - Packet Pg. 2696
RFQ-for Transportation Planning Services
8) Prohibition on certain telecommunications and video surveillance services or
equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and
their contractors and subcontractors may not obligate or expend any federal
funds to (1)Procure or obtain; (2) Extend or renew a contract to procure or
obtain; or (3) Enter into a contract(or extend or renew a contract) to procure
or obtain equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential
component of any system, or as critical technology as part of any system. As
described in Public Law 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produced by
Huawei Technologies Company or ZTE Corporation (or any subsidiary or 0
affiliate of such entities).
(iii) For the purpose of public safety, security of government facilities,
physical security surveillance of critical infrastructure, and other
national security purposes, video surveillance and
0
telecommunications equipment produced by Hytera U
Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or 0
any subsidiary or affiliate of such entities).
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0
(ii) Telecommunications or video surveillance services provided by such °
entities or using such equipment.
0
(iii) Telecommunications or video surveillance equipment or services
produced or provided by an entity that the Secretary of Defense, in
consultation with the Director of the National Intelligence or the Director 0
of the Federal Bureau of Investigation, reasonably believes to be an entity
owned or controlled by, or otherwise connected to, the government of a
covered foreign country.
9) Domestic preference for procurements as set forth in 2 CFR §200.322. The
COUNTY and CONTRACTOR should, to the great extent practicable,
provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States (including but not limited to iron, 0
aluminum, steel, cement, and other manufactured products). These
requirements of this section must be included in all subawards including
contracts and purchase orders for work or products under federal award. For 0
purposes of this section: CY
(1) "Produced in the United States" means, for iron and steel products, N
that all manufacturing processes, from the initial melting stage through the
application of coatings, occurred in the United States.
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(2) "Manufactured products" means items and construction materials
composed in whole or in part of non-ferrous metals such as aluminum;
plastics and polymer-based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
- 36- Packet Pg. 2697
RFQ-for Transportation Planning Services
c
THIS SPACE INTENTIONALLY LEFT BLANK 2
SIGNATURES ON FOLLOWING PAGE 0
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- 37- Packet Pg. 2698
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IN WITNESS WHEREOF, each parry caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS 6
Attest: KEVIN MADOK Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chairman
0
0.
Date:
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(INSERT NAME of Engineer)
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By:
Signature of Corporate Agent 0
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Print Name of Corporate Agent 76
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Date: CL
1) WITNESS TO Engineer's Signature:
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By:
WITNESS Signature
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Print Witness Name
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Date: CL
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2) WITNESS TO Engineer's Signature:
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By:
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WITNESS Signature `N
Print Witness Name 2
Date:
END OF AGREEMENT
- 38- Packet Pg. 2699
RFQ-for Transportation Planning Services
SECTION THREE: COUNTY FORMS
Please follow the complete instructions to respondents specified in
Section I "Contractor Selection and Evaluation Process"
RESPONSE FORM
CL
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
OMB-BIDS@monroecounty-fl.gov 0
U)
I acknowledge receipt of Addenda No.(s)
I have included:
0
o The Submission Response Form U
o Lobbying and Conflict of Interest Clause
o Non-Collusion Affidavit 0
o Drug Free Workplace Form
a�
z
o Respondent's Insurance and Indemnification Statement 0
o Insurance Agent's Statement
o Minority Owned Business Declaration 0
o Federal Lobbying
In addition, I have included a current copy of the following professional and occupational 0
licenses:
(Check mark items above, as a reminder that they are included.)
Mailing Address:
0
Telephone: C
Fax: Date:
0
Signed: Witness: CY
(Seal) W
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(Name)
(Title)
- 39- Packet Pg. 2700
RFQ-for Transportation Planning Services
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY,FLORIDA
ETHICS CLAUSE
« c
(Company) -
0
...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former C
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision
the County 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." U
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0
(Signature)
0
Date:
0
CL
STATE OF: CL
COUNTY OF:
2
2.1
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date)by
(name of affiant). He/She is personally known to me or has produced
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(type of identification) as identification.
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NOTARY PUBLIC
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My Commission Expires:
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-40- Packet Pg. 2701
RFQ-for Transportation Planning Services
NON-COLLUSION AFFIDAVIT
I of the city of according to law on my oath,
and under penalty of perjury, depose and say that
1. I am of the
firm of the bidder making the CL
Proposal for the project described in the Request for Proposals for
and that I executed the said proposal
with full authority to do so; 0
C,
2. The prices in this bid have been arrived at independently without C
collusion, consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with any
competitor;
3. Unless otherwise required by law, the prices which have been quoted 0
in this bid have not been knowingly disclosed by the bidder and will not knowingly be U
disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to
any competitor; and 0
0
4. No attempt has been made or will be made by the bidder to induce 0
any other person, partnership or corporation to submit, or not to submit, a bid for the 0
purpose of restricting competition;
0
5. The statements contained in this affidavit are true and correct, and t
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made with full knowledge that Monroe County relies upon the truth of the statements
contained in this affidavit in awarding contracts for said project. U)
0
2
(Signature)
Date:
CL
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STATE OF:
0
CL
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
4-
notarization, on (date) by
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(name of affiant). He/She is personally known to me or `N
N
has produced (type of identification) as
identification.
NOTARY PUBLIC
My Commission Expires:
-41 - Packet Pg. 2702
RFQ-for Transportation Planning Services
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition. CL
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of a
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations. C,
U)
3. Give each employee engaged in providing the commodities or contractual services that are under
bid a copy of the statement specified in subsection(1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working
on the commodities or contractual services that are under bid, the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law U
of the United States or any state, for a violation occurring in the workplace no later than five (5) 0
days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted. c
0
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation >
of this section. L-
C,
CL
As the person authorized to sign the statement, I certify that this firm complies fully with the above <
requirements. 0
(Signature)
Date: CL
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STATE OF:
0
CL
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
0
4-
notarization, on (date) by
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(name of affiant). He/She is personally known to me or N
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has produced (type of identification) as
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identification.
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NOTARY PUBLIC
My Commission Expires:
-42- Packet Pg. 2703
RFQ-for Transportation Planning Services
PUBLIC ENTITY CRIME STATEMENT
"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 a 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 construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months for the date of being
placed on the convicted vendor list." 2
I have read the above and state that neither (Respondent's name) nor any C,
Affiliate has been placed on the convicted vendor list within the last 36 months.
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(Signature) U
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Date:
0
0
STATE OF:
0
CL
COUNTY OF: CL
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online 0
2.1
notarization, on (date) by 0
(name of affiant). He/She is personally known to me or
has produced (type of identification) as
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identification.
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-43 - Packet Pg. 2704
RFQ-for Transportation Planning Services
SECTION FOUR: INSURANCE REQUIREMENTS
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
Indemnification and Hold Harmless For Other Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County 0
Commissioners from any and all claims for bodily injury (including death), personal injury, and property U)
damage (including property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees)which arise out of,in connection with, or by reason of services provided by the
Contractor or any of its Subcontractor(s) in any tier, occasioned by negligence, errors, or other wrongful
act of omission of the Contractor or its Subcontractors in any tier,their employees,or agents.
0
In the event the completion of the project (to include the work of others) is delayed or suspended as a U
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result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall u
indemnify the County from any and all increased expenses resulting from such delay. 0
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The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
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-44- Packet Pg. 2705
K.1.c
RFQ-for Transportation Planning Services
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
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General Insurance Requirements For Other Contractors and Subcontractors L
As a pre-requisite of the work governed, the Contractor shall obtain, at his/her own expense, insurance as 0
specified in any attached schedules, which are made part of this contract. The Contractor will ensure that U)
the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an
alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached
schedules.
The Contractor will not be permitted to commence work governed by this contract until satisfactory ti
evidence of the required insurance has been furnished to the County as specified below. Delays in the
commencement of work,resulting from the failure of the Contractor to provide satisfactory evidence of the 0
required insurance, shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and time, except for c
the Contractor's failure to provide satisfactory evidence.
0
The Contractor shall maintain the required insurance throughout the entire term of this contract and any CL
extensions. Failure to comply with this provision may result in the immediate suspension of all work until
the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the U)
failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work had not been 0
suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either:
• Certificate of Insurance Or g
• A Certified copy of the actual insurance policy. CL
U)
The County, at its sole option, has the right to request a certified copy of any or all insurance policies
required by this contract. 0
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All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, W
or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by Q
the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the
Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe
County Board of County Commissioners, its employees and officials will be included as "Additional
Insured"on all policies, except for Workers' Compensation.
-45 -
Packet Pg. 2706
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RFQ-for Transportation Planning Services
Any deviations from this General Insurance Requirements must be requested in writing on the County
prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County
Risk Management.
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-46-
Packet Pg. 2707
K.1.c
RFQ-for Transportation Planning Services
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' S
Compensation Insurance with limits sufficient to respond to the applicable state statues.
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In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: 0
$100,000 Bodily Injury by Accident 0
$500,000 Bodily Injury by Disease,policy limits U)
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the state of U
Florida.
0
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer,
the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a
0
Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details
on the Contractor's Excess Insurance Program.
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If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In
addition, the Contractor may be required to submit updated financial statements from the fund upon U)
request from the County.
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-47-
Packet Pg. 2708
K.1.c
RFQ-for Transportation Planning Services
GENERAL LIABILITY
INSURANCE REQUIREMENTS
Prior to the commencement of work governed by this contract, the Contractor shall obtain General
Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a
minimum: �
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability L-
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• Personal Injury Liability C
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit(CSL) t0
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If split limits are provided, the minimum limits acceptable shall be:
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$100,000 per Person a�
$500,000 per Occurrence
$50,000 Property Damage >
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An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions CL
should include coverage for claims filed on or after the effective date of this contract. In addition, the U)
period for which claims may be reported should extend for a minimum of twelve (12) months following
the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements.
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-48-
Packet Pg. 2709
K.1.c
RFQ-for Transportation Planning Services
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to
the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained
throughout the life of the contract and include, as a minimum, liability coverage for:
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• Owned,Non-Owned, and Hired Vehicles
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The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
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If split limits are provided, the minimum limits acceptable shall be:
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$200,000 per Person
$300,000 per Occurrence 0
$200,000 Property Damage
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The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies
issued to satisfy the above requirements. 0
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-49-
Packet Pg. 2710
K.1.c
RFQ-for Transportation Planning Services
PROFESSIONIAL LIABILITY
INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract involves the furnishing of advice or services of a
professional nature, the Contractor shall purchase and maintain, throughout the life of the Contract,
Professional Liability Insurance which will respond to damages resulting from any claim arising out of the
performance of professional services or any error or omission of the Contractor arising out of the work
governed by this Contract.
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The minimum limits of liability shall be: 2
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$500,000 per Occurrence/$1,000,000 Aggregate
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- 50-
Packet Pg. 2711
K.1.c
RFQ-for Transportation Planning Services
Respondent's Insurance and Indemnification Statement
Insurance Requirement Required Limits
Worker's Compensation and $100,000 Bodily Injury by Accident
Employers Liability $500,000 Bodily Injury by Disease,policy limits
$100,000 Bodily Injury by Disease, each employee
General Liability $500,000 Combined Single Limit CL
If split limits are provided,the minimum limits acceptable shall be:
$100,000 per person
$500,000 per occurrence 0
$50,000 property damage U)
Vehicle Liability $300,000 Combined Single Limit
If split limits are provided,the minimum limits acceptable shall be:
$200,000 per person
$300,000 per occurrence c
$200,000 property damage
Professional Liability $500,000 per occurrence 0
$1,000,000 aggregate
0
IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS
0
The Respondent covenants and agrees to indemnify, hold harmless and defend Monroe County, its CL
commissioners, officers, employees, agents and servants from any and all claims for bodily injury, <
including death, personal injury, and property damage, including property owned by Monroe County, and U)
any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses,
which arise out of, in connection with, or by reason of services provided by the Contractor or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the
Respondent, including its Subcontractor(s)in any tier, their officers, employees, servants or agents.
In the event that the completion of the work (to include the work of others) is delayed or suspended as a
result of the Respondent's failure to purchase or maintain the required insurance, the Respondent shall �
indemnify the County from any and all increased expenses resulting from such delay. c
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The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
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This indemnification shall survive the expiration or earlier termination of the Agreement. a
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RESPONDENT'S STATEMENT N
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I understand the insurance that will be mandatory if awarded the contract and will comply in full with all
the requirements.
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Respondent Signature
- 51 -
Packet Pg. 2712
K.1.c
RFQ-for Transportation Planning Services
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles apply to
the corresponding policy.
POLICY DEDUCTIBLES
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- 52-
Packet Pg. 2713
K.1.c
RFQ-for Transportation Planning Services
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest of the County, to deviate from the 0
standard insurance requirements specified within this manual. Recognizing this potential, and acting on M
the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk 0
Management to waive and modify various insurance provisions.
Specifically excluded from this authorization is the right to waive:
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• The County as being named as an Additional Insured— If a letter from the Insurance Company
(not the Agent) is presented, stating that they are unable or unwilling to name the County as an t0
Additional Insured, Risk Management has been granted the authority to waive this provision. 0
And 0
0
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• The Indemnification and Hold Harmless provisions 0
Waiving of insurance provisions could expose the County to economic loss. For this reason, every attempt 0
should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a C,
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Request for Waiver of Insurance Requirement form should be completed and submitted for
consideration with the proposal. U)
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After consideration by Risk Management and if approved, the form will be returned, to the County
Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the
Courts.
Should Risk Management deny this Waiver Request, the other party may file an appeal with the County L
Administrator or the Board of County Commissioners,who retains the final decision-making authority. a
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- 53 -
Packet Pg. 2714
K.1.c
RFQ-for Transportation Planning Services
MONROE COUNTY,FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements,be waived or modified on the following contract:
Contractor:
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Contract for:
Address of Contractor:
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Scope of Work:
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Reason for Waiver: U)
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Policies Waiver
will apply to:
Signature of Contractor:
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Approved Not Approved
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Date:
County Administrator appeal: 0
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Approved Not Approved
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Date: a
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Board of County Commissioners appeal:
Approved Not Approved
Meeting Date:
BIDDER SIGNATURE
- 54-
Packet Pg. 2715
RFP for Transportation Planning Services K.1.c
INSURANCE REQUIREMENTS FOR SUBMITTING PROPOSALS
Worker's Compensation $100,000 Bodily Injury by Ace.
$500,000 Bodily Inj.by Disease,policy Imts
$100,000 Bodily Inj.by Disease, each emp.
General Liability,including $500,000 Combined Single Limit
Premises Operation
Products and Completed Operations C
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage 0
Vehicle Liability $200,000 per Person
(Owned,non-owned and hired vehicles) $300,000 per Occurrence
$200,000 Property Damage
$30000,000 Combined Single Limit
Professional Liability $500,000 per Occurrence U
$1,000,000 Aggregate
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The Monroe County Board of County Commissioners shall be named as Additional insured on all
policies issued to satisfy the above requirements.
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- 55 - Packet Pg. 2716
RFP for Transportation Planning Services K.1.c
a
Minority Owned Business Declaration
a sub-contractor engaged by Monroe County during the completion c
of work associated with the below indicated project 2
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(Check one)
is a minority business enterprise, as defined in Section 288.703, Florida Statutes
or
is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. t0
F.S. 288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see
0
below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least
5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or 0
gender makeup or national origin,which has been subjected historically to disparate treatment due to identification
0
in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and
whose management and daily operations are controlled by such persons.A minority business enterprise may >
primarily involve the practice of a profession.Ownership by a minority person does not include ownership which is L_
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the result of a transfer from a nonminority person to a minority person within a related immediate family group if CL
the combined total net asset value of all members of such family group exceeds$1 million.For purposes of this <
subsection,the term"related immediate family group"means one or more children under 16 years of age and a 0
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parent of such children or the spouse of such parent residing in the same house or living unit.
F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or
fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5
million or any firm based in this state which has a Small Business Administration 8(a)certification.As applicable to
sole proprietorships,the$5 million net worth requirement shall include both personal and business investments.
Contractor may refer to F.S. 288.703 for more information. 0
Contractor
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Date:
Signature
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Print Name:
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Title: W
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City/State/Zip
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For Monroe County Verification:
Title/OMB Department:
Verified via: https://osd.dms.myflorida.com/directories
- 56- Packet Pg. 2717
RFP for Transportation Planning Services K.1.c
APPENDIX A, 44 C.F.R. PART 18 - CERTIFICATION REGARDING
LOBBYING
(To be submitted with each bid or offer exceeding $100,000)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that: 6
1. No Federal appropriated fiends have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or 0
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering 0
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any fiends other than Federal appropriated fiends have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee 0
of a Member of Congress in connection with this Federal contract, grant, loan, or 2
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL
"Disclosure Form to Report Lobbying," in accordance with its instructions.
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3. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all
0.
subrecipients shall certify and disclose accordingly. This certification is a material
representation of fact upon which reliance was placed when this transaction was made or U)
entered into. Submission of this certification is a prerequisite for making or entering into 0
this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file 2.1
the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
The Contractor, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition,
the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38,
Administrative Remedies for False Claims and Statements, apply to this certification and 0
disclosure, if any. U)
Signature of Contractor's Authorized Official "0
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Name and Title of Contractor's Authorized Official Date
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- 57- Packet Pg. 2718
RFP for Transportation Planning Services K.1.c
DISC',"LOSU,RE Of LOBBYING ACMFITTE,S
1Z'C)MK_7,77,7:-J7Z A f TO DISCLOSE Y2;G =.r,10BB .kc,rv. Fur uu�u u U. TO 3 1 ,50';. I 1 52
FC)F,
L, Trpe,of Fedlex-d Acfiom~ 2 Statusof Fedlex-d _ m�Actio 1, �Rlepo�rt. TN,-pe,:
1
a coillyact =a.bA'off er'apphca6?om =a inihal.
b graill b cmrhimllawazld b uuteha]change,
roopEm"live,agpRMAW po"l-dward
d %Iom For XfAeriall Cluage.Only:
e. Loan p1mantee yam_ quarter S
f i oan invum.:e date of Imit laparr
4. No mj?.and Address afRAporting Emfity Sa If" orling Entity in No.4 is,Smbawardee,
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Eatex Naine and Xddress of Prim: a
E-1 Ptmaa F-Tubamudeia .2
T:iEr ff known,
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6. FL-djual,Depart memg;.Ageucy: 7� FMJ2EA1 PHI,�TSM.NAM&�DeS'11#430a:
C,TDA.Nambey,ffapplcabLe 0
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0. FL-djual,Acti)mm Number,ff knvwu: 9a Award Ammund.,ff hmowm:
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11 ai. Naine and Xd&esz of Lobby F EafiOy b. In1dhi&,m1sp@rfbrmjmg semiles (ind)m1ing z
(If injividada2,IRE'l Maine,first name,,ml;� addzeis ff1ffereu from.No. I On) 0
CA, u- Mania,first mule" m 1�
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(atuch Cocimuzifion Sheet.(.,i4 if neces-izn,°l U)
11. Ammumtof'Piymient(cb*c k,a1l thai applly), 13.
F-1 PIKKned F-1 a reminer
E:] b. ane-timefee
12. Fam of Paymemi(chink 01 ffixt aWy): C. Coumaisrjou S
F-1
9=a ":a sh, d. contiugent Le 9=
b in, iiLd &,yecify:� namire e deharm CL
win �a f, othau,specift 9=
14. B�rief"Descriptinmi of'Sertices Performed or to b*perfdrmjed and Date(s)of Se le, inclmdJug
offige*)",empj,G1*S)",mr membey(s)coatacted,for P&Tmat hldicad*d in Item 11:
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15 Cambauadma Sheei(*attached:: Yes El No El 0
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W1711 mad;w anigmd.intio, Thiis,4hudanuv is rsq=". CN
Pri"n't Name,:� Q
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mpcegd to Ccmgsfza%Gmim=umH.-v .will by rmilablg,f6�r
Amy pw,=w ftaa re Ek tkai;:Kmpz�;d.
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S UD000 mad M&.mczl&th2m, 11010,1000 fhrzasl 7=1 fiFnug. 'Teliephone 140.
A�xlhohzed for LocK FyprDhxLfim
FfAer-d Us*Only: Slandmd F7urm.-
2-6c IPAIR7 11COUIN7Y
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
- 58- Packet Pg. 2719
RFP for Transportation Planning Services K.1.c
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient, at the initiation or receipt of
covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such
payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a
Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action.
Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial
filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional
information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a
covered Federal action. 0-
2. Identify the status of the covered Federal action. C
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3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this 0
t.
reporting entity for this covered Federal action. U)
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the
appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the
a.+
subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract
awards under grants.
0
5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code of the U
prime Federal recipient. Include Congressional District,if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency 0
name,if known. For example,Department of Transportation,United States Coast Guard.
CIS
7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal 0
Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for
Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the
application/proposal control number assigned by the Federal agency). Include prefixes,e.g., 'RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of 0
the award/loan commitments for the prime entity identified in item 4 or 5. .2
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10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to LO
influenced the covered Federal action.
(b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,
First Name and Middle Initial(MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 0
10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change
report,enter the cumulative amount of payment made or planned to be made.
0
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12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and t)
value of the in-kind payment.
13. Check the appropriate box. Check all boxes that apply. If other,specify nature. 0
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14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the W
Federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s) of Congress that were contacted. CN
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15. Check whether or not a continuation sheet(s)is attached.
16. The certifying official shall sign and date the form,print his/her name title and telephone number.
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Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project
(0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04-
90aENDIF»
2-6d PART 2/COUNTY
- 59- Packet Pg. 2720
RFP for Transportation Planning Services K.1.c
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EXHIBIT A — LEVEL OF SERVICE TASK FORCE METHODOLOGY
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- 60- Packet Pg. 2721
K.1.c
R.E.De Arazoza
D.S.MaCleod
Exhibit A
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A METHODOLOGY TO ASSESS LEVEL-OF-SERVICE
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ON US-1 IN THE FLORIDA KEYS
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By U
Rafael E. De Arazoza
Florida Department of Transportation
District 6 c
602 South Miami Avenue
Miami, Florida 33130 0
(305) 377-5910
0
And
Douglas S. McLeod
Florida Department of Transportation
Mail Station 19
605 Suwannee Street
Tallahassee, Florida 32399-0450 (904) 922-0449
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For Presentation at the
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Transportation Research Board Annual Meeting 0
January 1993
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UPDATE January 2021
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Updated by AECOM Technical Services, Inc. Q
Based on input from the 2020/2021 US-1 LOS Task Force
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Page 1 of 11
Packet Pg. 2722
K.1.c
R.E.De Arazoza
D.S.Macleod
ABSTRACT
This paper presents the methodology developed to assess level-of-service (LOS) on US-1
in the Florida Keys. Although predominantly an uninterrupted flow two-lane roadway in the
Keys, US-1's uniqueness warrants all alternative LOS evaluation process to that found
in the 1985 Highway Capacity Manual.
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U.S.-1 extends from the Key West to the Florida mainland with no major roads
0.
intersecting it. Furthermore, no other principal arterial serves the Keys or the Keys' resident
and tourist population, over 100,000. Its unique geography, land use patterns, trip making
characteristics presented a challenge in developing and applying a reasonable and acceptable
method to assess its LOS.
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A uniform method was developed to assess LOS on U.S.-1 to cover both its overall arterial
0
length from Key West to the Florida mainland, and 24 roadway segments delineated. The
methodology employs average travel speed as the main measure of effectiveness. It was
76
developed from basic criteria and principles contained in Chapters 7 (Rural Multilane
0
Highways), 8 (Rural Two-Lane Highways) and 11 (Urban and Suburban Arterials) of the 1985
Highway Capacity Manual.
2
The results of the study correlate well with perceived operating conditions on US-1 and over a
two- year period the methodology appears to have a good level of reliability. The authors
recommend that for uninterrupted flow conditions in developed areas, Chapters 7 and 8
of the Highway Capacity Manual incorporates average travel speed as the main measure of
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effectiveness to determine LOS.
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Page 2 of 11
Packet Pg. 2723
K.1.c
R.E.De Arazoza
D.S.Macleod
A METHOD TO ASSESS LEVEL-OF-SERVICE
ON US-1 IN THE FLORIDA KEYS
INTRODUCTION
The purpose of this paper is to present the methodology developed by the Monroe County US-
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1 level- of-service (LOS) Task Force to assess LOS on US-1 (the Overseas Highway) in the
Florida Keys (1). The authors are members of the referenced task force. 0
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US-1 which is mostly two-lanes, has unique geographic and trip characteristics. It extends
through the Florida Keys covering approximately 180 kilometers (112 miles) from the City of
Key West to the Florida mainland (Figure 1). There are 48 bridges crossing water for a total
length of 35 km (22 mi), with the longest bridge approximately 11 km (7 mi) long. There is no
other road, to provide vehicular access to the Florida Keys from the rest of Florida or
0
anywhere else. Few local roads are 5 km (3 mi) in length. Consequently, US-1 serves not only
as a regional principal arterial which serves intra as well as interstate travel, but also serves
76
as the local road for most of the trips within the Keys. US-1 Annual average daily traffic
0
(AADT) volumes range from a low of 4700 to a high of 34200. The road serves a large tourist
demand and is one of the most scenic in the United States. The linear geography with the
narrow land width of most of the Florida Keys are further characteristics.
Most of the surrounding land use is rural developed and suburban in nature; however, some
areas are totally rural and others are urban, such as the Key West and its suburbs. With the
exception of the few completely rural segments and the bridges, strip commercial stores,
c
motels and restaurants are very common throughout the Keys along US-1. Numerous
driveways and intersecting local roads provide access to the surrounding residential areas.
0.
U)
The US-1 LOS study encompassed approximately 174 km (108 mi)of US-1 from Key
0
West/Stock Island to the Monroe/Dade County Line, broken down as follows: CY
N
0 129 km (80 mi) (74%) two-lane uninterrupted flow; Q
N
0 32 km (20 mi) (19 %) four-lane uninterrupted flow; and
0 13 km (8 mi) (7%) four-lane urban/suburban interrupted flow.
c�
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Part of the growth management process in Florida is to assess roadway LOS to determine if
roadway facilities meet standards established by state regulations. The Transportation
Research Board Special Report 209 Highway Capacity Manual (HCM) (2) is extensively used
throughout Florida as the source document to determine highway capacities and LOS.
HCM Chapter 7 (Rural Multilane Highways), 8 (Rural Two-Lane Highways) and 11 (Urban and
Suburban Arterials) were consulted to determine applicability to the unique conditions and
L_
0
vehicular traffic operations and characteristics of the Florida Keys. Only the 13 km (8 0.
U)
mi) of urban/suburban interrupted flow and the small percentage of the two-lane truly rural
portions correlate directly to the HCM Chapters 11 and 8.
c�
Thus, the challenge was to develop a methodology to assess arterial LOS along US-1 without U
deviating from the principles of the HCM. Towards that end a task force was created
consisting of representatives from State and local agencies and an engineering consulting
firm.
0
76
0
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0
2
c
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CY
N
N
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Page 4 of 11
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THE NEED TO DEVELOP A LOS MEASUREMENT METHOD
From a state transportation perspective, the overall operating condition of US-1 is important,
not the condition of any smaller segment. With Key West as a major tourist destination at the
southern end of the Keys and no alternative routes, the logical analysis section of highway
extends from Key West to the mainland. From local transportation and development approval c
perspectives,shorter segments for analysis are desirable.
0.
U)
Chapter 8 of the HCM presents a methodology which applies to typical rural two-lane highways
with basically long stretches of roads, and few side intersecting streets and driveways directly
connecting to the roads. Chapter 8 methodology relies mainly on "percent time delay" to
U
assess LOS. The HCM further states that "Percent time delay...is defined as the average
percent of time that all vehicles are delayed while traveling in platoons due to inability to pass.
0
Percent time delay is difficult to measure directly in the field. The percent of vehicles traveling
at headways less than 5 seconds can be used as a surrogate measure in field studies."
76
0
Chapter 8 of the HCM also uses average travel speed and capacity utilization as additional 0.
measures of effectiveness to assess LOS. However, the HCM states clearly that percent time U)
delay is the primary measure of service quality. Further inspection of the average speeds
for level terrain depicted by Table 8-1 of the HCM do not correspond well with the typical
operating speeds of US-1 in the Florida Keys. For instance, Table 8-1 shows average speeds
ranging from 58 mph (93 kmh) (LOS A) to 45 mph (72 kmh) (LOS D).
c
The overall weighted posted speed limit for US-1 in the Florida Keys is 79.7 kmh (49.5 mph).
The overall median operating speeds along US-1 according to the 1991 and 1992 field studies
U)
(3, 4) were 76.8 and 75.5 kmh (47.7 and 46.9 mph), respectively. The field studies showed, for
the most part, the survey vehicle(s) was traveling close to the posted speed limit.
0
CY
It is believed the average motorist in the Florida Keys is mostly concerned with operating
N
at an acceptable average travel speed rather than being concerned about the ability to Q
pass. This is supported by the physical and traffic characteristics of the Keys (e.g.,
adjacent land development, sight-seeing tourists), local knowledge, and discussions with E
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motorists.
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From the above statements, it was clear to the task team that HCM Chapter 8 methodology
could not be applied to US-1 for analysis of its two-lane sections.
With regards to the four-lane uninterrupted flow portions of US-1, a similar dilemma occurred.
HCM Chapter 7 methodology applies to multi-lane highways with operating characteristics
generally unlike those of US-1 through the Florida Keys. For instance, average travel speeds
depicted by Table 7-1 of the HCM are also higher than those encountered in the Keys. Further,
the methodology inherent in equations (7-1), (7-2) and (7-3)are closely related to those of
L_
freeways with their higher service flow rates,which again neither simulate nor resemble those 0.
of US-1 in the Keys. The Four-lane portion is found mostly in Key Largo(the northeastern end
of the Keys) which has a weighted posted speed limit of 72.5 kmh (45 mph). Key largo is
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developed with strip commercial and residential development. It has numerous driveway
connections and side streets directly accessing US-1. t0
The remaining 7% of the total US-1 mileage is four-lane interrupted flow. These are the
portions encompassing Marathon(in the middle of the Keys)and Stock Island(near Key West).
0
The operating characteristics here are truly urban/suburban and interrupted flow in nature 76
resembling those of HCM Chapter 11. Thus, the methodology of Chapter 11 was employed in
assessing LOS on these segments.
U)
0
2
From the preceding discussion, it was evident that a distinct method to assess LOS on US-1
had to be developed. The task team's efforts concentrated on keeping consistency with the
basic philosophy of the HCM,and yet be sensitive to the Keys uniqueness. Thus,the proposed
methodology correlates measured travel speeds along US-1 with LOS speed thresholds
developed as part of this study. This is in line with the concept behind the HCM of average
travel speed being the main parameter to measure arterial LOS.
0
0.
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0
N
N
N
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R.E.De Arazoza
D.S.Macleod
METHODOLOGY
Considering the types of trips served by US-1, it was decided to conduct travel time and delay
runs to cover both the entire length of US-1 from Key West to the Monroe/Dade County Line
(mainland) and for each segment of the highway along the way. Twenty-four segments were
selected as depicted by Table 1. Each segment is fairly homogeneous in nature having a
uniform roadway cross section and traffic flow.
0
0.
U)
Travel speeds for the overall length (from Key West to the mainland) provide an indication of
the LOS for the regional trips. Travel speeds for each segment also provides an opportunity
c�
to assess the impact of local trips. Establishing speed criteria for both the overall length
and for each roadway segment satisfies the requirements of the Florida growth management U
process.
0
The next step in the process was to determine the number of travel time runs and how,when c
0
and to/from where. Runs were started at both ends of US-1. For example, one run started on
Stock Island (Key West City limits) and proceeded to the mainland (Dade County). After
reaching this point, the vehicle turned back and proceeded to end the run where it started, on
Stock Island. On another day the reverse was true(i.e., the run started in Dade County instead
2
of Stock Island). It was decided to perform a total of fourteen two-way runs or twenty-eight in
each direction covering the 174 km (108 mi)study portion of US-1. Twenty-eight runs provide
enough data for statistical significance. Control points were established at each of the 24
segments to record travel time and speed data specific to each one of those segments. Seven
runs were started at Stock Island and seven in Dade County. Each began at staggered hours
to cover the varied trip purposes and time frames within the Keys. The surveys were conducted
0
during March, reflecting the area's peak traffic season. 0
The 2021 travel time runs shall be conducted based on the current schedule. In addition,
supplemental runs shall be conducted in the southbound direction within Segments 1 to 4 CY
during AM peak (7-8 am) on Wednesday, Thursday and Friday of the second week. Also, N
conduct supplemental runs in the northbound direction within Segments 1 to 4 during the PM N
Peak (5-6pm) on Wednesday, Thursday, and Friday of the second week. The results of the
supplemental runs will be included in the 2021 ATTDS Report for informational purposes only
and will not be used in overall or segment LOS calculations. This information will be reviewed
to decide if supplemental runs should be incorporated into future ATTDS and LOS
calculations, as directed by the Monroe County BOCC.
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For each run the process provided data(see Exhibit 1, Data Collection Methodology), such as
running speed and travel speed, in each direction of US-1. Vehicular traffic counts were also
collected at three locations covering seven days.
The travel time runs yielded a total of 28 one-way travel speed values for the overall length of
US-1 and for each of the 24 segments. The value selected for analysis was the median speed
L_
0
which would reflect a "typical peak period during the peak season." In other developed parts 0
of Florida the typical peak hour of the peak season approximates the 100th highest hour of
the year(5). The median value was also selected, instead of the average,to avoid the influence
c�
of extremely high or low speed value at either end of the survey population. The process up
to this point provided median travel speeds. The question then became, what LOS do these U
speeds represent.
0
The next step was to develop a set of LOS/Speed threshold values for both the overall length c
0
of US-1 and the pertinent segments of the highway. Towards this end, the speed ratios 76
between LOS thresholds from Tables 7-1, 8-1 and 11-1 of the HCM were used in the analysis.
These ratios were weighted against actual mileage of US-1 in the Florida Keys to represent
the prevailing type of flow; two-lane uninterrupted flow, four-lane uninterrupted flow and four-
2
lane interrupted flow. For example, from the level terrain portion of HCM Table 8-1, the ratio
between LOS B speed and LOS A speed is 55/58 = 0.948. The ratio between LOS C/LOS A=
52/58 = 0.897; the ratio between LOS D/LOS A= 50/58 = 0.862 and so on. The same process
was applied to Tables 7-1 (96.6 kmh) (60 mph) and 11-1. Then each ratio was weighted to take
into account the length of the section of US-1 to which that type of traffic flow applied. Once
all the ratios were developed, the weight criteria was applied as in the following example:
0
0.
U)
TYPE OF FLOW LOS C/LOS A RATIO WEIGHT
0
Two-lane uninterrupted 52/58 = 0.897 74
Four-lane uninterrupted 44/50 = 0.880 19
CN
Four-lane interrupted 22/35 = 0.629 07 C'
cN
Therefore, the overall speed ratio between LOS C and LOS A is:
c�
[74(0.897)+19(0.880)+7(0.629)]+100=0.875
Page 8 of 11
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R.E.De Arazoza
D.S.Macleod
The above process was applied to develop all the required ratios. Further observations with
reference to Tables 8-1, 7-1 and 11-1 yielded the following. From Table 8-1 the difference
between LOS A and LOS B speeds is 4.8 kmh (3 mph), or 4.8 kmh (3 mph) above an assumed
posted speed limit of 88 kmh (55 mph). From Tables 7-1 and 11-1 the differences are 3.2 kmh
and 11.3 kmh (2 mph and 7 mph), respectively, with LOS lower than assumed speed limits.
Therefore, from these observations plus local knowledge, it was determined that the overall
US-1 posted speed limit is 79.7 kmh (49.5 mph) reasonably fell between the LOS A and B
L-
thresholds. 0.
U)
This assumption is not far away from the premise that if a vehicle is able to sustain a travel ,
c�
speed equal to the posted speed limit, then it will correspond typically with the upper ranges
of LOS (i.e., LOS A or B). 0
With the above speed differentials and LOS range premise in mind, the US-1 overall speed
thresholds for LOS A and B became 82.1 kmh (51 mph) (2.4 kmh (1.5 mph) above 79.7 kmh
0
(49.5) and 77.3 kmh (48 mph), respectively. Applying the developed ratio between LOS
C/LOS A to the LOS A speed resulted in 72.5 kmh (45 mph), rounded off (i.e., 0.875 x 82.1
kmh (51 mph) = 71.8 kmh (44.6 mph)), which then became the threshold for LOS C. After
applying all the ratios the overall LOS criteria for US-1 became:
2
LOS Speed
A >_ 82 kmh (51 mph)
B >_ 77 kmh (48 mph)
C >_ 72 kmh (45 mph) c
D >_ 68 kmh (42 mph)
E >_ 58 kmh (36 mph)
F < 58 kmh (36 mph)
c
Inspection of the criteria above indicates a close relationship with the speed differentials
of both Tables 8-1 and 7-1 of the HCM. Comparing the median speed data for US-1 from the N
1991 and 1992 field studies to the above criteria resulted in an overall LOS of C for both years,
i.e., 76.8 kmh (47.7 mph)for 1991 and 75.5 kmh (46.9 mph)for 1992. These speeds are 2.9 kmh
(1.8 mph)and 4.2 kmh (2.6 mph) below the overall weighted 79.7 kmh (49.5 mph) speed limit,
which would correspond to the upper range of LOS C. The authors also believe that LOS C
is the appropriate LOS designation for the whole of US-1 from Key West to the mainland.
Page 9 of 11
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D.S.Macleod
A final step was still needed to complete the task of developing LOS/Speed threshold values
for the segments of US-1. No further work was needed to cover the 7% mileage of the
interrupted portions of US-1 found on Marathon and Stock Island, adjacent to Key West.
As discussed earlier, these segments correlate with Chapter 11 of the HCM. Therefore,direct
application of Table 11-1 LOS/speed criteria for a Class I arterial was made. c
0
0.
The remaining segments fell within the two-lane and four lane uninterrupted flow criteria.
It was decided to make LOS A speed criterion 2.4 kmh (1.5 mph) above the weighted posted
speed limit in order to keep consistency with the overall criteria. LOS C speed was set 9.7
kmh (6 mph) below LOS A speed consistent with Tables 7-1 and 8-1 of the HCM. LOS B and D
0
speed criteria were set to provide equal increments between LOS A and LOS D(i.e., LOS B 4.8 U
kmh (3 mph) below LOS A speed and LOS D 4.8 kmh (3 mph) below LOS C speed). LOS E was I
0
set 9.7 kmh (6 mph) below the LOS D Speed. This makes the segmental speed differential
between LOS thresholds consistent with the differentials in the overall criteria, except for c
one consideration. On any uninterrupted flow segment, signalized intersection delay would
0
be deducted from the segment's travel time to account for the influence of the traffic signals
(i.e., signal delay = 1.0 x 35 seconds average stopped delay). This corresponds to an LOS C
delay due to isolated signals. LOS C delay was chosen because LOS C is the state LOS
standard for US-1 in the Florida Keys. The rationale behind deducting signal delay from the
segment analysis was to recognize the impact of signals in reducing travel time. This provides
the required sensitivity in the segment which is not only to assess the impact of regional
vehicular trips, but also those that are local in nature. The following illustrates the concept
plus one example for the US-1 Segmental LOS/speed relationship. c
0
o The uninterrupted flow segment criteria are: 0
LOS SPEED 0
A >_ 2.4 kmh (1.5 mph) above the posted speed limit CY
B >_ 4.8 kmh (3.0 mph) below LOS A CN
C >_ 9.7 kmh (6.0 mph) below LOS A cN
D >_ 14.5 kmh (9.0 mph) below LOS A
E >_ 24 kmh (15.0 mph) below LOS A E
F <24 kmh (15.0 mph) below LOS A
o A segment having a weighted posted speed limit of 72 kmh (45 mph) would then have
this criteria:
Page 10 of 11
Packet Pg. 2731
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R.E.De Arazoza
D.S.Macleod
LOS SPEED
A >_ 74.9 kmh (46.5 mph)
B >_ 70.0 kmh (43.5 mph) E
C >_ 65.2 kmh (40.5 mph)
D >_ 60.4 kmh (37.5 mph)
c
E >_ 50.7 kmh (31.5 mph)
2
F < 50.7 kmh (31.5 mph) 0
0.
U)
o The LOS/Speed criteria for interrupted flow segments (marathon and Stock
Island) are based directly on a Class I arterial from Table 11-1 of the HCM.
0
U
LOS SPEED
A >_ 56.4 kmh (35 mph)
B >_ 45.1 kmh (28 mph)
C >_ 35.4 kmh (22 mph) 0
D >_ 27.4 kmh (17 mph)
E >_ 20.9 kmh (13 mph)
CL
CL
F <20.9 kmh (13 mph)
U)
2
Speed data from both the overall length of US-1 and the individual segments were compared
against the applicable LOS/speed thresholds. This provided for an assessment of the facility
LOS plus an indication of reserve speed, if any.
c
Under Florida's and Monroe County's growth management process if the overall LOS for
0
US-1 fell below the LOS C standard, then no additional land development would be allowed 0
a
to proceed in the Florida Keys. Unless the proposed new development traffic impact were
mitigated. If the overall LOS for US-1 was C or better, then additional development could take 0
place in those segments where there was reserve speed available (i.e., segment's speed was CY
higher than the standard threshold). N
N
N
Besides meeting highway LOS standards there are numerous other considerations in Florida's
growth management process pertaining to the Florida Keys that are beyond the scope of
this paper. As mentioned in the introduction, the purpose of this study was to present the
methodology to assess LOS on US-1.
Page 11 of 11
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Exhibit 1
DATA COLLECTION METHODOLOGY
(Previously Approved by Task Force)
Calibration the DMI
Prior to beginning the study, the DMI was calibrated over a half-mile course. The
calibration procedure set-up by the DMI manufacturer established a calibration factor 0
of 0.682 for the test vehicle, which resulted in measurements within 3 feet of the 5,280-
foot distance (0.057%). At this level of accuracy, the DMI would measure the 108 mile
distance of US 1 between Stock Island and the Dade County line to within 325 feet, or U)
to within 0.03 mile per hour(mph) of the 45 mph standard for LOS C.
Floating Car Method and Passingcore
The study employed the floating car method, whereby under ideal conditions the test
vehicle passes and is passed by an equal number of vehicles (i.e. "goes with the flow"). U
A passing score was recorded for each segment to document the extent to which this
objective was accomplished. Positive scores indicate the number of excess vehicles
the test car passed; negative scores indicate the number of excess vehicles that passed
the test car; and zero indicates an even balance. The overall passing score consists of
the sum of the segment scores. 0
The passing score provided an objective measure of the traffic flow, allowing the driver
to adjust the test car speed accordingly. In the event that the traffic flow was higher
than the posted speed limit, as was frequently the case in the Dade County and Boca <
Chica segments, the test car also traveled above the speed limit.Vehicles turning on or U)
off US 1 were omitted from the passing score. 0
Employing the floating car method in two-lane segments was fairly straightforward,
where the observers frequently encountered platoons of sufficient size to discourage
or prohibit passing. When positioned at the rear or in the middle of a platoon, the E
observers simply traveled with the pack.When positioned as the lead car,the observers
avoided delaying the platoon yet kept the platoon within sight.
c
On two-lane segments the observers occasionally encountered stopped vehicles
waiting to turn left, raising the question of whether the test vehicle should leave the 0
lane or paved road surface and pass to the right of the stopped vehicle. When the U)
vehicles ahead of the observers passed to the right of the stopped vehicle, then the
observers did also. However, when the test car was the lead car in the platoon, the
observers only passed on the right if they could do so without leaving the paved
roadway. CY
Within four-lane segments with light congestion, the observers often encountered N
traffic traveling in the right lane at or below the posted speed limit,while there was little Q
or no traffic in the left lane. Rather than "floating" below the speed limit in the right lane
or traveling at the maximum possible speed in the left lane, the observers traveled at
the posted speed limit, which resulted in passing score as high as +10. Thus, in these
cases,a passing score of zero is undesirable,since the corresponding speed would fail
to reflect the availability of the vacant passing lane.
Within four-lane segments with moderate or heavy congestion, the observers often
encountered separate platoons in the right and left lanes, with the left lane typically
Page 1 of 2
Packet Pg. 2733
K.1.c
Exhibit 1
moving at a faster speed. Rather than continuously changing lanes to achieve a
passing score of zero,the test car"floated" in the faster of the two platoons,which also
yielded high passing scores.
Platoon Size
,E
To provide a measure of roadway congestion within each segment, the average number
of vehicles traveling in the test car's platoon was recorded, including the test car itself.
Within four-lane segments, this number represents the average number of vehicles that c
traveled in the test car's platoon within the test car's lane.
0
CL
ea o a
In accordance with the FDOT Manual on Uniform Traffic Studies, the observers began ,
recording delay when the test car's speed fell to 5 mph and terminated the delay event
when the test car's speed rose to 15 mph. Each delay entry was identified, in the DMI
memory by a sequential code number. The observers recorded the type and location 0
of the delay on a field data sheet. c)
When computing both segments and overall travel times, delays due to typical events
such as turning movements, traffic signals, and certain types of congestion were
included. Unusual or non-recurring delays, such as construction, accidents, school
bus, and emergency vehicles were excluded. Delays due to drawbridge openings c
76
should be deducted from the segment travel times (all affected segments) and the
overall travel times, to account for the influence of the drawbridge openings.A delay of
CL
6 minutes should be deducted from those travel time runs that were impacted by bridge CL
openings. However, regardless of how a particular type of delay was treated in the <
analysis, all delays of all types were identified and recorded on the field data sheets.
2
Occasionally an external event slowed traffic speeds, but not enough to meet the 5 mph
criteria for a formal delay. Highway construction and maintenance activities were the
most common example of this borderline situation. The decision of whether to record
these events was made on a case-by-case basis in the field. As long as the observers
were traveling at speeds within 5 to 10 mph of the posted speed limit and the event
occurred over a distance of about a mile or less, the event was not recorded. However,
if the activity caused speeds slower than this or when the observers witnessed active c
interference, such as bulldozers or flagman blocking the traffic,the event was recorded
and later excluded from the analysis.
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Page 2 of 2
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