Item I8
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
January 19. 2005
Division:
"
Growth Management
Bulk Item: Yes X No_
Department:Planning and Environmental Resources
AGENDA ITEM WORDING: Approval of a professional services contract with URS
Corporation Southern for transportation planning/engineering services.
ITEM BACKGROUND: Funding for this contract is provided by the Florida Department of
Transportation (FDOT). Monroe County annually receives funding from FDOT to conduct the
annual US-l Arterial Travel Time and Delay Study for Monroe County. Additional services to
be performed by the consultant include special transportation planning and engineering studies as
well as site plan reviews. This contract was delayed while staff worked with FDOT to secure
additional funding for the contract.
PREVIOUSLY RELEVANT BOCC ACTION:
March 17, 2004-Approval to issue a Request for Statement of Qualifications (RSQ) to provide
transportation planning/engineering services.
July 14, 2004-Approved URS Corporation Southern as the top ranked firm and directed staff to
negotiate a professional services contract.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval.
TOTAL COST:
$185.000
BUDGETED: Yes
No
COST TO COUNTY: $0
SOURCE OF FUNDS: FDOT Contract AI-893.
REVENUE PRODUCING: Yes
No--X- AMOUNT PER MONTH N/A Year
Risk Management ~
APPROVED BY: County Atty X
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included
To Follow X
Not Required
DISPOSITION:
AGENDA ITEM # I '6
AGENDA ITEM WITH LATE DOCUMENTATION
DIVISION:
DEPARTMENT:
GROWTH MANAGEMENT
PLANNING & ENV. RES.
SUBJECT: _Approval of a contract with URS for
transportation planning /engineering services.
DATE ITEM WILL BE AVAILABLE:
1/12/05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
January 19.2005
Division:
Growth Management
Bulk Item: Yes X
No_
DepartmentPlanning and Environmental Resources
AGENDA ITEM WORDING: Approval of a professional services contract with URS
Corporation Southern for transportation planning/engineering services.
ITEM BACKGROUND: Funding for this contract is provided by the Florida Department of
Transportation (FDOT). Monroe County annually receives funding from FDOT to conduct the
annual US-1 Arterial Travel Time and Delay Study for Monroe County. Additional services to
be performed by the consultant include special transportation planning and engineering studies as
well as site plan reviews. This contract was delayed while staff worked with FDOT to secure
additional funding for the contract.
PREVIOUSLY RELEVANT BOCC ACTION:
March 17, 2004-Approval to issue a Request for Statement of Qualifications (RSQ) to provide
transportation planning/engineering services.
July 14, 2004-Approved URS Corporation Southern as the top ranked firm and directed staff to
negotiate a professional services contract.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval.
TOTAL COST:
$185.000
BUDGETED: Yes
No
COST TO COUNTY: $0
SOURCE OF FUNDS: FDOT Contract AI-893.
REVENUE PRODUCING: Yes
No-L AMOUNTPERMONTH N/A Year
Risk Management ~
APPROVED BY: County Atty X
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow
Not Required
~r ~cl
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: URS Corporation Southern Contract #
Effective Date:
Expiration Date:
Contract Purpose/Descripti on:
This professional servIces contract will retain the servIces of URS Corporation Southern to
provide transportation planning/engineering services for Monroe County.
Contract Manager: K. Marlene Conaway 2523 Planning and Environmental
Resources
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on lEJ,a:n.~,l,f)~'aDtlJJ Agenda Deadline: Jan. 4.2005
CONTRACT COSTS
Total Dollar Value of Contract: $ 185,000
Budgeted? Yes[8] No 0 Account Codes:
Grant: $ 185,000
County Match: $ 0
Current Year Portion: $ 185,000
125-50501-53040-GWOI14
- - -
----
- - -
----
Estimated Ongoing Costs: $Q/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Division Director 1-11..,O~
Changes
Needed
YesDN00
YesDNo~'
YesDNo~
Date Out
l-tt~I
Risk Management ,-, -)"05
.~&5
O.M.B./Purchasing
County Attorney V1!kf;;;
Comments:
YesD No~
OMB Form Revised 2/27/01 MCP #2
MONROE COUNTY
CONTRACT FOR PROFESSIONAL SERVICES
PROFESSIONAL TRANSPORTATION PLANNING/ENGINEERING
CONSULTANT SERVICES
THIS CONTRACT is made and entered into this day of ,2005, by
MONROE COUNTY, a political subdivision of the State of Florida, whose address is the
Marathon Government Center, 2798 Overseas Highway, Marathon, Florida 33050,
hereafter the CLIENT, and URS Corporation Southern whose address is 5100 NW 33rd
Ave., Suite 150, Ft. Lauderdale, FL 33309-6375, hereafter CONSULTANT.
Section 1. SCOPE OF SERVICES.
The CONSULTANT shall do; perform and carry out in a profession,?,1 and proper
manner certain duties as described in the Scope of Services - Exhibit "A" - which is
attached hereto and made a part of this agreement.
Section 2. CLIENT'S RESPONSIBILITIES.
2.1 Provide all best available data and base maps as to the CLIENT's requirements
for Work Assignments. Designate in writing a person with authority to act on the
CLIENT's behalf on all matters concerning the Work Assignment.
2.2 Furnish to the CONSULTANT all existing plans, studies, reports, and other
available data pertinent to the work, and obtain or provide additional reports and
data as required by the CONSULTANT. The CONSULTANT shall be entitled to
use and rely upon such information and services provided by the CLIENT or
others in performing the CONSULTANT's services.
2.3 Arrange for access to and make all provisions for the CONSULTANT to enter
upon public and private property as reasonably required, and legally allowed, for
the CONSULTANT to perform services hereunder. Any obstruction to such
access by private property owners shall not constitute a basis for waiver of any
other required entries on to public and private property, nor s,hall it provide a
basis for termination of the contract. In the event that such access is so
obstructed, CONSULTANT and CLIENT shall work together to resolve the
difficulty in a timely manner.
2.4 Perform such other functions as are indicated in Exhibit "A".
Section 3. TIME OF COMPLETION.
The services to be rendered by the CONSULTANT for each individual work order
request shall be commenced upon written notice from the CLIENT and the work shall
be completed in accordance with the schedule mutually agreed to by the CLIENT and
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CONSULTANT, unless it shall be modified in a signed document, by the mutual consent
of the CLIENT and CONSULTANT. Subsequent services shall be performed in
accordance with schedules of performance which shall be mutually agreed to by
CLIENT and CONSULTANT.
Section 4. COMPENSATION.
4.1 The compensation available to the CONSULTANT under this current agreement
is $185,000. The CLIENT agrees to pay the CONSULTANT according to the
percentages of completion of each Task within each Phase as provided in the
Scope of Services based on progress reports and other documentation to show
the hours expended by each of the consultant's staff. Should there be any
reimbursable expense request and should there be any disagreement on these,
any disagreement regarding which items are reimbursable shall be submitted to
the County Clerk for determination and whose decision shall be final.
4.2 This is an on-going contract and may be amended from time to time as approved
mutually by CLIENT and CONSULTANT.
4.3 The hourly billing rates of the CONSULTANT, expected to include virtually all
costs including travel, used in calculating the compensation due are:
Position Rate/Hour (in Dollars)
1/1/05 to 1/1/06 to 1/1/07 to
12/31/05 12/31/06 12/31/07
Proiect Manaoer $151.67 $156.22 $160.91
Principal $175.62 $180.89 $186.32
Senior Transportation Engineer/Planner $144.84 $149.19 $153.66
Transportation Enoineer/Planner $103.77 $106.88 $110.09
Jr. Transportation Enoineer/Planner $72.50 $74.68 $76.92
CADD/Graphic Technician $64.27 $66.20 $68.18
Clerical $39.72 $40.91 $42.14
Section 5. PAYMENT TO CONSULTANT.
5.1 Any request for payment must be in a form satisfactory to the County Clerk
(Clerk). The request must describe in detail the services performed and the
payment amount requested. The CONSUL T ANT must submit to the Client
Project Manager, who reviews the request within 15 days of receipt. Client
Project Manager shall note their approval on the request and forward it to the
Clerk for payment. If a portion of a request for payment is not approved, the
Project Manager must inform the CONSULTANT in writing that must include an
explanation of the deficiency that caused the disapproval of the request. The
undisputed portion will be forwarded to the Clerk for payment.
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determines a deficiency in the request requires disapproval of the request. In
that case, the Clerk shall inform the CONSULTANT of the disapproval in writing
together with an explanation of the deficiency that caused the Clerk to
disapprove the request.
5.3 CONSULTANT shall submit progress reports (to include all activities, results of
meetings, etc.) with all invoices on a monthly or otherwise regular basis until the
work under this agreement is completed.
5.4 If the CLIENT fails to make any payment due to the CONSULTANT for services
and expenses within forty-five (45) days after the invoice dates, the
CONSULTANT may, after giving seven (7) days written notice to the CLIENT,
suspend services until the CONSULTANT has been paid in full all amounts due
for services.
5.3 Continuation of this contract is contingent upon annual appropriation by Monroe
County.
Section 6. CONTRACT TERMINATION.
Either party may terminate this Contract because of the failure of the other party to
perform its obligations under the Contract. If the CLIENT terminates this Contract
because of the CONSULTANT's failure to perform, then the CLIENT must pay the
CONSULTANT the amount due for all work satisfactorily completed as determined by
the CLIENT up to the date of the CONSULTANT's failure to perform but minus any
damages the CLIENT suffered as a result of the CONSULTANT's failure to perform.
The damage amount must be reduced by the amount saved by the CLIENT as a result
of the Contract termination. If the amount owed the CONSULTANT by the CLIENT is
not enough to compensate the CLIENT, then the CONSULTANT is liable for any
additional amount necessary to adequately compensate the CLIENT up to the amount
of the Contract price.
Section 7. AUTHORIZATION OF WORK ASSIGNMENTS.
7.1 All work assignments beyond or in addition to EXHIBIT "A" shall be authorized in
a signed document in accordance with the CLIENT's policy p'rior to any work
being conducted by the CONSULTANT.
7.2 Additional authorizations may contain additional instructions or provisions
specific to the authorized work for the purpose of clarifying certain aspects of this
Agreement pertinent to the work to be undertaken. Such supplemental
instruction or provisions shall not be construed as a modification of this
Agreement. Authorizations shall be dated and serially numbered.
7.3 The CONSULTANT shall not assign, sublet or transfer any rights under or
interest in (including, but without limitations, moneys that may become due or
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moneys that are due) this agreement or subsequent Work Assignment without
the written consent of the CLIENT, except to the' extent that any assignment,
subletting, or transfer is mandated by law or the effect of, this limitation may be
restricted by law. Unless specifically stated to the contrary in any written consent
to any assignment, no assignment will release or discharge the assignor from
any duty or responsibility under this agreement.
Section 8. NOTICES.
All notices, requests and authorizations provided for herein shall be in a signed
document and shall be delivered or mailed to. the addresses as follows:
To the CLIENT:
Monroe County Board of County Commissioners
c/o Monroe County Growth Management Division
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
Attention: Division Director
To the CONSULTANT:
URS Corporation Southern
5100 NW 33rd Ave., Suite 150,
Ft. Lauderdale, FL 33309-6375
or addressed to either party at such other addresses as such party shall hereinafter
furnish to the other party in writing. Each such notice, request, or authorization shall be
deemed to have been duly given when so delivered, or, if mailed, when deposited in the
mails, registered, postage paid.
Section 9. RECORDS.
CONSULTANT shall maintain all books,records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their 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 four years following the termination of this Agreement. If an auditor employed
by the CLIENT or Clerk determines that monies paid to CONSULTANT pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
CONSULTANT shall repay the monies together with interest calculated pursuant to
Sec. 55.03, FS, running from the date the monies were paid to CONSULTANT.
Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND
020-1990.
The CONSULTANT warrants that it has not employed, retained, or otherwise had act
on its behalf any former County officer or employee subject to the prohibition of Section
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2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3
of Ordinance No. 020-1990. For breach or violation of this provision, the County, in its
discretion, may terminate this Contract without liability and may also, in its discretion,
deduct from the Contract 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.
Section 11. CONVICTED VENDOR.
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 perform
work as a CONSULTANT, supplier, subconsultant, or CONSULTANT under 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 the Florida Statutes, for the
Category two for a period of 36 months from the date of being placed on the convicted
vendor list.
Section 12. 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 CLIENT and CONSULTANT agree
that venue will lie in the appropriate court or before the appropriate administrative body
in Monroe County, Florida.
The CLIENT and CONSULTANT 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.
Section 13. SEVERABILITY.
If any term, covenant, condition or proVISion of this Agreement (or the 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 Agreement would prevent
the accomplishment of the original intent of this Agreement. The CLIENT and
CONSULTANT 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.
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Section 14. ATTORNEY'S FEES AND COSTS.
The CLIENT and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any 'party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as
an award against the non-prevailing party, and shall include attorney's fees, courts
costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance
with the Florida Rules of Civil Procedure and usual and customary procedures required
by the circuit court of Monroe County.
Section 15. BINDING EFFECT.
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the CLIENT and CONSULTANT and their respective legal
representatives, successors, and assigns.
Section 16. AUTHORITY.
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS.
The CLIENT and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If no resolution can be agreed upon within 30 days after the first meet
and confer session, the issue or issues shall be discussed at a public meeting of the
Board of County Commissioners. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law.
Section 18. 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, CLIENT
and CONSULTANT agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
CLIENT and CONSULTANT specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
Section 19. NONDISCRIMINATION.
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CLIENT and CONSULTANT 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 occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the
court order. CLIENT or CONSULTANT 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 VI 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 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 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee.3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended
from time to time, relating to nondiscrimination on the basis of disability; 10) Any
other nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
Section 20. COVENANT OF NO INTEREST.
CLIENT and CONSULTANT covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and '
receive benefits as recited in this Agreement.
Section 21. CODE OF ETHICS.
CLIENT agrees that officers and employees of the CLIENT recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
Section 22. NO SOLICITATION/PAYMENT.
The CLIENT and CONSULTANT warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
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working solely for it, to solicit or secure this Agreement and that it has not paid or
'agreed to pay any person, company, corporation, individual, or firm, other than a bona
fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the CONSULTANT agrees that the CLIENT
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.
Section 23. PUBLIC ACCESS.
The CLIENT and CONSULTANT 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
rece.ived by the CLIENT and CONSULTANT in conjunction with this Agreement; and
the CLIENT shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONSULTANT.
Section 24. NON-WAIVER OF IMMUNITY.
Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the participation of the
CLIENT and the CONSULTANT in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any contract entered into by the CLIENT be required to
contain any provision for waiver.
Section 25. 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 CLIENT, 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 such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
Section 26. 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
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or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
Section 27. 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 CLIENT and the
CONSULTANT agree that neither the CLIENT nor the CONSULTANT or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in this
Agreement.
Section 28. ATTESTATIONS.
CONSULTANT agrees to execute such documents as the CLIENT may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
Section 29. 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.
Section 30. 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.
Section 31. 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.
Section 32. INSURANCE POLICIES.
32.1 General Insurance Requirements for Other Contractors and Subcontractors
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As a pre-requisite of the work governed, or the goods supplied under this contract
'(including the pre-staging of personnel and material), the CONSULTANT shall obtain, at
his/her own expense, insurance as specified in any attached schedules, which are
made part of this contract. The CONSULTANT will ensure that the insurance obtained
will extend protection to all Subconsultants engaged by the CONSULTANT. As an
alternative, the CONSULTANT may require all Subconsultants to obtain insurance
consistent with the attached schedules.
The CONSULTANT will not be permitted to commence work governed by this contract
(including pre-staging of personnel and material) until satisfactory evidence of the
required insurance has been furnished to the CLIENT as specified below. Delays in the
commencement of work, resulting from the failure of the CONSULTANT to provide
satisfactory evidence of 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 commenced on the specified date and time, except for the CONSULTANT'S
failure to provide satisfactory evidence.
The CONSULTANT shall maintain the required insurance throughout the entire term of
this contract and any extensions specified in the attached schedules. 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 failure of the CONSULTANT 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 suspended, except for the
CONSULTANT'S failure to maintain the required insurance.
The CONSULTANT shall provide, to the CLIENT, as satisfactory evidence of the
required insurance, either:
· Certificate of Insurance
or
· A Certified copy of the actual insurance policy.
The CLIENT, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract, upon the filing of a valid claim, and the
insurance company's refusal to provide the indicated coverage and defense.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change, or reduction in coverage unless a minimum of thirty (30) days
prior notification is given to the CLIENT by the insurer.
The acceptance and/or approval of the CONSULTANT'S insurance shall not be
construed as relieving the CONSULTANT from any liability or obligation assumed under
this contract or imposed by law. The Monroe County Board of County Commissioners,
1 0 of 16
its employees and officials will be included as "Additional Insured" on all policies, except
for Workers' Compensation, employer's liability and professional liability. "
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.
32.2 INSURANCE REQUIREMENTS.
Prior to the commencement of work governed by this contract, the CONSULTANT shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
· Premises Operations
· Bodily Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the 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.
32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS.
Recognizing that the work governed by this contract requires the use of vehicles, the
CONSULTANT, 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:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
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$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:'
$100,000 per Person
$300,000 per Occurrence
$50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS
Prior to the commencement of work governed by this contract, the CONSULTANT shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statues.
In addition, the CONSULTANT shall obtain Employers' Liability Insurance with limits of
not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 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 Florida.
If the CONSULTANT has been approved by the Florida's Department of Labor, as an
authorized self-insurer, the CLIENT shall recognize and honor the CONSULTANT'S
status. The CONSULTANT may be required to submit a Letter of Authorization issued
by the Department of Labor and a Certificate of Insurance, providing details on the
CONSULTANT'S Excess Insurance Program.
If the CONSULTANT participates in a self-insurance fund, a Certificate of Insurance will
be required. In addition, the CONSULTANT may be required to submit updated
financial statements from the fund upon request from the County.
32.5 ENGINEERS ERRORS AND OMISSIONS LIABILITY INSURANCE
REQUIREMENTS
Recognizing that work governed by this contract could include furnishing of engineering
services, the CONSULTANT shall maintain, throughout the life of the Agreement,
Engineers Errors and Omissions Liability Insurance which will respond to damages
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resulting from any claim arising out of performance of professional services or any error
or omission of CONSULTANT arising out of work governed by this Agteement. The
insurance shall be maintained in force for a period of two years after the date of
Completion of the Services set forth in subparagraph 1 (a). The minimum limits of
liability shall be $1,000,000 per occurrence.
Section 33. INDEMNIFY/HOLD HARMLESS.
The CONSULTANT does hereby consent and agree to indemnify and hold harmless
the County, its Mayor, the Board of County Commissioners, appointed Boards and
Commissions, Officers, and the Employees, and any other agents, individually and
collectively, from all fines, suits, claims, demands, actions, costs, obligations,
reasonable attorneys fees, or liability of any kind arising out of the sole negligent
actions of the CONSULTANT or substantial and unnecessary delay caused by the
willful nonperformance of the CONSULTANT and shall be responsible and answerable
for any and all accidents or injuries to persons or property to the extent arising out of its
negligent performance of this contract. The amount and type of insurance coverage
requirements set forth hereunder shall in no way be construed as limiting the scope of
indemnity set forth in this paragraph. The CLIENT does hereby covenant and agree to
indemnify and save harmless the CONSULTANT from any fines, suits, claims',
demands, actions, costs obligations, attorney fees, or liability of any kind resulting from
a negligent act or omission by the County, it's Mayor, the Board of County
Commissioners, appointed Boards and Commissions, Officers, and the Employees,
and any other agents individually and collectively under the provisions and up to the
limits of liability as stated in Section 768.28 F.S. Further the CONSULTANT agrees to
defend and pay all legal costs attendant to acts attributable to the sole negligent act of
the CONSULTANT.
At all times and for all purposes hereunder, the CONSULTANT is an independent
contractor and not an employee of the Board of County Commissioners. No statement
contained in this agreement shall be construed so as to find the CONSULTANT or any'
of his/her employees, contractors, servants or agents to be employees of the Board of
County Commissioners for Monroe County. As an independent contractor the
CONSULTANT shall provide independent, professional judgment and comply with all
federal, state, and local statutes, ordinances, rules and regulations applicable to the
services to be provided. '
The CONSULTANT shall be responsible for the completeness and accuracy of its work,
plan, supporting data, and other documents prepared or compiled under its obligation
for this project, and shall correct at its expense all significant negligent errors or
omissions therein which may be disclosed to CONSULTANT in writing within one year
of completion of services under a particular work order. The cost of the work necessary
to correct those errors attributable to the CONSULTANT and any damage incurred by
the CLIENT as a result of additional costs caused by such errors shall be chargeable to
the CONSULTANT. This provision shall not apply to any maps, official records,
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contracts, or other data that may be provided by the County or other public or semi-
'public agencies.
The CONSULTANT agrees that no charges or claims for damages shall be made by it
for any delays or hindrances attributable to the CLIENT during the progress of any
portion of the services specified in this contract. Such delays or hindrances, if any,
shall be compensated for by the County by an extension of time for a reasonable period
for the CONSULTANT to complete the work schedule. Such an agreement shall be
made between the parties.
IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed
by its duly authorized representative.
(S EAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
(CORPORATE SEAL)
Attest:
U RS Corporation Southern
By
By
Title
Title
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EXHIBIT "A"
SCOPE OF SERVICES
TRANSPORTATION CONSULTANT SERVICES
MONROE COUNTY, FLORIDA
TASK 1: US 1 ARTERIAL TRAVEL TIME AND DELAY STUDIES
1. PURPOSE
The travel time studies will be used to monitor the level of service on US-1 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 US1 LOS Task Force and approved by the County, the Florida Department of
Transportation, and the Florida Department of Community Affairs.
2. ACTIVITIES
A. Using the floating car method, the County will record travel time, speed and delay
data for:
a) each of the 24 segments of US 1 from Florida City to Stock Island; and
b) the length of US 1 from the Miami-Dade County line to the Cow Key Channel.
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 '
the week twice.
D. The study schedule will be coordinated with seven day, 24 hour traffic counts to be
conducted by FOOT in Islamorada, Marathon, and Big Pine Key.
E. 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.
F. The study results will be summarized in 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.
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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 Growth
Management Division staff for the purpose of maintaining and updating the Long Range
Transportation Plan, to ensure that transportation concurrency requirements are met by
public and private 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
Growth Management Division in the following areas:
a) review of site plans for internal traffic flows and access;
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
other agencies;
i) review of transportation element of reports and plans prepared by County staff in
support of the comprehensive plan amendments;
j) systems planning analysis (includirig running the FSUTMS model or other
transportation planning models deemed as appropriate by Client and Consultant);
k) re-evaluation of the level of service methodology for US-1 ; and
I) special transportation projects to implement the comprehensive plan.
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