09/21/1994 AgreementMONROE COUNTY
TRANSPORTATION PLANNING SERVICES
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into this i S-r- day of - - 19949
by and between the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,
Monroe County, Florida referred to as the "CLIENT", and Barton-Aschman Associates, Inc.,
also identified as "BA', with offices located at 5310 N.W. 33rd Avenue, Fort Lauderdale,
Florida 33309, hereinafter referred to as the "CONSULTANT".
WHEREAS, the CLIENT has determined that it is necessary, expedient, and to the best
interest of the CLIENT to retain a CONSULTANT to render and perform consulting and
other professional services in connection with the providing technical assistance to Monroe
County in the area of transportation planning services. i ►,
WHEREAS, the CLIENT desires to engage the CONSULTANT on a F�Mract bFjis, f6r
work assignments, as per the authorization procedures hereinafter set fi. -"
NOW, THEREFORE, the parties hereto do mutually agree as follows;' - v
SECTION 1. EMPLOYMENT OF THE CONSULTANT
The CLIENT hereby engages the CONSULTANT and the CONSULTANT agrees to
perform services hereinafter described.
SECTION 2. SCOPE OF SERVICES
The CONSULTANT shall do, perform and carry out in a professional and proper manner
certain duties as described in the Basic Scope of Services - Exhibit "A" - which is attached
hereto and made a part of this agreement.
SECTION 3. CLIENT'S RESPONSIBILITIES
The CLIENT shall complete the following in a timely manner so as not to delay the services
of the CONSULTANT:
3.1 Provide all best available 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.
3.2 Furnish to the CONSULTANT all existing plans, studies, reports, and other
available data pertinent to the work described in Exhibit "A", and obtain or
provide additional reports and data as required by the CONSULTANT. The
CONSULTANT shall be entitled to use and rely upon such information and
services provided by the CLIENT or others in performing the
CONSULTANT's services.
3.3 Arrange for access to and make all provisions for the CONSULTANT to
enter upon public and private property as is reasonably required, and legally
allowed, for the CONSULTANT to perform services hereunder. Any
obstruction to such access by private property owners shall not constitute a
basis for waiver of any other required entries on to public and private
property, nor shall it provide a basis for termination of the contract. In the
event that such access is so obstructed, CONSULTANT and CLIENT shall
work together to resolve the difficulty in a timely manner.
3.4 Perform such other functions as are indicated in Exhibit "A" including but not
limited to scheduling all meetings, work sessions, and hearings associated with
the performance of the CONSULTANT's work, including preparation of
minutes and records.
SECTION 4. TIME OF COMPLETION
The services to be rendered for each individual work order request by the Consultant 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 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.
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SECTION S. COMPENSATION
The CLIENT agrees to pay the CONSULTANT on the lump sum basis for each individual
work order request, including all direct expenses (as per Section 112.061 Florida Statutes)
associated herewith. These services shall be reimbursed based on CONSULTANT's hourly
rates with direct expense reimbursement per Section 112.061 Florida Statutes, or as
additional lump sum payments as may be mutually agreed by CLIENT and CONSULTANT.
Any disagreement regarding which items are reimbursable shall be submitted to the County
Clerk for determination and whose decision shall be final.
SECTION 6. PAYMENT TO CONSULTANT
6.1 CONSULTANT shall submit monthly invoices for services rendered on each
individual work order being performed by the CONSULTANT.
The CLIENT shall make payments in response to CONSULTANTS's statements
within forty-five (45) days of the statement date.
6.2 If the CLIENT fails to make any payment due to the CONSULTANT for services
and expenses within forty-five (45) days after the interim statement 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.
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 prior 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.
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SECTION 8. COST CONTROL
8.1 The CLIENT's budgetary requirements and considerations in respect of the Work
Assignments shall be set forth in said Work Assignment.
8.2 Opinions of probable construction cost, financial evaluations, and feasibility studies
prepared by the CONSULTANT under the Work Assignment will be made on the
basis of the CONSULTANT's best judgement as an experienced and qualified
professional. It is recognized, however, that the CONSULTANT does not have
control over the cost of labor, material, equipment, or services furnished by others or
over market conditions or contractor's methods of determining their prices, and that
any utilitarian evaluation of any facility to be constructed or work to be performed
on the basis of the Work Assignment must be of necessity speculative. Accordingly,
the CONSULTANT does not guarantee that proposals, bids, or actual costs will not
vary from opinions, evaluations, or studies submitted by the CONSULTANT to the
CLIENT thereunder.
SECTION 9. NOTICES
All notices, requests and authorizations provided for herein shall be in a signed document
and shall be delivered or mailed to the addresses as follows:
To the CLIENT: Monroe County Planning Department
2798 Overseas Highway
Marathon, Florida 33050
Attention: Steve Ferris
Development Review Coordinator
To the CONSULTANT: Barton-Aschman Associates, Inc.
5310 N.W. 33rd Avenue, Suite 206
Fort Lauderdale, Florida 33309
Attention: John D. Zegeer, P.E.
Principal Associate
or addressed to either party at such other address 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,
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registered, postage paid.
SECTION 10. GENERAL CONSIDERATIONS
10.1 All documents created or prepared by CONSULTANT and which are necessary for
the fulfillment of this agreement, including reproducible copies of original drawings,
estimates, specifications, field notes, and data are and remain in the property of the
CLIENT. In the event the CLIENT uses said documents on any projects not covered
in this contract, it shall indemnify and save harmless CONSULTANT from all
damages, including legal fees and costs, resulting from the reuse of said documents.
10.2 This Agreement may be terminated by either party with or without cause by thirty
(30) days's written notice to the other party. In the event of any termination,
CONSULTANT will be paid for all services rendered and reimbursable expenses
incurred to date of termination. CLIENT will receive all work product performed,
in whatever manner, as of the date of termination.
10.3 The CLIENT and CONSULTANT each is hereby bound and the partners, successors,
executors, administrators, and legal representatives of the CLIENT and
CONSULTANT are hereby bound to the other party of this Agreement and to the
partners, successors, executors, administrators, and legal representative (and said
assigns) of such other party, in respect of all covenants, agreements, and obligations
of this Agreement.
10.4 The CONSULTANT shall not assign, sublet, or transfer any rights under or interest
in (including, but without limitations, moneys that may become due or moneys that
are due) this Agreement or subsequent Work Assignment without the written consent
of the other, 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.
10.5 Nothing under this Agreement shall be construed to give any rights or benefits in this
Agreement to anyone other than the CLIENT and CONSULTANT, and all duties
and responsibilities undertaken pursuant to this Agreement will be for the sole and
exclusive benefit of the CLIENT and CONSULTANT and not for the benefit of any
other party.
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10.6 This Agreement constitutes the entire Agreement between CLIENT and
CONSULTANT and supersedes all prior written or oral understandings. This
Agreement may only be amended, supplemented, modified, or canceled by a written
instrument duly executed by the Monroe County Board of County Commissioners and
the CONSULTANT, provided that the scope of services may be modified by a written
agreement executed by the Director of Growth Management and CONSULTANT,
consistent with Section 7 of this Agreement.
10.7 CONSULTANT warrants that he has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT to
solicit or secure this Agreement and that he has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide employee
working solely for the CONSULTANT any fee, commission, percentage, gift, or any
other consideration contingent upon or resulting from the award or making of this
Agreement.
10.8 In the carrying out of this Agreement, CONSULTANT will not discriminate against
any employee or applicant for employment because of sex, race, creed, color or
national origin. In carrying out this Agreement, CONSULTANT will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment without regard to their sex, race, creed, color, or national origin. Such
action shall include, but not be limited to, the following: Upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeship.
CONSULTANT agrees to post in conspicuous places, available to employees and
applicants for employment, such notices as may be provided by the CLIENT setting
forth the provisions of this non-discrimination clause.
10.9 This Agreement shall be governed by the Laws of the State of Florida.
SECTION 11. INDEMNIFICATION
The CONSULTANT does hereby consent and agree to indemnify and hold harmless the
County, its Mayor, the Board of County Commissioners, appointed Boards and Commissions,
Officers, and the Employees, and any other agents, individually and collectively, from all
fines, suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of any kind
arising out of the sole negligent actions of the CONSULTANT or substantial and
unnecessary delay caused by the willful nonperformance of the CONSULTANT and shall
be solely responsible and answerable for any and all accidents or injuries to persons or
M
property arising out of its performance of this contract. The amount and type of insurance
coverage requirements set forth hereunder shall in no way be construed as limiting the scope
of 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, its Mayor, the Board of County Commissioners, appointed
Boards and Commissions, Officers, and Employees, individually and collectively under the
provisions and up to the limits of liability as stated in section 768.28 F.S. Further 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 errors or omissions therein which
may be disclosed. The cost of the work necessary to correct those errors attributable to the
CONSULTANT 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, 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.
SECTION 12. INSURANCE POLICIES
The CONSULTANT shall procure and maintain a standard General Liability Insurance
Policy and a Professional Liability Insurance Policy in a minimum limit of $1,000,000 in
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coverage on each policy. The County shall be named on the General Liability Insurance
Policy as an additionally named insured and shown on the insurance certificate provided to
the County by the CONSULTANT. The CONSULTANT shall provide the County a
certificate of Professional Liability Insurance coverage. The CONSULTANT shall also
procure and maintain workman's compensation policy and hold the County harmless from
all claims arising thereunder. Nothing herein shall be construed to limit the scope of
indemnity set forth above. The certificates shall provide that if the policies are canceled by
the insurance company or CONSULTANT during the term of the Contract, thirty (30) days
written notice prior to the effective date of such cancellation will be given to the Director
of Management Services.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on the JL1 Sday of S�P,� , 1994.
Signed sealed and delivered in the
WAAY 1 YCIXAGE, Clerk
VA ��"�,j ,
L-3
Jack London, Mayor
Date: 5:,.24eit-bZ I °I g�
B
.Flrrry D. Lun e
President
R1
EXHIBIT "A"
Basic Scope of Services
The scope of services of the planner or engineer selected will include, but may not be
limited to, the following tasks on an "as needed" basis:
TASK 1: TRAFTIC IMPACT REPORTS
a) advise developers of report requirements
b) review and comments on reports submitted by developers
c) prepare and present recommendations to County staff, Planning Commission, and
Board of County Commissioners
d) revise report requirements as needed
TASK 2: TRAVEL TIME AND DELAY STUDIES
a) conduct travel time and delay studies on an annual basis using the County's
established methodology
b) prepare an annual report using the County's established methodology
c) present the report to the Planning Commission and Board of County Commissioners
TASK 3: CONCURRENCY MANAGEMENT
a) prepare the traffic component of the County's annual assessment of public facilities
capacity
b) integrate the findings of the traffic assessment into the County's development review
procedures
c) monitor the availability of roadway capacity as necessary to meet the County's
concurrency management requirements
d) provide technical support to County staff. Planning Commission, and Board of
County Commissioners
TASK 4: IMPACT FEES
a) review proposed expenditures of transportation impact fees for consistency with the
County's requirements
b) provide technical support to County staff, Planning Commission, and Board of County
Commissioners
0
TASK 5: LONG RANGE TRANSPORTATION PLAN
a) assist Monroe County staff at meetings of the County Commission and Planning
Commission, and coordination with the FDOT, DCA, and other agencies
b) maintain and update Monroe County's Long Range Transportation Plan, through the
Florida State Urban Transportation Model Structure
Wk
BARTON-ASCHMAN ASSOCIATES, INC.
5310 N.W. 33rd Avenue, Suite 206 • Fort Lauderdale, Florida 33309 USA • (305) 733-4220 • Fax: (305) 733-4665
September 29, 1994
Ms. Angela J. Adams
Senior Staff Assistant
Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33040-2227
Dear Ms. Adams:
Please find enclosed two executed copies of the Monroe County Contract for Transportation
Planning Services.
We are returning them to you at your request. Please note that I am authorized by our Board to
execute contracts of this magnitude as a representative of our President, Barry Lundberg. I have
therefore signed the contracts to expedite our initiation of work on the first Work Order.
Further, Steve Ferris has requested that we provide Monroe County with our 1994 standard
hourly rates for projects of this type. They are as follows:
Principal Associate -
$130
Senior Associate -
$95
Associate -
$65
Clerical -
$55
Drafter/CADD Technical -
$50
Under separate cover, we are transmitting our Scope of Work and budget estimate for Work
Order 1. Should you have any questions, please give me a call.
Sincerely,
BARTON-ASCHMAN ASSOCIATES, INC.
F�
John D. Zegeer, P.E.
Principal Associate
cc: Steve Ferris, Monroe County Growth Management
Raj Shanmugam, Barton-Aschman Associates, Inc.
lePARSONS
TRANSPORTATION GROUP
Page 1 of 2
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to Monroe County Planning Department
-r'....P
by Brian Bochner. Senior Vice President
(pnnt MuMal a name and huc)
for Barton-Aschman Associates Inc.
(prmt name ol entity submitunS Avom men
whose business address is 5310 NW 33rd Avenge. #t 206, Fort Lauderdale, Florida 33309
and (if applicable) its Federal Employer Identification Number (FEIlN) is 36-2388053
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement:
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any
state or federal law by a person with respect to and directly related to the transaction of business with any public entity or
with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or
of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt
or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record
relating to charges brought by indictment or information after July 1,1989, as result of a jury verdict, nonjury trial, or entity
of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes. means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity and who has been
convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A
person who knowingly enters into a joint venture with a person who has been convicted of a public crime in Florida during
the preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes. means any natural person or entity
organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which
bids or applies to bid on contracts for the provision of goods or services lot by a public entity, or which otherwise transacts
or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this
sworn statement [Indicate which statement applies.]
Page 2 of 2
X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in the management of the entity, no any affiliate of the entity has been
charged with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity
has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members or agents who are active in the management of the entity, or an affiliate of the entity
has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a
subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final
Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this
sworn statement on the convicted vendor list. [attach a copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC
ENTITY IDENTIFIED IN PARAGRAPH 1(ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM
IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND
THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS
OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF
ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
STATE OF FLORIDA
COUNTY OF BROWARD
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
&Cklito tz who, after first being sworn by me, affixed his/her signature in the space provided
[name of individual signing]
above on this day of ��day of 19 r
iA N ARY L
BEVERLEY KING
E
RY PUBLIC STATE OF FLORIDA
OMMISSION NO. CC-4W-32
CO VISSION E:XP. ',UNE 7.i!xki
My commission expires:
CONSULTANT AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE
Before me, the undersigned authority, personally appeared (Date) September 111994, who was sworn and says:
1. He is (Title) Senior Vice President of (Firm) Barton-Aschman Associates, Inc.,
with office in (City) and (State) Fort Lauderdale. Florida.
2. The named firm is submitting the attached proposal for. Work Program Item No.: N/A
State Job No.: N/A
In the County(ies) of Monroe Florida.
Federal Aid Project No.: N/A
3. The affiant has made diligent inquiry and answers this affidavit based upon his own knowledge.
4. Only one proposal for the above -referenced project will be submitted, under the same or different name, and the proposer
has no financial interest in the firm of another proposer for the same work.
5. Neither the affiant or the firm has directly or indirectly entered in any agreement, participated in any collusion, or otherwise
taken any action in restraint of free competitive pricing in connection with the firm's proposal on the above project.
6. Neither the firm nor its affiliates, nor any one associated with them is presently debarred, suspended or otherwise ineligibie
from participating in contract lettings by any state agency in any state or the RH.W.A.
7. Neither the firm, nor any officer, director, employee of the firm or any of its affiliates has been criminally or civilly charged
with antitrust violations, or had convictions or judgments resulting from such charges. There have been no charges or
subsequent convictions of any criminal act under state or federal law which involved fraud, bribery, conspiracy, antitrust
violations or materials misrepresentation with respect to a public contract, except for matters previously disclosed to the
Department and filed in Case No.: N/A with the Clerk of Agency Proceedings.
8. This affidavit includes disclosure of employees who were charged or convicted of contract crimes while in the employ of
another company.
-9, W-4r—
AFFIAMT
Sworn to and subscribed before me this day of /� 19.
A 1
OFFICIAL NOTARY SEAL
BEVERLEY KING OTARY
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC206432 My Commission
MY COMMISSION EXP. JUNE 7,19%
NOTICE
Any evidence of collusion among participating proposers will preclude their recognition as proposers on such job and subjects them
to penalties and restraints under applicable State and Federal law.
PROPOSERS ON ALL DEPARTMENT PROJECTS MUST SIGN AND ATTACH THIS AFFIDAVIT TO EACH PROPOSAL