Loading...
11/21/1995 AgreementMONROE COUNTY TRANSPORTATION PLANNING SERVICES AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made and entered into this L� ` day of /V�- VC /-I by and between the MONROE COUNTY BOARD OF COUNTY COMMISSIONER Monroe County, Florida, referred as the "CLIENT", and Barton-Aschman Aswciates,U:mC., with offices located at 5310 N.W. 33rd Avenue, Fort Lauderdale, Florida�33309, hqreinafter referred to as the 'CONSULTANT'. WHEREAS, the CLIENT has determined that it is necessary, expedient, and to the best interest of the CLIENT to retain a CONSULTANT to render and perform consulting and other professional services in connection with the providing technical assistance to Monroe County in the area of transportation planning services. WHEREAS, the CLIENT desires to engage the CONSULTANT on a contract basis, for work assignments, as per the authorization procedures hereinafter set forth. NOW, THEREFORE, the parties hereto do mutually agree as follows: SECTION 1. EMPLOYMENT OF THE CONSULTANT 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. 2 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 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. SECTION 5. COMPENSATION 5.1 The maximum compensation available to the CONSULTANT under this agreement is $100,000. CONSULTANT acknowledges that the funding for this agreement is provided by a grant from the State Department of Transportation. If that funding is terminated and the CLIENT elects not to continue funding, then the CLIENT must immediately notify the CONSULTANT of the termination. The CONSULTANT must then immediately cease work under this agreement. The CONSULTANT is only entitled to payment for work performed up to the date it received the CLIENT's notice of termination. 5.2 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 t 112.061 Florida Statutes) associated herewith. These services shall be reimbursed based on CONSULTANT's hourly rates with direct expense reimbursement per Section 112.061 Florida Statutes, or as additional lump sum payments as may be mutually agreed by CLIENT and CONSULTANT. Any disagreement regarding which items are reimbursable shall be submitted to the County Clerk for determination and whose decision shall be final. 5.3 The hourly rates of the CONSULTANT used in calculating the compensation due are: Principal Associate $130 Senior Associate $ 95 Associate $ 65 Clerical $ 55 Drafter/CADD Technical $ 50 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 CONSULTANT'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. 4 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 judgment as an experienced and qualified professional. It is recognized, however, that the CONSULTANT does not have control over the cost of labor, material, equipment, or services furnished by others 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: 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, registered, postage paid. SECTION 10. GENERAL CONDITIONS 10.1 All documents created or prepared by CONSULTANT and which are necessary for the fulfillment of this agreement, including reproducible copies of original 5 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 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. Termination due to nonappropriation or funding termination must be done under para. 5.1. 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 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. 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. 10.6 Nothing in this agreement should be read as modifying the applicable statute of limitations. The waiver of the breach of any obligation of this agreement does not waive another breach of that or any other obligation. 10.7 The CONSULTANT warrants that it has not employed, retained or otherwise had act on is behalf any former County officer or employee subject to the prohibition of Section 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 CLIENT may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 10.8 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 10 of this agreement. 10.9 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. 10.10 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 any 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. 10.11 This agreement shall be governed by the Laws of the State of Florida. Venue for any litigation arising under this agreement must be in Monroe County, Florida. 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 property arising out of its performance of this contract. The 7 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 an 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 the insurance required in Exhibit B. Exhibit B is attached and made a part of this agreement. 0 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of 1995. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By�-G -L Deputy Clerk (CORPORATE SEAL) ATTES 1; By Secretary p/wolfe/barfon.doc BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Ma r/Chairman BARTON-ASCHMAN ASSOCIATES, INC. W.P.I. No. 6596618 Job No. 90000-3530 Contract No. AC328 EXHIBIT "A" This Exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida De artment of Transportation and the Public Agency dated JUN 28 1Q91995. THE PROJECT: Update and Maintenance of the Long Range Transportation Plan LOCATION: Monroe County, Florida The travel time studies will be used to: a) monitor the level of service on U.S. 1 for concurrency management purposes pursuant to Chapter 163, Florida Statutes; and b) to assist in establishing an empirical relationship between the volume -based capacities generated by Florida Standard Urban Transportation Modelling Structure (FSUTMS) and the speed -based Level of Service (LOS) criteria recently developed for Monroe County. The studies will be conducted in accordance with the methodology that was developed by the U.S. 1 LOS Task Force and approved by the County, the Florida Department of Transportation (FDOT), and the Florida Department of Community Affairs (DCA) . The study, including data collection and reporting, may be performed by the Monroe County staff, as in years past, or, with the concurrence of the Department, the Public Agency may use the general transportation planning consultant to perform the study in its entirety. 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 U.S. 1 (Attached) from Florida City to Stock Island; and b) the length of U.S. 1 from the 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 FDOT 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 recorded for each segment and for the overall distance will be provided. Excess roadway capacity and deficiencies in capacity will be reported. 3. COST $ 5,000.00 The purpose of this task is to fund a general transportation planning consultant to assist the Monroe County Planning Department staff in maintaining and updating the Long Range Transportation Plan including the FSUTMS model framework. This task will also provide assistance with general transportation planning and analysis activities, including data collection and technical support. 2. ACTIVITIES Monroe County staff will administer the consultant contract, issue work orders, prepare invoices for submission to the Department, and participate in planning, analysis, and data collection activities as necessary. $ 95,000.00 Exhibit "B" 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 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.