Item Q16BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 3-18-15 Department: County Attorney
Bulk Item: Yes X No
Staff Contact Person: Chris Ambrosio and
Natileene Cassel Phone #: 292-3470
AGENDA ITEM WORDING: Approval of agreement with Aronberg & Associates Consulting
Engineers, Inc. to serve as engineering consultant related to construction issues on County Road 905.
ITEM BACKGROUND: This item is a placeholder. A final agreement was not reached as of the
revised agenda deadline. Once it is reached, the proposed agreement will be circulated.
Construction issues have arisen regarding the work performed by Construct Group Corporation, the
general contractor, on County Road 905. In order to more fully analyze the matter and related issues
associated with the dispute, the County requires an engineering expert for consultation. Mr. Ralph
Aronberg is a professional engineer with the firm of Aronberg & Associates Consulting Engineers, Inc.
and has agreed to serve as consultant.
PREVIOUS RELEVANT BOCC ACTION: On January 16, 2014, the BOCC approved an
Agreement with Construct Group Corp. (CGC) for the construction of bike lanes on CR 905.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $350.00 per hour INDIRECT COST: BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $350.00 per hour SOURCE OF FUNDS:_
REVENUE PRODUCING: Yes _ o x AMOUNT PER MONTH Year
APPROVED BY: County Att O/Purchasing Risk Management
DOCUMENTATION: In �„w 'Ied TBP Not Required
DISPOSITION: AGENDA ITEM #
Revised 7i09
*REVISED*
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 3-18-15 Department: County Attorney
Bulk Item: Yes X No _ Staff Contact Person: Chris Ambrosio and
Natileene Cassel Phone#: 292-3470
AGENDA ITEM WORDING: Approval of agreement with Aronberg & Associates Consulting
Engineers,Inc.to serve as engineering consultant related to construction issues on County Road 905.
ITEM BACKGROUND: Construction issues have arisen regarding the work performed by
Construct Group Corporation, the general contractor, on County Road 905. In order to more fully
analyze the matter and related issues associated with the dispute, the County requires an engineering
expert for consultation. Mr. Ralph Aronberg is a professional engineer with the firm of Aronberg &
Associates Consulting Engineers,Inc.and has agreed to serve as consultant.
PREVIOUS RELEVANT BOCC ACTION: On January 16, 2014, the BOCC approved an
Agreement with Construct Group Corp.(CGC)for the construction of bike lanes on CR 905.
CONTRACT/AGREEMENT CHANGES:N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $350.00 per hour INDIRECT COST: BUDGETED: Yes _No_
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $350.00 ner hour SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No x AMOUNT PER MONTH_ Year _
APPROVED BY: County Attvl/dam OMB/Purchasing_ Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM# 0-16*
*REVISED: Executed Agreement
and Curriculum Vitae added.
Revised 7/09
AGREEMENT FOR EXPERT WITNESS AND CONSULTING SERVICES
THIS AGREEMENT is made as of this l Z day of Ftiewe -
2015, between BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, ("COUNTY"), a political subdivision of the State of Florida, whose address
is 1100 Simonton Street, Key West, Florida 33040 and Aronberg and Associates
Consulting Engineers, Inc., I"CONSULTANT") a Florida corporation, with principal
offices ¢t 1304 SW I60rs Avenue., Suite 220, Fort Lauderdale, Florida, 33326, for expert
witness and consulting services in connection with the construction dispute and potential
claim known as the County Road 905 (`MATTER");
WHEREAS, COUNTY desires to engage CONSULTANT to provide expert
witness and consulting services in connection with the MAI'I ER; and
WHEREAS, CONSULTANT desires to render these Services as described in
SECTION I. Scope of Services;
NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the
mutual covenants contained herein, agree as follows:
SECTION I. SCOPE OF SERVICES
CONSULTANT shall provide engineering opinions, expert witness testimony, necessary
related research, investigation, and reporting relating to the MATTER and contract
between Construct Group Corp. (CGC)and COUNTY.
SECTION 11. COMPENSATION
Compensation for CONSULTANT'S Services under this Agreement shall be as follows:
I. Non-testimony time that includes research, pre-trial or other meetings is charged
at the hourly rates listed below:
Engineer—Ralph Aronberg $350.00
Traffic Tech nician/Drafting/Graphies $75.00
Administrative and clerical time is not billable.
2. The CONSIJ[ TANF Engineer's testimony time, should it become necessary, will
he charged at a rate of $350.00 per hour. Testimony time includes time required to be
available for testimony immediately before and after testimony with approval of the
County Attorney or his designee.
3. Time and related fees incurred when a deposition of CONSULTANT Engineer is
taken by other parties to the lawsuit will be billed to and are the responsibility of the
party setting the deposition. However, in the event the party taking the deposition refuses
to make payment for these services, the client agrees to make payment to Aronberg and
Associates for these services.
SECTION III. PAYMENT
CONSULTANT shall be reimbursed for expenses which include travel, transportation,
food, and related expenses only to the extent and in the amounts authorized by Section
I12.061, Florida Statutes and the Monroe County Code. payment will be made
periodically, but no more frequently than monthly. in arrears. Expenses and hourly billing
shall be submitted to COUNTY by invoice with supporting-documentation acceptable to
the Clerk. Acceptability to the Clerk is based on generally accepted accounting
principles and such laws, rules and regulations as may govern the Clerk's disbursal of
funds.
Travel time within the local area, defined as a radius of 50 miles from the
CONSULTANT'S office is not billable. Time spent in transit outside CONSULTANTS
local area is billable if requested by the County Attorney or his designee and is
determined by the County Attorney or his designee that travel is in the County's best
interest.
The COUNTY'S performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval of
the Board members at the time of contract initiation and its duration.
If the CONSULTANT'S duties, obligations and responsibilities are materially changed
this agreement shall be changed by written amendment to this Agreement.
SECTION IV. PERIOD OF SERVICE
This Agreement shall become effective upon signature by all parties and shall continue in
effect until the services are completed or terminated. This Agreement may be terminated
by either party, with or without cause. upon seven days written notice to the other party.
SECTION V. NON-WAIVER OF IMMUNITY AND HOLD HARMLESS
COUNTY and CONSUTLANT acknowledge that COUNTY does not waive immunity
nor does COUNTY agree to hold the Consultant harmless; notwithstanding the
provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and
the COUNTY 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 COUNTY he required to contain any provision
for waiver.
SECTION VI. CONTROLLING LAW
This Agreement is to be governed by the law of the State of Florida. Venue shall be in
Monroe County.
SECTION VII. SEVERABILITY
7
If any provision of this Agreement is held invalid or unenlbrccable, the remaining
provisions shall be valid and binding upon the parties. One or more waivers by either party
of any provision, term or condition shall not be construed by the other party as a waiver of
any subsequent breach of the same provision.terns or condition.
SECTION VIII. NONDISCRIMINATION
CONSULTANT and COUNTY agree that there will he 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.
CONSULTANT or 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: I) 'title VI of the Civil Rights Act of 1964 (PI, 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 INC 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) Monroe County Code Chapter 13,
Article VI, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry,sexual orientation, gender identity or expression. familial status
or age; I1) 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 IX. NOTICE
•
Any notices sent by the parties shall be deemed to have been duly served if delivered in
person to the individuals and addresses listed below, or if delivered or sent by first class
mail. certified, return receipt, or by courier with proof of delivery. All written
correspondence to the COUNTY shall he dated and signed by an authorized
representative of the CONSULTANT.The correspondence shall be directed to:
FOR COUNTY:
Mr. Robert Shillinger
County Attorney
P.O. Box 1026
3
Key West. Florida 33041
(305)292-3470
FOR CONSULTANT:
Mr. Ralph Aronberg
1304 SW 160th Avenue
Suite 220
Fort Lauderdale. Florida,33326
(954) 236-6605
SECTION X.NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship,contractual or otherwise, with or
any rights in favor of, any third party.
SECTION XL BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall hind and inure
to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors,and assigns.
SECTION XII. 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 XIII.ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY 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 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. COUNTY and CONSULTANT specifically agree that
no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
SECTION XIV. COVENANT OF NO INTEREST
CONSULTANT 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 perform and
receive benefits as recited in this Agreement.
SECTION XV. CODE OF ETHICS
4
•
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 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 XVI. EXECUTION
This Agreement, including any exhibits included herein, constitutes the entire Agreement
between CONSULTANT and COUNTY, and supersedes and controls over all prior written
or oral understandings. This Agreement may be amended, supplemented or modified only
by a written instnmient duly executed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
(SEAL) BOARD OF COUNTY
COMISSIONERS OF
Attest: DANNY L. KOLHAGE,Clerk MONROE COUNTY,FLORIDA
By:- By: ...---------
Deputy Clerk Mayor/Chairman
Date: Date:
CONStILTAN"4 II) -..A 1-014 er cr
Print Name
Prestd „.4
Title
Date: 3/2 Zt/S
Witness to CONSULTANT:
Signature
Luse Geryet
Print Name
5
Title
Date:
6
CURRICULUM VITAE
RALPH ARONBERG,P.E.
President
Aronberg&Associates Consulting Engineers,Inc.
1304 SW 160ie Avenue, Suite 220
Fort Lauderdale,FL 33326
(954)236-6605
RESPONSIBILITIES:(Since founding firm in 1983)
Traffic accident reconstruction and expert witness service for private parties, insurance companies and governmental
agencies. Expert witness services provided in the areas of:
• Traffic accident reconstruction(cars,trucks,motorcycles and pedestrians).
• Vehicle occupant kinematics(seatbelts).
• Biomechanics.
• Traffic engineering design(geometries,signing,markings,signals and lighting).
• Sight distance analysis.
• Traffic impacts.
• Hazardous roadway conditions.
• Work Zone Traffic Control evaluation.
• Evaluation of roadway curvature.
• Traffic signal operations.
• Pedestrian safety(includes slip/trip and fall analysis).
• Computerized accident reconstruction and simulation.
• Vehicle"black box"data retrieval(certified).
All avenues of transportation and traffic studies,planning,design and analysis.
Coordination and management of full service land development projects, Development of Regional Impact studies and
Tragic Action Plans.
PROFESSIONAL REGISTRATION:
Registered Professional Engineer with the Florida Board of Professional Engineers,PE#33069.
Firm Certificate of Authorization#7306.
PROFESSIONAL MEMBERSHIPS AND ACTIVITIES:
National Academy of Forensic Engineers—(Fellow member)Certified by NAFE as a Diplomat in Forensic Engineering
in accordance with the guidelines of the Council of Engineering Specialty Boards(CESB).
Florida Engineering Society—Past President of Broward Chapter.
Institute of Transportation Engineers—(Fellow member)Serve on Expert Witness Counsel.
Society of Automotive Engineers—Serve on Crash Data Collection and Analysis Steering Committee.
American Society of Civil Engineers
National Society of Professional Engineers
Association For the Advancement of Automotive Medicine
National Association of Professional Accident Reconstruction Specialists
American Society of Testing and Materials—Serve on Committee on Pedestrian/Walkway Safety and Footwear.
AWARDS:
Young Engineer of The Year award received February 21, 1987 from the Broward Chapter of the Florida Engineering
Society.
RALPH ARONBERG.P.E.—Curriculum Vitae Page Two
PRIOR EXPERIENCE:
Traffic Systems Engineer Intern Mid South Engineering Company
September 1981-November 1982 Fort Lauderdale,Florida
Assistant Project Manager for development of the Broward County Computerized Traffic Signal System, which was a
$500,000 contract. Responsible for all related engineering services,including design work and timing plans for 250 traffic
signals and master plan development for expansion to 1,500 traffic signals, utilizing all state-of-the-art aspects of Urban
Traffic Control Systems(UTCS).
Project Manager for numerous traffic studies, including traffic impact studies, traffic signal justification studies, traffic
systems operation studies and various transportation related engineering projects.
Engineer in charge of traffic signal,signing,pavement markings,and roadway lighting plans on many large scale projects.
Expert witness on traffic accident cases.
Signal Design Engineer Broward County Transportation Dept.
March 1980—September 1981 Fort Lauderdale,Florida
Responsible for the design of Broward County traffic signals and preparation of construction contracts.
Design and development of timing plans for signal systems.
Review of consultant plans,all facets of traffic engineering.
Meetings with local governments and special interest groups to discuss transportation needs,plans and impacts.
Engineer II Florida Department of Transportation
November 1978—March 1980 Fort Lauderdale,Florida
Responsible for conceptual design and justification reports based on accident analysis,capacity analysis and cost benefit
studies for transportation improvement and traffic safety projects.
Design of signalization,signing and pavement marking plans.
EDUCATION:
University of Virginia:
Bachelor of Science,Civil Engineering 1978,with graduate level courses in Traffic Engineering,Traffic Flow Theory and
Urban Transportation.
University of Florida: (1979-1982)
Post-College Professional Traffic Engineering Enhancement Program, seminars on Traffic Safety Considerations,Traffic
Operations Computer Models,Traffic Signal Control Systems,Traffic Signal Workshops and use of the Arterial Analysis
Package.
Nova University: Fort Lauderdale,FL
Master of Science in Engineering Management, (1984), includes development of a traffic accident reconstruction
computer program with graphic features,as part of course work.
The Traffic Institute,Northwestern University: (1984)
Roadway Resurfacing,Restoration and Rehabilitation workshop.
Accident Litigation Seminar: Orlando,FL(1984)
Forensics,Slip and Fall,Seatbelt Occupant Kinematics,Human Factors.
Institute of Transportation Engineers Educational Foundation: (1983-1989)
Seminar on Traffic Control Devices Handbook. Seminar on Trip Generation Manual. Seminar on Access and Site
Circulation Design. Seminar on the Engineer as a Court Witness.
RALPH ARONBERC.P.E.Curriculum Vitae Page Three
Stapp Car Crash Conference:
1985 Twenty-Ninth, 1988 Thirty-Second, 1989 Thirty-Third, 1991 Thirty-Fifth, 1994 Thirty-Eighth.
Workshops on Human Subjects for Biomechanical Research: (1985, 1988, 1989, 1991, 1994)
Society of Automotive Engineers International Congresses: Detroit,MI
Each congress includes one week of seminars on state-of-the-art techniques in accident reconstruction and occupant
kinematics. Attended in 1987, 1989, 1990, 1991, 1992, 1995, 1997, 1998, 1999,2001,2002,2003, 2004, 2005,2006,
2007,2008,2009,2011,2012,2013,and 2014. Speaker in 1990 and 1992,presenting published papers.
Annual Conferences of the Association for the Advancement of Automotive Medicine: 1987 Thirty-First, 1989
Thirty-Third, 1997 Forty-First, 1998 Forty-Second.
Florida Department of Transportation:
Project Managers Conference(1987).
Site Impact Handbook Workshop(1998).
Symposium on Head Injury Mechanisms,An Angular Acceleration Criterion: Washington,DC(1989)
60th Annual Meeting of Institute of Transportation Engineers: (1990)
Featured speaker on Geometric Design,Traffic Safety Engineering.
Institute of Police Technology and Management: Jacksonville,FL
1990, 1992(as speaker),and 2002 annual updates of"Special Problems in Traffic Accident Reconstruction'.
1993"Concept of Night Visibility for Traffic Accident Investigators".
1998'Inspection/Investigation of Commercial Vehicle Accidents".
2014"Advanced Event Data Recorder Use in Traffic Crash Reconstruction".
Florida Institute of Consulting Engineers: (1990)
Work Zone Traffic Control.
University of California,San Diego: (1991)
Accidental Injury: Biomechanics&Prevention.
Society of Automotive Engineers:
Vehicle Rollovers Workshop(Phoenix,AZ, 1992).
Low Speed Rear Impact Collision Workshop(Los Angeles,CA, 1994).
Applied Vehicle Dynamics(BeaveRun Motorsports Complex,PA,2006).
Highway Event Data Recorder Symposium(Washington,D.C.,2007).
Bob Bondurant School of High Performance Driving: Phoenix,AZ(1992)
Advanced Highway Driving.
Association for the Advancement of Automotive Medicine: Philadelphia,PA(1994)
Biomechanics of Impact and Current Occupant Restraint Issues.
Transportation Research Center,Inc.: East Liberty,OH(1995)
Pole side Impact Testing.
Heavy Vehicle Braking Performance Seminar.
Truck and Bus Emergency Braking Testing.
Association for the Advancement of Automotive Medicine and University of Miami School of Medicine William
Lehman Injury Research Center: Miami,FL(2000)
Car Crashes and Occupant Injuries: A Team Approach to Crash Investigation.
World Reconstruction Exposition,WREX 2000: College Station,TX(2000)
Instrumented and documented crashes of 17 motorcycles;sponsor and contributor.
Vericom Computers,Inc.: Miramar,FL(2001)
Acceleration and VC2000 familiarization.
VC2000PC Advanced training.
RALPH ARONBERG,P.E.—Curriculum Vitae Pace Four
Steensland Center for Professional Development: (2003)
Americans with Disabilities Act(ADA): Impact on Design Professionals.
Collision Safety Institute:
Crash Data Retrieval System Operator's Certification Course(2004)
CDR Users Conference(2008).
Macinnis Engineering Associates:
PC Crash Training Workshop(2004).
PC Crash Expert Skills Workshop(2012).
Florida State University(online): (2005)
Florida Building Code Core Course.
National Academy of Forensic Engineers:
Featured speaker on Truck Accident Simulation and Animation(Orlando,FL 2010).
Forensic Engineering Seminar(Hollywood,FL 2015).
National Crash Analysis Center;Federal Outdoor Impact Laboratory: George Washington Univ.,VA(2010)
High Speed Instrumented Testing.Advanced Topics in Automotive Safety and Accident Reconstruction.
Ares 360 Technologies Inc.: (2011)
Advanced 3D Computer Diagramming.
New York Statewide Traffic Accident Reconstruction Society & National Association of Professional Accident
Reconstruction Specialists,Inc.:
Investigating Motorcycle Collisions(Fishkill,NY,2012).
Advanced Topics in Collision Investigation and Reconstruction(Portland,ME,2014).
Clearly Visible Presentations,LLC: Portland,ME(2014)
Motor Vehicle Headlamp Performance and Mapping.
PUBLICATIONS:
Served for Society of Automotive Engineers as peer reviewer for publication of Accident Reconstruction 1993, 1995,
2004,2008,2010,2013,2014&2015.
Served for National Academy of Forensic Engineers as peer reviewer for automotive biomechanics paper(2014).
"Seventeen Motorcycle Crash Tests into Vehicles and a Barrier", Society of Automotive Engineers Technical Paper
#2002-01-0551,contained within Accident Reconstruction 2002.
"Reconstruction of Automobile/Pedestrian Accidents Using CATAPULT", Society of Automotive Engineers
Technical Paper 0940924,contained within Accident Reconstruction: Technoloev and Animation IV.
"PC Based Accident Reconstruction Animation using Autodesk 3D Studio", Society of Automotive Engineers
Technical Paper#920756,contained within Accident Reconstruction: Technoloev and Animation II.
"Airborne Trajectory Analysis Derivation for use in Accident Reconstruction", Society of Automotive Engineers
Technology Paper#900367,contained within Accident Reconstruction: Human,Vehicle and Environmental Factors.
"Motivating and Managing Engineers", American Society of Civil Engineers, Journal of Professional Issues In
Enaiaeerine,January, 1985.
OTHER FIRM ACTIVITIES:
3-D Computer Animations.
Computer-aided Design,preparation of trial exhibit graphics.
Coordination of aerial photography.
Coordination of land surveying.
Nighttime photography.
Video photography.
Illumination evaluation and analysis.
Vehicular mechanical systems analysis.