07/12/1982This document has important legal consequences; consultation with an attorney is encouraged with respect to its
completion or modification.
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of July 12, , 198_
between The Roard of County Commissioners of Monroe County Florida
B R & R. Associates, Inc.- PBSU , Inc.- A Joint Venture
(OWNER) and
(ENGINEER).
OWNER intends to accomRl i sh an Upper Keys Airport Site Selection Study following
permanent County General Aviation Facility to be established, all -pursuant to
Board of County Commissioners motion passed on March 22, 1982 and Monroe County
Resolution #127 1982 passed and adopted on April 5, 1982.
(hereinafter called the Project).
OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance
of professional engineering services by ENGINEER and the payment for those services by OWNER as set forth
below.
ENGINEER shall provide professional engineering services for OWNER in all phases of the Project to which this
Agreement applies, serve as OWNER's professional engineering representative for the Project as set forth below
and shall give professional engineering consultation and advice to OWNER during the performance of services
hereunder.
SECTION 1—BASIC SERVICES OF ENGINEER 1.2. Study and Report Pbase.
After written authorization to proceed, ENGINEER
shall:
1.1. General.
1.2.1. Consult with OWNER to clarify and define
I.I.I. ENGINEER shall perform professional ser- OWNER's requirements for the Project and review
vices as hereinafter stated which include customary available data.
civil, structural, mechanical and electrical engineering
services and customary architectural services inciden- 1.2.2. Advise OWNER as to the necessity of
tal thereto. OWNER's providing or obtaining from others data or
Page 1 of _29__pages
services of the types described in paragraph 3.3, and
act as OWNER's representative in connection with any
such services.
1.2.3. Provide analyses of OWNER's needs, planning
surveys, sine evaluations and comparative studies of
prospective sites and solutions, as called for under Exhibit
A attached and made a part hereof see also 8.1.
4. Providd. a general economic analysis
NER's requirements applicable to various a�
1.2.5. pare a Report containing schema ' layouts,
sketches an conceptual design criteria w' appropri-
ate exhibits t indicate clearly the co iderations in-
volved and th iternative soluti s available to
OWNER and setts forth ENG1N R's 5ndings and
recommendations w opinions probable costs for
the Project, including onst tion Cost, contingen-
cies, allowances for ch a of all pro>�ssionals and
consultants, allowances fo a eost of land and rights -
of -way, compensation f or ages to properties and
interest and financing arges ( of which are herein-
after called "Projec Costs").
1.2.6. Furnls ve copies of the Rep'hC and prescht
and review i n person with OWNER.
The dut' and responsibilities of ENGINES during
the St and Report Phase are amended ands pl¢-
me d as indicated in paragraph 2 of Exhibit A " " r-
t Description of Basic Engineering Service$ a
elated Matters".
-If authorized in writing by the OWNER to proceed subsequent to the
completion of the site selection study called for under Exhibit A.
the ENGINEER shall provide the services called for under 1.3 through
1.6.9. —
1.3. Preliminary Design Phase. (if authorized by OWNER).
After written authorization to proceed with the Prelim-
inary Design Phase, ENGINEER shall:
1.3.1. In consultation with OWNER and on the basis
of the accepted Report, determine the extent of the
Project. *called for under ExhibitA and the project app11-
cation to be prepared and attached hereto.
1.3.2. Prepare preliminary design documents consist-
ing of final design criteria, preliminary drawings and
outline specifications, including environmental assessment and
master plan study of the selected site.
1.3.3. Based on the information contained in the pre-
liminary design documents, submit a revised opinion
of probable Project Costs.
1.3.4. Furnish five copies of the above preliminary
design documents and present and review them in per-
son with OWNER.
1.3.5. ENGINEER shall provide surveying services as required for
design purposes.
and responsibt7ities of ENGINEER
the =as
mina ase are am Supple-
menindicat�iin bitA " Fur-
ther Dcscri sic Engineering Servi
afters".
1.3.6. ENGINEER shall attend Pre -Design conference.
1.4. Final Design Phase. (if authorized by OWNER.)
After written authorization to procted with the Final
Design Phase, ENGINEER shall:
1.4.1. On the basis of the acct:pted preliminary design
documents and the revised opinion of probable Project
Cost, prepare for incorporation in the Contract Docu-
ments final drawings to show the character and extent
of the Project (hereinafter called "Drawings") and
Specifications.
1.4.2. . Furnish to OWNER such documents and de-
sign data as may be required for, and assist in the
preparation of, the required documents so that
OWNER may apply for approvals of such governmen-
tal authorities as have jurisdiction over design criteria
applicable to the Project, and assist in obtaining such
approvals by participating in submissions to and ne-
gotiations with appropriate authorities.
1.4.3. Advise OWNER of any adjustments to the lat-
est opinion of probable Project Cost caused by changes
in extent or design requirements of the Project or Con-
struction Costs and furnish a revised opinion of prob-
able Project Cost based on the Drawings and Specifi-
cations.
1.4.4. Prepare for review and approval by OWNER,
his legal counsel and other advisors contract agreement
forms, general conditions and supplementary condi-
tions, and (where appropriate) bid forms, invitations
to bid and instructions to bidders, and assist in the
preparation of other related documents.
1.4.5. Furnish ten copies of the above documents
and present and review the_ m in person with OWNER.
*(Documents are 'as -advertised' plans and specs.)
and responsibilities of'ENGINEER d
the Final Desl a amendedp emented
as indicated in paragra "Further De-
scription o ngineering Services an
1.5. Bidding or Negotiating Phase. (if authorized by OWNER.)
After written authorization to proceed with the Bidding
or Negotiating Phase, ENGINEER shall:
Page 2 of _-24_page ,
1.5.1. Assist OWNER in obtaining bids or negotiating
proposals for each separate prime contract for con-
struction, materials, equipment and services.-
1.5.2. Consult with and advise OWNER as to the
acceptability of subcontractors and other persons and
organizations proposed by the prime contractor(s)
(hereinafter called "Contractor(s)") for those portions
of the work as to which such acceptability is required
by the bidding documents.
1.5.3. Consult with and advise OWNER as to the
acceptability of substitute materials and equipment
proposed by Contractor(s) when substitution prior to
the award of contracts is allowed by the bidding doc-
uments.
1.5.4. Assist OWNER in evaluating bids or proposals
and in assembling and awarding contracts.
s and responsibilities of ENGINEER daAlipme
the Bidding o ting Phase n ed and
supBitRedMartiers".
dicat 5 of Exhibit A
"Fn of Basic Engineering
1.5.5. ENGINEER shall attend Pre -Construction conference..
1.6. Construction Phase. (if authorized by OWNER.)
During the Construction Phase ENGINEER shall:
1.6.1. Consult with and advise OWNER and act as
hie ri-nrL-sentativelh.Drovided in Articles 1 througb.+q
ve, o tan General Condit' of
action Contract No. 0-8, ( edition). '
and limitations of the du esponsibilities
ity of ENGINEE assigne ' said Stanc
it Condition not be modified, ept to
provi in paragraph 6 of Exhibit A '
of Basic Engineering Services and Rel,
fifers" and except as EN(iuNhhK may otherwise
agree in writing. All of OWNER's instructions to Con-
tractors) will be issued through ENGINEER who will
have authority to act on behalf of OWNER to theeirten!
except
as otherwise provided in writing.
1.6.2. Make visits to the site at intervals appropriate
to the various stages of construction to observe as an
experienced and qualified design professional the prog-
ress and quality of the executed work of Contractor(s)
and to determine in general if such work is proceeding
in accordance with the Contract Documents. ENGI-
NEER shall not be required to make exhaustive or
continuous on -site inspections to check the quality or
quantity of such work. ENGINEER shall not be re-
sponsible for the means, methods, techniques, se-
quences or procedures of construction selected by
Contmctor(s) or the safety precautions and programs
incident to the work of Contractot(s). ENGINEER's
efforts will be directed toward providing a greater de-
gree of confidence for OWNER that the completed
work of Contractor(s) will conform to the Contract
Documents, but ENGINEER shall not be responsible
for the failure of Contractor(s) to perform the work in
accordance with the Contract Documents. During such
visits and on the basis of on -site observations ENGI-
NEER shall keep OWNER informed of the progress
of the work, shall endeavor to guard OWNER against
defects and deficiencies in such work and may disap-
prove or reject work failing to conform to the Contract
Documents.
1.6.3. Review and approve (or take other appropriate
action in respect of) Shop Drawings
and samples, the results of tests and inspections and
other data which each Contractor is required to submit,
but only for conformance with the design concept of
the Project and compliance with the information given
in the Contract Documents (but such review and ap-
proval or other action shall not extend to means, meth-
ods, sequences, techniques or procedures of construc-
tion or to safety precautions and programs incident
thereto); determine the acceptability of substitute ma-
terials and equipment proposed by Contractor(s); and
receive and review (for general content as required by
the Specifications) maintenance and operating instruc-
tions, schedules, guarantees, bonds and certificates of
inspection which are to be assembled by Contractor(s)
in accordance with the Contract Documents.
1.6.4. Issue all instructions of OWNER to Contrac=
toes); issue necessary interpretations and clarifications
of the Contract Documents and in connection therewith
prepare change orders as required; have authority, as
OWNER's representative, to require special inspection
or testing of the work; act as initial interpreter of the
requirements of the Contract Documents and judge of
the acceptability of the work thereunder and make de-
cisions on all claims of OWNER and Contractor(s)
relating to the acceptability of the work or the inter-
pretation of the requirements of the Contract Docu-
ments pertaining to the execution and progress of the
work; but ENGINEER shall not be liable for the results
of any such interpretations or decisions rendered by
him in good faith.
1.6.5. Based on ENGINEER's on -site observations
as an experienced and qualified design professional and
on review of applications for payment and the accom-
Page 3 of _ZQ_pages
parrying data and schedules, determine the amounts
owing to Contractor(s) and recommend in writing pay-
ments to Contractor(s) in such amounts; such recom-
mendations of payment will constitute a representation
to OWNER, based on such observations and review,
that the work has progressed to the point indicated,
that, to the best of ENGINEER's knowledge, infor-
mation and belief, the quality of such work is in accor-
dance with the Contract Documents (subject to an eval-
uation of such work as a functioning Project upon Sub-
stantial Completion, to the results of any subsequent
tests called for in the Contract Documents, and to any
qualifications stated in his recommendation), and that
payment of the amount recommended is due Con-
tractor(s); but by recommending any payment ENGI-
NEER will not thereby be deemed to have represented
that continuous or exhaustive examinations have been
made by ENGINEER to check the.quality or quantity
of the work or to review the means, methods, se-
quences, techniques or procedures of construction or
safety precautions or programs incident thereto or that
ENGINEER has made an examination to ascertain
how or for what purposes any Contractor has used the
moneys paid on account of the Contract Price, or that
title to any of the work, materials or equipment has
passed to OWNER free and clear of any lien, claims,
security -interests or encumbrances, or that Contrac-
tors) have completed their work exactly in accordance
with the Contract Documents.
1.6.6. Conduct an inspection to determine if the Proj-
ect is substantially complete and a final inspection to
determine if the work has been completed u#accor-
dance with the Contract Documents and if each Con-
tractor has fulfilled all of his obligations thereunder so
that ENGINEER may recommend, in writing, final
payment to each Contractor and may give written no-
tice to OWNER and the Contractor(s) that the work is
acceptable (subject to any conditions therein ex-
pressed), but any such recommendation and notice
shall be subject to the limitations expressed in para-
graph 1.6.5. • substantial
1.6.7. ENGINEER shall not be responsible for the
acts or omissions of any Contractor, or subcontractor,
or any of the Contractor(s)' or subcontractors' agents
or employees or any other persons (except ENGI-
NEER's own employees and agents) at the site or oth-
erwise performing any of the Contractor(s)' work; how-
ever, nothing contained in paragraphs 1.6.1 thru 1.6.7,
inclusive, shall be construed to release ENGINEER
from liability for failure to properly perform duties un-
dertaken by him in the Contract Documents.
1.6.8. ENGINEER shall prepare routine Change Orders as required.
1.6.9. Basic Services shall include those services identified as
Additional Services in 2.1.12. Pa e 4
SECTION 2—ADDITIONAL SERVICES OF
ENGINEER
2.1. General
If authorized in writing by OWNER, ENGINEER shall
furnish or obtain from others Additional Services of
the following types which are not considered normal
or customary Basic Services
ided
,.
these will be paid for by OWNER as indicated in Sec-
tion 5.
2.1.1. Preparation of applications and supporting
documents for governmental grants, loans or advances
in connection with the Project; preparation or review
of environmental assessments and impact statements;
review and evaluation of the effect on the design re-
quirements of the Project of any such statements and
documents prepared by others; and assistance in ob-
taining approvals of authorities having jurisdiction over
the anticipated environmental impact of the Project.
2:1.2. Services to make measured drawings of or to
investigate existing conditions or facilities, or to verify
the accuracy of drawings or other information fur-
nished by OWNER.
2.1.3. Services resulting from significant changes in
extent of the Project or its design including, but not
limited to, changes in size, complexity, OWNER's
schedule, or character of construction or method of
financing; and revising previously accepted studies,
reports, design documents or Contract Documents
when such revisions are due to causes beyond ENGI-
NEER's control.
2.1.4. Providing renderings or models for OWNER's
use.
2.1.5. Preparing documents for alternate bids re-
quested by OWNER for Contractor{s)' work which is
not executed or documents for out -of -sequence work.
2.1.6. Investigations involving detailed consideration
of operations, maintenance and overhead expenses;
providing Value Engineering during the course of de-
sign; the preparation of feasibility studies, cash flow
and economic evaluations, rate schedules and apprais-
als; assistance in obtaining financing for the Project;
evaluating processes available for licensing and assist-
ing OWNER in obtaining process licensing; detailed
quantity surveys of material, equipment and labor; and
f 22 a es
audits or inventories required in connection with con-
struction performed by OWNER
2.1.7. Furnishing the services of special consultants
for other than the normal civil, structural, mechanical
and electrical engineering and normal architectural de-
sign incidental thereto, such as consultants for interior
design, furniture, furnishings, communications, acous-
tics, kitchens and landscaping; and providing data or
services of the types described in paragraph 3.3 when
OWNER authorizes ENGINEER to provide such data
or services in lieu of furnishing the same in accordance
with paragraph 3.3.
2.1.8. Services resulting from the award of more sep-
arate prime contracts for construction, materials,
equipment or services for the Project than are contem-
plated by paragraph 5.1.1.2, and services resulting
from the arranging for performance by persons other
than the principal prime contractors of services for the
OWNER and administering OWNER's contracts for
such services.
2.1.9. Providing any type of
pt*rpe@@*4wW engineering surveys and staking to enable
Contractor(s) to proceed with their work; and providing
other special field surveys. -
2.1.10. Services in connection with change orders to
reflect changes requested by OWNER if the resulting
change in compensation for Basic Services is not com-
mensurate with the additional services rendered, ser-
vices after the award of each contract in evaluating
substitutions proposed by Contractor(s), and in making
revisions to Drawings and Specifications occasioned
thereby, and services resulting from significant delays,
changes or price increases occurring as a direct or
indirect result of material, equipment or energy short-
ages.
2.1.11. Services during out-of-town travel required of
ENGINEER other than visits to the site as required
by Section 1.
2.1.12. Preparing for OWNER, on request, a set of
reproducible record prints of Drawings.sl?,e g hesw
„(see 1.6.9.),
2.1.13. Additional or extended services during con-
struction made necessary by (1) work damaged by fire
or other cause during construction, (2) a significant
amount of defective or neglected work of Contractor(s),
(3) prolongation of the contract time of any prime con-
tract by more than sixty days, (4) acceleration of the
progress schedule involving services beyond normal
working hours, and (5) default by Contractor(s).
2.1.14. Preparation of operating and maintenance
manuals; protracted or extensive assistance in the uti-
lization of any equipment or system (such as initial
startup, testing, adjusting and balancing); and training
personnel for operation and maintenance.
2.1.15. Services after completion of the Construction
Phase, such as inspections during any guarantee period
and reporting observed discrepancies under guarantees
called for in any contract for the Project.
2.1.16. Preparing to serve or serving as a consultant
or witness for OWNER in any litigation, public hearing
or other legal or administrative proceeding involving
the Project (except as agreed to under Basic Services).
2.1.17. Additional services in connection with the
Project, including services normally furnished by
OWNER and services not otherwise provided for in
this Agreement.
2.2. Resident Services During Construction.
2.2.1. If requested by OWNER or recommended by
ENGINEER and agreed to in writing by the other, a
Resident Project Representative will be furnished,and
will act as directed by ENGINEER in order to assist
ENGINEER in observing performance of the work of
Contractor(s). Such services will be paid for by
OWNER as indicated in paragraph 5.1.2.4.
2.2.2. The duties and responsibilities and the limita-
tions on the authority of the Resident Project Repre-
sentative and assistants will be set forth in Exlvbit B
which is to be identified, attached to and made a part
of this Agreement before such services begin.
2.2.3. Through more extensive on -site observations
of the work in progress and field checks of materials
and equipment by the Resident Project Representative
(if furnished) and assistants, ENGINEER shall en-
deavor to provide further protection for OWNER
against defects and deficiencies in the work of Con-
tractor(s); but the furnishing of such resident Project
representation will not make ENGINEER responsible
for construction means, methods, techniques, se-
quences or procedures or for safety precautions or
programs, or for Contractors)' failure to perform their
work in accordance with the Contract Documents.
Page 5 of _ 29 _ pages
t
2.2.4. If OWNER designates another person to rep-
resent OWNER at the Project site who is not ENGI-
NEER's agent or employee, the duties, responsibilities
and limitations of authority of such other person and
the effect thereof on the duties and responsibilities of
ENGINEER under this Agreement will be set forth in
an exhibit that is to be identified, attached to and made
a part of this Agreement before such services begin.
SECTION 3—OWNER'S RESPONSIBILITIES
OWNER shall:
3.1. Provide all criteria and full information as to
OWNER's requirements for the Project, including de-
sign objectives and constraints, space, capacity and
performance requirements, flexibility and expandabil-
ity, and any budgetary limitations; and furnish copies
of all design and construction standards which
OWNER will require to be included in the Drawings
and Specifications.
3.2. Assist ENGINEER by placing at his disposal all
available information pertinent to the Project including
previous reports and any other data relative to design
or construction of the Project.
3.3. Furnish to ENGINEER, as required for perfor-
mance of ENGINEER's Basic Services (e-tie
hfaiters"), data prepared by or services of others, in=
eluding without limitation core borings, probings and
subsurface explorations, , labo-
ratory tests and inspections of samples, materials and
equipment; appropriate professional interpretations of
all of the foregoing; env iientnenfa4
property de-
scriptions; zoning, deed and other land use restriction;
and other special data or consultations not covered in
Section 2; all of which ENGINEER may rely upon in
performing his services.
ovide field control surveys and establis
erence poiHrT1w%d.JaVe lines (except to tent pro-
vided otherwise in Ex t er Description of
Basic Engineerin ces and Re tters") to
enable to
to proceed with the layout
3.5. Arrange for access to and make all provisions
for ENGINEER to enter upon public and private prop-
erty as required for ENGINEER to perform his
services.
3.6. Examine all studies, reports, sketches, Draw-
ings, Specifications, proposals and other documents
presented by ENGINEER, obtain advice of an attor-
ney, insurance counselor and other consultants as
OWNER deems appropriate for such examination and
render in writing decisions pertaining thereto within a
reasonable time so as not to delay the services of
ENGINEER.
3.7. Furnish approvals and permits from all govern-
mental authorities having jurisdiction over the Project
and such approvals and consents from others as may
be necessary for completion of the Project.
3.8. Provide such accounting, independent cost esti-
mating and insurance counseling services as may be
required for the Project, such legal services as OWNER
may require or ENGINEER may reasonably request
with regard to legal issues pertaining to the Project
including any that may be raised by Contractor(s), such
auditing service. as OWNER may require to ascertain
how or for what purpose any Contractor has used the
moneys paid to him under the construction contract,
and such inspection services as OWNER may require
to ascertain that Contractor(s) are complying with any
law, rule or regulation applicable to their performance
of the work.
3.9. Designate in writing a person to act as OWNER's
representative with respect to the services to be ren-
dered under this Agreement. Such person shall have
complete authority to transmit instructions, receive in-
formation, interpret and define OWNER's policies and
decisions with respect to materials, equipment, ele-
ments and systems pertinent to ENGINEER's ser-
vices.
3.10. Give prompt written notice to ENGINEER
whenever OWNER observes or otherwise becomes
aware of any development that affects the scope or
timing of ENGINEER's services, or any defect in the
work of Contractor(s).
3.11. Furnish, or direct ENGINEER to provide, nec-
essary Additional Services as stipulated in Section 2
of this Agreement or other services as required.
3.12. Bear all costs incident to compliance with the
requirements of this Section 3.
Page 6 of _21_pages
SECTION 4—PERIOD OF S,RVICE
4.1. The provisions of this Section 4 and the various
rates of compensation for ENGINEER's services pro-
vided for elsewhere in this Agreement have been agreed
to in anticipation of the orderly and continuous prog-
ress of the Project through completion of the Construc-
tion Phase. ENGINEER's obligation to render services
hereunder will extend for a period which may reason-
ably be required for the design, award of contracts and
construction of the Project including extra work and
required extensions thereto.
4.2. The services called for in the Study and Report
Phase will be completed and the Report submitted
within the stipulated period indicated in paragraph e. 1 . z.
..
Sep -jogs &ad_R4W@-1 " after authorization to
proceed with that phase of services.
4.3. After acceptance by OWNER of the Study and
Report Phase documents indicating any specific mod-
ifications or changes in the extent of the Project desired
by OWNER, and upon written authorization from
OWNER, ENGINEER shall proceed with the perfor-
mance of the services called for in the Preliminary
Design Phase, and shall submit preliminary design doc-
uments and a revised opinion of probable Project Cost
" after authorization to
proceed with that phase of services.
4.4. After acceptance by OWNER of the Preliminary
Design Phase documents and revised opinion of prob-
able Project Cost, indicating any specific modifications
or changes in the extent of the Project desired by
OWNER, and upon written authorization from
OWNER, ENGINEER shall proceed with the perfor-
mance of the services called for in the Final Design
Phase; and shall deliver Contract Documents and a
revised opinion of probable Project Cost for all work
of Contractor(s) on the Project
..
FUMMr
hers" after authorization to proceed with that phase
of services.
4.5. ENGINEER's services under the Study and Re-
port Phase, Preliminary Design Phase and Final Design
Phase shall each be considered complete at the earlier
of (1) the date when the submissions for that phase
have been accepted by OWNER or (2) thirty days after
the date when such submissions are delivered to
OWNER for final acceptance, plus such additional time
as may be considered reasonable for obtaining approval
of governmental authorities having jurisdiction over
design criteria applicable to the Project.
4.6. After acceptance by OWNER of the ENGI-
NEER'S Drawings, Specifications and other Final De-
sign Phase documentation including the most recent
opinion of probable Project Cost and upon written au-
thorization to proceed, ENGINEER shall proceed with
performance of the services called for in the Bidding
or Negotiating Phase. This Phase shall terminate and
the services to be rendered thereunder shall be consid-
ered complete upon commencement of the Construc-
tion Phase or upon cessation of the negotiations with
prospective Contractor(s) (except as may be otherwise
required to complete the services called for in para-
graph 6.2.2.5).
4.7. The Construction Phase will commence with the
execution of the first prime contract to be executed for
the work of the Project or any part thereof, and will
terminate upon written approval by ENGINEER of
final payment on the last prime contract to be com-
pleted. Construction Phase services may be rendered
at different times in respect of separate prime contracts
if the Project involves more than one prime contract.
4.8. If OWNER has requested significant modifica-
tions or changes in the extent of the Project, the time
of performance of ENGINEER's services and his var-
ious rates of compensation shall be adjusted appropri-
ately.
4.9. If OWNER fails to give prompt written authori-
zation to proceed with any phase of services after com-
pletion of the immediately preceding phase, or if the
Construction Phase has not commenced within teo
calendar days (plus such additional time as may be
required to complete the services called for under pars -
graph 6.2.2.5) after completion of the Final Design
Phase, ENGINEER may, after giving seven days' writ-
ten notice to OWNER, suspend services -under this
Agreement.
4.10. If ENGINEER's services for design or during
construction of the Project are delayed or suspended
in whole or in part by OWNER for more than three
months for reasons beyond ENOINEER's control,
ENGINEER shall on written demand to OWNER (but
without termination of this Agreement) be paid as pro-
vided in paragraph 5.3.2. If such delay or suspension
extends for more than one year for reasons beyond
ENGINEER's control, or if ENGINEER for any rea-
son is required to render services more than one year
Page 7 of —_2-c pages
after Substantial Completion, the various rates of com-
pensation provided for elsewhere in this Agreement
shall be subject to renegotiation.
4.11. In the event that the work designed or specified
by ENGINEER is to be performed under more than
one prime contract, OWNER and ENGINEER shall,
prior to commencement of the Final Design Phase,
develop a schedule for performance of ENGINEER's
services during the Final Design, Bidding or Negoti-
ating and Construction Phases in order to sequence-.
and coordinate properly such services as applicable to
the work under such separate contracts. This schedule
is to be prepared whether or not the work under such
contracts is to proceed concurrently
," and the pro-
visions of paragraphs 4.4 through 4.10 inclusive, will
be modified accordingly.
[The remainder of this page was left blank intentionally.]
Page 8 of _ U- _ pages
LUMP SUM METHOD OF PAYMENT
SECTION 5—PAYMENTS TO ENGINEER
5.1. Methods of Payment for Services and Expenses of
ENGINEER
5.1.1. For Basic Services. OWNER shall pay EN-
GINEER for Basic Services rendered under Section
g1.2 i Exhibit A as follows:A lump sum fee of $49.670.D0 including"
reimbursable expenses for services provided under Subsection 1.2
only.
I. One Prime Contract. If only one p
r
contract i ded for construction erials.
equipment and serve the e e jest, a lump
sum fee of S if the prime con-
tract contains c us or incentives provi-
sions fo tractor s)' basic compensation, a
sm"fle-e of S
2. Several Prime Contracts. If more t
one but e an separate prim tracts
are awarded for ction, ma s, equipment
and services for the enti ect, a lump sum fee
of $ , if any plimr,,ccntract con-
tains cost-p r incentive savings pro ' ' ns for
s)' basic compensation, a lump sum
5.1.2. For Additional Services. OWNER shall pay
ENGINEER for Additional Services rendered under
Section 2 as follows:
5.1.2.1. General. For Additional Services ren-
dered under paragraphs 2.1.1 through 2.1.17, inclu-
sive (except services covered by paragraph 2.1.7 and
services as a consultant*or witness under paragraph
2.1.16), on the basis of
of --for services rendered by principals and
employees assigned to the Project.
*a mutually agreed upon Lump, Sum fee.
5.1.2.2. Special Consultants. For services and
reimbursable expenses of special consultants em-
ployed bX ENGINEER pursuant to paragraph 2.1.7
or 2.1.17, the amount billed to ENGINEER therefor
times a factor of
*a mutually agreed upon Lump Sum fee.
5.1.2.3. Serving as a Witness. For the services
rendered by principals and employees as consultants
or witnesses in any litigation, hearing or proceeding
in accordance jith paragraph 2.1.16, at the rate of
$ 500• per day or any portion thereof (but com-
pensation for time spent in preparing to appear in
•for each person.
any such litigation, hearing or proceeding will be on
the basis provided in paragraph 5.1.2.1).
5.1.2.4. Resident Project Services.'For i�es'tdent
services during construction furnisher) tender para-
2h 2.2.1. ate asts o ayro Cost
ac for serv' red by princi-
and u -field offices in Ion-
a mutually agreed upon Per Diem rate subject to FAA acceptance.
5.1.3. For Reimbursable Expenses. In addition to
payments provided for in paragraph 5.1.2.3.
OWNER shall pay ENGINEER the actual costs of all
Reimbursable Expenses incurred in connection with
all Bn3ie em Additional Services.
5.1.4. The terms "Payroll Costs" and "Reimbursable
Expenses" will have the meanings assigned to them in
paragraph 5.4 which appears on the reverse side of this
page-
5.2. Times of Payments. -
5.2.1. ENGINEER shall submit monthly statements
for Basic and Additional Services rendered and for
Reimbursable Expenses incurred. The statements will
be based upon ENGINEER's estimate of the propor-
tion of the total services actually completed at the time
of billing. OWNER shall make prompt monthly pay-
ments in response to ENGINEER's monthly state-
ments.
5.3. Other Provisions Concerning Payments.
5.3.1. If OWNER fails to make any payment due EN-
GINEER for services and expenses within sixty days
after receipt of ENGINEER's bill therefor, the
amounts due ENGINEER shall include a charge at the
rate of 1% per month from said sixtieth day, and in
addition, ENGINEER may, after giving seven days'
written notice to OWNER, suspend services under this
Agreement until he has been paid in full all amounts
due him for services and expenses.
5.3.2. In the event of termination by OWNER under
paragraph 7.1 upon the completion of any phase of the
Basic Services, progress payments due ENGINEER
for services rendered through such phase shall consti-
tute total payment for such services. In the event of
such termination by OWNER during any phase of the
Basic Services, ENGINEER will be paid for services
rendered during that phase on the basis o
for services rendered dur-
*a mutually agreed upon Lump Sum fee.
Page 9 of_24._page;
ing that phase to date of termination by principals and
employees assigned to the Project. In the event of any
such termination, ENGINEER will be paid for all un-
paid Additional Services and unpaid Reimbursable Ex-
penses, plus all termination expenses. Termination ex-
penses mean Reimbursable Expenses directly attrib-
utable to termination, which shall include an amount
computed as a percentage of total compensation for
Basic Services earned by ENGINEER to the date of
termination, as follows:
20% if termination occurs after commencement of
the Preliminary Design Phase but prior to com-
mencement of the Final Design Phase; or
Mo if termination occurs after commencement of
the Final Design Phase.
5.4. Definitions.
5.4.1. The Payroll Costs used as a basis for payment
mean salaries and wages (basic and incentive) paid to
all personnel engaged directly on the Project, including,
but not limited to, engineers, architects, surveyors,
designers, draftsmen, specification writers, estimators,
other technical personnel, stenographers, typists and
clerks; plus the cost of customary and statutory bene-
fits including, but not limited to, social security contri-
butions, unemployment, excise and payroll taxes,
workers' compensation, health and retirement bene-
fits, sick leave, vacation and holiday pay applicable
thereto. For the purposes of this Agreement, the prin-
cipals of ENGINEER and their hourly payroll costs
are:
$45.00 / Hr.
The amount of customary and statutory benefits of all
other personnel will be considered equal to 37 q
of salaries and wages.
5.4.2. Reimbursable Expenses mean the actual ex-
penses incurred directly or indirectly in connection
with the Project for. transportation and subsistence
incideptal thereto: btaining bids or pro In
Contrac an nulg field office
facilities; subs' trans . en
resentatives and their assi trnts- toll tele-
phone calls and telegrams; reproduction of reports,
Drawings, Specifications, and similar Project -related
items in addition to those required under Section 1;
and, if authorized in advance by OWNER, overtime
work requiring higher than regular rates.
*(applicable to Section 5.1.2.)
[The remainder of this page was left blank intentionally.]
Page 10of_24_pages
SECTION 6—CONS17RUCTI0N COST AND
OPINIONS OF COST
6.1. Construction Cost.
The construction cost of the entire Project (herein re-
ferred to as "Construction Cost") means the total cost
of the entire Project to OWNER, but it will not include
ENGINEER's compensation and expenses, the cost
of land, rights -of -way, or compensation for or damages
to, properties unless this Agreement so specifies, nor
will it include OWNER's legal, accounting, insurance
counseling or auditing services, or interest and financ-
ing charges incurred in connection with the Project.
(Construction Cost is one of the items comprising Proj-
ect Costs which is defined in paragraph 1.2.5.] When
Construction Cost is used as a basis for payment it will
be based on one of the following sources with prece-
dence in the order listed for work designed or specified
by ENGINEER:
6.1.1. For completed construction work the total
costs of all work performed as designed or specified
by ENGINEER.
6.1.2. For work. designed or specified but not con-
structed, the lowesi bona fide bid received from a qual-
ified bidder for such work; or, if the work is not bid,
the lowest bona fide negotiated proposal for such work.
6.1.3. For work designed or specified but not con-
structed upon which no such bid or proposal is re-
ceived, the most recent estimate of Construction Cost,
or, if none is available, ENGINEER's most recent
opinion of probable Construction Cost.
Labor furnished by OWNER for the Project will be
included in the Construction Cost at current market
rates including a reasonable allowance for overhead
and profit. Materials and equipment furnished by
OWNER will be included at current market prices. No
deduction is to be made from ENGINEER's compen-
sation on account of any penalty, liquidated damages,
or other amounts withheld from payments to Contrac-
torW.
6.2. Opinions of Cost.
6.2.1. Since ENGINEER has no control over the cost
of labor, materials, equipment or services furnished by
others, or over the Contractor(s)' methods of deter-
mining prices, or over competitive bidding or market
conditions, his opinions of probable Project Cost and
Construction Cost provided for herein are to be made
on the basis of his experience and qualifications and
represent his best judgment as an experienced and qual-
ified professional engineer, familiar with the construc-
tion industry; but ENGINEER cannot and does not
guarantee that proposals, bids or actual Project or Con-
struction Cost will not vary from opinions of probable
cost prepared by him. If prior to the Bidding or Nego-
tiating Phase OWNER wishes greater assurance as to
Project or Construction Cost he shall employ an inde-
pendent cost estimator as provided in paragraph 3.8.
6.2.2. If a Construction Cost limit is established by
written agreement between OWNER and ENGI-
NEER, the following will apply:
6.2.2.1. The acceptance by OWNER at any time
during the Basic Services of a revised opinion of
probable Project or Construction Cost in excess of
the then established cost limit will constitute a cor-
responding revision in the Construction Cost limit
to the extent indicated in such revised opinion.
6.2.2.1 Any Construction Cost limit so established
will include a contingency of ten percent unless an-
other amount is agreed upon in writing.
6.2.2.3. ENGINEER will be permitted to deter-
mine what materials, equipment, component sys-
tems and types of construction are to be included in -
the Drawings and Specifications and to make reason-
able adjustments in the extent of the Project to bring
it within the cost limit.
6.2.2.4. If the Bidding or Negotiating Phase has not
commenced within six months after completion of
the Final Design Phase, the established Construction
Cost limit will not be binding on ENGINEER, and
OWNER shall consent to an adjustment in such cost
limit commensurate with any applicable change in
the general level of prices in the construction indus-
try between the date of completion of the Final De-
sign Phase and the date on which proposals or bids
are sought.
6.2.2.5. If the lowest bona fide proposal or bid ex-
ceeds the established Construction Cost limit,
OWNER shall (1) give written approval to increase
such cost limit, (2) authorize negotiating or rebidding
the Project within a reasonable time, or (3) cooperate
in revising the Project's extent or quality. In the case
of (3), ENGINEER -shall, without additional charge,
modify the Contract Documents as necessary to
bring the Construction Cost within the cost limit.
The providing of such service will be the limit of
ENGINEER's responsibility in this regard and, hav-
Page 11 of _n —pages
ing done so, ENGINEER shall be entitled to pay-
ment for his services in accordance with this Agree-
ment.
SECTION 7--GENERAL CONSIDERATIONS
7.1. Termination.
The obligation to provide further services under this
Agreement may be terminated by either party upon
seven days' written notice in the event of substantial
failure by the other party to perform in accordance
with the terms hereof through no fault of the terminat-
ing party.
7.2. Reuse of Documents.
All documents including Drawings and Specifications
prepared by ENGINEER pursuant to this Agreement
are instruments of service in respect of the Project_
They are not intended or represented to be suitable for
reuse by OWNER or others on extensions of the Proj-
ect or on any other project. Any reuse without written
verification or adaptation by ENGINEER for the spe-
cific purpose intended will be at OWNER's sole risk
and without liability or legal exposure to ENGINEER;
and OWNER shall indemnify and hold harmless EN-
GINEER from all claims, damages, losses and ex-
penses including attorneys' fees arising out of or re-
sulting therefrom. Any such verification or adaptation
will entitle ENGINEER to further compensation at
rates to be agreed upon by OWNER and ENGINEER
7.3. Controlling Law.
This Agreement is to be governed by the law of the
County of Monroe and the State of Florida.
7.4. Successors and Assigns.
7.4.1. OWNER and ENGINEER each binds himself
and his partners, successors, executors, administra-
tors, assigns and legal representatives to the other party
to this Agreement and to the partners, successors, ex-
ecutors, administrators, assigns and legal representa-
tives of such other party, in respect to all covenants,
agreements and obligations of this Agreement.
7.4.2. Neither OWNER nor ENGINEER shall as-
sign, sublet or transfer any rights under or interest in
(including, but without limitation, moneys that may
become due or moneys that are due) this Agreement
without the written consent of the other, except as
stated in paragraph 7.4.1 and except to the extent that
the effect of this limitation may be restricted by law.
Unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release
or discharge the assignor from any duty or responsi-
bility under this Agreement. Nothing contained in this
paragraph shall prevent ENGINEER from employing
such independent consultants, associates and subcon-
tractors as he may deem appropriate to assist him in
the performance of services hereunder.
7.4.3. Nothing herein shall be construed to give any
rights or benefits hereunder to anyone other than
OWNER and ENGINEER
[The remainder of this page was left blank intentionally.]
Page 12 of --?!!—pages
7.S. Arbitration-
7.5.1. All claims, counterclaims, disputes and other
matters in question between the parties hereto arising
out of or relating to this Agreement or the breach
thereof wr11 be decided by arbitration in accordance
with the Construction Industry Arbitration Rules of the
American Arbitration Association then obtaining, sub-
ject to the limitations and restrictions stated in para-
graphs 7.5.3 and 7.5.4 below. This Agreement so to
arbitrate and any other agreement or consent to arbi-
trate entered into in accordance herewith as provided
in this paragraph 7.5 will be specifically enforceable
under the prevailing arbitration law of any court having
jurisdiction.
7.5.2. Notice of demand for arbitration must be filed
in writing with the other parties to this Agreement and
with the American Arbitration Association. The de-
mand must be made within a reasonable time after the
claim, dispute or other matter in question has arisen.
In no event may the demand for arbitration be made
after institution of legal or equitable proceedings based
on such claim, dispute or other matter in question
would be barred by the applicable statute of limitations.
7.5.3. All demands for arbitration and all answering
statements thereto which include any monetary claim
must contain a statement that the total sum or value
in controversy as alleged by the party making such
demand or answering statement is not more than
$200,000 (exclusive of interest and costs). The arbitra-
tors will not have jurisdiction, power or authority to
consider, or make findings (except in denial of their
own jurisdiction) concerning, any claim, counterclaim,
dispute or other matter in question where the amount
in controversy thereof is more than $200,000 (exclusive
of interest and costs) or to render a monetary award
in response thereto against any party which totals more
than $200,000 (exclusive of interest and costs).
7.5.4. No arbitration arising out of, or relating to, this
Agreement may include, by consolidation, joinder or
in any other manner, any person or entity who is not
a party to this Agreement.
7.5.5. By written consent signed by all the parties to
this Agreement and containing a specific reference
hereto, the limitations and restrictions contained in
paragraphs 7.5.3 and 7.5.4 may be waived in whole or
in part as to any claim, counterclaim, dispute or other
matter specifically described in such consent. No con-
sent to arbitration in respect of a specifically described
claim, counterclaim, dispute or other matter in question
will constitute consent to arbitrate any other claim,
counterclaim, dispute or other matter in question which
is not specifically described in such consent or in which
the sum or value in controversy exceeds $200,000 (ex-
clusive of interest and costs) or which is with any ,party
not specifically described therein.
7.5.6. The award rendered by the arbitrators will be
final, not subject to appeal and judgment may be en-
tered upon it in any court having jurisdiction thereof.
(The remainder of this page was left blank intentionally.]
Page 13 of _22_pages
[This page was left blank intentionally.]
Page 14 of 29 _ pages
Revised 4110/79
SECTION 8—SPECIAL PROVISIONS, EXHIBITS and SCHEDULES.
8.1. This Agreement is subject to the following special provisions.
8.1.1.ENGINEER shall prepare the Site Selection Study Report and related additional
services, if authorized by OWNER, consistent with FDOT and FAA procedures and
criteria.
8.1.2. The services called for under the Study and Report Phase shall be completed
in accordance with a schedule to be agreed to in writing by the parties hereto.
8.1.3. The services called for under subsections 1.3; 1.4; 1.5 and 1.6, if, as and
when authorized by OWNER shall be the subject of mutually agreed upon scope.of
service statements stipulating lump sum fees by element for ENGINEER'S services
as supplementary agreements hereto and, to that extent, this agreement shall be
considered a continuing contract with respect thereto.
8.2. The following Exhibits are attached to and made a part of this Agreement:
8.2.1. Exhibit A "Scope of Services, Upper Keys Airport Site Selection Study."
8.2.2. Exhibit B "Duties, Responsibilities and Limitations of Authority of Resident Project Representative"
consisting of 2 pages.
8.2.3. Exhibit C "Title VI Assurances" is attached and made a part of this Agreement.
8.2.4. Exhibit D "Minority Business Enterprise (MBE) Assurances" is attached and
made a part of this Agreement.
8.2.5. Exhibit E "Certification of Engineer" is attached and made a part of this
Agreement.
8.3. This Agreement (consisting of pages 1 to 29 , inclusive), together with the Exhibits and schedules
identified above constitute the entire agreement between OWNER and ENGINEER and supersede all prior
written or oral understandings. This Agreement and said Exhibits and schedules may only be amended,
supplemented, modified or cancelled by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year
first above written.
OWNER: MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
C-e
1007
Chairmal►8'E���. 6p�a 14.y
ATTEST:
*1k
ENGINEER:
BR&R Associates, Inc. - PBS&J, Inc.
A Joint Venture
By: BR&R Associates, Inc.
Date /lam% / 7,
B PBS&J ,
Date Alftlo
WALTER L. REVELL PRESIDENT
Page L5- of _21- pages
i 5�fZ
Z—
EXHIBIT A
SCOPE OF SERVICES
UPPER KEYS AIRPORT SITE SELECTION STUDY
I. Facility Requirements
1.1 Inventory
1.2 Refine Forecasts
1.3 Determine Facility Requirements
1.4 Facility Development Costs
IL Inventory Study Area
21 Aerial Photos/Remote Sensing
2.2 Site Identification
2.3 Layout Sites
IIl. Evaluate Sites
31 Costs
3.2 Airspace
3.3 Capacity
3.4 Accessibility
3.5 Environmental
3.6 Other Considerations
IV. Document Selected Site
4.1 Site Selection Report
V. Coordination with Local, State and Federal Agencies, and the Public
5.1 Agency Liaison
5.2 Public Involvement -
PagelfLof 29 Pages
WORK SCOPE
UPPER KEYS AIRPORT SITE SELECTION STUDY
This study is being performed to identify a proposed location for a new General Utility
Airport in the Upper Keys, required to replace inadequate existing facilities. The Florida
Aviation System Plan (FASP) identified the need to replace Port Largo, since it cannot be
expanded to meet aviation needs in the Upper Keys and the existing facility is considered
unsafe by many users. The owners of the private Ocean Reef Flight Strip have also
indicated a desire to close their facility provided a public airport in the Upper Keys
becomes available. It is therefore well established that the Upper Keys are without
adequate aviation facilities to serve the existing public need and certainly this geographic
area cannot presently accomodate the growth in the number of small aircraft users that is
anticipated to occur in the near future. The following is a work scope for an airport site
selection study based upon FAA guidelines.
I. FACILITY REQUIREMENTS
This task establishes the need for a new facility and the various requirements necessary to
serve aviation and the community.
1-1 Inventory
An inventory of existing aviation facilities, existing and forecast activity,
etc. is first accomplished.
1.2 Refine Forecasts
Since the most current aviation demand forecast for the - Upper Keys are
more than five years old, they will be refined and updated based upon recent
demographic and aviation trends. Forecasts of activity and based aircraft
by type will be determined.
1.3 Determine Facility Requirements
Based upon the refined forecasts, facility requirements such as runway
length and width, aircraft parking apron, taxiways, hangars and ground
access will be determined. Gross land area requirements will be calculated
which will be used in identifiying potential airport sites.
1.4 Facility Development Costs
Preliminary capital costs required to develop the facility based upon
computed requirements will be first determined. These costs are refined as
the study progresses and specific sites are evaluated.
Page 17of 29 Pages
♦_ I
B. INVENTORY STUDY -AREA
A search -of the Upper Keys for potential airport sites is accomplished in this phase of the
study. Because of the limited developable land in the Keys only a few sites would be
expected to be identified.
21 Aerial Photography and Remote Sensing
The Florida Department of Transportation will be requested to provide
aerial photos and remote sensing analysis which will identify subsurface
conditions, vegetation, soils, etc. Such material will be used in the initial
search for potential sites.
2.2 Site Identification
Based upon preliminary analysis of sites, environmental factors, costs, land
ownership, etc., potential airport sites will be identified for the more
detailed investigation. This stage of the analysis takes place in the office
with relatively little field contact. More intense field analysis is required as
specific sites are evaluated.
2.3 Layout Sites
As specific sites are identified, required facilities are layed out on aerial
photographs of each for use in the field investigations. Thus the proposed
location of runways, taxiways, structures, etc. will be known to the
evaluation team for each specific site.
III. EVALUATE ALTERNATE SITES
Additional evaluation of each site will be performed against various factors. These
factors are used for comparison purposes to select the optimum site for the development
of a new General Utility Airport in the Upper Keys.
3.1 ' Costs
All individual site layouts will be evaluated for construction costs by adding
the basic facility costs to those peculiar to each site. The basic facility
costs will include the constant costs related to the airfield and terminal
area. Individual site costs will include the variable costs related to the land,
airfield, hangar area, utilities, etc. Unit costs will be developed for
estimating purposes by averaging the results from Florida DOT bid tabs for
the six month prior to accomplishment of this task.
3.2 Airspace
An airspace analysis of each site will be developed to determine
compatibility with enroute and terminal airspace within the region.
Conflicts with surrounding airports will be thoroughly examined. Imaginary
surfaces will be depicted for each site as prescribed in FAR Part 77. Areas
under the Part 77 surfaces will be reviewed for compatibility, and potential
obstructions will be identified. All airspace evaluations will be coordinated
with the FAA prior to submittal of the final airspace reports.
Page 1g of 29 Pages
C)
3.3 Capacity
L�
a. Comparative evaluation of airfield capacities will be made for each
site. Constraints on ultimate capacity, due to potential airspace
conflicts, will be quantified.
b. Where differences occur among sites, comparative capacity evaluations
will be made of hangar areas, aviation operating areas, and highway
access systems.
3.4 Accessibility
Determinations will be made of each site's accessibility to the users.
Driving time contour maps will be developed for each site. Data collected
during the inventory phase of this plan will be used to evaluate the
proximity to aviation users, population centers, commercial centers, etc.
3.5 Environmental
Environmental evaluations will be performed for each site to determine
relative advantages and/or disadvantages in seven primary areas of concern.
The areas of- evaluation are categorized as follows:
a. Noise
b. Air Quality
c. Water Quality
d. Vegetation
e. Wildlife
f. Wetlands
g. Secondary affects; to include affects on urbanization, economic growth,
public facilities, public transporation, public housing, etc.
3.6 Other Considerations
This task encompasses other considerations not included in the general
categories of Task 3.1 through Task 3.5. These considerations will be of a
nature which is difficult to quantify but which can affect the quality of a
site. To illustrate, a brief list of possible consideration is given below:
- Potential for effective land use controls
- Ease of land purchasing or acquisition
- Easments or encumbrances on property
- Site expandability, both laterally and longitudinally
- Encouragement of desirable urban growth trends.
- Compatability of site(s) with land use and transportaion elements of the
County's comprehensive plan.
A review meeting will be held to include a visit to all sites under evaluation
by the technical team with State Agency, FAA and local officials involved in
environmental regulations at the completion of Tasks 3.1 - 3.6 and prior to
preparation of environmental sections of the report.
Page 19 of 2�ages
IV. DOCUMENT SELECTED SITE
4.1 Site Selection Report
A comprehensive site selection. report will be prepared to document the
results of Tasks I through M. The report will contain necessary figures,
maps, charts, graphs, and illustrations to fully substantiate the evaluations
and conclusion of the site selection analysis. Complete discussion of the
estimated cost, airspace, capacity, accessibility, environmental and other
considerations for each site will be included in the Site Selection Report
while the Summary Report will contain a summary of the characteristics of
the selected site. The report will contain graphics which can be easily
photographed for slide presentations.
V. COORDINATION WITH LOCAL, STATE AND FEDERAL AGENCIES AND THE PUBLIC
5.1 Agency Liaison
Throughout the development of the site selection study, close coordination
will be maintained with the FAA, the FDOT, the Board of County
Commissioners, the Upper Keys Airport Advisory Committee, and the County
Airport Director.
5.2 Public Involvement -
At the conclusion of Tasks I through His a minimum of two public workshop
meetings for purposes of obtaining input from interested citizens and groups
on all identified alternative sites will be held in the Upper Keys with
appropriate media announcements of timing and location. Specific
invitations will be extended to the Upper Keys Citizens Association, the
Upper Keys and Islamorada Chambers of Commerce, the Izaak Walton
League, Keys Chapter, the Florida Keys Citizens Coalition, the Florida Keys
Chapter of the Audobon Society, the Taxpayers League of the Florida Keys
and any other concerned organizations. Additional workshop meetings as
desired or called for by the County will constitute extra work to be paid for
on a time and out-of-pocket expense basis.
Page,ZD__of 2g Pages
�,_ r V,_: I
IV. DOCUMENT SELECTED SITE
4.1 Site Selection Report
A comprehensive site selection report will be prepared to document the
results of Tasks I through III. The report will contain necessary figures,
maps, charts, graphs, and illustrations to fully substantiate the evaluations
and conclusion of the site selection analysis. Complete discussion of the
estimated cost, airspace, capacity, accessibility, environmental and other
considerations for each site will be included in the Site Selection Report
while the Summary Report will contain a summary of the characteristics of
the selected site. The report will contain graphics which can be easily
photographed for slide presentations.
V. COORDINATION WITH LOCAL, STATE AND FEDERAL AGENCIES AND THE PUBLIC
5.1 Agency Liaison
Throughout the development of the site selection study, close coordination
will be maintained with the FAA, the FDOT, the Board of County
Commissioners, the Upper Keys Airport Advisory Committee, and the
County -Airport Director.
5.2 Public Involvement
At the conclusion of Tasks I through III, a minimum of two public workshop
meetings for purposes of obtaining input from interested citizens and groups
on all identified alternative sites will be held in the Upper Keys with
appropriate media announcements of timing and location. Specific
invitations will be extended to the Upper Keys Citizens Association, the
Upper Keys and Islamorada Chambers of Commerce, the Izaak Walton
League, Keys Chapter, the Florida Keys Citizens Coalition, the Florida Keys
Chapter of the Audobon Society, the Taxpayers League of the Florida Keys
and any other concerned organizations. Additional workshop meetings as
desired or called for by the County will constitute extra work to be paid for
on a time and out-of-pocket expense basis.
Page 21 of 2�ages '
sclro�ula�ut
txt;tttitDts
�tat�1 nr•
Exhibit `c B" to Standard Form of Agreement
Betwe
en Owner and Engineer for Professional Services
(NSPE 1910-1, 1970 Edition)
Duties, Rcsponstbilities and Limitations of the Authority of Resident Project Representative
cmc[ML
Res;dcot Project Representative is ENGINEER's Agent and will ad as directed by and under the supervision of
ENGINEER He will confer with ENGINEER regarding his actions. His dealings in matters pertaining to the
on -site Work shall in general be only with ENGINEER and CONTRACTOR- His dealings with subcontractors
shall only be through or with the full knowledge of CONTRACTOR or his superintendenL He will generally
communicate with OWNER only through or as directed by ENGINEER.
Duties and Respoasribw6es.
Resident Project Reprcscntative will:
1. Schedules: Review the progress schedule. schedule of Shop Drawing submissions and schedule of values prepared
by CONTRACTOR and consult with ENGINEER concerning their acceptability.
2. C'oa/crnces Attend p reconstruction conferences. Arrange a schedule of progress meetings and other job
conferences as required in consultation with ENGINEER and notify those expected to attend in advance. -At-
tend meetings, and maintain and circulate copes of minutes thereof.
3' Liaison. working throe CONTRACTOR's superin-
,crve as ENGINEER s liaison with CONTRACTOR. g
tendent and assist him in understanding the intent of the Contrail Documents. Assist ENGINEER in serving
as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on -site open-
- hone assist in obtaining from OWNER additional details or information. when
b. As requested by ENGINEER.
required at the job site for proper execution of the Work.
�, Alert CONTRACTOR directly and through his superintendent, to the hazards involved in accepting or ,d-
ing upon instructions from OWNER or others, except instructions transmitted through ENGINEER of himselL
4. Shop Drawings and Sampler•
a- Receive and rzrd date of receipt of Shop Drawings and samples which have been approved by ENGI-
ro
NEF-R-
furnished at the site by CONTRACTOR for ENGINEER'S approval, and no-
b. Receive samples which arc
tify ENGINEER of their availability for examination.
c- Advise ENGINEER and CONTRACTOR or his superintendent immediately of the commencement of any
Work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGI-
NEER.
3. Review of Work, Rejection of Defective Work, Inspectionx and Testes
a. Conductcct
in accordanceowithns of thethe
Contract Documents and that co petted rWork will rconforrmng that �to thehe ,M-
is prvcacdiag
in
quirements of the Contract Documents
at a
Documents -
never he believes t
b. Report to ENGINEER whehny Work is unsatisfactory, faulty or defective or does not
conform to the requirements of the Contract Documcnu, or doe not mezi the requirements of any inspections.
tests or approval required to be made; and advise ENGINEER when he believes Work should be corrected or
rejected or should be uncovered for observation, or requires special testing or inspection.
L Verify that fats, equipment and systems startups and operating and maintenance instructions are conducted
cr of the
asrequired by the
Crecords thereof;
f; obscrvc, record and reportrtouENGINNEER apP Pnate detathat ilsCTO
relative to
rosts and in prcscn
in arms adcq
the test procedure and stirrups.
tV-'i ��Sir�' of PmfP�ibe s+�f:Z�2ye k. x.w_ Wubiaston. D.0 2l)006 .
rcmrd the ou-Lmme of these inspections and report to ENGINEER-
6, -InterpretadDn d/ Contract Documents: ,Transmit to CONTRACTOR ENGINEER's clarifications and interpm-
rations of the Contract Documents-
7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in -Drawings or Specifi-
cations and report them with recommendations to ENGINEER -
d. Rccordr
a. Maintain at the job site orderly files for correspondence. reports of job conferences, shop drawings and
samples submissions, reproductions of original Contract Documents including all addenda, change orders. field
orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications
and interpretations of the Contract Documents, progress reports. and other Project related documents.
b. Keep a diary or log book. recording huu" on the job site. weather conditions, data relative to questions of
,extras or deductions, list of visiting officials, daily activities, decisions. observations in general and specific obser-
vations in more dcul as in the case of observing test procedures_ Send topics to ENGINEER
C. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major sup-
pliers of equipment and materials.
9. Reporw -
s_ Furnish ENGINEER periodic reports as required of progress of the Work and CONTRACTOR's compliance
With the approved progress schedule and schedule of Shop Drawing submissions.
b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of
the work.
10. Payment Regaisitivns. Review appl;cafions for payment with CONTRACTOR for compliance with the cstab-
rished procedure for their submission and forward them with recommendations to ENGINEER, noting par-
-6cularly tbar relation to the schedule of values. Rork completed and materials and equipment delivered at the _
site. -
11. Guarantees, Certificates, Maintenance and Oprratinn Manuals: During the course of the Work, verify that guar-
antees, certificates, maintenance and operation manuals and other data required to be assembled and furnished
by CONTRACTOR arc applicable to the items actually installed; and deliver this material to ENGINEER for
bis review and -forwarding to OWNER prior to final acceptance of the Project
12- Completion_-
i Before ENGINEER issues a Certificate of Substantiat Completion. submit to CONTRACTOR a list of ob-
served items requiring correction. - - - - -
b. Conduct final irnpection in the c ftpany of ENGINEER. OWNER and CONTRACTOR and prepare a final
tut of items to be corrected.
c- Vcrify that all items on final fist have been corrected and make recommendations to ENGINEER concerning
acrcptancc -
UmUz6ons of Authority.. -
Except upon written instructions of ENGINEER, Resident Project Reprc3ent2tive:
1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equip-
ment .
: -
2. Shan not under!21C any of the r-sporuibilitics of CONTRACTOR. subcontractors or CONTRACTOR's superin-
tcndcnL
3. Shall not capaditc Work for the CONTRACTOR-
4- Shall not adv-ise on or issue directions relative to any aspect of the means, methods. techniques. sequences or pro-
eedurm of construction unless such is spccifiwily called for in the Contract Documents.
S. Shan not advise on or issue directions as to safety precautions and programs in canncction with the Work-
6. Shall not autborize OWNER to occupy the Project in whole or in put- -
T Shall not pnrvapatt in spe:6aliznd field or laboratory tots.
Page 23 of 29 pages
T1TLE VI ASSURANCES
During the. performance of this contract, the Engineer, for itself, its assignees
and successors in interest agrees as follows:
A. Compliance with Regulations. The Engineer shall comply with the
Regulations relative to nondiscrimination in federally assisted programs
of the Department of. Transportation (hereinafter, "DOT") Title 49, Code
of Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this -Agreement.
B. Nondiscrimination. The Engineer, with regard to the work performed
by it during the Agreement, shall not discriminate on the grounds of race,
color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The Engineer
shall not participate either directly or indirectly in the discrimination
prohibited by section 21.5 of the Regulations, including employment practices
when the Agreement covers a program set forth in Appendix B of the Regulations.
C. Solicitations for Subcontracts, Including Procurements of Materials
and Equipment. In all solicitations either by competitive bidding or
negotiation made by the Engineer for work to be performed under a sub—
contract, including procurements of materials of leases of equipment,
each potential subcontractor or supplier shall be notified by the Engineer
of the Engineer's obligations under this Agreement and the Regulations
relative to nondiscrimination on the grounds of race, color, or national
origin.
D. Information and Reports. The Engineer shall provide all information
and reports required by the. Regulations 'or directives issued pursuant
Exhibit C
Page 24 of 2�ages
thereto'and shall permit access to its books, records, accounts, other
sources of information, and its facilities as may be determinated by the sponsor
(Owner) or the Federal Aviation Administration (FAA) to be pertinent':to
arcm- tain compliance with such Regulations, of]deri, and intructions.
Where any information required of a contractor is in the exclusive pos—
session of another who fails or refuses to furnish this information, the
Engineer shall so certify to the sponsor (Owner -)or the FAA, as appropriate,
and shall set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance. In the event of the Engineer's non—
compliance with the nondescrimination provisions of the Agreement, the
sponsor (Owner) shall impose such contract sanctions as it or the FAA may
determine to be appropriate including, but not limited to:
(1) withholding of ,payments to the -Engineer under the Agreement
until the Engineer complies, and /or
(2) cancellation, termination, or suspension of the Agreement, in
whole or in part.
F. Incorporation of Provisions. The Engineer shall include the provisions
of paragraphs A through E in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto. The Engineer shall take such action
with respect to any subcontract or procurement as the sponsor (owner) or the
FAA may direct is a means of enforcing such provisions including sanctions
for noncompliance. Provided, however, that in the event the Engineer
becomes involved in, or is threatened with, litigation with a subcontractor
or supplier as a result of such direction, the Engineer may request the
Exhibit C
Page 25 of 29 Pages
the -sponsor (Owner) to enter into such litigation to protect the interests
of the sponsor (Owner) and, in addition, the Engineer may request the
United States to enter into such litigation to protect the interests. of
the United States.
Exhibit C
Page 26 of 29ages
MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES
A. Policy. It is the policy of the Department of
Transportation (DOT) that minority business enterprises
as defined in 49 CFR Part 23 shall have the maximum
opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this.
Agreement. Consequently, the MBE requirements of 49 CFR
Part 23 apply to this Agreement.
B. MBE Obligation. The Engineer agrees to insure that
minority business enterprises as defined in 49 CFR Part 23
have the maximum opportunity to participate in the performance
of contracts and subcontracts financed in whole or in part
with Federal funds provided under this Agreement_ In this
regard, the Engineer shall take all necessary and reasonable
steps in accordance with 49 CFR Part 23 to insure that -
minority business enterprises have the maximum opportunity to -
compete for and perform contracts. The Engineer shall not
discriminate on the basis of race, color, national origin, or
sex in the award and performance of DOT -assisted contracts.
Exhibit D -
Page_27_of 29 Pages
i
UPPER KEYS AIRPORT
SITE SELECTION STUDY
STA1E FLORIDA
CERTIFICATION OF ENGINEER
I hereby certify that I am the . President and duly authorized
representative of the firm of RR F, R 4Sanriare4;. Tnc , whose address is
11,;? rn-•al TJa-. W; M,; Flnrida 331ZA , and that neither I nor the
above firm I here represent has:
(a) employed or retained for a couunission, percentage. ,brokerage,
contingent fee, or other consideration, any firm or person (other than a
bona fide employee working solely for me or the above consultant) to solicit
or secure this contract.
(b) agreed, as an express or implied condition for obtaining this
contract, to employ or retain the services of any' firm or person in
connection with carrying out the contract, or
(c) paid or agreed to pay to any firm, organization, or person (other
than a bona fide employee working solely _for me or the above consultant) any
fee, contribution, donation, or consideration of any kind for, or in connection
jith, procuring or carrying out the contracts; except as here expressly
stated (if any):
have acknowledge that this certificate is to be furnished to the Federal
►vition Administration of the United States' Department of Transportation,
_n connection with this contract involving participation of Airport
levelopment Aid Program (ADAP) funds and is subject to applicable state
nd,Federal laws, both criminal and civil.
Date �r
Patrick . Rebul , P.E.
President
Exhibit E -
Page 28of 29 pages-
UPPER KEYS AIRPORT
SITE SELECTION STUDY
STATE FLORIDA
CERTIFICATION OF ENGINEER
I hereby certify that I am. the ASST. SECRETARY and duly authorized
representative of the firm of PBSJ, INC. , whose address is
6850 SW 40th. Street, Miami, Fla. 33155 and that neither I' nor the
above firm I here represent has:
(2) employed or retained for a commission, percentage brokerage,
contingent fee, or other consideration, any firm or person (other than a
bona fide employee working solely for me or the above consultant) to solicit
or secure this contract_ _
(b) agreed, as an express or implied condition for obtaining this
contract, to employ or retain the services of any firm or person in
connection with carrying out the contract, or
(c) paid or agreed tti pay to any firm, organization, or person (other
than a bona fide employee working solely for me or the above consultant) any
fee, contribution, donation, or consideration of any kind for, or in connection
with, procuring or carrying out the contracts; except as here expressly
stated (if any): - •
I have acknowledge that this certificate is to be furnished to the Federal
Avition Administration of the United States' Department of Transportation,
in -connection with this contract involving participation of Airport -
Development Aid Program (ADAP) funds and is subject to applicable state
and, Federal laws, both criminal and civil_
1671 l of 2l
EO GE E. PERRIN
ASST. SECRETARY
Exhibit E
n__ 1)n _r nn