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Resolution 282-1989 ".. .- Monroe County Commission RESOLUTION NO. 282-1989 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A STRUCTURAL SURVEY AGREEMENT BETWEEN MONROE COUNTY, FLORIDA, AND JENKINS & CHARLAND, INC. CONCERNING THE TRUMAN ELEMENTARY SCHOOL FACILITY LOCATED IN KEY WEST, FLORIDA. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute a Structural Survey Agreement between Monroe County, Florida, and Jenkins & Charland, Inc., a copy of same being attached hereto, concerning the Truman Elementary School facility located in Key West, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 23rd day of May, A.D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: #Jl;;Jdg MAYOR/ I t-f.AN (Seal) At te s t : DANNX 1... KOLHAGE, Clerk ~"~~~~ C;Z ....... TO/IOIIM AND LEGAL ItMItfI1fCY. ~ / BY- .<; ;~,. L ';",' ,_ ';( ,", ~:,r) 1_: .' . ;J L , " ,I Uti. OdUJ:3J uJJ 0311.:1 STRUCTURAL SURVEY AGREEMENT THIS AGREEMENT is made and entered into on May 23, 1989, by and between Monroe County, Florida, a political subdivision of the State of Florida, hereinafter County, and Jenkins and Charland, Inc., hereinafter Consultants, WIT N E SSE T H WHEREAS, the County has recently purchased a building known as the Truman Elementary School Facility in Key West, Florida; and WHEREAS. such Facility. before it can become useful for County purposes, must undergo renovation; and WHEREAS, due to the age of the Facility it is necessary to perform a structural survey in order to ascertain the extent of the renovations needed to make the Facility useful for County offices and record storage; and WHEREAS. the Consultants represent that they are qualified to conduct such a survey; NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter contained, the parties agree as follows: 1. Scope of Professional Services. a) The Consultants shall provide an in-depth structural integrity inspection and electrical and plumbing survey of all the buildings at the site of the Truman Elementary School Facility in Key West, Florida, and provide a report thereon to the County's Director of Public Works. The report shall address all previous renovations, additions and corrective repairs. b) The Consultants shall use all means necessary, including qualified engineering testing laboratories,~to perform Swiss hammer tests (correlation cores requires per A.S.T.N. C-805), concrete core samples (10 cores), X-ray photographs of reinforcing (10 shots', ultra-sonic testing (20 locations to be tested), other appropriate material tests in accord with A.S.T.M. standards and procedures to determine: the present lateral load (wind resistance', live and dead load floor capacity, the condition of the wood framing, roof members and concrete structural members of the existing buildings. Except where the number of tests is otherwise specified in this agreement, the number of tests performed shall be adequate to provide sufficient information for a thorough analysis of existing conditions. c' The report shall include a comprehensive pre-design statement of probable costs for all corrective actions required to bring deteriorations and deficiencies to serviceable compliance with the Standard Building Code, including the NFPA fire protection code, safety and handicapped access requirements, and compliance with the prospective loading capacity compatible with the use of the Facility buildings for general office purposes and the storage of County records. d) The report produced shall also include the complete documentation of the condition of the existing building as revealed by the various surveys and inspections, all drawings of remedial repairs or deficiencies that were prepared for pricing purposes, copies of all photographs (including x-rays) taken, and the reports of any subcontractors. e) The survey and inspection shall be completed and the report delivered to the County's Director of Public Works no later than seventy (70) days after the date first written above except that the Director may extend, in writing, the completion and delivery date for good cause shown. 2. Compensation. a) Upon completion of the survey and inspection and 2 ---1- -'.~- --'~-._---. .._---,,_._-_..~ ._---...._-_.._.-~ -_. - ~-....--...._.. the delivery of four copies of a report the County shall promptly pay the Consultants Forty-eight Thousand Two Hundred ($48,200.00) Dollars for consultant fees and no more than Seven Thousand Five Hundred ($7,500.00) Dollars for testing fees. b) In the event that plumbing or electrical reinspections are necessary after the delivery of the report to the County, the parties may negotiate a subsequent agreement for such reinspections upon such terms as they may agree. c) In the event the parties agree to an alteration in the scope of services which results in an increase in the tasks required of the Consultants, the Consultants shall receive the additional compensation according to the following schedule: Principal Engineer or Architect----- $100.00 per hour Professional Engineer -------------- $ 75.00 per hour Staff Engineer --------------------- $ 65.00 per hour Draftsperson ----------------------- $ 50.00 per hour Technician ------------------------- $ 45.00 per hour Clerical --------------------------- $ 30.00 per hour Per Diem --------------------------- $100.00 per day Mileage ---------------------------- $ .30 per mile No alteration in the scope of services may occur without the approval of the County's Board of County Commissioners. Any addi.tional work performed by Consultants without such approval shall be at the Consultants' expense. d) The compensation set forth in this paragraph shall constitute the full amount due the Consultants under this agreement and shall include all expenses, of whatever nature, incurred by the Consultants in the performance of this agreement. 3. Notice to Proceed. The execution of this agreement shall constitute the notice to Consultants to proceed and they shall do so in a timely fashion but in no event later than twenty-one (21) days after the 3 day and year first written above except that the County's Direc- tor of Public Works may, in writing, extend the commencement date for good cause shown. If the air monitoring results show asbes- tos abatement is required the project will be suspended until abatement is complete. 4. Warranties. The inspections, surveys and report prepared by the Consul- tants shall not constitute an implied warranty that there are not defects present which may be undetectable using the best current professional techniques available or which a professional engi- neer could not have reasonably assumed to be present. 5. The Consultants shall employ no subcontractors to perform any of the tasks set forth in the scope of services without the prior written approval of the County's Director of Public Works except that Jeff Falkanger, Architect and Todd W. Carey Associates, Inc., may be employed without any further approval. The utilization of an engineering laboratory by Consultants shall not be considered subcontracting for the purposes of this paragraph. 6. Hold Harmless. The County shall hold the Consultants harmless damage to the Truman Elementary School Facility, or for any for any damage or loss to contents thereof, occasioned by the Consultants in the course of conducting the survey. 7. County Provision of Support Personnel. If requested by the Consultants, the County shall promptly provide personnel for: any necessary selective demolition; the moving of scaffolding, ladders; and other nontechnical assis- tance. The County shall also promptly provide, when requested by the Consultants, any ladders, scaffolding or cherry pickers needed to gain access to various parts of the Truman Elementary School Facility during the course of the survey. 8. The Consultants warrant that no person has been em- ployed or retained to solicit or secure this contract ~pon an agreement or understanding for a commission, percentage, broker- age, or contingent fee and that no member of the County has any 4 \ . interest, financially or otherwise, in the Consultants or its subcontractors. For breach or violation of this warranty, the County shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 9. The Consultants agree that they will not discriminate against any of their employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all Federal and State laws regarding non-discrimination. The Consultants further agree to insert the foregoing provisions in any subcontract hereunder, except subcon- tracts for standard commercial supplies or raw materials. 10. This writing constitutes the whole and complete memorialization of the agreement between the parties and sets forth all the terms thereof. IN WITNESS WHEREOF, the parties have executed this agreement at the Key Colony Beach City Hall, Key Colony Beach, Florida, on the date and year first written above. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor/Chairman (SEAL) Attest: Clerk Mc&t~ //2E.;. JENKINS AND CHARLAND, INC., An officer duly authorized by the corporation to enter into agreements on behalf of the same. - . -; /J" 'c ~h-'W1 tnes's'C( . / /, ~'_.,. '4' i," . _.... , '" . ~-- ,/ - I 1 ,'1 ," I, /c (",,' ,( _ I . F ~ !.A~.: <"jI (, fL (' -/ , W1-ttl ss 5 A/'MOVED AS TO FORM AND LEGAL SUFF1C;;;~~ 8yf7~~~ NtOfMY"