Resolution 282-1989
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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
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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
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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
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. 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.
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