Resolution 393-1988
>> .
Monroe County Commission
RESOLUTION NO. 393 -1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, RESCINDING
RESOLUTION NO. 297-1988 AND AUTHORIZING THE
MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A NEW
CONTRACT BETWEEN SEDWAY COOKE ASSOCIATES AND
MONROE COUNTY, FLORIDA, REGARDING THE
DEVELOPMENT OF A COMMUNITY PLAN.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that Resolution No. 297-1988 is hereby
rescinded and the Mayor/Chairman of the Board is hereby
authorized to execute a new contract between Sedway Cooke
Associates and Monroe County, Florida, a copy of said contract
regarding the development of a community plan being attached
hereto and made a part hereof.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 16th day of August, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By g~",-~
May a1rman
(Seal)
Attest: nANNY L. KOLHAGE, Clerk
4J.~~1~/f)~
~a Oftf 6Z!IV ..
AP.~ttTO FORM
AN. . U tJ CIENCY.
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BY I
Attorney's OHice
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CONTRAqT
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THIS CONTRACT, made and entered into this J'~~
day of
1988, by and between Monroe County, Florida, a political
subdivision of the State of Florida, hereinafter referred to as
"COUNTY" and Sedway Cooke Associates, 240 North Washington
Blvd., Suite 313, Sarasota, Florida 33577, hereinafter referred
to as "CONSULTANTS".
WIT N E SSE T H:
WHEREAS, the COUNTY desires to develop a Community Plan for
Big Pine Key and the Big Pine Key Area of Critical County Con-
cern hereinafter "COMMUNITY PLAN", regarding the development in
the Big Pine Key area; and
WHEREAS, the CONSULTANTS represent that they are profession-
ally qualified to produce such a plan for subsequent legislative
adoption by Monroe CountYi and
WHEREAS, the COUNTY desires to employ the CONSULTANT to
produce such a plan;
NOW, THEREFORE, in consideration of the mutual covenants and
conditions hereinafter contained, the COUNTY does hereby employ
the CONSULTANT and the CONSULTANT hereby accepts the employment
with the conditions and covenants which follow.
Article I - Financing
Section 1.
The ~unding for the services required' under this CONTRACT
shall be provided to the CONSULTANT in .the amount of $70,600;
$30,000 of that amount shall be provided by the COUNTY through
Monroe County Growth Manage~nt Department's
(hereinafter
- .
referred to as "DEPARTMENT") DCA a.ssis'tance grant; the remaining
-
$40,600 shall be provided. by the OOUNTY through DEPARTMENT
.
funds.
All payments shall be made according to the schedules
...
, .
described .in Article III of this CONTRACT.
However, the COUNTY
shall not be obligated to compensate the CONSULTANT beyond
$40,600 unless the additional funds are forthcoming from the
Department of Community Affairs, and the CONSULTANTS hereby
specifically acknowledge that the COUNTY's obligation for
compensation to the CONSULTANTS
under the terms of this
CONTRACT is $40,600.
The total payntent for the services and
work products produced. by the CONSULTANT shall not exceed
$70,600 except as a mutually agreed upon amendment to this
CONTRACT for additional professional services not described in
Article I I, Scope of Professional Services, or and as provided
in Article V, Section 1, of this CONTRACT.
Article II - Scope of Professional Services
Section 1.
The CONSULTANT agrees to provide professional services in
accord with the following requirements
a) Task 1.0: Project Organization.
i) Task 1.1 Organizational Meeting.
The CONSULTANT shall initiate a workshop with
members of the project team and the staff of applicable
County Departments.
This meeting should include, but
not be limited to representatives from the National Key
Deer Refuge (U.S. Fish and Wildlife Service), The
Monroe County Land Authority, and Florida Game and
F~eshwater Fish Commission. The meeting will serve the
purposes of, but not be limited to:
1.
. .
Organizing and~tructuring the project team;
2.
- .
Scheduling work ~ssignments and production;
Establishi~g operatiOnal procedures;
3.
.
4. Establishing contacts for information
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3. Production of a property tax impact analysis
for Monroe ,County as it relates to Big Pine Key
and the acquisition of lands on that Key for con-
servation purposes.
4. Production of an analysis of the need for in-
frastructure and capital facilities improvements
for Big Pine Key projected over a twenty (20) year
horizon.
The CONSULTANT will work with County staff to organize
the information gathered into a coherent comprehensive
library of relevant data on the Big Pine Key area.
This will be formatted in accordance with library facil-
ities already established with the County.
iii) Task 1.3: Preparation of Project Area Base Maps.
The CONSULTANT shall identify appropriate project
area base maps using available information provided by
the County and other sources.
Each base map shall be
developed at two scales; one scale appropriate for
public presentation and one scale appropriate for
promulgation in working papers, planning documents, and
the final product adopted into the Comprehensive Plan
and Development Regulations.
The CONSULTANT will be
principally
responsible
for
the
professional
preparation and finishing of these maps; the COUNTY
will provide appropriate information for this process.
iv) Task 1.4: Establish Public,Participation Schedule.
Before, during or upon completion of Task 1 (Arti-
cle II, Section l(a) the CON~mLTANT will establish in
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cooperation with County staff a schedule and target
dates for public w.orkshops \..Ihich will be an integral
.
part of this project and the requirements of this
4
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CONTRACT.
The framework of this schedule will
establish the intent and focus of each public workshop
contemplated.
v) Task 1.0 Summary of Work Products
1. Organization Workshop with County staff;
2. Creation of Resource Library of Existing
Materials; .
3. Project Area Base Maps;
4. Community Participation Schedule and Framework.
b) Task 2.0: Inventory and Data Preparation.
1) Task 2.1: Overlay Mapping.
The CONSULTANT will prepare a series of overlay
maps prepared to identify existing characteristics of
the Big Pine Key study area.
These shall be prepared
as overlays to the area base maps, and, shall be
provided
in
composite
blackline
mylar
for
the
purpose of promulgation in the various working papers,
planning documents, and revisions to the Comprehensive
Plan and Land Development Regulations. The individual
overlays will be designed to be placed di~ectlY on the
appropriate base map in order to provide a visual
composite of baseline conditions.
The overlay map
series will consist of the following:
1. Existing Vegetative Conditions;
2. Existing Land Use Conditions;
3. Critical Deer Habitat A~eas;
4. Community Character;
5. Comprehensive band Use Districts (existing
and proposed);
6. Existing S~bdivision.~
.
7. Percentages of Developed Lands;
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8. Density Distribution;
9. Traffic ,Circulation Patterns (based on
relative numeric values in trip generation);
10.
Existing
Infrastructure
and
Capital
Facilities.
County staff shall provide the information for
these maps; the CONSULTANT shall be responsible for
modification of information, refinement for mapping,
and professional preparation.
The number and content
of the overlay maps may be altered dependent on need
and by an amendment to the CONTRACT where addi tional
costs will be involved.
ii) Task 2.2: Population and Housing Units
The CONSULTANT will identify both seasonal and
residential population values for Big Pine Key.
They
will provide housing unit type as a part of this
analysis and assess household make-up. In addition to
other sources, the CONSULTANT shall use existing census
information, Comprehensive Plan, planning area data,
and building permit data to assess this portion of the
project.
iii) Task 2.3: Nonresidential Development.
The CONSULTANT will compile information concerning
commercial and industrial development on Big Pine Key.
This information will be summarized by type, square
footage,
land area,
floor area ratio,
and zoned
vacant/undeveloped land.
Exi s~ing nonconforming uses
will
also be
Other non~residential developments
ide~\~fied; 'including utilities,
will
be noted.
government buildings, churches and recreation areas.
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iv) Task 2.4: Transportation.
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The CO~SULTANT will consider the following major
arteri al and access roads:
U. S. Highway 1, Key Deer
Boulevard, Wi lder Road, Watson Road, Ships Way, Yacht
Club Drive, Avenue B (Palm Villa Subdivision), Old
County Road 4A, and Matthew Road during all phases of
the transportation study.
The CONSULTANT will consider
key intersections for each road.
These will include
intersections at U.S. 1, Key Deer Boulevard and Wilder
Road, U. S. 1 and Ships Way, U. S. 1 and Industrial
Avenue, U. S. 1 and State Road 940, U. S. 1 and Watson
and Key Deer Boulevard, Watson Road, Matthew Road and
Avenue
B
(Palm
Villa
subdi vi sion) ,
Key
Deer
Boulevard,Miami Avenue, and Big Pine Street.
The CONSULTANT will collect available traffic
data and counts from the COUNTY and Florida Department
of Transportation.
The CONSULTANT will provide an
inventory of the physical character of identified
arterial and collector roads in Big Pine Key to
document the pavement type, width, condition, and
right-of-way width.
The CONSULTANT will quantify
travel by mode, and provide average daily and peak hour
traffic counts on the identified arterial and collector
roads as it relates to seasonal and peak hour use.
Since traffic data taken during the months of the study
will not represent seasonal use, the CONSULTANT will be
required to review available seasonal counts or provide
a
basis
for
estimating
such
counts
through
quantification of seasonal' water and electric use and
~unicipal Service District "tipping'" fees.
The COUNTY will assist in tbe collection of any
additional traffic counts and turn movements deemed
necessary by the CONSUt-!1'ANT and' the COUNTY to fulfill
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the requi rements of thi s CONTRACT.
It is anticipated
that as many as tw.enty (20) -..additional traffic counts
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and six to eight (6-8) turn movement analyses wi 11 be
required.
v) Task 2.5: Property Tax Data.
The CONSULTANT shall collect existing tax data,
including,
but not limited to,
assessed property
valuation, Municipal Service District assessments, and
special taxing. district assessments.
Millage rates
will be identified.
The CONSULTANT will calculate existing property
tax revenues on private properties within Big Pine Key
based on the ad valorem tax rate for the most recent
year.
Data will be compiled by property type
(unimproved, improved, undeveloped, developed, and use).
vi) Task 2.6: Infrastructure and Capital Facilities.
The CONSULTANT will collect information and
create an inventory of existing capital and public
facilities.
Current
constraints
on
water
and
electricity
will
be
identified.
Location
and
concentration of septic systems and capacity and
treatment
type
of
all
package plants
shall be
inventoried.
Available water quality data will be
compiled.
Public buildings and facilities such as
schools, libraries, fire and sheriff stations, civil
defense shelters, park and recreation areas, animal
shel ters, and community centers shall be inventoried
and
their
general
characteristics
and capacities
established.
vii) Task 2.7: Interjurisdictfonal Coordination.
The CONSULTANT wi}~ establish an inventory of all
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public, semi-public, and nonprofit organizations that
.
have an interest in the Comtl\uni ty Plan or that have
.
some level of regulatory control over
all or part of
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the Big Pin~ Key area.
Their positions on how the Big
Pine Key area should be managed will be documented,
their regulatory powers and programs affecting the area
will be summarized, and their assigned responsibilities
relative to the area will be identified. The principal
reasons for this are to insure that the Community Plan
complies with the legal requirements established by
other governmental entities, to identify existing or
proposed programs, and to help secure the approval of
these agencies as improvements and management plans
recommended by the Community Plan are implemented~
viii) Task 2.0 Summary of Work Products.
1.
Progress
report
providing
concise
and
coherent compilation of baseline data and an
assessment of deficiencies.
2. Presentation of the overlay map series (ten
{10} overlays anticipated and required)
c) Task 3.0: Analysis and Evaluation.
i) Task 3.1: Growth and Development Patterns.
The CONSULTANTS will provide an analysis of
historical growth patterns, rate of growth, composition
and distribution.
ii) Task 3.2: Transportation.
Based on a review of the assembled data and
inventory information requ'ired in Tasks 1. 2 and 2.4
(Article
I I ,
Section
1
a) -ii)
and
b)
iv)
respectively), a methodology st~tement will be prepared
by the CONSULTANTS to identif;i additional data needs,
traffic
projection ',methodology,
and
analysis
techniques.
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The future .traffic projections will rely
on current local qnd regionaJ. assessments of traffic
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and on projected growth trends within Big Pine Key for
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the alternative land use scenarios required in Task 4.1
(Article II, Sec~ion 1 d) i))
Upon acceptance of the methodology, an analysis of
existing and future year traffic conditions will be
completed.
The analysis will include an assessment of
existing average and peak season daily and peak hour
capacities and levels of service for each of the
arterial and collector roads and critical intersections
wi thin the study area.
These were identified in Task
2.4 (Article I I, Section 1 b) ii)) of this CONTRACT.
the CONSULTANTS will limit the future year assessments
to the fifth, tenth and twentieth year time horizons.
The previously proposed "Big Pine Arterial Access Road"
will be reviewed in the first five year time horizon
for analysis purposes.
Future traffic projections for U.S. 1 (average
annual and peak season)
will include an estimate of
through traffic growth based on historical counts
available from Florida Department of Transportation and
any
projection
models
available
through
that
department, as well as, regional traffic assessment
information available from the COUNTY.
Traffic growth
associated with future growth on Big Pine Key (average
annual and peak season) will be based on ITE trip
Generation data for the proposed future land uses to be
identified in the alternative land use plans to be
developed as required in Task 4.1 (Article II, Section
1 d) i)).
Since the product of the transportation
~nalysis will be a traffic impact analysis working
paper for use in continued plan~ing efforts, it will be
necessary for the CONSULTANTS .to provide a preliminary
analysis of traffic "associ~ted wt th each of the
projected land use scenarios at each of the time
horizons identified.in this section.
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iii) Task 3.3: Tax Impact Analysis.
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The CONSULTANTS will undertake an analysis of tax
impacts respons~ve to each of the growth scenarios
prepared as a part of Task 4.1 (Article II, Section 1
d) i)),
The analysis will recognize future projected
rates of development for residential and nonresidential
land use types.
The CONSULTANTS will assess the
current and future impact of development on capital
facilities costs as well.
The CONSULTANTS wi 11 take
into account any other addi ti ve or offsetting County
costs (such as resulting from projected changes in
capital outlay costs) which would be anticipated to
increase or decrease as a result of public acquisition.
iv) Task 3.4: Infrastructure and Capital Facilities.
Based on the inventory required in Task 2.6
(Article II, Section 1 c)), the CONSULTANTS shall
identify the character of these facilities and evaluate
their adequacy. The analysis will include a measure of
existing capacity and deficiencies in each facility,
and will identify the improvements needed to bring
these facilities up to recommended service levels.
Utility and facility plans and maps will be analyzed.
Capital improvements plans will be reviewed.
Level of
service standards will be determined through interviews
with County staff,
through research or standards
applied in other jurisdictions, and through application
of generally accepted service standards for each
utility or facility.
The Infrastructure and Capital Facilities Analysis
will be structured to identify thresholds at which
ma~or capital improvements ~re required.
In this
analysis, consideratio~\'will be provided for the growth
scenarios required in TasK 4.1 (Article II, Section I,
d) i)) of this CONTRACT. . _. The need for water and
.
wastewater improvements will identified as a part of
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the work ef;ort in this section. The identification of
transportation
improvements
will
result
from the
transportation analysis which will serve as input to
the
Infrastructure
and
Capital
Facilities
Plan
Analysis.
The
analysis
will
indicate
whether
improvements are needed a primary result of Big Pine
Key area development or whether all or a portion of an
improvement is' required as a result of growth in
adjacent communities.
The CONSULTANTS shall carry out a wastewater
treatment analysis which compares existing sewage
treatment methodology with that of a centralized system
and other reasonable alternatives.
The wastewater
facility analysis will assess the cost and feasibility
of constructing a centralized sewer treatment facility
to
replace
individual
residential
and commercial
package plants on the Key.
Assessment of alternatives
should include a consideration of individual sewage
treatment units which may act to minimize septic
leachate
while
providing
an
economic
basis
for
private construction and maintenance.
A second component of the wastewater analysis
will be the
assessment of wastewater production
projected from future growth projections.
Thus, the
facili ty required to accommodate the twenty year
horizon goal should be anticipated to have sufficient
capacity to accommodate projected future growth.
Include in the analysis will be an estimate of
t>btential water demand for each of the proposed land
use scenarios identified as ,required in Task 4.1
Ar~icle II, Section 1 d) i). Water main extensions and
the associated costs o~ the system wi thin Big Pine Key
will be provided.
Th~ wastewater section of the
CONTRACT requiremen.ts will ioclude an estimate of the
.
plant capacity required to accommodate existing uses
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and the estimated additional capacity required to serve
future land use plans.
Cost estimates for the
collection system and the proposed plant type selected
by the COUNTY will also be included.
The need for timing and cost of future roadway
improvements will be based on the results of the
transportation
analysis
and
generalized
roadway
construction estimates avai lable from the Florida
Department of Transportation.
v) Task 3.5: Community Workshop.
At least one community workshop will be held for
the purpose of presenting the working papers and the
overlay series for Task 2.1 and Tasks 3.1 through 3.4.
The workshop will be designed to encourage community
participation in the preparation of the draft plan and
to identify key issues or concerns that can be
incorporated into the Alternative Concept Plans of Task
4.1 (Article II, Section 1 d) 1)).
vi) Task 3.0 Summary of Work Products.
1. Working Paper on Growth and Development Patterns
2. Working Paper on Traffic Impact Analysis
3. Working Paper on Property Tax Impact Analysis
4. Working Paper on Infrastructure and Capital
Facilities
5. Attendance at at least one (1)' community workshop
d) Tabk 4.0: Alternative Land Use Pla~ and Draft Plan.
i) Task 4.1: Alternative Conoept Plans
The Consultant wil\ develop' three (3) alternative
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concept plans based on the inventory and analysis
.
conducted as a part of Tasks..2. 0 and 3.0 (Article I I,
.
The concept plans will be
Section
1
c) ) .
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b)
and
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designed to ,fit the overlay series required in Task 2.1
(Article II, Section 1 b) i)).
Special emphasis will
be given to protecting the habi tat of the Key Deer at
the same time accommodating expectations of growth and
development.
the concept plans will reflect differing
arrangements of projected land use and development
patterns, protection of environmental resources and
habitat, traffic and transportation improvements and
capi tal faci li ties and infrastructure needs.
Explicit
in
each
alternative
will
be
varied
assumptions
concerning:
1. Overall growth and development;
2. Potential impact and growth on the Key Deer;
.
3.
Distribution of population, housing units,
density and land use;
4. Generation and distribution of future traffic;
5. Investment expectations of property owners;
6. The extent of public utility and capital
facility improvements; and
7. Potential TDR transfer and receiver sites.
Accompanying each alternative will be tabular
summaries of the level of growth and descriptions of
the key features of each alternative.
The impact of
the alternative land use plans on the habitat and
population of the Key Deer will be assessed. The
relationship of the plans to other planning efforts of
~he County and the public, semi-public, and not for
profit agencies will be explaineQ.
ii) Task 4.2: Administrative Draft Report.
The CONSULTANTS will prepare an Adm1nistrative
.
Draft Report for review by ..the County staff.
This
.
report will present the alternative land use plans in
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qualitative and quantitative terms.
The report wi 11
not
recommend
the
selection
of
a
particular
alternative.
The selection will be determined through
workshops with staff and the community.
A principal or senior associate in the firm of
Sedway Cooke
Associates,
preferably Paul
Sedway,
shall be responsible for reviewing the final plan for
consistency and. adequacy.
iii) Task 4.3: Community Workshop.
The Administrative Draft Report and alternative
land use plans will be presented to the community at a
workshop by the COUNTY and the CONSULTANTS.
Land
owners, residents, and interested citizens will have an
opportunity to review the report and plans and to
recommend which plan they prefer.
Comments and
recommendations will be incorporated by the Consultants
into the Community Plan noted in Task 4.4 (Article II,
Section 1 d) i v) ) .
iv) Task 4.4: Draft Community Plan.
Upon selection of the preferred alternative plan
and based on comments received from County staff, the
CONSULTANTS will prepare the Draft Community Plan.
The Draft Plan will incorporate the inventory and
analysis conduct'ed in Tasks 2.0 and 3.0 (Article II,
Section 1 b) and c)).
Recommended goals, objectives,
and policies will be formulated
to provide the
framework for decision making..
Interagency and
jurisdictional management approaphes will be identified
which
insure
close
cooperation
and
establish
responsibility
implementation.
for \, plan
coordination
and
Impleme~tation. strategies or programs
.
will be identified. for public and capital facilities,
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acquisition areas, TDRs, land assembly funding.
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The pertinent traffic and transportation findings
and improvement ~egulations for the preferred land use
plan will be summarized by the CONSULTANTS.
This
document will include summaries of existing and future
roadway and intersection volumes,
capacities,
and
levels of service. Based on these data, the Consultant
will make recommendations for both current and future
year roadway improvements.
Recommendations regarding
the need for new roads and location of bicycle and
pedestrian paths will be included.
A principal or senior associate in the firm of
Sedway Cooke
Associates,
preferably Paul
Sedway,
shall be responsible for reviewing the final plan for
consistency and adequacy.
.
v) Task 4.0 Summary of Work Products.
1. Three (3) Alternative Concept Plans
2. Administrative Draft Report
3. Attendance at one (1) Community Workshop
4. Draft Community Plan
e) Task 5.0: Public Hearings.
i) Task 5.1: Public Hearings.
The Draft Community Plan, supporting documents and
the selected land use plan will be presented by the
COUNTY and the CONSULTANTS to the Development Review
Committee, Planning Commission, and the Board of County
~ommissioners.
Two (2) public hearings will be held to
solicit community input, respon~ to questions raised by
the public, property owners, .and interested citizens,
and to
receive
Sug~~stion~
for modifications or
.
revisions.
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ii) Task 5.0 Summary of Work Products
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1. Pr~sentation to Development Review Committee,
Planning Co~ission, and County Commission.
2. Attendance at two (2) public hearings (The
possibility exists that one of these will be
shifted to provide additional attendance at public
workshops)
f) Task 6.0: Final" Plan.
i) Task 6.1: Final Plan.
Based
on
the
public
hearings
and
comments
received, the Final Plan will be prepared by the
Consultant, incorporating the changes and modifications
recommended by staff and the Board of County
Commissioners. A principal in the firm of Sedway
Cooke Associates, preferably Paul Sedway, shall be
responsible for reviewing the final plan for
consistency and adequacy.
ii) Task 6.0 Summary of Work Products.
1. Preparation of Final Big Pine Key Community
Plan
for
adoption
into
the
Monroe
County
Comprehensive
Plan
and
Land
Development
Regulations.
Section 2.
Notice to Proceed
The CONSULTANTS shall commence rendering those professional
services described as Tasks 1 through 6, Article II, Section 1,
upon exe<;:ution of this CONTRACT between' the COUNTY and the
CONSULTANT and upon execution of any. and all subcontracts
between the CONSULTANTS and Greiner,. Inc. or Laventhal and
Horwath.
If such
~
subcontract'S
are not executed within a
.
reasonable time and prior to ~ugust 15, 1988, the COUNTY
reserves the right to void this contra~.
.
17
.
Section 3.
Work Schedule.
The CONSULTANTS shall adhere to the following work schedule:
a) Completion of Task 1.1 (Article II, Section 1 a) i))
shall be no later than August 15, 1988.
b) Completion of Task 1.2 (Article II, Section 1 a) ii))
shall be no later than August 22, 1988.
c) Completion of Task 1.3 (Article II, Section 1 a) iii))
shall be no later than September 15, 1988.
d) Completion of Task 1. 4 (Article I I, Section 1 a) iv))
shall be no later than September 15, 1988.
e) Completion of Task 2.1 (Article II, Section 1 b) i))
shall be no later than September 15, 1988.
f) Completion of Task 2.2 (Article II, Section 1 b) ii))
shall be no later than September 15, 1988.
g) Completion of Task 2.3 (Article I I, Section 1 b) iii))
shall be no later than September 15, 1988.
h) Completion of Task 2.4 (Article II, Section 1 b) iv))
shall be no later than September 1, 1988.
i) Completion of Task 2.5 (Article II, Section 1 b) v))
,shall be no later than September 15, 1988.
j) Completion of Task 2.6 (Article II, Section 1 b)vi))
shall be no later than September 21, 1988.
k) Completion of Task 2.7 (Article II, Section 1 b) vii))
shall be no later than September 21, 1988.
l) Completion of Task 3.1 (Article I I, Section 1 c) i))
shall be no later than October 21, 1988.
m) Completion of Task 3.2 (Article I I, Section 1 c) ii))
shal~ be no later than October 21, 1988."
n) Completion of Task 3.3 (Article.II, Section 1 c) iii))
shall be no later than October21, 1988.
0) Completion of Task 3.4\, (Article , II, Section 1 c) iv))
- .
shall be no later than October .28, 1988.
.
p) Completion of Task.3.5 (Arti..le II, Section 1 c) v))
.
shall be no later than November 3, 1988.
18
.
q) Completion <;>f Task 4.1 (Article II, Section 1 d) ,i))
shall be no later than November 30, 1988.
r) Completion of Task 4.2 (Article II, Section 1 d) ii))
shall be no later than December 15, 1988.
s) Completion of Task 4.3 (Article II, Section 1 d) iii))
shall be no later than December 21, 1988.
t) Completion of Task 4.4 (Article II, Section 1 d) iv))
shall be no later than January20, 1988.
u) Completion of Task 5.1 (Article II, Section 1 e) i))
shall be no later than March 31, 1988.
v) Completion of Task 6.1 (Article I I, Section 1 f) i))
shall be no later than April 30, 1988.
The above described work schedule may be updated
periodically as neces~i tated by any factors that occur which
materially change the conditions affecting the work schedule and
are beyo~d the CONSULTANTS' control.
The above described work
schedule shall only be amended by the written approval of the
County Director of Planning.
Failure on the part of the
CONSULTANT to adhere to the above described or amended work
schedule, whichever is applicable, shall be sufficient grounds
for ~ermination by the COUNTY.
Any amendment to the scope of services, however, shall re-
quire the approval of the Board of County Commissioners of
Monroe County, Florida.
Section 4.
Reviews.
To assure that progress on the work schedule is acceptable
to the COUNTY before the CONSULTANTS incur unnecessary expenses,
the CONSU~TANTS shall submit to the COUNTY,'when so requested by
the County Planning Director, two copieE\ of a report outlining
the progress on any of the tasks described in this contract.
\,
Section 5.
Project Manager.
Unless otherwise noted in the not~e to proceed, the COUNTY
.
contact and project manager shall be the Planning Director. The
19
.
CONSULTANTS' contact, and project manager shall be Paul Stewart.
Ei ther party shall promptly notify the other in writing when
circumstances require a change in project managers.
Section 6.
Subcontracts.
The CONSULTANTS shall not enter into any subcontracts for
the work described in this CONTRACT without the written consent
of the COUNTY except that the professional services of Greiner,
Inc. and Laventhol and Horwath may be utilized by the
CONSULTANTS without any further consent, written or otherwise,
from the COUNTY.
Article III - Payment for Services
Section 1.
Total Payment.
In consideration of the performance of all the services de-
scribed in Article I I of this CONTRACT, except as provided in
Article I, the COUNTY shall pay the CONSULTANTS $70,600 in the
individual amounts specified below which shall constitute full
and complete payment for all services required to be performed
under the terms of thi s CONTRACT.
Such amount shall also
include payment for all reimbursable expenses.
Section 2.
Partial Payments.
a) Upon completion of Task 1.0 and submission or completion
of the required work products the COUNTY shall pay the
CONSULTANTS $3,000.
b) Upon completion of Task 2.0 and submission or completion
of all required work products the COUNTY shall pay the
CONSULTAN1S $21,000.
c) Upon completion of Task 3.0 and ~ubmission or completion
of the required work products the. COUNTY will pay the
CONSULTANTS $20,100.
\.
,
.
d) Upon completion of Task 4.0 and submission or completion
.
of the required work products the COUNTY will pay the
.
CONSULTANTS $20,500.
20
.
e) Upon complet~on of Task 5.0 and submission or completion
of all required work products the COUNTY will pay the
CONSULTANTS $3,500.
f) Upon completion of Task 6.0 and submission or completion
of all required work products the COUNTY will pay the
CONSULTANTS $2,500.
Section 3.
Method of Payment
Following the completion of a task, the submission to the
COUNTY Planning Director of any work product(s) required by the
task, and the acceptance by the Planning Director of the work
product(s) and services rendered as meeting the requirements of
this CONTRACT's scope of services, the CONSULTANTS will submit
an invoice in the amount appropriate according to the above
schedule for the task to the County Planning Director. The
CONSULTANTS may provide invoices for payment on a monthly basis
if they desire. Payments for that month will not exceed payment
requirements for each task submitted to that date.
Payment by
the COUNTY shall be made within 30 days of the submission.
Section 4.
Accounting and Records.
Records of the CONSULTANT's direct personnel payroll and
reimbursable expenses pertaining to this CONTRACT and records of
accounts between the COUNTY and the CONSULTANTS shall be kept on
a generally recognized accounting basis and shall be available
to the COUNTY or an authorized representative during regular
business hours.
Reimbursable expenses shall include general
travel expenses, hotel expenses, meals, and long distance tele-
phone exp!!hses.
Article IV - County Responsibilities
Section 1. The COUNTY wi 11 fur~i sh the CONSULTANTS, when
feasible, at no cost to the CONSULTANTS,. the following informa-
tion or services:
..
.
21
.
Copies of any available maps, records, contracts, policy
statements, land develop~ent regulations or other ordinances,
comprehensive land plan sections, resolutions, existing relevant
studies in the COUNTY possession, or other data pertinent to the
work, and all other available information data relative to COUN-
TY policies, standards or criteria.
Where the COUNTY staff undertakes traffic studies or other
field related assessments in compliance with the CONTRACT
requirements, all work
shall be at the expense of the COUNTY.
Sites for traffic counts and/or turning movement assessments
shall be agreed upon beforehand.
For clarity, the COUNTY shall
provide written notification to the CONSULTANT as to the number
and location of each traffic count or turn movement assessment.
The COUNTY staff shall be available to the Consultants'
during normal working hours for advice and consultation on
matters relating to tasks in this Contract's scope of services.
The COUNTY staff shall also schedule, set up and notice the
public hearings which are its responsibility under tasks 3.5,
4.3, 5.1 and 6.1 (contract paragraphs Art. I I, Sec. 1 c) 5) ,
d) 3 ), e ) 1 ), and f) 1 ) ) .
Article V - Curtailment and Termination.
Section 1.
Modification of Project.
Additions to, modifications, or deletions from the scope of
services outlined in Article II may be made by the COUNTY, and
the compensation to be paid to the CONSULTANTS may be adjusted
accordingly by mutual agreement of the parties.
Change orders,
excluding, 'completion date changes, will not be effective until
approved by the Board of County Commissipners of Monroe County,
Florida.
It is distinctly understood .and agreed that no claim
. .
for extra work done or materia-Is furnished by the CONSULTANT
will be allowed by the COUNTY except as provided herein, nor
shall the CONSULTANTS do any work or.~urnish any materials not
.
covered by this CONTRACT unless such work is first authorized in
22
..
writing by change order.
Any such work or materials furnished
by the CONSULTANTS without such written authorization first
being given shall be at their own risk, cost, and expense, and
the CONSULTANTS hereby
agree
that without
such \\'ri tten
authorization, that they will make no claim for compensation for
such work or materials furnished.
Section 2.
Curtailment or Termination of Services.
Except as it may be ,restricted by Art. I, the COUNTY and the
CONSULTANTS hereby agree to the full performance of the
covenants contained herein.
The COUNTY reserves the right, at
its discretion, to terminate or curtail the services provided in
this CONTRACT for any misfeasance, malfeasance or nonperformance
of the CONTRACT by the CONSULTANTS.
In the event the COUNTY shall terminate or curtail the ser-
vices or any part of the services of the CONTRACT after the ap-
propriate go head of Art. ii, Sec. 2 has occurred, the COUNTY
shall notify the CONSULTANTS in writing and the CONSULTANTS
shall discontinue performing the services under this CONTRACT
thirty (30) days after receipt of such notice.
Where such
termination is due to negligent performance or failure to
perform the CONTRACT, the CONSULTANTS will be liable to the
COUNTY for damages caused thereby, and all sums due the
CONSULTANTS shall be stopped.
Upon such termination, the CONSULTANTS shall deliver to the
COUNTY all drawings, illustrations, text, data and other docu-
ments entirely or partially completed, together with all unused
materials supplied by the COUNTY.
Upon termination, the CONSULTANTS shall appraise the work
they have, completed and submit their appraisal to the COUNTY for
their evaluation and determination of payment as herein de-
f
scribed.
The CONSULTANTS shall rE!cei~~ ,their compensation in full for
services performed to the date of- such .termination or curtail-
ment.
This payment shall consist of -the appropriate percentage
.
of the total compensation that the task satisfactorily completed
23
.
bears to the total W9rk required in Article II, and shall be, in
the amount to be agreed mutually by the CONSULTANTS and the
COUNTY.
If there is no mutual agreement, the CONSULTANTS shall
provide the COUNTY with records, and the COUNTY will employ the
same method as a guide in the final determination.
The COUNTY
shall make this final payment within sixty (60) days after the
CONSULTANTS have delivered the last of the partially completed
documents together with any records that may be required to
determine the amount due, unless either party has served the
other with a written request to arbitrate a dispute.
When the work is terminated because of Art. I, or by mutual
consent, or when the termination is due to negligent performance
or failure to perform the CONTRACT, there shall be no limitation
upon the COUNTY as to the subsequent use of documents or ideas
incorporated therein for the preparation of final studies, plans
and/or documents, and the COUNTY reserves the right after thirty
(30) days following a written termination notice to the
CONSULTANTS, to take over the services and follow them to
completion by contract with others, or otherwise.
Article VI - Miscellaneous Provisions.
Section 1.
Non-discrimination.
The CONSULTANTS agrees that it 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 all subcontracts hereunder, except
subcontracts for standard commercial supplies or raw materials.
Any violation of such provisions sha1i constitute a material
breach of this CONTRACT.
"
"
Section 2.
.
Arbi tration of Disp\1tes.'
.
24
.
Any dispute aris~ng under this CONTRACT which is not settled
by the COUNTY and the CONSULTANTS in ten (10) days shall be de-
cided by an arbitration board composed of a representative of
the COUNTY, a representative of the CONSULTANTS, and a represen-
tative mutually acceptable to the COUNTY and the CONSULTANTS.
The CONSULTANTS shall continue to render all services requested
in this CONTRACT without interruption, notwithstanding the
provisions of this section.
Section 3.
Ownership of Documents.
All documents including, but not limited to, tracings, draw-
ings, illustrations, estimates, field notes, investigations,
design analysis, studies, and other data or documents which are
obtained or prepared in the performance of this CONTRACT are to
be and will remain the property of the COUNTY and are to be de-
livered to the Director of Planning before the final payment is
made to the CONSULTANTS.
The CONSULTANTS may retain originals
and prepare copies of any of these documents for the COUNTY
provided the copies are produced at the CONSULTANTS' own expense.
Section 4.
Provision of Documents, Maps, and Graphics.
The CONSULTANT will provide the COUNTY with two camera-ready
originals or easily reproducible copies of any documents
produced pursuant to this CONTRACT, as well as, two originals of
all base maps, base map overlays, and graphics.
Base maps, map
overlays, and all graphics shall be produced using composite
b1ack1ine mylar.
Documents should be produced on a word
processor or another electronic data processing system. The
CONSULT~' shall provide provide to the COUNTY software copies
of these documents in a format compatib1~ with the COUNTY's IBM
Model 36 computer system or, at the COuNTY's discretion, its IBM
based Graphic Information System~
..
Section 5.
.
Assignment of CONTRhCT.
.
25
.
/OM,
4 - Imo `..
This CONTRACT shall not be assignable in whole or in part
without the written consent of the parties hereto, and it shall
extend to and be binding upon the heirs, administrators,
executors, successors and assigns of the parties hereto.
Section 6. Anti-kickback.
The CONSULTANTS warrants that no person has been employed or
retained to solicit or secure this CONTRACT upon an agreement or
understanding for a commission, percentage, brokerage, or contin-
gent fee and that no member of the COUNTY has any interest, fi-
nancially or otherwise, in the CONSULTANTS or its subcontrac-
tors. 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.
Section 7. Department of Community Affairs Contract.
The CONSULTANTS hereby understands that they are bound by
all contracts between the COUNTY and the Department of Community
Affairs which serve to provide funding for this project.
Section 8. Claims.
The CONSULTANTS agrees to hold harmless and indemnify the
COUNTY and the Department of Community Affairs against all
claims of whatever nature arising out of the performance of work
under this CONTRACT whether in contract, tort or otherwise and
whether claimed by third parties or the CONSULTANTS themselves.
IN WITNESS WHEREOF, the parties hereto have executed this
CONTRACT on the date and year first written above.
b.z7 �.rr, O'lekBOARD OF COUNTY COMMISSIONERS
ATTEST:DANNY L. KOL IA rOF MONROE COUNTY, FLORIDA
By 1,11,L /L ' 142[ , BY
Clerk Mayor ai m
•
(SEAL)
26 AO �►,1��\
h1�J�
.. ~ ~ Iff
(W (!JpJJ.
Witness
~...; ~ ~ 'j),~~ R.. U
ness
SEDWA Y COOKE ASSOCIATES
"-
,
27