Resolution 131-1981RESOLUTION 131 _ 1981
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
TO EXECUTE A CONSULTANT AGREEMENT BY AND BETWEEN THE
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, AND POST, BUCKLEY, SCHUH & JERNIGAN, INC.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners
of Monroe County, Florida, is hereby authorized to execute
a Consultant Agreement by and between Post, Buckley, Schuh
& Jernigan, Inc. and the Board of County Commissioners of
Monroe County, Florida, a copy of same being attached hereto.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the
21st day of April, 1981.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
(SEAL)
Attest:
C
APPROVED AS TO FORM
AND A#Q& $'WICIENCY.
8Y
ani" Of-ke
__ SULTAiNT AGREEMENT
THIS AGREE7-'7;-, oij tiritered into this a lsF
day of kalL-, 1981 ,
by and between:
THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
(hereinafter referred to as "County")
and
POST, BUCKLEY, SCHUH & JERNIGAN, INC.,
a Florida Corporation,
(Hereinafter referred to as "Consultant")
WHEREAS, County intends to employ Consultant to provide general
Consulting Engineering, Land Surveying, Planning/Landscape Architectural
and other related professional services on a continuing basis for the
County, as defined herein; and
WHEREAS, County and Consultant, in consideration of their mutual
covenants herein agree, in respect to the performance of professional
services by Consultant and the payment for those services by County, as
set forth below; and
WHEREAS, Consultant shall serve as County's design professional
representative in connection with each project to which this Agreement
applies, and will give consultation and advice to County during the
performance of such services; and
WHEREAS, County hereby designates Consultant as the Monroe County
Consulting Engineer, Land Surveyor and Planner subject to the terms
stated herein; and
NOW, THEREFORE, the County and Consultant agree as set forth
below:
Article 1. SCOPE OF SERVICES
It is understood and agreed that the scope of this contract will
consist of various Services, Projects or Programs (consisting of a
collection or grouping of separate projects or services), and that each
Service, Project or Program shall be authorized separately by Professional
Service.Orders issued under the terms of this Agreement. Prior to the
initiation of any Service, Project or Program, Consultant and the County
shall mutually agree upon a detailed scope of work and schedule for
performance thereof. The scope shall include but is not limited to the
following general continuing professional services:
a. Providr,; re.:resentation upon request at scheduled and special
County Commission meetings to advise the Board and its staff on
engineering, land surveying and planning matters;
b. Maintaining a local office to provide for prompt performance
of duties;
C. Preparation of overall County Secondary Road and Bridge System
Management Plans, project scheduling and annual budget recommendations;
d. Preparing Right -of -Way and design surveys, construction plans,
specifications, contract documents and furnishing certain
inspection services for individual secondary road and bridge
projects;
e. Reviewing and preparing recommendations for updating the
County Code with respect to engineering, land surveying and
planning matters and standards;
f. Providing miscellaneous land, hydrographic, bathymetric and
topographic surveys;
g. Providing general technical assistance to County staff in
implementing the Monroe County Comprehensive Master Plan;
h. Preparing utility rate base studies;
i. Preparing various types of feasibility studies;
j. Preparing federal/state grant applications, design and contract
documents for regional wastewater treatment plants, force
mains, pumping stations and related facilities to assist
County in implementing its Sec. 201, PL 92-500 wastewater
facilities Master Plan.
k. Providing consulting services for environmental impact studies,
statements and assessments;
I. Providing or obtaining consulting services for site investigations
including but not limited to topography, soil conditions,
photogrammetry, geology, drainage, vegetation, development
suitability and erosion control;
M. Providing consulting services and advice on master planning,
regionalization, collection, and site selection of solid waste
programs;
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d. Provide full nrormation as to County requirements.
e. Examine all studies, reports, sketches, estimates, specifications,
drawings, ^roi)osals and other documents presented by the
Consultant and render decisions pertaining thereto within
a reasonable time so as not to delay the se.rvices of the
Consultant where pre -agreed production/project schedules are
mutually established.
f. Pay for all legal advertisements incidental to obtaining
bids or proposals from contractors.
g. Provide such legal, accounting, insurance counseling services
and such auditing service as the County may require to ascertain
how or for what purpose any contractor has used the monies
paid to him under construction contracts.
h. Designate the County Administrator as the person to act as the
County's representative with respect to the work to be performed
under this Agreement together with the appropriate County
Department Head under whose jurisdiction specific consulting
services may fall. The County Administrator and appropriate
Department Head shall have authority to jointly issue and co-sign
Professional Service Orders under this Agreement, transmit
instructions, receive information, interpret and define the
County Code and administrative policies adopted pursuant thereto
with respect to materials, equipment, elements, and systems
pertinent to the services covered by this Agreement. .
i. Give prompt notice to the Consultant whenever the County
observes or otherwise becomes aware of any defect in the
Project.
j. Provide all general County financing and general County
Administrative functions, including disbursement of funds.
k. Acquire and expedite all real estate, right-of-way and
easement acquisition required in connection with the scope
of services rendered by the Consultant.
I.' Pay all permit application filing fees.
M. Bear all costs incident to compliance with the requirements
n. Providing design services and prepare contract documents
for transfer :-nd compaction station design, landfill sites,
incinera'nn design and associated environmental studies
and reports;
o. Assisting the County to obtain project financing, permits,
and grants, including assistance in preparing applications
and attending public hearings;
p. Providing Comprehensive and Areawide Land Use Planning,
Resource Mapping and updating of same;
q. Providing comprehensive airport planning, design and grant
application assistance and services.
r. Providing Landscape Architecture Planning and Design services;
S. Providing Park and Recreation Planning and Design;
t. Providing Public (Capital) Improvement Programming and
Budgets.
In addition, Consultant shall provide other general engineering,
planning, surveying, landscape architectural, management consulting and
related services to the County on a project -by -project basis, which
services shall include professional services to be rendered to the County
which do not fall within the provisions of the Consultant's Competitive
Negotiations Act (§287.055, F.S.).
Article 2. COUNTY'S RESPONSIBILITIES
The County agrees that it shall do the following things:
a. Call upon the Consultant for those consulting services
called for herein and additional design professional services
which may be needed by the County from time to time which the
County deems necessary.
b.. Make available, without charge or unreasonable delay, information
needed by the Consultant in pursuit of its official duties
including but not limited to, prints of maps, plats, deeds,
County Ordinances, right-of-way maps, previous reports and
any other data relative to design, construction and operation,
all of which the Consultant may rely on in performing his
services.
Article 3. iiETNOD OF AUTHORIZATION
Each Service, Project or Program shall be authorized by a written
Professional Service Order issued for the County by the County Administrator
and Appropriate County Department Head. The Professional Service Order
shall include an agreed upon scope of work, method of payment, project
schedule and special provisions or conditions specific to the Service,
Program or Project being authorized. Authorization of Services, Programs or
Projects under this Agreement shall be at the sole option of the County.
Upon receipt of the Professional Service Order, Consultant when feasible
and when requested, depending on the clarity and timing of the
included scope of services, will prepare an estimate of total professional
service charges for the specific work or element(s) thereof included therein
v
in accordance with the stipulated method of payment and project schedule
and return same verbally and/or in writing to the County Administrator who
is then authorized to confirm County's notice to proceed to Consultant,
subject, however, to the current appropriate pre -budgeted available funds
and dollar purchasing amount limitations not requiring action by the Board
of County Commissioners.
Article 4. METHOD OF PAYMENT
It is understood and agreed that the method of payment for services
under this Agreement shall be stipulated in each Professional Service
Order. One, or a combination of the following methods of payment shall be
utilized unless specific modification is made in the authorization issued
pursuant to Article 3 herein:
Method I - Lump Sum Amount. This method may be used when the nature
and scope of Services, Projects or Programs can be thoroughly defined and
outlined prior to authorization. The County and Consultant shall mutually
agree to a lump sum amount for services to be rendered. Consultant shall
submit monthly invoices, the amount of which shall be determined by the
"percent of completion method" whereby the Consultant shall estimate the
percent of the services completed at the time of -invoicing.
Method II - Time Charges. For Services, Projects or Programs where
the scope of services cannot be adequately defined prior to authorization,
the Consultant's services shall be provided on a Time Charge basis, determined
by taking the direct personnel expense of those persons directly engaged on
the County's work and adding a surcharge of 150%, plus reimbursable expenses
as defined herein. The County and Consultant may, when appropriate to the
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specific assignment, project .ir Program, mutually agree to a time limit for
the Project, and a ma.i!num sure :ihich may not be exceeded, without express
written consent of County. Payment for Services authorized under this
method shall be paid iiionthly based upon personnel records of the Consultant.
Direct Personnel Expense is defined as the salaries of professional,
technical, and clerical employees engaged on the Project by the Consultant,
and the cost of their mandatory and customary benefits such as statutory
employee benefits, insurance, sick leave, holidays, vacations, pensions and
similar benefits, plus payroll taxes.
Method III - Personnel Cost Plus a Professional Fee. On projects
financed by Federal EPA or other Federal Funds where the scope of work
cannot be adequately defined prior to authorization, the Consultant's
compensation shall be determined in accordance with applicable EPA or other
Federal Agency regulations. Payment by County for Services authorized by
this method shall be monthly and in direct proportion to work accomplished.
Article 5. INSURANCE
Consultant shall at its own expense, maintain during the performance
of its services under this Agreement, insurance with limits of liability
not less than the following:
Workman's Compensation Statutory
Comprehensive Public Liability Combined single limit of
Includes Contractual liability $1,500,000 for bodily
and liability arising out of injury and property
the use of automobiles damage for any one
accident or loss.
Professional Liability $3,000,000 with a deductible
not to exceed $150,000
A certificate issued by the insurance carrier for each policy of
insurance required to be maintained by Consultant under the provisions
of this Agreement shall be delivered to the County immediately after
this Agreement is valid and thereafter, as to policy renewals, within
thirty (30) days prior to the expiration of the term of each such policy.
Article 6. TERMINATION
Either the County or the Consultant may terminate this Agreement
upon thirty (30) days prior written notice. At such time as the Consultant
receives notification of the intent of the County to terminate the
Agreement, the Consultant shall not perform any further services except
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as specifically set forth in the written notice of termination. In the
event of any termination, the Consultant will be paid for all services
rendered to the date of termination, and all reimbursable expenses.
Article 7. REIMBURSABLES
The County shall reimburse the Consultant for all.out-of-pocket
expenses directly chargeable to the County's work at actual cost incurred
and such charges shall be itemized and included in the monthly invoices
for time charges and shall be paid as provided for time charges. Typical
reimbursable expenses include transportation and travel expenses, lodging
and meals when traveling out -of -county on the County's behalf, all in
accordance with and as limited by §112.061, F.S., identifiable communication
expenses, printing and reproduction costs, computer machine time charges,
survey supplies, etc. The Consultant shall be reimbursed for mileage
only as prescribed for public officers and employees under §112.061,
for all in -county travel on County's behalf from Consultant's Islamorada,
Florida office. Reimbursement for the use of specialized equipment
(swamp buggy, boat, SCUBA diving gear, special electronic devices, etc.)
shall be mutually agreed upon prior to the authorization of its use.
Article 8. OWNERSHIP OF DOCUMENTS
All documents including drawings and specifications furnished by the
Consultant pursuant to this Agreement are instruments of service with
respect to the project(s). They are not intended or represented to be
suitable for reuse by County or others on extensions of the Project or
on any other project except as provided for under §287.055 (10), F.S.
Any reuse of such documents without written verification or adaptation
by Consultant for the specific purpose intended will be at County's sole
risk and without liability or legal exposure to Consultant and County
shall indemnify and hold harmless Consultant from all claims, damages,
losses and expenses including attorney's fees arising out of or resulting
therefrom. Any such verification or adaption by Consultant will
entitle Consultant to further compensation at rates to be agreed upon by
County and Consultant. Consultant will furnish copies of any or all
documents to County upon request. Consultant will invoice County for
actual reproduction cost of documents requested.
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Article 9 . CGJJ?I? i „G RECORDS
The Consultant shall maintain books, records, documents and other
evidence directly pertinent to the services provided under this Agreement
on a generally recognized accounting basis and shall make such available
to the County or its authorized representatives for observation or audit
at mutually convenient times.
Article 10. COST ESTIMATES
The County hereby acknowledges that estimates of probable construction
costs cannot be guaranteed, and such estimates are not to be constructed_
as a promise to design facilities within a cost limitation.
Article 11. LITIGATION
It is understood and agreed that the Consultant's services under
d
this Agreement do not include participation, whatsoever, in any litigation.
Should such services be required, a supplemental agreement may be
negotiated between the County and the Consultant describing the services
desired and providing a basis for compensation to the Consultant.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed the day and year first above written.
Signed, Sealed, and Delivered
in the presence of:
BOARD OF COUNTY COMMISSIONERS OF
ZMONROCOUNTY, FLORIDA
Chairman
(5edl)
Attest`
Clerk
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
By:
L
Walter L. Revell, President
Date
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