Loading...
Resolution 144-1980 RESOLUTION NO.l44_ 1980 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 M. VINCENT PROTHEROE, P.E., FOR THE PURPOSE OF PERFORMING PROFESSIONAL ENGINEERING SERVICES. 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 Contractual Agreement by and between the Board of County Commis- sloners of Monroe County, Florida, and M. Vincent Protheroe, P.E. for the purpose of performing professional engineering services. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 3rd day of June, 1980. BOARD OF COUNTY COMMISSIONERS OF MONROE C~TY, FL?RIDA Iii; (jck~- ~ - C alrman By --- (Seal) Attest: ;1:,1/ ,"" '. /'.' .....',. .,' . "-. ........ /" .-...*'__,,-' _",_v'-" '_'~' /' --~-,~~ ,~..... / /r'" ",'~ // /~, ~,,7, I ~-r; ~ ij::'/ /// I~/" ~-t-/' " :: C 1 e r k ,- MM~MJORJIIM w~ APPROVED ON \0, . ~ ,~ 0 ... BOOK \) PAGE 15\0 or .... LfO ~ 0'1. fA () I. 'Ir 'Or." ~'/\.o-.(/I.-r" ~~ I f.J 'f - j I (f 0 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of June I 1980, by and between: THE BOARD OF COUNTY COM~II SSIONERS OF MONROE COUNTY, FLORIDA (hereinafter referred to as "County") and M. VINCENT PROTHEROE, CONSULTING ENGINEER 123 N.W. 23rd Street Gainesville, Florida (hereinafter referred P.E. 32607 to as "Consul tant") WITNESSETH: WHEREAS, County intends to employ Consultant to provide gencra1 Consulting Engineering, Land Surveying, and Planning ser- vices 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 of the performance of professional services by Consultant and the payment for those ser- vices by County, as set forth below; and WHEREAS, Consultant shall serve as County's professional representative in each project to which this Agreement applies, and will give consultation and advice to County during the performance of his services; 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 must be authorized separately. Prior to the initiation of any Service, Project or Program, Con- sultant will prepare for the County a detailed scope of work, consulting fee and schedulc. There shall be no reimbursement of the Consultani by the County, however, for said preparation. The Page 1 of 8 Pages tfD1 sco~c includes but is not limited to the following continuing pro- fessional services: a. Providing representation at scheduled and special County Commission meetings to advise the Board and its staff on engineering, land surveying and plan- ning 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. Preparation of Right-of-Way and design surveys, construction plans, specifications, contract docu- ments and furinshing certain inspection services for individual secondary road and bridge projects; e. Providing assistance to the County Engineering Con- tractors Examining Board; f. Furnishing assistance to County staff in processing subdivision plats, reviewing and preparing recom- mendations for updating the County Code with respect to engineering, land surveying and planning matters and standards; g. Providing miscellaneous property, hydrographic and topographic surveys; h. Providing general technical assistance to County staff in implementing the Monroe County Comprehensive Master Plan; 1. Utility rate base studies; J. Design and inspection serV1ces for extension of water and sewer lines; k. All phases and types of feasibility studies; 1. Design and contract documents for new or addi- ~ional plant expansions for wastewater treatment and water treatment; >, Page 2 of 8 Pages '1 (Jg m. Provide consulting services for environmental impact studies, statements and assessments; n. Provide consulting services 'for environmental impact studies, statements and assessments; o. Consulting services for site investigations including but not limited to topography, soil conditions, geol- ogy, drainage, vegetation, development suitability and erosion control; p. Provide consulting services and advice on master planning, regionalization, collection and site selec- tion of solid waste programs; q. Provide design services and prepare contract docu- ments for transfer and compaction station design, landfill sites, incineration design and associated environmental studies and reports; r. Assist the County and provide consulting serVlces for obtaining project financing, permits, grant applications and public hearings; s. Provide Comprehensive Land Development Planning and updating of same; t. Provide Landscape Planning and Design serVlces; u. Provide Park and Recreation Planning and Design; v. Provide Public (Capital) Improvement Programming and Budgets. In addition, Consultant shall provide general engineering consulting services to the County on a project-by-project basis, which services shall include engineering services to be rendered to the County which do not fall within the provisions of the Con- sultants Competitive Negotiations Act. Article 2. DESIGNATION OF SURVEYOR The Consultant shall provide land surveying or surveying functions as ryquired and when authorized by the County. Page 3 of 8 Pages ~o( things: Article 3. COUNTY'S RESPONSIBIJ,ITIES 1. The County agrees that it shall do the following a. Call upon the Consultant for those additional engineering services which may be needed by the County from time to time which the County deems necessary; fees for these services shall be negotiated as the need arises. b. Make available, without charge, information needed by the Consultant in pursuit of his official duties including but not limited to, prints of maps, plats, deeds, County Ordinances, right-of-way maps, all of which the Consultant may rely on in performing his services. c. Furnish the Consultant with a copy of the minutes of all County Commission meetings. d. Provide information as to his requirements. e. Assist the Consultant by placing at his disposal all available pertinent information, including previous reports and any other data relative to design, construction and operation, which the Consultant may rely on in performing his ser- Vlces. f. Examine all studies, reports, sketches, esti- mates, specifications, drawings, proposals and other documents presented by the Consultant and render decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant. g. Pay for all legal advertisments incidental to obtaining bids or proposals from contract- tors. Page 4 of 8 Pages 4/0 h. 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. 1. Designate the person to act as the County's re- presentative (as the County deems necessary) with respect to the work to be performed under this Agreement; and such person shall have authority to transmit instructions, receive In- formation, interpret and define County's policies and decisions with respect to materials, equip- ment, elements, and systems pertinent to the services covered by this Agreement. J. Give prompt notice to the Consultant whenever the County observes or otherwise becomes aware of any defect in the Project. k. Provide all general County financing and general County administrative functions, including dis- bursement of funds. 1. Acquire and expedite all real estate, right-of- way and easements required in connection with the scope of services rendered by the Consultant. m. Bear all costs incident to compliance with the requirements of this Article. Article 4. METHOD OF AUTHORIZATION Each Service Project or Program shall be authorized by Supplemental Agreement issued by the County. The Supplemental Agreement shall include agreed upon scope of work, method of pay- ment, 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 optian of the County. Page 5 of 8 Pages l.{11 Article 5. j\IETIIOD OF PAY~\lr;NT It is understood and agreed that the payment for services under this Agreement shall be stipulated in each proposal and authorization. One of the following methods shall be utilized for all Projects undertaken by the Consultant unless specific modifica- tion is made in the authorization issued pursuant to Article 4 above. Method I - Lump Sum Amount. Wherever possible, the Pro- ject scope shall be thoroughly defined and outlined prior to its authorization. The County and Consultant shall mutually agree to a lump sum amount for services to be rendered payable monthly in direct proportion to work accomplished. Method II - Direct Personnel Expense Times a Multiplier. For Additional Services and for Projects or Programs where the scope cannot be adequately defined prior to authorization, the Consultant shall prepare a proposal utilizing direct personnel expense times a multiplier of 1.75 as method of payment, plus reimbursable expenses as defined herein. The County and Consultant shall mutually agree to time limit for the Project, and a maximum sum which may not be exceeded, without express written consent of County. Payment on contracts authorized under this method shall be paid monthly 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 statu- tory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar benefits. Method III - Personnel Cost Plus a Professional Fee. On projects financed by Federal EPA Funds where the scope of work can- not be adequately defined prior to authorization, the Consultant shall propose a method of compensation based upon actual labor costs, reimbursable expenses, plus audited overhead plus a lump sum professional f~e. The County and Consultant shall mutually agree in writing to a lump sum amount for the professional fee and shall ; Page 6 of 8 Pages ljlv establish the Project Budget with an estimate of the total cost to be expended. Payment by County on contracts authorized by this method shall be monthly and in direct proportion to work accom- plished. Article 6. INSURANCE M. VINCENT PROTIIEROE, P.E. shall at his own expense, maln- tain during the performance of his services under this Agreement, with limits of liability not less than the following: Workmen's Compensation General Liability Bodily Injury (Including Contractual) Property Damage (Including Contractual) Automobile Liability Bodily Injury Property Damage Professional Liability Statutory $500,000/$1,000,000 $500,000/$1,000,000 $100,000/$300,000 $50,000 $300,000 with not more than $5,000.00 deductible. A ceritifcate issued by the insurance carrier for each policy of insurance required to be maintained by Consulatant 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 7. TERMINATION Either the County or the Consultant may terminate this Agreement upon thirty (30) days written notice. At such time as the Consultant receives notification of the intent of the County to term- inate the Agreement, the Consultant shall not perform any further services except 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 8. REIMBURSABLES The County shall reimburse the Consultant for all out-of- pocket expenses directly chargeable to the County's owrk, at actual cost incurred, and such charges shall be itemized and included in Page 7 of 8 Pages L/' ., , , the monthly invoices for time charges and shall be paid as provided for time charges. Typical reimbursable expenses include travel from Consultant's office (as prescribed for public officers pursuant to F.S. 112) surveying costs, special electronic devices, etc. Reim- bursement for other expenses incurred while traveling in the County's behalf shall be in accordance with appropriate State Statutes. Article 9. OWNERSHIP OF DOCUMENTS All documents including drawings and specifications fur- nished by the Consultant pursuant to this Agreement are instruments of service with respect to the project(s). They may be used by the County on other projects or extensions of current projects. Consultant will furnish copies of any or all documents to County upon request. Consultant will invoice County for actual reproduction cost of documents requested. Article 10. ACCOUNTING RECORDS Records of the Consultants personnel and reimbursable ex- penses shall be kept on a generally recognized accounting basis and shall be available to the County or its authorized represen- tatives for observation or audit at mutually convenient times. 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 MONROE COU~Y, FLQfIDA /r:fk}lab-~-- Chairman By: (Seal) Attest: //--- '--:; /'-7 - - \ / .// jt--- <.:2,~~-;,/'>t/>'i~J<;;. /-~<~;-:/---- --- / Clerk Q~~ ~htness M. VINCENT PROTHEROE, P.E. CONSUL:I~ ENG;NEER _ ~' ;~.;~i~~ ./ (, -~~t~ ~A8m;ORM' ..~~ 11Y. ~~ ~, ()fIiH Page 8 of 8 Pages ~/if