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
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By
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Attest:
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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
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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;
>,
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'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
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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
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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
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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:
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Clerk
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M. VINCENT PROTHEROE, P.E.
CONSUL:I~ ENG;NEER _ ~'
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