Resolution 197-1980
RESOLUTION NO. 197 -1980
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
TO EXECUTE FARMERS HOME ADMINISTRATION LEGAL SER-
VICES AGREEMENT, NONDISCRIMINATION AGREEMENT,
EQUAL OPPORTUNITY AGREEMENT, AND AGREEMENT FOR
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
Farmers Home Administration Legal Services Agreement,
Nondiscrimination Agreement, Equal Opportunity Agreement,
and Agreement for Engineering Services, 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
12th day of August, 1980.
BOARD OF COUNTY COMMISSIONERS
OF MONROE OUNTY, FLORIDA
/
By
(SEAL)
Attest: ,.. ././'/ __-
---- '. /...---
//--- / ,f(
~/ / . /< /;. \ /'
, \../. ./ /" /' - -," ;/ \. ~
~V-/-/ (-:/.'// U-'-:&_~-t:-/'
" Clerk
APPROVED A.$ ro fOFIM
lWO LEGAL SUFf.;tClfNCY.
.---' ~~ 1
./ 1, /i " /..1
1 i? /' 'v
~t.. ..L/~; "'-t.,/; ".--
G..""""'-w 1'1 -~....
~.OHiH
2... Q'
....
(
-
l
l
; ~;-,
.~'."/
.:.t~
FmHA Instruction 1942-A
(Guide 14)
UNITED STATES DEPARTMENT OF AGRICULTURE
Farmers Home Administration
LEGAL SERVICES AGREEMENT
This agreement made this
12th
day of
August
1980
between
MONROE COUNTY MUNICIPAL SERVTCE DTSTRH-:T
(sponsors) (organizing committee) (Name of organization)
hereinafter referred to as "Owners," and
Michael H. Cates
attorney at law, of
Cates, Winter & Zuelch
, hereinafter referred
to as "Attorney":
WHEREAS, Owne rs J@t:~X~J:I~Xl.'l~
(have formed)
(" public water supply
the MONROE COUNTY MUNICIPAL SERVICE DISTRICT
district," "pubiic service district," "not for profit corporation," or
, a
body politic
("body politic," "municipal
other official designation)
a._--...........
corporation," "nonprofit corporation,". or other organization)
in
County
Flori (b
Monroe
unde r the provisions of Florida Statutes 125
(Cite statute(s) under which applicant will be
and
organized)
WHEREAS, the Attorney agrees to perform all legal services necessary
~~~X~XJXdCJf~K~X~~Xd
under the provisions of
(1-15-79) SPECIAL PJ
LO~
{
(
(Guide 14) (Page 2)
FmHA Instruction 1942-A
said statutes and to perform all other customary legal services necessary
-.
to the organization, financing, construction, and initial operation of
a solid waste
system;
WITNESSETH:
That for and in consideration of the mutual covenants and promises between
the parties hereto, it is hereby agreed:
SECTION A - LEGAL SERVICES
That the Attorney will perform such services as are necessary to accomplish
the above recited objectives including, but not limited to, the folloT~ng:
1.
Preparation and filing of petition for incorporation and
supervision and assistance in the taking of such other actions
as may be necessary or incidental to cause the Owners to become
duly organized and incorporated and to be authorized to undertake
the proposed system.
c
2. Furnish advice and assistance to the governing body of the duly
incorporated association in connection with (a) the notice for and
conduct of meetings; (b) the preparation of minutes of meetings;
(c) the preparation and enactment of such resolutions as may be
necessary in connection with the authorization, financing,
construction, and initial operation of the system; (d) the preparation
of such affidavits, publication notices, ballots, reports,
certifications, and other instruments and advice as may be needed
in the conduct of such bond elections as may be necessary; (e)
the preparation and completion of such bonds or other obligations
as may be necessary to finance the system; (f) th~ completion and
execution of documents for obtaining a loan made or insured or
a grant made by the United States of America, acting through the
Farmers Home Administration, U. S. Department of Agriculture;
(g) entering into construction contracts; (h) preparation and
adoption of ,By--Laws, Rules' and Regulations, and rate schedules;
(i) such other corporate action as may be necessary in connection
with the financing, construction, and initial operation of the system.
,
(
\
~.:.~-{~
2..01
(
..-,.
.l
,;
FmHA Instruction 1942-A
(Guide 14) (Page 3)
3. Review of construction contracts, bid-letting procedure, and
surety and contractual bonds in connection therewith.
4. Preparation, negotiation, or review of contract with a city or
other source of water supply when necessary.
5.
Preparation, where necessary, and review of deeds, easements
and other rights-of-way documents, and other instruments for
sites for source of water supply, pumping stations, treatment
plants, and other facilities necessary to the system and to provide
continuous rights-of-way therefor; rendering title opinions
with reference thereto; and providing for the recordation thereof.
6. Obtain necessary permits and certificates from county and municipal
bodies, from State regulatory agencies, and from other public
or private sources with respect to the approval of the system,
the construction and operation thereof, pipeline crossings, and
the 11 ke .
7.
Cooperate with the engineer employed by Owners in connection
with preparation of tract sheets, easements, and other necessary
title documents, construction contracts, water supply contracts,
health pe rmits, crossing pe rmit s, and other ins truments.
l
8.
When applicable, secure assistance of and cooperate with recognized
bond counsel in the preparation of the documents necessary for
the financing aspects of the system. The attorney shall pay
all bond counsel in perfecting the financing aspects, ~.~.,
assessment procedures and completion of documents. Where bond
counsel is retained, the Attorney will not be responsible for the
preparation and approval of those documents pertaining to the
issuance of the Owner's obligations.
SECTION B - COMPENSATION
1. Owners will pay to the Attorney for professional services rendered
in accordance herewith, fees as follows:
Ten Thousand nnll~r~ ($10,000 00)
Said fees to be payable in the following manner and at the following
times:
Upon completion of loan.
(1-15-79) SPECIAL PN
2-of
FmHA Instruction 1942-A
(Guide 14) (Page 4)
.....
SECTION C - OTHER PROVISIONS
1.
That upon organization and incorporation the associatio
by appropriate resolution,adopt and ratify t eement, that
the associat n al s bstit ~ndividual Owners
as a party to is , a at he ~ners as individuals
shall there ev f personal liability existing
~ng from this Agreement.
2.
That upon organization and incorporation should the associat
fail or refuse to adopt and ratify this Agreement b
resolution within days from the dat the commencement
of its legal existence, this Agreemen ~erminate and Owners
shall be liable to the Atto ne p~~~of $ ,
which sum repre~ ts n ).l.l-l f1r}5f organization and
incorporation e oci 0 a d for all other legal seLvices
rendere Owners under the terms of this-Agreement to the date
aid termination.
At to rney:
Owne rs :
000
,-'-J
'.:"
(
(
l
2.;0 (
-^---.--
PosItion 3
Form FHA 400-4
(12-29-64)
UNITED STATES DEPARTMENT OF AGRICULTURE
FARMERS HOME ADMINISTRATION
NONDISCRIMINA TION AGREEMENT
(Under Title VI, Civil Rights Act of 1964)
Date:
August 12, 1980
.,--...:!;
Name: -.-...._MONROE .COUNTY-.MUNICIPAL-..SERVICEn.DlSTRI CT
Address: ...P.OS t..Office--..B-o.x..-16.8D-.,.-..Key..,W_e-s-t,....Fl.orida_.. 330.4-0 ____. n.. __.. _ . __ ....._, ._......_ _...... ....
(herein called "Recipient") in accordance with regulations (herein called "the regulations") of the Farmers Home Admin-
istration and the United States Department of Agriculture (herein called "the Department") issued pursuant to Title VI of
Civil Rights Act of 1964 and in consideration of a loan or advance made or to be made by the United States of America
acting through the Farmers Home Administration (herein called "the Government"), hereby covenants ancl agrees as follows:
1. Recipient shall comply with all provisions of the regulations and shall not, on the ground of race, color, or national
origin - -
(a) Deny, or cause to be denied, to any person, directly or indirectly, wholly or partially, any service, use, occupancy,
financial aid. or other benefit (herein called "benefits") of the whole or any flortion of any property, facility,
structure, project, service, or activity which, directly or indirect!\', wholly or partially, is provided with the aid
of the loan or advance (herein called "aided facility or activity"); or
(b) treat any person, or cause any person to be treated, differently from any other person with respect to any right or
opportunity to participate in the benefits of any aided facility or activity; or
(c) subject any person, or cause any person to be subjected, to discriminatIon in any other manner in connection with
any aided facility or activity or the benefits thereof.
It is understood that employment is not within the scope of this agreement.
2. Any transfer of any aided facility or activity, other than personal property, by sale, lease, or other conveyance or
contract, shaIl be, and shall be made expressly, subject to the obligations of this agreement and transferee's
assumption thereof.
3, Recipient shall - -
(a) Keep such records and submit to the Government such timely, complete, and accurate compliance reports at such
times and in such form and containing such information as the Government may determine to be necessary to ascertain
Recipient's compliance with this agreement and the regulations; and
(b) permit access by authorized employees of the Farmers Home Administration or the Department during normal business
hours to such of Recipient's books, records, accounts, and other sources of information and its facilities as may
be pertinent to ascertaining such compliance; and
(c) make available to users, participants, beneficiaries, and other interested persons such information regarding the
provisions of this agreement and the regulations, and in such manner, as the Farmers Home Administration or the
Department finds n2cessary to inform such persons of the protection assured them against discrimination,
4. The obligations of this agreement shaIl continue - -
(a) As to any real property, including any structure, provided with the aid of the loan or advance, so long as such
real property is used for a purpose for which the loan or advance is made or which affords similar services or
benefits.
(b) As to any personal property provided with tl1e aid of the loan or advance, so long as Recipient retains ownership
or possession of the property.
(c) As to any other aided facility or activity, until the last advance of funds under the loan or advance has been made.
FHA 400-4 (l2-~14b
S. Upon any breach or violation of this agreement the Government may, at its option --
(a) Terminate or refuse to render or continue financial assistance to Recipient or for the aid of the property, facility,
project, service, or activity.
(b) In case of a loan, accelerate the maturity of the indebtedness.
(c) Appoint a receiver, or have a receiver app.ointed, to take possession of and administer the aided facility or activity
in order to secure compliance with this agreement and the regulations. For this purpose Recipient hereby appoints
the Government its agent and attorney-in-fact with power, in event of such breach or violation, so to take possession
of and administer or to appoint such receiver. This appointment is coupled with an interest and shall be irrevocable
while the obligations of this agreement continue.
(d) Enforce this agreement by suit for specific performance or by any other available remedy under the laws of the
United States or the State in which the breach or violation occurs.
Rights and remedies provided for under this agreement shall be cumulative.
In witness whereof Recipient, on this, the date first above written, has caused this agreement to be executed by its duly
authorized officers and its seal affixed hereto, or, if a natural person, has hereunto set Recipient's hand and seal.
(S E A U/~ ' MONROE
. --- .~~
/ 4...// / --;-
All"" L-- r2f{{t/;g-" i:!<!'
COUNTY MUNICIPAL SERVICE DISTRICT
/J /2 Recipient
(}flndg~' ,
Chairman of the Board of CountfTttle)
Commissioners of Monroe County, Florida
::IC'Ting ::I" Tn!" Monro!" rOllnTY MlIniC:,ip::ll
Service District Rectptent
Recipient
d.-IO ~
UNITED STATES DEPARTMENT OF AGRICULTURE
Form FHA 400-1
(Rev. 6-26-72)
FARMERS HOME ADMINISTRATION
EQUAL OPPORTUNITY AGREEMENT
August 12, 1980 b t
Thi s agreement, dated. ,...,.,.....,........m'...'...'...,...............,.....,..,...,.........,....,.....,........',.....' .,....".,......, ,.............,.,...,.....,.........,.. e ween
._..'.....m......m'.......'......m,MQNRQ.tJ...J~QJ1NIX...,M1U'H,.~J.P.A1m.?E,RYI~g....~.!.~.IgI~I...........m....'..m.......m'm............m..
(herein called "Recipient" whether one or more) and the Farmers Home Administration, United States Department of
Agriculture, pursuant to the rules and regulations of the Secretary of Labor (herein called the 'Secretary') issued under the
authority of Executive Order 11246, as amended, witnesseth:
In consideration of financial assistance (whether by a loan, grant, loan guaranty, or other form of financial assistance)
made or to be made by the Farmers Home Administration to Recipient, Recipient hereby agrees, if the cash cost of construction
work performed by Recipient or a construction contract financed with such financial assistance exceeds $10,000--unless
exempted by rules, regulations or orders of the Secretary of Labor issued persuant to Section 204 of Executive Order 11246 of
September 24, 1965.
1. To incorporate or cause to be incorporated into any contract for construction work, or modification thereof, subject
to the relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid
for in whole or in part with the aid of such financial assistance, the following "Equal Opportunity Clause":
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion, sex or national
origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the Farmers Home Administration setting
forth the provisions of this nondiscrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color, religion,
sex or national origin.
(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice, to be provided by the Farmers Home Administration,
advising the said labor union or workers' representative of the contractor's commitments under this agreement as
required pursuant to section 202(3)- of Executive Order 11246 of September 24, 1965, and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
(d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules,
regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect.
(e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,
rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the
Farmers Home Administration, Office of Equal Opportunity, U. S. Department of Agriculture, and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(0 In the event of the contractor's noncompliance with the Equal Opportunity (Federally Assisted Construction) clause
or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in
whole or in part and the contractor may be declared ineligible for further Government Contracts or Federally Assisted
construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of
September 24, 1965, o~ by rule, regulation or order of the Secretary of Labor, or as provided by Law.
(g) The contractor will include the provisions of this Equal Opportunity (Federally Assisted Construction) clause in
every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor
issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will
be binding upon each such subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the Farmers Home Administration may direct as a means of enforcing such
provisions, including sanctions for noncompliance: Provided,~, that in the event the contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the
Farmers Home Administration, the contractor may request the United States to enter into such litigation to protect
the interest of the United States.
Position 6
FHA 400-1 (Rev. 6-26-72)
.1.
"-
~
~/I
(
2. To be bound by the provisions of the Equal Opportunity Clause in construction work performed by Recipient and paid
for in whole or in part with the aid of such financial assistance.
3. To notify all prospective contractors to file the required 'Compliance Statement', Form FHA 400-6, with their bids.
4. Form AD-425, Instructions to Contractors, will accompany the notice of award of the contract.
Bid conditions for all nonexempt Federal and Federally assisted construction contracts require inclusion of the appropriate
"Hometown" or "Imposed" plan affirmative action and equal employment opportunity requirements. All bidders must comply
with the bid conditions contained in the invitation to be considered responsible bidders and hence eligible for the award.
5. To assist and cooperate actively with the Farmers Home Administration and the Secretary in obtaining the compliance
of contractors and subcontractors with the provisions, of the Equal Opportunity Clause and the said rules, regulations, and
orders, to obtain and furnish to the Farmers Home Administration and the Secretary, Form AD-560, Certification of
Nonsegregated Facilities, to submit the Monthly Manpower Utilization Report, Optional Form 66, as required and such other
information as they may require for the supervision of such compliance, and to otherwise assist the Farmers Home
Administration in the discharge of its primary responsibility for securing compliance.
6. To refrain from entering into any contract, or extension or other modification of a contract, subject to such Executive
Order with a contractor debarred from Government contracts or federally assisted construction contracts pursuant to Part II,
Subpart D, of such Executive Order or to prior authority; and to carry out such sanctions and penalties for violation of the
provisions of the Equal Opportunity Clause as may be imposed upon contractors and subcontractors by the Farmers Home
Administration or Hie Secretary pursuant to such Subpart D.
7. That if Recipient fails or refuses to comply with these undertakings, the Farmers Home Administration may take any
or all of the following actions: (a) cancel, terminate, or suspend said financial assistance in whole or in part; (b) refrain
from extending any further assistance under the program involved until satisfactory assurance of future compliance has been
received from Recipient; and (c) refer the case to the Office of Equal Opportunity, U. S. Department of Agriculture for
appropriate action.
Witness the due execution hereof by Recipient on this, the date first above written.
Recipient
Recipient
(CORPORATE~EAL)~
AU"" C~Ad~
tl rk S~~~KX
RVlCE DISTRICT
By
Chairman of the Board R~M~OC
of County Commissioners of
Monroe County, Florida, acting
as the Monroe County Municipal
Service District
~u.s. GPO:1976-0-665-664/1959
~/'~
"
USDA-FmHA
Form FmHA 442.19
(Rev. 1-28.77)
AGREEMENT FOR ENGINEERING SERVICES
12th August
THIS AG REEM ENT, made this ._.__......__..__..._..__..___._________..__ day of ._._.____..__.__...._._._._......_._._.___...._......... , 19 ~_Q... ,
by and be t ween ...----...-....!iQ-~~9.~-..9.Q!!~IT.._.M!l.N.L~IP..A1__.~.gBY.I~.!LP.!.~.I~Jf.!_____._...______.._.__......__. . herea fter
referred to as the OWNER, and ..Jt!...Y.J.;N.Qf:;N.~..l.EQ1'.~Qf:;.s...r.!.l}!."_..2...gQN~!l1!mg.J;.N.QJ.N~~_R...._.__.._._...._......... .
hereinafter referred to as the ENGINEER:
The OWNER intends to construct a -..Q~-.~..1'.~-~..~~~.:gJi~?~..Q~.$.!'9_~~_X!Q;I;~.~~~.~~~_..!~.9.!:!!.~~.G
, ..,.-
INCINERATORS LANDFILLS ACCESS ROADS SCALE FACILITIES AND NECESSARY FACILITIES ONE
---..._....____....._____.1.._____.___......._._:.1__.__........___.._.._____._...1_._____._..._...__._..__._....__..........._--...-.------..---...-___..._.__......____l.........
EACH AT LONG KEYCUDJOE KEY AND KEY LARGO FLORIDA
_..._...___.__...____.._..__......_...t_...__...__.__......__......__...._.....___..........____~_.._......_..._...._____..._____._.........__..........._........__.._.___.........___...
in .____.._.___..___~QN__RQ~____...___.._....._________....._..._.____. County, State of ....._._E1QBJ_P.A._....._.__......_...____..._.. . .._.._ which
may be paid for in part with financial assistance from the United States of America, acting through -the F'~;;;"~'r~ Home
Administration of the United States Department of Agriculture, hereinafter referred to as FmHA, pursuant to the
Consolidated Farm and Rural Development Act, (7 U.S,C. Inl et seq.) and the ENGINEER agrees to perform the various
professional engineering services required for the design and construction of said system.
WITNESSETH:
That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed:
SECTION A - ENGINEERING SERVICES
The ENGINEER shall furnish basic engineerIng services as follows:
I. The ENGINEER will conduct preliminary investigations required to determine project feasibility.
2. The ENGINEER will prepare preliminary drawings and cost estimates.
3. The ENGINEER will prepare a preliminary engineering report following FmHA instructions and guides.
4. The ENGINEER will furnish 10 copies of the preliminary engineering report, cost estimates, and layout maps to the
OWNER.
5. The ENGINEER will attend conferences with the OWNER and representatives of the FmHA and other interested
parties,
6. After the preliminary engineering report has been reviewed by FmHA and the OWNER directs the ENGINEER to
proceed, the ENGINEER will perform the necessary design surveys, accomplish the detailed design of the project,
prepare detailed drawings, specifications and contract documents, and make a final cost estimate based on the final
design for the entire system. It is also understood that if subsurface explorations such as borings, soil tests and the like
are required to determine amounts of rock excavation or foundation conditions, the ENGINEER will furnish
supervision of said explorations without additional charge, but the costs incident to such explorations, no matter
whether they are performed by the ENGINEER or by others, shall be paid for by the OWNER as set out in Section D
hereof.
7. The contract documents furnished by the ENGINEER under Section A-6 above shall utilize FmHA-endorsed standard
construction contract documents, induding FmHA Supplemental General C-:-nditions, Contract Change Orders and
partial payment estimates. All of these documents shall be subject to FmHA approval.
8. Prior to the auvertisement for bids, the ENGINEER for each contract will provide not to exceed 10 copies of detailed
drawings, specil1cations, and contract documents for use of the OWNER, FmHA, and the appropriate Federal, State,
and local agencies from whom approval of the project must be obtained. The cost of such drawings, specifications, and
contract documents shall be included in the basic compensation paid to the ENGINEER,
9. The ENGINEER will furnish additional copies of the drawings, specifications and contract documents as required by
prospective bidders, material suppliers, and other interested parties, but may charge for the actual cost of such copies,
Upon award of each contract, the ENGINEER will furnish to the OWNER five sets of the drawings, specifications and
contract documents for execution. The cost of these sets shall be included in the basic compensation paid to the
ENGINEER. Original documents, survey notes, tracings, and the like, except those furnished to the ENGINEER by the
OWNER, are and shall remain the property of the ENGINEER.
10. The drawings prepared by the ENGINEER under the provisions of Section A-6 above shall be in sufficient detail to
permit the actual location of the proposed improvements on the ground. The ENGINEER shall prepare and furnish to
the OWNER without any additional compensation, three copies of a map showing the needed construction easements
arid permanent easements and the land to be acquired. Property surveys, property plats, legal descriptions. and
negotiations for land rights shall be accomplished by the OWNER, unless the OWNER requests the ENGINEER to
" perform these services. In the event the ENGINEER is requested to perform such services and make detailed surveys,
the ENGINEER shall be additionally compensated as set out in Section D hereof.
Position 6
F:~H^ 442.19 (Rev, 1.28-77) '2-! 2-:
II. The ENGINEER will attend the bid opening anu tabulate the bid proposals. make an analysis of the bids, and make
recommendations for awarding contracts for construction.
12. The ENGINEER will check and approve any necessary shop and workin1! drawin1!s furnished by contractors.
13. The ENGINEER will interpret the intent of the drawings and specifications 10 protect the OWl\FR against defeels and
deficiencies in construction on the part of the contractors. The ENGINEER will not, however. guaranle~ the
performance by any conI ractor.
14. The ENGINEER will provide horizontal and vertical control in the form of bench mark circuit anu lwo base lines for
vertical control to be used by the contractor in staking the construction. Sewer lines shall be staked for laser beam
construction by the ENGINEER,
15. The ENGINEER will provide general engineering inspection of the work of the contractors as construction progresses.
Unless notified by the OWNER in writing that the OWNER will provide for such inspection. the ENGINEER will
provide detailed resident construction inspection (RESIDENT INSPECTOR) for tlie additional compensation set forth
in Section C. The ENGINEER does not guarantee the performance of the contraclor(s) hy the ENGINEER'S
performance of such detailed construction mspection. The ENGINEER'S undertaking hereunder shall not relieve the
the contractor of his obligation to perform the work in conformity with the drawings and specificatiolls and
in a workmanlike manner; shall not make the ENGINEER an insurer of the contractor's performance; and shall not
impose upon the ENGINEER any obligation to see that the work is performed in a safe manner.
16, The ENGINEER will cooperate and work closely with FmHA representatives.
17. The ENGINEER will review and approve estimates for progress and final payments,
18. The ENGINEER will make final inspection of all construction and a written certification of final inspection to the
OWNER and FmHA,
19. The ENGINEER will provide the OWNER with one set of reproducible record (as-built) drawings, and two sets of
prints at no additional cost to the OWNER, Such drawings will be based upon information provided by the RESIDENT
INSPECTOR.
20. The ENGINEER will prepare notices and advertisement of final payments if required by state statutes.
21. The ENGINEER will be available to furnish engineering service and consultatJOns necessary to correct all unforeseen
project operating difficulties for a period of I year after the date of final inspection and acceptance of the facility by
the OWNER and FmHA, This service will include instruction of the OWNER in initial project operation and
maintenance but will not inclt'de supervision of normal operation of the system. Such consultation and advice shall be
furnished without additional charge except for travel and subsistance costs.
22. The ENGINEER further agrees to obtain and maintain. at the ENGINEER'S expense, such insurance as will protect
him and the OWNER from claims under the Workman's Compensation Act and from all claims for bodily injury, death,
or property damage which may arise from the negligent performance by the ENGINEER or by the ENGINEER'S
employees of the ENGINEER'S functions and services required under this Agreement.
23. The ENGINEER further agrees to provide the operation and maintenance manual for waste treatment facilities when
required by the Environmental Protection Agency or FmHA for $ ---------m--_NllL__________________u____.__.
24. The services caIled for in Section A-I through A4 of this Agreement shall be completed and the report submitted by
~ tlL~--u_-.Q~-~_.~..f.:t~:r.--~HA--1l.P.P.r.QY..?:1.._9.f . the full application.
(uote) .
After acceptance by the OWNER and FmHA of the Preliminary Engineering Report and upon written authorization
from the OWNER, the ENGINEER will complete final plans, specifications and contract documents and submit for
approval of the OWNER, FmHA and all State regulatory agencies by -y~~~-~~------.-----~~y.~.__?.f!__~E__f.I:r!~ approval of
unless otherwise agreed to by both parties. the prel:i.m:iAmvy engineering report.
If the above is not accomplished within the time period specified. this Agreement may be terminated by the OWNER.
-2-
,..~~-_.-
L-.13
'.
.
"';-'f.
SECTION B- COMPENSATION FOR BASIC ENGINEERING SERVICES
The OWNER shall compensate the ENGINEER for basic engineering services
shown in Attachment Land further described below:
When Attachment I is used to establish compensation for basic services the construction costs on which compensation
is determined shall exclude legal fees, administrative costs, engineering fees, land rights acquisition costs, water costs,
and interest expense incurred during the construction period. The compensation for basic engineering services shall
be payable as follows:
as
1.
2.
Ii~n sum e~:in~'~~'i~~~!r--bymti;~--F-~-HA-'~~d--~CC~;~~a~~e (~y"t~f1jtrtllR:m
A sum Whl ether with the specific sum set forth in Section B.l above equals seventy p t (70%) of the
total compensation able after completion and submission of the final drawings, s . 'cations, cost estimates,
and contract documents. a le acceptance of the same by the OWNER and
A sum equal to ten percent (10 0 the total compensation payable i lately after the construction contracts
are awarded. DELETED
A sum equal to twenty percent (20%) of the total c
inspection of the contractor's work during the co c riod on percentage ratios identical to those approved
by the ENGINEER as a basis upon whic make partial payn to the contractor(s). However, I1nal payment
under this paragraph and of such a 'anal sums as are due the ENGI by reason of any necessary adju~t!TIt'nts
in the payment computatio ill be in an amount so that the aggregate of a 115 paid to the ENG INEER will
equal one hundred nt (100%) of the basic compensation, Final payments shall not ade until it is determined
that all ser' required by tllis Agreement have been completed except for the services set
here . DELETED
3.
4.
The compensation for engineering services shall be:
o The total sum of $ mN/A__..m.___m....
[]l Established by Attachment I., as a ceiling figure only. Compensation shall be based on
Direct Personnel Expense times a Multiplier of 1.75, as method of payment, plus reim-
bursible expenses~~ as defined herein. Payments of fees earned in this manner shall be
paid monthly, based on the personnel records of the ENGINEER. Direct. Personnel Expenses
are defined as the salaries of professional, technical and clerical employees engaged
in the project outlined herein, and the cost of their mandatory and customary benefits
such as ststutory employee benefits, insurance, sick leave, holidays, vacations,
pensions and similar benefits.
~~Reimbursible expenses are defined as out-of-pocket expenses directly chargeable to the
project outlined herein, at actual cost incurred, and such charges shall be itemized and
included in the monthly invoices for time charges and shall be paid for as provided for
(continued below Section C)
SECTION C - COMPENSATION FOR DETAILED RESIDENT CONSTRUCTION INSPECTION
AS SET FORTH IN SECTION A-IS
When the engineer provides detailed resident construction inspection. he will, prior to the preconstruction con.
ference, submit a resume of the construction inspectors' qualifications, anticipated duties and responsibilities for approval
by the OWNER and FmHA. The OWNER agrees to pay the ENGINEER for such service in accordance with the schedule
set out in Attachment I. The ENGINEER will render to OWNER for such services an itemized bill, separate from any
other billing, at the end of each month, for compensation for such services performed hereunder during such month, the
same to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following month.
Reimbursible expenses (cont.) ... time charges. Typical reimbursible expenses include
travel from the ENGINEER'S office( as prescribed for public officers pursuant to
F.~,. 112), surveying costs, special electronic devices, printing, reproduction, etc.
Relmbursement for other expenses while traveling in the OWNER'S behalf shall be in
accordance with appropriate State Stat- -3- utes.
2-/cf
SECTION D - ADDITIONAL ENGINEERING SERVICES
In addition to the foregoing being performed, the following services may be provided UPON WRITTEN AUTHORIZA.
TION OF THE OWNER and approval of the FmHA:
1. Site surveys for water treatment plants, sewage treatment works, dams and reservoirs.
2. Laboratory tests, well tests, borings, specialized geological, hydraulic or other studies recommended by the ENGINEER.
3. Property surveys, detailed descriptions of sites, maps, drawings, or estimates related thereto; assistance in negotiating
for land and easement rights. .
4. Necessary data and filing maps for water rights, water adjudication, and litigation,
5. Redesigns ordered by the OWNER after Lnal plans have been accepted by the OWNER and FmHA.
6. Appearances before courts or boards on matters of litigation related to the project.
...
Payment for the services specified in this Section D shall be as agreed between the OWNER and ENGINEER and
approved by FmHA prior to commencement of the work, barring unforeseen circumstances, such payment should not exceed
$ __m______~l~__m__m__________m____m_____._. The engineer will render to owner for such services an itemized bill, separate from
any other billing, at the end of each month for compensation for services performed hereunder during such month, the same
to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following month.
Above items authorized shall be p~able as reimbursible expenses as defined
herein.
SECTION E - APPROVAL BY FmHA
This agreement shall not become effective until approved by FmHA, Such approval shall be evidenced by the signature
of a duly authorized representative o~ FmHA in the space provided at the end of this Agreement. The approval so evidenced
by f-mHA shall in no way commit FmHA to render finalH.:ial assistance to the OWNER, but in the event such assistance is
provided, the approval shall signify that the provisions of this Agreement are consistent with the requirements of FmHA.
-4-
2--/5
IN WITNESS WHEREOF, the parties hereto have executed. or caused to be executed by their duly authorized
officials, this Agreement in duplicate on the respective dates indicated below,
(SEAL) OWNER: MONROE COUNTY MUNICIPAL
/ ? ~., BY__~~~~~________
/./;/ ~ ~ "-
A TTES(t:~7'C~~ -~ \ __________::::-., .type Name -P-<?-~n__~~_~~_~~~_~_~_E________________._______________
Ti tie ---f-~~j-!:~?-~---?-t_!~_~_A?~E~____?K__g_?_~!l_!_y
Commissioners of Monroe County,
Type Name ----.RalplL.N.&__Whi!.fL_---.-----------______ JOaDe ---JJ.2Lt_~_?__~~_!j~8.__~_?___!_h_.~___M9_~_E_9..~_______
County Municipal Service District
1. i tie -----________Cil_r.k.._____________________________
Date
(SEAL)
ATTEST:
ENGINEER:M.VINCENT PROTHEROE,P.E., CONSULTING
ENGINEER
By ______________n__________ _____________ __________ _____m______________________________
Ty pe N ame ---!1.~---Y:m~~Q~_J).F.Q_~h~~2~___________________m___
Type N am e -----------_____________________________________________ Tit I e ----------__P-r_f?_~;l.Ql?.n:t!__________________________________________________
Ti tie ------____________._______________________ __________________ Da te ________________________.,..__________________________.________________________
APPROVED:
FAR..\1ERS HOME ADMINISTRATION
By _________________________________________________________________.
Ty pe Name _____________.__ ___._____________________________________
Ti tl e ________________________________________________._____________
-5-
\.
---\ "
'2...1lo