Loading...
Resolution 481-1989 RESOLUTION NO. 481 -1989 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO APPROVE THE AGREEMENT BETWEEN POST, BUCKLEY, SCHUH & JERNIGAN, INC., A FLORIDA CORPORATION AND MONROE COUNTY REGARDING PROFESSIONAL AND TECHNICAL CONSULTANT SERVICES AT THE KEY WEST INTERNATIONAL AIRPORT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to approve the agreement between Monroe County and Post, Buckley, Schuh & Jernigan, Inc. regarding professional and technical consultant services at the Key West International Airport, a copy of same being attached hereto. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on this 9~J day of 4111,JU6-t, 1989, A.D. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA fZt. By $- ;W Mayor/ hairman (Seal) Attest: DANNY L. KOLHAGE, Clerk -Ll.L /J~t1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY. By , ! l UmOJ .30MNOW dl") \11:] >-41'1\10 (t:~d ~l~ 69. UdOJ.:1C dJJ G31lj AGREEMENT BETWEEN CLIENT AND PBS&J FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this day of , 19_, by and between Board of County Commissioners of Monroe County, Florida, hereinafter referred to as CLIENT, and Post, Buckley, Schuh & Jernigan, Inc. a Florida corporation, hereinafter referred to as PBS&J. WITNESSETH: WHEREAS the CLIENT proposes to do certain work towards accompli shment of the project described in Attachment A; and WHEREAS, the CLIENT desires to engage PBS&J to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS, PBS&J desires to provide such professional services in accordance with this Agreement. NOW THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: I. GENERAL SCOPE OF THIS AGREEMENT The relationship of PBS&J to the CLIENT will be that of a professional consu ltant, and PBS&J wi 11 provi de the profess i ona 1 and techni ca 1 servi ces required under this Agreement in accordance with the applicable acceptable professional practices and ethical standards. II. PROFESSIONAL AND TECHNICAL SERVICES It shall be the responsibility of PBS&J to work with the CLIENT and apprise him of solutions to project problems and the approach or technique to be used towards accomp 1 i shment of the CLI ENT I S object i ves as set forth in Attachment A. The scope of services to be provided to accomplish the CLIENT'S objectives is set forth in Attachment B, subject, however, to the inclusion of additional services as provided in IV.C. upon prior written authorization of the CLIENT. III. PERIOD OF SERVICE A. PBS&J wi 11 begin work promptly after receipt of a fully executed copy of this Agreement; such receipt shall constitute written notice to proceed. B. If PBS&J'S services called for under this Agreement are delayed for reasons beyond PBS&J1S control, the time of performance shall be adjusted appropriately. If the services under this Agreement continue for a period 1 of more than one (1) year from the beginning date (as above provided), the fees contained in Attachment C shall be sUbject to renegotiation; any change in such fees shall apply only to the unfinished services as of the effective date of such change. IV. GENERAL CONSIDERATIONS A. All original sketches, tracings, drawings, computations, details, design calculations, and other documents and plans that result from PBS&J'S services under this Agreement are and remain the property of PBS&J as instruments of service. Where such documents are required to be filed with governmental agencies, PBS&J will furnish copies to the CLIENT upon request. B. The CLIENT may, at his expense, obtain a set of reproducible copies of any maps and/or drawings prepared for him by PBS&J, in consideration of which the CLIENT agrees that no additions, deletions, changes or revisions sha 11 be made to same without the express written' consent of PBS&J. CLIENT ~cknowledges that said maps, drawings, etc., are neither intended nor represented to be suitable for reuse for any purpose other than that for which they were specifically prepared. Any such reuse by the CLIENT or others shall be at CLIENT'S or others sole risk without liability or legal exposure to PBS&J unless approved in writing by PBS&J prior to such reuse. C. Notwithstanding that specific services are enumerated in Attachment B, PBS&J will, upon written request of the CLIENT, provide any and all other consu 1 t i ng servi ces normally fall i ng withi n the scope of servi ces offered by PBS&J; provided, however, that such additional services shall result in extra compensation to PBS&J, as provided in Attachment C. It is understood and agreed that if such additional services are requested, this Agreement shall be considered as a continuing contract with respect thereto. D. The CLIENT hereby acknowledges that estimates of probable construct i on costs cannot be guaranteed, and such estimates are not to be construed as a promise to design facilities within a cost limitation. E. PBS&J shall at all times carry, on all operations hereunder, worker IS compensat i on insurance, pub 1 i c 1 i abil ity and property damage insurance, and automotive pub 1 i c 1 i abil ity and property damage insurance, in an amount not less than $1 million per person per occurrence. The CLIENT and APCOA, Inc. shall be named additional insureds and furnished with certificates evidencing such coverage. PBS&J shall also carry at all times, on all 2 operation~ ,,_eunder, professional liability insurance in ~ mount not less than $1 million. PBS&J shall save harmless the CLIENT from claims and liabilities due to its negligent acts, errors or omissions. F. It is understood and agreed that PBS&J's services under Attachment B of this Agreement do not include participation, whatsoever, in any litigation, except as a defendant. Should such services be required, a supplemental agreement may be negotiated between the CLIENT and PBS&J describing the services desired and providing a basis for compensation to PBS&J. G. Upon PBS&J'S written request, the CLIENT will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as PBS&J and CLIENT mutually deem necessary, and PBS&J may rely upon same in performing the services required under this Agreement. H. The CLIENT represents that it is a political subdivision of the State of Florida with the authority to engage the professional services .described in Attachment B and to accept the obligation for payment for the services as described in Attachment C. I. The CLIENT and PBS&J each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of thi s Agreement; and, nei ther the CLIENT nor PBS&J will assign or transfer its interest in this Agreement without the written consent of the other. J. If the services called for under Attachment B include services during any construction activities for the CLIENT's project, neither PBS&J nor its staff shall be responsible for the means, methods, techniques, or procedures of construction selected by Contractor(s) or for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with any laws, ordinances, rules or regulations appl icable to the construction work or for any fai lure of Contractor(s} to perform the construction work in accordance with the Contract Documents. V. COMPENSATION PBS&J shall be compensated for all services rendered under this Agreement in accordance with the provisions of Attachment C. VI. PROHIBITION AGAINST CONTINGENT FEES PBS&J warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for PBS&J, to solicit or secure 3 this Agreement, and that it has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working solely for PBS&J any fee, commission, percentage, gift, or any other cons i dera t i on, cont i ngent upon or resu It i ng from the award or mak i ng of th is Agreement. VII. TERMINATION This Agreement may be terminated by either party on seven (7) days prior wri tten not i ce to the other party. If th is Agreement is termi nated, PBS&J shall be paid in accordance with the provisions of Attachment C for all work performed up to the date of termination. VIII. SUSPENSION, CANCELLATION OR ABANDONMENT In the event the project described in Attachment A, or the services of PBS&J called for under this Agreement, is/are suspended, cancelled or abandoned by the CLIENT, PBS&J shall be given five (5) days prior written notice of such action and shall be compensated for the professional services provided up to the date of suspension, cancellation or abandonment. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions, above stated on the day and year first above written. PBS&J: CLIENT: Post, Buckley, Schuh &oJernigan, Inc. LrJ!~Jfl ~qt CHAIIU\1f,N or 1:" 0 ,.) CHlE.F EX~i~'~l:\-~ :.1 ',:~i~~ Attest;~~zYZY By Attest JJr.I~.70~ AN~ LEGAL . BY t U~ ANar (Seal) (Seal) m:A4-t 4 ATTACHMENT A - DESCRIPTION OF PROJECT PROJECT: Key West International Airport Terminal Auto Parking Facility LOCATION: Key West, Monroe County, Florida LEGAL DESCRIPTION: Airport terminal auto parking area consisting of approximately 3.5 acres of land as shown on "Site Plan" Drawings Sheet 1 of 1, entitled "Key West International Airport, Monroe County, Florida, Terminal Entrance Road and Auto Parking Lot Improvements," prepared by PBS&J, Inc., Project No. 04-004.83, dated June 5, 1987, with latest revision dated February, 1989; attached herewith as Exhibit I. CLIENT: Board of County Commissioners of Monroe County, Florida A. The nature and character of CLIENT'S problems are described as follows: A new terminal entrance road and internal return loop was constructed in 1982 around the perimeter of the airport's public, car rental and employee auto parking facilities. The Airport1s existing parking lot consists of approximately 3.5 acres of old deteriorated asphalt pavement and unpaved limerock surfaces. The partially paved areas form part of the original airport parking lot. The drainage system within this area is obsolete and non-functional. The temporary drainage structures installed within the unpaved areas have likewise ceased to function due to siltation and structural collapse. The parking lot is poorly lighted, unstriped and marked only with a limited number of concrete bumpers. The parking of vehicles is unorganized due to continuous flooding problems and lack of available pavement markings. B. The nature and character of CLIENT's objectives are as follows: . The proper paving, grading, drainage, illumination and pavement parking stall striping and marking configuration are items which need immediate correction to achieve acceptable, adequate and efficient airport parking facilities and enable airport revenue generation through appropriately controlled paid pUblic facilities. m:A4-v A-I ATTACHMENT B - SCOPE OF SERVICES I. PBS&J'S RESPONSIBILITIES The services to be provided by PBS&J under this Agreement fall generally in the categories of Studies and Reports, Land Planning, Land Surveying, Preliminary and Final Engineering, Architecture and Construction Services and are described in detail as follows: Preliminary and final engineering surveys; preparation of appropriate governmental agency permit applications; conceptual, preliminary and final construction drawings, opinions of probable costs, specifications and contract documents for bid advertisement; and general construction contract administration (not including full or part-time resident project representation). A. Surveyinq Services. Perform a 1 imited topographic survey of the project area for preliminary design purposes as follows: 1. Locate existing above ground improvements, including, but not limited to buildings, paved surfaces, roadways and concrete curbs, drainage structures, manholes, electrical and telephone boxes, water meter and valve boxes. 2. Obtain sufficient elevations, referenced to NGVD 1929, throughout the project area. Obtain additional survey information as required for final design purposes as follows: 1. Invert elevations of the sanitary and storm sewer lines at the manholes. 2. Size (inside diameter) of said sanitary and storm sewer lines. 3. Determine the direction of flow within said lines, if possible. B-1 8. Util ity Research and Coordination. The ENGINEER wi 11 obtain from the' appropriate utility companies, i.e., FKAA, FKEC, S8T&T, records of existing underground and/or overhead utilities within and adjacent to the project area to be shown in the plans. C. Water Distribution and Sewaqe Collection Systems. The ENGINEER will prepare construction working drawings and technical specifications on a "one- time-only" basis for a water di stri bution system connecting the proposed parking attendant kiosk to an existing and/or relocated water main as located in Item B above. The ENGINEER will make the necessary permit applications to FKAA and FDER, also on a "one-time-on1y" basis. ENGINEER's opinion as to probable construction costs will be prepared. The ENGINEER will prepare construction working drawings and technical specifications on a "one-time-on1y" basis for an on-site gravity sewage collection system, lift station (if required) and force main (if required) connecting the existing terminal building and the proposed parking attendant kiosk to a proposed sewage treatment plant (not a part of this contract) to be located adjac'ent to the project area. The ENGINEER wi 11 make the necessary permit applications to FOER also, on a "one-time-on1i' basis. ENGINEER's opinion as to probable construction costs will be prepared. O. Pavinq, Gradinq and Drainaqe Plans. The ENGINEER will prepare construction working drawings and technical specifications on a "one-time- only" basis for paving, grading and drainage site work. Existing site elements (i.e., pavement and drainage structures) will be integrated into the final design to the fullest extent possible. Unusable existing site elements (i.e., CBS building and underground storage tanks(s)) are to be removed. Design shall include layout plan and structural details as applicable pertaining to concrete islands, sidewalks, revenue control equipment pads; and finish work involving striping, guardrail barriers, signage and required green area landscaping. The ENGINEER will make the necessary permit applications to FDER for removal of the underground tank(s), also, on a "one-time-on1y" basis. Any groundwater quality sampling, testing or monitoring required thereby shall be a responsibility of the CLIENT. B-2 The ENGINEER will schedule and coordinate required field and laboratory testing associated with site paving and drainage design including, but not limited to, geotechnical subsurface materials investigation and percolation testing. Required tests shall be performed by a reputable geotechnical consultant upon review and approval of the geotechnical consultant's proposed fee schedule and compensation by the CLIENT and the Florida Department of Transportation (FOOT), as per the terms of the CLIENT's Joint Participation Agreement (JPA) with the FOOT. E. Drainage Permitting. The ENGINEER will submit conceptual drainage design utilizing drainage well(s) to the South Florida Water Management District (SFWMD) for drainage review on a "one-time-only" basis. After conceptual approval by SFWMD, the ENGINEER will submit final drainage permit and application(s) on a "one-time-only" basis to both SFWMD and FDER (if required). If drainage utilizing drainage well(s) is not conceptually approved, redesign of the drainage system will be considered as an additional service and is not included in this scope of services. Professional engineering services fees for these additional services, if required, are to be compensated for in accordance with the provisions of Attachment C, "Additional Services." F. Electrical/Site Lightinq Plans. Prepare electrical survey of required services and produce prel iminary and final parking lot 1 ighting and electrical service plans and specifications based on CLIENT furnished power requirements, lighting levels for parking areas and control points. Existing flood lighting fixtures will be utilized to the maximum extent possible. Provision for installation of underground conduit for CLIENT furnished telephone and communications cable requirements will also be provided. II. CLIENT1S RESPONSIBILITIES Soils, materials and water quality field and laboratory testing work shall be directly contracted and paid for by the CLIENT. Client shall bear the cost of all controlling governmental agency permit application/review, system development, metering and impact fees. B-3 m:A4-w ATTACHMENT C - COMPENSATION II. INVOICING PROCEDURE A. PBS&J shall submit invoices to the CLIENT for work accomplished during each calendar month; the amount of each monthly invoice shall be determined on the IIpercentage of completion methodll whereby PBS&J will estimate the percentage of the total Lump Sum services (called for under C-1 Attachment B) accomplished during the invoicing period. Such monthly invoices . . shall include, separately listed, any charges for Additional Services for which time charges shall apply. Such invoices shall be submitted by PBS&J as soon as possible after the end of the month in which the work was accomplished and shall be due and payable by the CLIENT upon receipt. PBS&J reserves the right to suspend all services on the CLIENT's project if an invoice remains unpaid 45 days after date of invoice. If suspended, work may not resume until all unpaid invoices are paid in full. m:A4-u C-2