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
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
By
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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.
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(Seal)
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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.
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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
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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.
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C-2