Change Order No. 1
CHANGE ORDER NO. 1
THIS AGREEMENT entered into this 1st
day of July,
1980, by and between the County of Monroe, State of Florida,
a political subdivision of the State of Florida, hereinafter
referred to as "Owner", and Connell Metcalf & Eddy, Inc.,
a Florida corporation, hereinafter referred to as "Engineer",
WITNESSETH:
WHEREAS, the parties entered into a contract to provide
for professional services by Connell Metcalf & Eddy, Inc.
to the County of Monroe, and
WHEREAS, it is necessary that said contract be clarified
to provide for revision to clause 5.1.2.1 and to provide for
clarification of the duties and responsibilities of Resident
Engineer, now, therefore,
IN CONSIDERATION of the mutual covenants, promises and
premises herein contained, the parties agree as follows:
1. That pages 9 and 15 of the contract dated June 3,
1980, be removed and that the attached pages 9 and 15 be
inserted therein.
IN WITNESS WHEREOF the parties hereto have executed
this Change Order No. 1 as of the day and year first above
written.
COUNTY OF MONROE, STATE OF
FLORIDA
By
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Chairman
(Seal)
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CONNELL METCALF & EDDY, INC.
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, President
By
(Seal)
Attest:
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Secretary
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APPROVED AS TO FORM
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LUMP SUM METHOD OF PAYMENT
SECTION 5-PA YMENTS TO ENGINEER
5.1): l\fethods or Pa)'ment for Services and Expenses of
. ENGINEER.
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S.I.I. For Basic Services. OWNER shan pay EN-
GINEER for Basic Services rendered under Section 1
(as amended and supplemented by Exhibit A "Further
Description of Basic Engineering Services and Related
Matters") as follows:
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S.I.I.I. One Prime Contract. Ifon)y one prime
contract is awarded for construction, materials,
equipment and services for the entire Project, a lump
sum fee of $ N/ A ; but, if the prime con-
tract contains cost-plus or incentive ~avings provi-
sions for Contractor(s)' basic compensation, a lump
sumfeeof$ N/A
5.1.1.2. Several Prime Contracts. If more than
one but less than 4 separate prime contracts
are awarded for construction, materials, equipment
and services for the entire Project, a lump sum fee
of $ 26. 100 ; but, if any prime contract con-
tains cost-plus or incentive savings provisions for
Contractor(s)' basic compensation, a lump sum fee
of $ N / A .
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5.1.2.2. Special Consultants. For services and
reimbursable expenses of special consultants em-
ploytrd by ENGINEER pursuant to paragraph 2.1.7
or 2.1.17, the amount billed to ENGINEER therefor
times a factor of 1. 10_.
5.1.2.3. Serving as a Witness. For the services
rendered by principals and employees as consultants
or witnesses in any litigation, hearing or proceeding
in accordance with paragraph 2.1.16, at the rate of
$ 500.00 per day or any portion thereof (but com-
pensation for time spent in preparing to appear in
any such litigation, hearing or proceeding will be on
the basis provided in paragraph 5.1.2.1).
5.1.2.4. Resident Project Services. For resident
services during construction furnished under para-
graph 2.2.1, on the basis of PayrolJ Costs times a
factor of N/ A for services rendered by princi-
pals and employees assigned to field offices in con-
nection with resident Project representation.
5.1.3. For Reinlbursable Expenses. In addition to
payments provided for in paragraphs 5.1.1 and 5.1.2,
OWNER shall pay ENGINEER the actual costs of all
Reimbursable Expenses incurred in connection with
all Basic and Additional Services.
5.1.4. The terms "Payroll Costs" and "Reimbursable
Expenses" will have the meanings assigned to them in
paragraph 5.4 which appears on the reverse side of this
page.
5.2. Times of Pa)'ments.
5.2.1. ENGINEER shall submit monthly statements
for Basic and Additional Services rendered and for
Reimbursable Expenses incurred. The statements will
be based upon ENGINEER"s estimate of the propor-
tion of the total services actually completed at the time
of billing. OWNER shall make prompt monthly pay-
ments in response to ENGINEER"s monthly state-
ments.
5.3. Other Provisions Concerning Payments.
5.3.1. If OWNER fails to make any payment due EN-
GINEER for services and expenses within sixty days
after receipt of ENGINEER.s bill therefor, the
amounts due ENGINEER shall include a charge at the
rate of 1'* per month from said sixtieth day, and in
addition, ENGINEER may, after giving seven days'
written notice to OWNER, suspend services under this
Agreement until he has been paid in full all amounts
due him for services and expenses.
5.3.2. In the event of termination by OWNER under
paragraph 7.1 upon the completion of any phase of the
Basic Services, progress payments due ENGINEER
for services rendered through such phase shall consti-
tute total payment for such services. In the event of
such termination by OWNER duripg any phase of the
Basic Services, ENGINEER will be paid for services
rendered during that phase on the basis of Payroll Costs
times a factor of 2 · 10 for services rendered dur-
Page 9 of _l2_pages
8.2.2. Exhibit B "Duties, Responsibilities and Limitations of Authority of
Resident Project Representative consisting of 2 pages.
I .
8.3 It is understood that attendance at preconstruction conferences and
preparation of change orders and as-built drawings are included as part of the
basic services under the lump sum fee.
8.4 Article 5.1.2.1., Payment for Additional Services, is hereby deleted.
If any of the additional services described in Article 5.1.2.1 are required,
a lump sum payment for these services will be approved in advance.
8.45. This Agreement (consisting of pages 1 to 15, inclusive), together with
the Exhibits and schedules identified above constitute the entire agreement
between OWNER and ENGINEER and supersede all prior written or oral under-
standings. This Agreement and said Exhibits and schedules may only be amended,
. supplemented, modified or cancelled by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have made and exeucted this Agreement
as of the day and year first above written.
ENGINEER:
CONNELL METCALF & EDDY, INC.
ATTEST:
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THOMAS S. ROONEY --1--~
PRESIDENT
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BENJ IN M. RAWLS
SECRETARY /J)
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OWNER:
THE COUNTY OF MONROE
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Page 15 of 15 Pages