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HomeMy WebLinkAboutSupplement No. 1ASUPPLEMENTAL AGREEMENT NO. 1 A TO CONSULTANT AGREEMENT This Supplemental Agreement, made and entered into this 15th day of July , 1980, by and between: THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (hereinafter referred to as "County") and M. VINCENT PROTHEROE, P.E. Consulting Engineer 123 N.W. 23rd Street Gainesville, Florida 32607 (hereinafter referred as "Consultant") WITNESSETH: In accordance with the Consultant Agreement dated the 3rd day of June, 1980, by and between the Board of County Commis- sioners of Monroe County, Florida (County), M. Vincent Protheroe (Consultant) under Article 1. - Scope of Services, Consultant hereby presents a scope of engineering services for construction of 2nd Avenue - Stock Island - length of project approximately 0.10 miles. A. SERVICES - DESIGN PHASE The Consultant shall provide engineering services and pre- pare plans, specifications, and contract documents for improve- ments to 2nd Avenue - Stock Island. These services shall include the following: 1. Serve as County's professional engineering representa- tive and give consultation and advice to the County. 2. Provide necessary land surveys. The surveys shall in- clude location of right-of-way, existing alignment, topograph, profile, establishing horizontal control points, and establishing vertical control bench marks. 3. Prepare drawings, specifications, contract and bidding documents, and estimated costs of construction. Design to include all road stripping, signs, drainage, and to be in accordance with requirements of the standard spec- ifications of the Florida Department of Transportation. 4. Obtain all permits required to complete construction. Page 1 of 6 Pages S. All drawings, specifications and documents shall be submitted to the County for their review and approval. Upon approval the Consultant shall provide the necessary copies to the County in order to allow the County to solicit bids. 6. Assistthe County to advertise, receive and evaluate bids, and negotiate and aw4rd the contract. 7. Provide necessary soil investigations. 8. Attend and participate in the pre -construction conference. B. SERVICES - CONSTRUCTION PHASE When requested and authorized by the County Road Department, the Consultant shall provide engineering services in connection with the Construction Phase of 2nd Avenue - Stock Island as follows: 1. Consult with and advise the County and act as his repre- sentative to the extent provided in the General Condi- tions of the Contract to be issued for Construction of this project. 2. Make periodic visits to the site to observe as an experienced and qualified design professional the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents; he shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of work; he shall not be respon- sible for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s) or the safety precautions and programs incident to the work of Contractor(s). His efforts will be directed toward providing assurance for County that the completed Project will conform to the Contract Documents, but he shall not be responsible for the failure of Contractor(s) to perform the construction work in accordance with the Contract Documents. During such visits and on the basis of his on -site observations he shall keep County inform - Page 2 of 6 Pages ed of the progress of the work, shall endeavor to guard County against defects and deficiencies- in the work of Contractor(s) and may disapprove or reject work as failing to conform to the Contract Documents. 3. Review and approve Shop Drawings (as that term is defined in the aforesaid General Conditions) and samples, the results of tests and inspections and other data which any Contractor is required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents; determine the acceptability of substitute materials and equipment proposed by Contractor(s); and receive and review (for general content as required by the Specifications) schedules, guarantees, and certificates of inspection which are to be assembled by Contractor(s) in accordance with the Contract Documents. 4. Issue instructions of the County to Contractor(s); prepare routine change orders as required; he may, as County's representative, require special inspection or testing of the work; he shall act as interpreter of the requirements of the Contract Documents and judge of the performance thereunder by the parties thereto and shall make decisions on all claims of County and Contractor(s) relating to the execution and progress of the work and all other matters and questions related thereto; but Consultant shall not be liable for the results of any such interpretations or decision rendered by him in good faith. S. Based on his on -site observations as an experienced and qualified design professional and on his review of Contractor(s)' applications for payment and the accom- panying data and schedules, determine the amounts owing to Contractor(s) and approve in writing payments to Page 3 of 6 Pages Contractor(s) in such amounts; such approvals of payment will constitute a representation to County, based on such observations and review, that the work has progress- ed to the point indicated and that, to ghe best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work as a function- ing Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any qualifications stated in hiss approval), but by approving an application for payment Consultant will not be deemed to have represented that he has made any examination to determine how or for what purposes any Contractor has used the moneys paid on account of the Contractor(s)' work, materials or equipment has passed to County free and clear of any lien, claims, security interest or encumbrances. 6. Conduct an inspection to determine if the Project is substantially complete and a final inspection to determine if the Project has been completed in accor- dance with the Contract Documents and if each Contractor has fulfilled all of his obligations thereunder so that Consultant may approve, in writing, final payment to each Contractor. In performing these services, the Consultant shall not be responsible for the acts of omissions of any Contractor, or any subcontractor, or any of the Contractor(s)' or subcontractor(s)' agents or employees, or any other persons (except the Consultant's own employees and agents) at the project site or performing any work of the project. C. SERVICES - ADDITIONAL When requested and authorized by the County, the Consultant shall provide Additional Services which are not considered normal Page 4 of 6 Pages or customary Basic Services. 1. Services resulting from significant changes in general scope of the project. D. ESTIMATES OF COST Since Consultant has no control over the cost of labor, materials or equipment, or over the Contractor(s) methods of determining prices, or over competitive bidding or market con- ditions, his estimates of probable Project Cost or Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee that proposals, bids or the Construction Cost will not vary from opinions of probable cost prepared by him. E. COMPENSATION Compensation for services shall be as follows: 1. For the work described in Paragraph A. SERVICES - DESIGN PHASE, the County agrees to compensate the Consultant pursuant to the Basic Agreement, Article 5, Method 1, the Lump Sum amount of $6,990.- 2. For the work described in Paragraph B. SERVICES - CONSTRUCTION PHASE and Paragraph C. SERVICES - ADDITIONAL, the County agrees to compensate the Consultant pursuant to the Basic Agreement, Article 5, Method II, by taking the Direct Personnel Expense of all those persons engaged directly on the County's work and adding a surcharge of 175 0 . Additionally, the County shall reimburse the Consultant for all out-of-pocket expenses as provided in Article 8 of the Basic Agreement. F. PROJECT DESIGN SCHEDULE The Consultant shall complete the services described in Paragraph A. SERVICES - DESIGN, within fourty-five (45) days. Page 5 of 6 Pages G. TERMINATION This Supplemental Agreement may be terminated by either party giving thirty (3) days notice in writing to the other party. In the event of Notice of Termination, the Consultant shall do no futher work, and he shall be paid for all work then in progress up to the date of termination. IN WITNESS WHEREOF, the parties have cuased these presents to be executed the day and year first above written. Signed, Sealed, and Delivered in the Presence of: Signed, Sealed, and Delivered in the Presence of: 5-1 t n Pes s Witness THE BOARD OF COUNTY COMMISSIONERS OF MONROE C TY, FLORIDA By airman (Seal) Attest: Clerk M. VINCENT PROTHEROE, P.E. Consulting Engineer ,--. 5�z� M. Vincent Protheroe, P.E. AMMM AS TQ fORM AND AMU U XIENCY. Page 6 of 6 Pages