Resolution 073-1983
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RESOLUTION NO. 071 -1983
A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE AN AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND BR&R ASSO-
CIATES, INC., REGARDING A.I.P. PROJECT NO. 3-12-0044-01
AT THE MARATHON AIRPORT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to execute
an Agreement by and between the Board of County Commissioners of
Monroe County, Florida, and BR&R Associates, Inc., a copy of same
being attached hereto, regarding the A.I.P. Project No. 3-12-0044-01
at the Marathon Airport.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on
the 18th day of March, A.D. 1983.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
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tEjASTOFORM
L SUFFICIENCY.
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Attorney's Office - )' L-
Marath port
A.I.P. No . 3-12-0044-01
This document has important legal consequences; consultation with an attorney is encouraged with respect to its
completion or modification.
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of _ 19_83
between
The Board of County Commissioners of Monroe County, Florida
---------- (OWNER) and
BR & R Associates, Inc.
(ENGINEER).
OWNER intends to accomplish the Airport Improvement Program Project No.3-12-0044-01,
in accordance with the Department of Transportation, Federal Aviation Administration
Grant Agreement Contract No.iir±A06-82—A-80020, consisting of the following specific
project therein: "Light (MI.TL) Parallel Taxiway 7/25 (5, 000 L.F. each side)
Including Guidance Signs", all as more particularly described in the FAA Project
Application
— (hereinafter called the Project).
OWNER and ENGINEER in consideration of their mutual covenants herein agree in respect of the performance
of professional engineering services by ENGINEER and the payment for those services by OWNER as set forth
below.
ENGINEER shall provide professional engineering services for OWNER in all phases of the Project to which this
Agreement applies, serve as OWNER's professional engineering representative for the Project as set forth below
and shall give professional engineering consultation and advice to OWNER during the performance of services
hereunder.
SECTION 1—BASIC SERVICES OF ENGINEER 1.2. Study and Report Phase.
After written authorization to proceed, ENGINEER
shall:
1.1. General.
1.2.1. Consult with OWNER to clarify and define
1.1.1. ENGINEER shall perform professional ser- OWNER's requirements for the Project and review
vices as hereinafter stated which include customary available data.
civil, structural, mechanical and electrical engineering
services and customary architectural services inciden- 1.2.2. Advise OWNER as to the necessity of
tal thereto. OWNER's providing or obtaining from others data or
Page 1 of 14__pages
'ervices of Ihe types described in paragraph ),3, an
a as OWNER's representative in connection with. y
su services,
1.2,3. Provide analyses of OWNER's needs,
surveys, .,ite evaluations and comparative
pro\pecti sites and solutions.
1,2,4, Pro 'de a general economi
OWNER's req irements applicable t
natives,
I. 2, 6, Fur I\h fi ve copies of the Report
and revie
The dIes and responsibilities of ENGINEER uring
the S dy and Report Phase arc amended and su ple-
me cd as indicated in paragraph 2 of Exhibit A" Ir-
I r Description of nasic Engineering Services a
elaled Matters",
(See 8.1.1.)
1.3. Preliminary Desl~n Phase.
After wrillen authorization to proceed with the Prelim-
inary Design Phase, ENGINEER shall:
1,3. I. In consultation with OWNER and on Ihe basis
of the accert@rJ Reflart;'- determine the exlent of the
Pr~ect. *FAA Project Applicntion
1,3.2, Prepare preliminary design documents consist-
ing of final design criteria, preliminary drawings and
outline specifications.
1.3.3. Based on the information contained in the pre-
liminary design documents, submit a revised opinion
of probable Project Costs.
The 'lOd responsibilities of ENGINEE
the Preliminary . Phase are a
mented as indicated in 3 of Exhibit A .. Fur.
ther Descri' Basic Engineer
Re ' atters" .
1.3.6 Engineer shall attend Pre-Design Confl't'ef1
1.4. Final Design Phase.
After written uuthorilution to proceed with Ihc Fin~ll
Design Phase. ENGINEER shall:
1.4.1, On the basis of the acccpted preliminary design
documents and the rcvised opinion of probable Project
Cost, prepare for incorporation in the Contract Docu-
ments final drawings to show the character ,,"<.I extcnl
of the Project (hereinafter called .. Drawings") and
Spccifications.
1.4.2. Furnish to OWNER such documcnts and de.
sign data as may be required for, and assist in the
preparation of. thc required documents so that
OWNER may apply for approvals of such governmen-
tal authtllilil'S ,IS have jmisdidiun llvcr design nill" i;1
applicable to the Project, and assist in obtaining such
approvals by parlicipating in submissions to and ne-
gotiations with &lppropriate authorities,
1.4,3. Advise OWNER of any adjustments to the lat-
est opinion of probable Project Cost caused hy changes
in extent or design requirements of the Project or Con-
struction Costs and furnish a revised opinion of proh-
able Project Cost basel! on the Drawings :&od Specifi-
cations,
1.4.4. Prepare for review and approval by OWNER,
his legal counsel and other advisors contract agreement
forms, general conditions and supplementary condi-
tions, and (where appropriate) bid forms, invitalions
to bid and instructions to bidders, and assist in the
preparation of other related documents.
ten
1.4.5. Furnish #a.<e- copies of the .lbove document~';
~nd present and revie\,V them in person with OWNER,
Means As-Advertised Plans and Specificati()r;~
'es and responsibilities of ENGINEE g
the Final Desl se are amende . upplementcd
as indicated in paragra xhibit A .. Further De-
scription 0 nginecring Sei'\'i ',nd Rclated
rs '.
1.5.
Bidding or Negotiating Phase.
1.3..4. Furnish five copies of the above preliminary
deSIgn documents and present and review them in per- After written aUlhorization to procee<.l with the Bidding
son with OWNER. or Negotiating Phase, ENGINEER shall:
1.3.5 Eng, ineer shall provide surveying and electrl'cal
testing services
as requlred for design under Sections 8.3 and 8.4.
Page 2 of ~ pages
1.6.3. Review and Hpprove (or take other Hppropriate
aClion in respect 00 Shop Drawings (as that term is
defined in the aforesaid Standard General Conditions)
and samples, the results of tests and inspections and
other data which each Contractor is required to suhmit,
hilt only for conformance with the design concept of
the Projct:l and compliancc with Ihc inforlllalion givcn
in the Contract Documents (but such rcview and ap-
Pre-Cons true t ionProval or other action shHII not extend to means, meth-
ods, sequences, techniques or procedures of construc-
tion or to safety precautions and programs incidcnt
thereto); determine the acceptability of substitute ma-
tcrials and equipment proposed by Contractor( sl; and
rcceive and review (for general content as required hy
the Specifications) maintenance and operating instruc-
tions. schedules, guarantees, honds and certificates of
inspection which arc to be assembled by Contractor(s)
in accordance with the Contract Documents.
1.5,1. Assist OWNER in obtaining bids or negotiating
proposals for each separatc prime contract for con-
struction, materials, equipment and services.
1,5.2. Consult with and advise OWNER as to the
acceptability of subcontractors and other pcrsons and
organizations proposed by the prime contractur(s)
(hereinafter callcd "Contractor(s)") for those portions
of the work as to which such accertability is required
by the bidding documents.
/
\'5,3. Consult with and advise OWNER as tu the
acceptability of substitute materials and equipment
proposed hy Contractur(s) when suhstitution prior to
the award of contracts is allowed by the bidding doc-
uments.
1,5.4, Assist OWNER in evaluating bids or proposals
and in assemhling and awarding contracts.
attend
1.6.
During the Con<,trudion Phase ENGINEER shall:
1.6,2, Make visits to the site at intervals appropriate
to the various stages of construction to observe as an
experienced and qualified design professional the prog-
ress and quality of the executed work of Contractor(s)
and to dctcrmine in general if such work is proceeding
in accordance with the Contract Documents, ENGI-
NEER shall not be required to make exhaustive or
continuous on.site inspections to check the quality or
quantity of such work, ENGINEER shall not be re-
sponsible for the mcans, methods, techniques, se-
quences or procedures of construction selected hy
Contractor(s) or the safety precautions and programs
incident to the work of Contractor(s), ENGINEER's
efforts will be directed toward providing a greater de-
gree of confidcnce for OWNER that the completed
work of Contractor(s) will conform to the Contract
Documents, but ENGINEER shall not be responsible
for the failure of Contractor(s) to perform the work in
accordance with the Contract Documents, During sllch
visits and on the basis of on-site observations ENGI-
NEER shall keep OWNER informed of the progress
of the work, shall endeavor to guard OWNER against
defects and deficiencies in such work and may disap-
prove or reject work failing to conform tu the Contract
Documents,
1.6.4, Issue all inslructions of OWNER to Contrac-
tons): issue necessary interpretations and clarifications
of the Contract Documents and in connection therewith
prepare change ordcrs as required; have authority, :IS
OWNER's representative, to require special inspection
or testing of the work; act as initial interpreter of the
requirements of the Contract Documents and judge of
the acceptability of the work thereunder and make de-
cisions on all claims of OWNER and Contractor(s)
relating to the acceptability of the work or the inter-
pretation of the requirements of the Contract Docu-
ments pertaining to the execution and progress of the
work; but ENGINEER shall not be liable for the results
of any such interpretations or decisions rendered by
him in good faith.
1.6.5, Based on ENGINEER's on-site observations
as an experienced and qualified design professional and
on review of applications for payment and the ace om-
Page 3 of _~'!..._pages
panying dala and sc hedules, determine the amounts
owing 10 Conlractor(s) and recommend in writing pay-
ments to Contractor(s) in such amounts; such recom-
mendations of payment will constitute a representation
to OWNER. based on such observations and review,
Ihal the work has progressed to the point indicated,
that. to the hest of ENGINEER's knowledge, infor-
malion and helief, the quality of such work is in accor-
dance with Ihe Contract Documents (subject to an eval-
uation of such work as a functioning Project upon Suh-
slanlial Complclion, to the results of any suhseqllent
tests callcd for in the Contract Documents, and to any
qllalificalions stated in his recommendation), and that
payment of the amount recommended is due Con-
tractor(s); hut by recommending any payment ENGI-
NEER will not thereby be deemed to have represented
that continuous or exhaustive examinations have hcen
made by ENGINEER to check the quality or quantity
of the work or to review the means, methods, se-
quences, techniques or procedures of construction or
safely precautions or programs incident thereto or that
ENGINEEH has made an examination to ascertain
h,)w (II for whal purpose... any Conlractor has IIst't1lhe
muneys paid on account of the Contract Price, or that
litle to any of the work, materials or equipment has
passed to OWNER free and clear of clOy lien, claims.
security interests or encumbrances, or that Contrac-
torrs) have completed their work exactly in accordance
with the Conlract Documents,
I,"',"', Conduct an inspection to determine if the Proj-
ect is <,ubstantially complete and a final inspection to
determine if the work has been completed in accor-
dance with the Contract Documents and if each Con-
tractor hac; fuHiJled all of his obligations thereunder so
that ENGINEER may recommend, in writing, final
paymenl to each Contractor and may give written no-
tice to OWN ER and the Contractor(s) that the work is
acceptable (suhject to any conditions therein ex-
pressed). bUI any such recommendation and notice
shall be subject to the limitations expressed in para-
graph 1.6.5.
1.6,7, ENGINEER shall not be responsible for the
acts or omissions of any Contractor, or subcontractor,
or any of the Contractor(s)' or subcontractors' agcnts
or employees or any other persons (except ENGI-
NEER's own employees and agents) at the site or oth-
erwise performing any of the Contractor(s)' work; how.
ever, nothing contained in paragraphs 1.6.lthru 1.6.7,
inclusive. shall be construed to release ENGINEER
from liability for failure to properly perform duties un-
dertaken by him in the Contract Documents.
1.6.8 Engineer shall prepare routine Change
Or d e r s a s r e qui red . p~!!!! ,~ 0 f _11
SECTION ::!-AOOITIONAL SERVICES OF
ENGINn~R
2.1. General
Ifauthorized in writing hy OWNER, ENGINEER shall
furnish or obtain from others Additional Services llf
the following types which are not considered normal
or customary Basic Servicesjex.cept t'" the exCeRt pm-
....i"e" oth@r~tH~hihi~iJlfiil'HI~
Bn,ie F.RgiReeriRg ~t:r\'ife'; llRtI ~elllte" Mll"er~.":
thcsc willl-te paid for hy OWNER as indicatell in Sec-
tion 5.
2,1.1. Preparation of applications and SUppOI11fl~
documents for governmental grants, loans or advances
in connection with the Project; preparation or review
of environmental assessments and impact statements:
review and evaluation of the effect on thc design re-
quirements of the Project of any such statements and
documents prepared hy olhers: and assistance in 0'"
t aining appwvals of ;1111 hOlll ICS ha vingju I isdid iOIl 0 Vl'I
the anticipated envil'llllmental impact of the Project.
2.1.2, Services to make measured drawings of or III
investigatc existing conditions or facilities. or 10 verify
the accuracy of drawings or olher information fur-
nished by OWNER, Sr'l' 8.3.
2.1.3. Services resulting fwm significant changes in
extent of the Project or its design including. hut not
limited to, changes in size, complexity, OWNER's
schedule, or character of construction or method of
financing; and revising previously acccpted studies,
reports, design documents or Contract Documenls
when such revisions arc due to causes he yond ENGI-
NEER's control.
2.1.4, Providing renderings or models for OWNER's
use,
2.1.5. Preparing documents for alternate bids re-
quested by OWNER for Contractor(s)' work which is
not executed or documents for out-of-sequence work,
2.1.6, Investigations involving detailed consideration
of operations, maintenance and ove~hcad expenses;
providing Value Engineering during the course of de-
sign; the preparation of feasibility studies, cash fl~w
and economic evaluations, rate schedules and appraIs-
als; assistance in ohtaining financing for the Project;
evaluating processes available for licensing and assist-
ing OWNER in ohtaining process licensing; detailed
quantity surveys of material, equipment and lahor; and
"ages
audits or inventories' required in connection with con-
struction performed by OWNER.
2,1.7, Furnishing the services of special consult.lOts
for other than the normal civil, structural, mechanical
and c1ectric<t1 engineering and normal architectural de-
sign incidental thereto, such as consultants for interior
design, furniture, furnishings. communications. acous-
tics. kitchens and landscaping; and providing data or
services of the types described in paragraph 3.3 when
OWNER authorizes ENGINEER to provide such data
or services in liclI of furnishing the same in accordance
with pamgraph 3.3,
2.1.8. Services resulting from the award of more sep.
aratc prime contracts for construction. materials.
equipment or services for the Project than are contem-
plated by paragraph S. I. 1.2, and services resulting
from the arranging for performance by persons other
than the principal prime contractors of services for the
OWNER and administering OWNER's contracts for
such services,
2. J.l), Providing any type of field surveys for design
purposes and engineering surveys and staking to enahle
Contractor(s) to proceed with thcir work: and providing
other special field surveys, See 8.3.
2.1.10, Services in connection with change orders to
reflecl change... rcqllc\tcd by OWNER if the resulting
change in compens<ttion for Basic Services is not com-
mensuralc with the additional services rendered, ser-
vices after the award of each contract in evaluating
substitutions proposed by Contractor(s), and in making
revisions to Drawings and Specifications occasioned
thereby. and services resulting from significant delays,
changes or price increases occurring as a direct or
indirect result of material, equipment or energy short-
ages,
2, I,ll. Services during out-of-town travel required of
ENGINEER other than visits to the site as required
by Section I.
2.1. 12. Preparing for OWNER, on request, a set of
reproducible record prints of Drawingfshowing those
changes made during the construction process, based
on the marked-up prints, drawings and other data fur-
nished by Contractor(s) to ENGINEER and which EN-
GINEER considers significant. (See 8.1.3.)
~':Heans "As-Built Drawings".
2. J. 13. Additional or extended services during con-
struction made necessary by (I) work damaged by fire
or other cause during construction, (2) a significant
amount of defective or neglected work of Contractor(s),
(3) prolongation of the contract time of any prime con-
tract by more than sixty days, (4) acceleration of the
progress schedule involving services beyond normal
working hours. and (5) default by Contractor(s).
2, 1.14. Preparation of operating and maintenance
manuals: protracted or extensive assistance in the uti-
lization of any equipment or system (such as initial
startup, testing. adjusting and nalancing): and training
personnel for operation and maintenance.
2.1.15. Services after completion ofthe Construction
Phase, such as inspections during any guarantee period
and reporting observed discrepancies under guarantees
called for in any contract for the Project.
2,1.16. Preparing to serve or serving as a consultant
or witness for OWNER in any litigation, public hearing
or other legal or administrative proceeding involving
the Project (except as agreed to under Basic Services).
2.1.17. Additional !>ervices in connection with the
Project. including services normally furnished oy
OWNER and services not otherwise provided for in
this Agreement.
2.2. Resident Senices During Construction.
2.2.1. If requested ny OWNER or recommended by
ENGINEER and agreed to in writing by the other, a
Resident Project Representative will be furnished, and
will act as directed by ENGINEER in order to assist
ENGINEER in observing performance of the work of
Contractor(s). Such services will be paid for by
OWNER as indicated in paragraph 5, I ,2.4.
2.2.2. The duties and responsibilities and the limita-
tions on the authority of the Resident Project Repre-
sentative and assistants will be set forth in Exhibit B
which is to be identified, attached to and made a part
of this Agreement before such services begin.
2.2.3. Through more extensive on-site observations
of the work in progress and field checks of materials
and equipment by the Resident Project Representative
(if furnished) and assistants, ENGINEER shall en-
deavor to provide further protection for OWNER
against defects and deficiencies in the work of Con-
tractor(s); but the furnishing of such resident Project
representation will not make ENGINEER responsible
for construction means. methods. techniques, se-
quences or procedures or for safety precautions or
programs, or for Contractor(s)' failure to perform their
work in accordance with the Contract Documents,
Page 5 of } _4_ _ pages
2.2,4, If OWNER designates another person to rep-
resenl OWNER at the Project site who is not ENGI-
NEER's agent ()f employee, the duties, responsibilities
and limitations of authority of such other person and
the effect thereof on the duties and responsibilities of
ENGINEER under this Agreement will be set forth in
an exhihit that is to be identified, attached to and made
a parI of Ihi" Agreement before such services begin.
SECTION 3-0WNER'S RESPONSIBILITIES
OWNER shall:
3, I, Provide all criteria and full information as to
OWNER's requiremenls for Ihe Project, including de-
sign objeclives and constraints, space, capacity and
performancc rClJuiremenls, flexihility ,lOd expandahil-
ity, ,and any budgetary limitalions: und furnish copies
of all design and construction standards which
OWNER will require 10 be included in the Drawings
and Specifications.
3.2. Assist ENGINEER by placing at his disposal all
availahle informal ion pertinent to the Project including
previous reports and any other data relative to design
or construction of the Project.
3.5, Arrange for access to and make all provisions
for ENGINEER 10 enler upon rublic and rrivate prop-
erty as requin:d for ENGIN EER to perform his
services.
3,6, Examine all studies, reports, sketches, Draw.
ings, Specifications, proposals and other documents
presented hy ENGINEER, obtain advice of an attor-
ney, insurance counselor and other consultants as
OWNER deems appropriate for such examination and
render in writing decisions pertaining thereto wilhin a
reasonable time so as not to delay the services of
ENGINEER.
3,7. Furnish approvals and permits from all govern-
mental aUlhorities having jurisdiction over the Project
and such approvals and consents from others as may
be necessary for completion of the Project.
3.8. Provide such accounting, independent cost esli-
mating and insurance counseling services as m.IY be
relJuired fur Ihe Pn~iel:t. SIKh Icgal services as OWNrR
may rcquire or ENGINEER may reasonably reque,>1
with regard to legal issues pertaining to the Projecl
including any that may be raised by Contractor(s), such
auditing service as OWNER may require to ascertain
how or for what purpose any Contractor has used the
moneys paid to him under the construction contract,
and such inspection services as OWNER may require
to ascertain that Contractor(s) are complying with any
law, rule or regulat ion applicable to their performance
of the work.
3.9. Designate in writing a person to act as OWNER's
representCltive with respect to the services to be ren-
dered under this Agreement. Such person shall have
complete authority to transmit instructions, receive in-
formation, interpret and define OWNER's policies and
decisions with respect to materials, equipment, cle-
ments and systems pertinent to ENGINEER's ser-
vices.
3.10. Give prompt written notice to ENGINEER
whenever OWNER observes or otherwise becomes
aware of any development that affects the scope or
timing of ENGINEER's services, or any defect in the
work of Contractor(s).
3.11. Furnish, or direct ENGINEER to provide, nec-
essary Additional Services as stipulated in Section 2
of this Agreement or other services as required.
3.12. Bear all costs incident to compliance with the
requirements of this Section 3.
P~.2e [i of 14 n:ure.c.
SECTION 4-PERIOD OF SERVICE
4. }, The provisions of this Section 4 and the various
rates of compensation for ENGINEER's services pro-
vided for elsewhere in this Agreement have been agreed
to in anticipation of the orderly and continuous prog-
ress of the Projed Ihrough completion of the Construc-
tion Phase, ENGINEER's obligation to render services
hereunder will cxtcnd for a period which may reason-
ably be required for the design, award of contracts and
construction of the Project including extra work anll
required cxtension" Ihercto.
. he 'rcrvices called for in the Study an ort
Phase wi 'ompleted and the rt submitted
wilhin the stipulate '0 Icated in paragraph 2
of Exhibit A .. Furt escnp nasic Engincering
Services' e1atcd Matters" after at 'zation to
cd with that phase of services,
4.4. After acceptance by OWNER of the Preliminary
Design Phase documents and revised opinion of prob-
able Project Cost, indicating any specific modifications
or changes in the extent of the Project desired by
OWN ER, and upon written authorization from
OWNER, ENGINEER shall proceed with the perfor.
mance of the services called for in the Final Design
Phase; and shall deliver Contract Documents and a
revised opinion of probable Project Cost for all work
of Contractor(s) on the Pro'ect wlthm t e
perlO . a ra I it A .. Further
Description of gmeermg . ted
after authorization to proceed with that phase
of services.
4.5. ENGINEER's services under the Stl:uly BAd Re
port Ph:UI, Preliminary Design Phase and Final Design
Phase shall each be considered complete at the earlier
of (}) the date when the submissions for that phase
have been accepted by OWNER or (2) thirty days after
the date when such submissions arc delivered to
OWNER for final acceptance, plus such additional time
as may be considered reasonahle for obtaining approval
of governmental authorities having jurisdiction over
design criteria applicable to the Project.
4,6, After acceptance by OWNER of the ENGI-
NEER's Drawings, Spedfications and other Final De-
sign Phase documentation including the most recent
opinion of probable Project Cost and upon written au-
thorization to proceed, ENGINEER shall proceed with
performance of thc services called for in the Bidding
or Negotiating Phase, This Phase shall terminate and
the services to he rendcred thereunder shall be consid-
ercd complete upon CtlOlIllencement of the Construc-
tion Phase or upon cessation of the negotiations with
prospective Contractor( s) (except as may be otherwise
required to completc Ihe scrvices called for in para-
gnlph 6,2.2.5),
4.7. The Construction Phase will commence with the
execution of the first prime contmct to he executed for
the work of the Project or any part thereof, and will
tcrminillc IIron writll'n appruval hy EN(IINEER of
final payment on the last prime contrad to be com-
pleted. Construction Phase services may be rendered
at different times in respect of separate prime contracts
if the Project involves more than one prime contract.
4,8. If OWNER has requested significant modifica-
tions or changes in the cxtent of the Project, the time
of performance of ENGINEER's services and his var-
iolts rates of compensation shall be adjusted appropri-
ately.
4.9, If OWNER fails to give prompt written authori-
zation to proceed with any phase of services after com-
pletion of the immedhltcly preceding phase. or if the
Construction Phase has not commenced within JlQ____
calendar days (plus such additional time as may be
required to complete the services called for under para-
graph 6.2.2.5) after completion of the Final Design
Phase, ENGINEER may, after giving seven days' writ-
ten notice to OWNER, suspend services under this
Agreement.
4.10. If ENGINEER's services for design or during
construction of the Project are delayed or suspended
in whole or in part by OWNER for more than three
months for reasons beyond ENGINEER's control.
ENGINEER shall on written demilnd to OWNER (but
without termination of this Agreement) be paid as pro-
vided in paragraph 5.3.2. If such delay or suspension
extends for more than one year for reasons beyond
ENGINEER's control. or if ENGINEER for llOY rea-
son is required to render services more than one year
Page 7 of _! ~_ pages
after Substantial Completion, the various rates of om-
pensation provided for elsewhere in this Agreement
shall be subject to renegotiation,
4.11. In the event that the work designed or specified
by ENGINEER is to be performed under more than
one prime contract, OWNER and ENGINEER shall,
prior to commencement of the Final Design Phase,
develop a schedule fot performance of ENGINEER's
services during the Final Design, Bidding or Negoti.
ating and Construction Phases in order to sequence
and coordinate properly such services as applicable to
the work under such separate contracts. This schedule
is to be prepared whether or not the work under such
contracts is to roceed concurrentl a' m-
cue an .c En-
Ices and Related Matters,' and the pro-
visions of paragraphs 4.4 through 4.10 inclusive, will
be modified accordingly,
(The remainder of this page was left blank intentionally. )
~,~.. ~ ('! 11 ~ mH'p.~
LUMP SUM METHOD OF PAYMENT
SECTION S-PA YMENTS TO ENGINEER
5,1. Methods or Payment for Services and f:xpense5 or
ENGINEER.
5.1. J. For ntHie' ,\'al'i('C'.L OWNER shall pay EN-
GINEER for Basi, Servkes rendered under Section 1
(as am emented by Ex . urt er
Description of Basi In . ted
." as follows:
]
:5
1
5,1,1.1, Olll' Prime Cmrtrtl('t, If only one prime
contract is awarded for construction. materials.
equipment and servkes for the entire Pro'ect. alum
sum fee of $ 7 I 500 .~ QQ,. hut, if the n-
tran-ctm " s cost-plus or i . It' savings provi-
sions for Contra ompensation. a lump
~
~
OJ,
~
'J
c-_
~~
'J
"
-
~
9.
o
5.1.2, For Addilwnal SC'n'i('(',~. OWNER shall pay
ENGINEER for Additional Services rendered under
Section 2 as follows:
]
.!:
';;l
~
"
CI,
<3
~
:.c
t:
.2
5.1,2. J, GC'naal. for Additional Servkes ren-
dered under paragrap~s 2,1.1 through 2.1.17, indu-
sive (except services covered by paragraph 2,1. 7 and
servkes as a consultant or witness under paragraph
2.1.16). on the basis of Poyroll Costs times B foetor *
of for servkes rendered by principals and
,~mploYf~S assigned to the Project.
~.lutuj lY agreed Lump Sum Fee amount
~
~
,:;:
Ci.
.,..
;J
,5
..
~
~
5. J. 2, 2, Special Con,w!tcl1Its. For servkes and
reimbursable expenses of special consultants em-
ployed by ENGINEER pursuant to paragraph 2.1. 7
or 2.1.17, Ihe amount billed to ENGINEER therder*
times a fa(;tar af _.
*Mutually agreed Lump Sum Fee amount.
5,1.2,3. Serving as a Witness, For the services
rendered by principals and employees as consultants
or witncsses in any litigation, hearing or pro,ceding
in ac,ordance with paragraph 2. J .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 litig<ltion, hearing or proceeding will be on
the basis provided in paragraph 5. 1,2, I).
5.1.4. The terms" Payroll Costs" and" Rcimbursable
Expenses" will have the meanings assigned to them in
pnragrarh 5.4 which apflCilrs on tho fil"lWiC "ide ~
~~ page 10 of this Agreement.
5.2. Times or Pnymcnts.
5.2. J. ENGINEER shall suhmit monthly !'itatements
for Ilasic and Additional Services rendered and for
Rcimbursnble Expen!'ies incurred, The statements will
be based upon ENGINEER's estimate of the propor-
tion of the total serviccs i1ctually complcted at the lime
of billing, OWNER shall milke prompt monthly pay-
ments in response to ENGINEER's monthly state-
ments.
5.3. Other Pro\'isions Concerning Payments.
5.3. J. If OWNER fails to make any paymcnt due EN-
GINEER for services and expenses within sixty days
after reccipt of ENGINEER's bill therefor. the
amounts due ENGINEER shall include a charge at the
rate of J% per month from said sixticth day. and in
addition, ENGINEER may, aftcr giving seven days'
written notice to OWNER. suspend scrvices under Ihis
Agreement until he hilS heen 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 duc ENGINEER
for services rendered through such phnsc shall consti-
tute total payment for such services. In the event of
such termination by OWNER during any phase of the
Basic Services. ENGINEER will be paid for services
rendered during that phase on the basis of PIlY re II CtJsts*
tiMes B feeter sf ___ for services rendered dur-
*Mutually agreed Lump Sum Fee amount
Page 9 of _!. 4. _ pages
ing that phase to date of termination by principals and
employees assigned to the Project. In the event of any
such termination, ENGINEER will be paid for all un-
paid Additional Services and unpaid Reimbursable Ex-
penses, plus all termination expcn!ie!i. Termination ex.
penses mean Reimbursable Expenses directly attrib-
utable to termination, which shall include an amount
computed as a percentage of total compensation for
Basic Services earned by ENGINEER to the date of
termination, as follows:
20'lf jf termination occurs after commencement of
the Preliminary Design Phase but prior to com-
mencement of the Final Design Phase; or
10% if termination occurs after commencement of
the Final Design Phase.
5.4. Dl'finitions.
5.4. J, The Payroll Costs used as a basis for payment
mean salaries and wages {basic and incentive} paid to
all personnel cn~age(1 directly on the Project, incllldin~,
bul not Iinlltcd tn, engineers, architects, surveyors,
designers, draftsmen, specification writers, estimators,
other technical personnel, !itenographers, typists and
clerks; plus the cost of customary and statutory bene-
fits including, but not limited to, social security contri-
butions, unemployment. excise and payroll taxes,
workers' compensation, health and retirement bene-
fits, sick leave, vacation and holiday pay applicable
thereto. For the purpose!'; of this Agreement, the prin-
cipals of ENGINEER and their hourly payroll costs
are: 45. OO/llr.
The amount of customary and statutory benefits of all
other personnel will be considered equal to 37 %
of salaries and wages,
5.4.2. Reimbursable Expense?' mean the actual ex-
penses incurred dircclly or indirectly in connect ion
with the Project for: transportation and subsistence
incidental thereto; obtaining bids or proflQ
on ra and . 109 field office
facilities; suhsi. transpo t
C resentatives and their assistants; toll tele-
phone calls and telegrams; reproduction (If report...
Drawings, Specifications. and !>imilar PlUjecl-1 c101h:d
items in addition to those required under Section I;
and, if authorized in advance by OWNER, overtime
work requiring higher than regular rates.
*Applicable to S~ction 5.1.2.3.
(The remainder of this page was left blank intentionally.1
Page 10 of _1_4__pages
SECTION f)-CONSTRUCTION COST AND
OPINIONS OF COST
6.1. Construction Cost.
The constrlll:tioll cost of the entire Project (herein re-
ferred to us "Construction Cost") meuns the total cost
of the entire Projccl to OWNER, but it will not include
ENGINEER's compensation and expenses, the cost
of land. right s-of-way, or compensation for or damages
10, properties unless this Agreement so specifics, nor
will it include OWNER's legal, accounting, insurance
counseling or auditing services, or interest and financ-
ing charges incurred in connection with the Project.
(Constrw.:tion Co~t is one of the items comprising Proj-
ect Costs which is defined in paragraph 1.2.5.] When
Construction Cost is used as a basis for payment it will
be hased on one of the following sources with prece-
dence in the order Ii.aed for work designed or specified
by ENGINEER:
(,.1.1, For l"ornpkll'll l"ol1\trlll:tinn wCllk Ihe lolal
costs of all work performed as designed or specified
by ENGINEER,
6,1.2, For work designed or specified but not con-
structed, the lowest bona fide bid received from a qual-
ified bidder for such work; or, if the work is not bid,
the lowest bon.1 fide negotiated proposal for such work.
f). I,), For work designed or specified but not con-
structed upon which no such bid or proposal is re-
ceived, the most recent estimate or Construction Cost,
or, if none is available, ENGINEER's most recent
opinion of probable Construction Cost.
Labor furnished by OWNER for the Project will be
included in the Construction Cost at current market
rates including a reasonuble allowance for overhead
and profit. Materials and equipment furnished by
OWNER will be included at current market prices, No
deduction is to be made from ENGINEER's compen-
sation on account of lIny penalty, liquidated damages.
or other amounts withheld from rayments to Contrac-
toli s),
6.2. Opinions of Cost.
6.2,1. Since ENGINEER has no control over the cost
of labor, materials, equipment or services furnished by
others, or over the Contractor(s)' methods of deter-
mining prices, or over competitive bidding or market
conditions, his opinions of probable Project Cost and
Construction Cost provided for herein are to be made
on the basis of his experience and qualifications and
represent his best judgment as an experienced and qual-
ified professional engineer. familiar with the construe.
tion industry; but ENGINEER cannot and does not
guarantee that proposals, bids or actual Project or Con-
struction Cost will not vary from opinions of probable
cost prepared by him. If prior to the Bidding or Nego-
tiating Phase OWNER wishes greater assurance as to
Project or Construction Cost he shall employ an inde-
pendent cost estimator as provided in paragraph ),8,
6,2.2, If a Construction Cost limit is established by
written agreement between OWNER and ENGI-
NEER, the following will apply:
6,2.2,1. The acceptance hy OWNER at any time
during the Basic Services of a revised opinion of
probable Project or Construction Cost in excess of
the then established cost limit will constitute a cor-
responding revision in the Construction Cost limit
to the extent indicated in such revised opinion,
6,2,2,2, Any Cnllstlll(lioll fmt Ii mil SCl cslahli.,hed
will include a contingency of ten percent unless an-
other amount is agreed upon in writing.
6,2,2,3. ENGINEER will be permitted to deter-
mine what materials, equipment, component sys-
tems and types of construction are to be included in
the Drawings and Specifications and to make reason-
able adjustments in the extent of the Project to bring
it within the cost limit.
6.2.2.4. If the Bidding or Negotiating Phase has not
commenced within six months after completion of
the Final Design Phase, the established Construction
Cost limit will not be binding on ENGINEER, and
OWNER shall consent to an adjustment in such cost
limit commensurate with any applicable change in
the general level of prices in the construction indus-
try between the date of completion of the Final De-
sign Phase and the date on which proposals or bids
are sought,
6.2.2.5. If the lowest bona fide proposal or bid ex-
ceeds the established Construction Cost limit,
OWNER shall (1) give written approval to increase
such cost limit, (2) authorize negotiating or rebidding
the Project within a reasonable time, or (3) cooperate
in revising the Project's extent or quality, In the case
of(3). ENGINEER shall, without additional charge,
modify the Contmct Documents as necessary 10
bring the Construction Cost within the cost limit.
The providing of such service will be the limit of
ENGINEER's responsibility in this regard and, hav-
Page II of _ 1: 1_ pages
ing done so, ENGINEER shall be entitled to pay-
ment for his services in accordance with this Agree-
ment.
SECTION 7-GENERAL CONSIDERATIONS
7.1. Termination.
The obligation to provide further services under this
Agreement may be terminated by either party upon
seven days' written notice in the event of substantial
failure by the other party to perform in accordance
with the terms hereof through no fault of the terminat-
ing party.
7.2. Reuse of Documents.
All documents including Drawings and Specifications
prepared by ENGINEER pursuant to this Agreement
are instrumcnts of service in respect of the Project.
Thcy are not intended or represented to be suitable for
reuse by OWNER or others on extensions of the I'roj-
ect or on any other project. Any reuse without written
verification or adaptation by ENGINEER for the spe-
cific purpose intended will be at OWNER's sole risk
and without liability or legal exposure to ENGINEER;
and OWNER shall indcmnify and hold harmlcss EN-
GINEER from all claims, damages, losses and ex-
penses including allorneys' fees arising out of or re-
sulting therefrom. Any such verification or adaptation
will entitle ENGINEER to further compensation at
rates to be agrecd upon by OWNER and ENGINEER.
7.3. Controlling Law.
This Agreement is to be governed by the law of the
principal place of business of ENGINEER.
7.4. Successors and Assigns.
7.4.1. OWNER and ENGINEER each binds himself
and his partners. successors. executors. administra-
tors. assigns and legal representatives to the other party
to this Agreement and to the partners, successors. ex-
ecutors, administrators, assigns and legal represcnta-
tives of such other party. in respect to all covenants.
agreements and obligations of this Agreement.
7.4.2. Neither OWNER nor ENGINEER shall as~
sign, sublet or transfcr any rights under or interest in
(including. but without limitation. moneys that may
become due or moneys that are due) this Agreement
without the written consent of the other. except as
stated in paragraph 7.4, I and except to the extent that
the effect of this limitation may be restricted by hlW,
Unless specifically stated to the: contrary in any written
consent to an assignmcnt, no assignment will relcasc
or discharge the assignor from any duty or responsi-
bility under this Agreement. Nothing contained in this
paragraph shall prevent ENGINEER from employing
such independent consultants, associates and subcon-
tractors as he may dcem appropriate to assist him in
the performance of services hereundcr.
7.4.3. Nothing hcrein shall be construed to give .my
rights or bcnefits hercunder to anyone other than
OWNER and ENGINEER.
(The remainder of this page was left blank intentionallY.J
Page 12 of _1..4_ pages
. 7.5. Arbitration
/
7.5,1. All claim.., counterclaims, disputes and other
matters in <luestion between the parties hereto arising
out of or relating to this Agreement or the hreClch
thereof will be decided by arhitration in accordance
with the Con..lrllction Industry Arbitration Rules of the
American Arbitration Association then obtaining. sub.
ject to the limitations and restrictions stated in para-
graphs 7,5.3 and 7,5.4 below. This Agreement so to
arbitrate and Clny other agreement or consent to arbi.
Irate entered into in accordance herewith as provided
in this paragraph 7,5 will be specifically enforceable
under the pre vailing arbitration law of any court having
jurisdict ion,
7,5.2, Notice of demand for arbitration must be filed
in writing with the other parties to this Agreement and
with the American Arbitration Association. The de-
mand must be made within a reasonable time after the
claim. dispute or other matter in question has arisen,
In no event may the demand for arbitration be made
after in..titution of legal or equitable proceedings based
(Ill slIch claim. t1i..pule (If uthcr mailer in qucstiun
would oe harrell by the applicable statute oflimitations.
7.5.3, All demclOds for arbitration and all answering
statemenls thereto which include any monetary claim
must contain a statement that the total sum or value
in controversy as Cllleged by the party making such
demand or an...wcring statement is not more than
$200,000 (exclusive of interest and costs). The arbitra-
tors will not have jurisdiction. power or authority to
consider. or make findings (except in denial of their
own jurisdiction) concerning. any claim: counterclaim,
dispute or other mailer in question where the amount
in controversy thereof is more than 5200.000 (exclusive
of interest and costs) or to render a monetary award
in response thercto against any party which totals more
than 5200.000 (exclusive of interest and costs..
7,5.4. No arbitration arisinc out of. or relating to. this
Agreement may include. by consolidation. joinder or
in any other manncr. any person or entity who is not
a party to this Agreement.
7.5.5. By written consent signed by all the parties to
this Agreement and containing a specific rcferencc
hereto, the limitations and restrictions contained in
paragraphs 7.5.3 and 7.5.4 may be waived in whole or
in part as to any claim. counterclaim, dispute or other
matter specifically described in such consent. No con-
sent to arbitration in rcspect of a specifically dcscribed
c1aim, counterclaim. di~pute or other matter in qllC'it ion
will constitute consent to arbitrate any other claim.
counterclaim. disrlltc nr othcr mailer in que~tion which
is not specifically described in such consent or in which
the sum or value in controvcrsy exceeds 5200.000 (cx-
clusive of inter cst and costs) or which is with any party
not specifically described therein.
7,5.6. The award rcndered by the arbitrators will be
final, not subject to "preal and judgment may be en-
tered upon it in any court having jurisdiction thcreof.
(The remainder of this page was left blank intcntionally,)
Page 13 of _!1_ pages
Revised 4/10/79
SECTION 8-SPECIAL I.. v . _3IONS, EXHIBITS and SCHEDULES,
8. I. This Agreement is subject to the following special provisions,
8.1.1. Engineer's Design Report shall be submitted with final construction plans and
specifications as required by the Federal Aviation Administration.
8.1.2. Deleted
8.1.3. To be included under Basic Services.
8.1.4. Compensation for Resident Project Representation shall be based on a per diem
rate of $150.00 (based on a 8 hour work day), or at the rate of $18.75 per hour
(including overtime if required) for any portion thereof.
8,2, The following Exhibits are attached to and made a part of this Agreement:
8,2,\. EJihi~it /. .. ytuther J;)t!Je,.i~tieft ~f 8Mie Cfl~iftUI iJ.~ t~kr. ieci'l flftll Rtllltttl Matter,," eeftUiBtiftg ef
, . "aglo.
8.2,2, Exhibit B .. Duties, Responsibilities and Limitations of Authority of Resident Project Representative"
consisting of _ _ ~_u_ _. pages,
X.2.3, Exhibit C "Certification of Engineer" consisting of 1 pagel.
8.2.4. Exhibit D "Title VI Assurances" consisting of 3 pages.
8,2.5. Exhibit E "Minority Business Enterprise (MBE) Assurances" consisting of 1 pagel-
8.3. Engineering surveying services as required for design shall include horizontal and
vertical control of existing taxiway centerline and establishment of reference points
and bench marks in conjunction with stationing and elevation survey of taxiway edge
profiles including taxiway filet radii for setting of edge lighting system, guidance
signs and cable routing to existing electrical vault. Compensation for 3-man survey
crew shall be based on a total time required of 24 hrs. at a rate of $57.50/hr. for a
total Lump Sum Fee of $ 1,380.00.
8.4. Electrical testing services to be accomplished as required for design shall consist of
the following: high potential testing and Meggar of existing electrical cable to deter-
mine continued service voltage, expected life and integrity of existing power supply
system. Insulation resistance and voltage drop measurements of vault wiring, control
panels, regulators, etc. to determine the extent to which existing equipment can be
utilized. Compensation shall be based on a total Lump Sum Fee of $ 1,100.00.
H,5 This Agreement (consisting of pages I to _14, inclusive), together with the Exhibits and schedules
identified above constitute the entire agreement between OWNER and ENGINEER and supersede all prior
written or oral understandings, 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 executed this Agreement as of the day and year
first above written,
OWNER:
The Board of County Commissioners
.___ of__~...?nroe County, F lor ida
ENGINEER:
BR&R ASSOCIATES, INC.
MAYOR
Patrick J. Rebull, P.E.
__~dent ___,._
Attest:
CLERK
Page .J1I- of _.lli _ pages
Exhibit B to Agreement Between Owner
and Engineer for Professional Services,
dated _______, 19 ,----
(for use with No. 1910-1. 1979 Edition).
Duties, Responsibilities and Limitations of Authority
of Resident Project Representative
A, General.
I{\:~id\:nl Project Represcntative is I':N(;INEFR'~ /\gcnt, will act as directed by alld lindeI' the sUJlCrvision tlf EN(;I-
N EER. and will confer with ENGINEER n:garding his actions. Resident Projed Ih'pre<;entativc's dealings in 1lI;!'kr~
pertaining to the on-site Work shall in general "e only with ENGINEER and CONTRACTOR, and dealings with
~tJhmnlla(tors shall only he thrnugh Ilr with the fnll knowledge of CONTRAC fOR, Wrillen communication wi:h
OWNER will he only through or as direch:d hy ENGINEER.
B, ()utirs and nesponsihilitlt'!'!,
J{l'~i(knt I'rojCl:t Rcprewntativc will:
St IIt,tI/l/l'I: Review t he progress schedule, schedule of Shop Drawing sul'>rni"itln~ and schedule of vallle~ 1"0:1':11 0:<1
hy CONTRACTOR and consult with ENGINEER concerning their acceptability,
], c""ti,rt"'tt'\: Attend preconstmction conferences, Arrange a schedule ofpfllglCss llIeetings and other joh Cllnfercllcl's
a~ re4uired in consultation with ENGINEER and notify those e)lpected to ;IIIClld 10 ;,dV;1I1ce. Atleml meetings, ;Ind
maintain and circulate copies of minutes thereof.
3, I.itli I"":
a. Serve as ENGINEER's liaison with CONTRACTOR, working principally thfltllgh CONTRACTOR's superinten-
dent and assi~t him in understanding the intent of the Contract Documenh. A~~i~l ENGINEER in servingas OWNER's
liai~on with CONTRACTOR when CONTRACTOR's operations afTect OWNER's on-site operations.
h. A~ rcque~ted by ENGINEER. assist in ohtaining from OWNER additional details or information, when rcquire\1
at the joh .,ite for proJlCr execution of the Work,
4, Shop I>mll'inJ.:J tlntl Samplt'.f'"
a, Rel:cive and record date of receipt of Shop Drawings and samples, receive samples which are furnished at (he site
by CONT'3-ACTOR, and notify ENGINEER of their availahility for cltamination,
b. Advise ENGINEER and CONTRACTOR or its superintendent immcdiatel~' of the commencement of any Work
requiring a Shop Drawing or sample suhmission if the submission has not heen i1rproved hy ENGINEER,
5, Rt'I'it'lI' of Work. Rejert;on of D(1('('t;I'(' Work, In.fpnf;on,f (/1/(/ T(,JtJ'"
a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is proceeding
in accordance with the Contract Documents and that completed Work will Ctlnform \0 the Contract Documents,
b, Repun to ENGINEER whenever he believes that any Work is unsatisfadory, faulty or defective or does .not
conform to the Contra\:t Documents, or docs not meet the requirements of any inspections. tests or approval reqlllred
tu be made or has been damaged prior tolinal pttymenl; and advise ENGINEER when he believes Work should he
corrected or rejected or should be uncovered fur observation, or requires srccialtesting, inspection or approval.
c, Verify that tests, equipment and system., 'itartups and operating and maintenance instructions are cunducted as
required hy the Cuntract Documents and in presence of the required personnel. and that CONTRACTOR maintains
ade4uate records thereof; observe, record and repon to ENGINEER appropriate details relative to the test procedures
and stanupe;,
d, Accompany vi'iiting inspectors representing puhlic or other agencies having jurie;diction over the Project, record
the outcome of these inspections and reponto ENGINEER,
1) t979 by Nalional Society of Professionat Engineers, 2029 K St.. N. W.. Washington, D.C. 20006
NSPE/ACEC/ASCE Publication No, 1910-I.A
1979 Edition
Exhibit B
P<'l a e 1 0 f 2
6, IIIln!,,/'IIII;O" o[Colllrt/el Oomml'nt,t: Transmit to CONTRACTOR ENGINEER's clarifications and interpretations
of the Contract Documents.
7. M(/d!{il/ll;tJIl.~: Consider and evaluate CONTRACTOR's suggestions for modificiltilms in Drawings or Specifications
and report them with recommendations to ENGINEER,
8, R/'cordl:
a. Maintain at the job !lite orderly files for correspondence, reports of job conferences, Shop Drawings and samples
submi'isions, reproductions of original Contract Documents including all addenda. change orders, field orders, addi-
tional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations
of Ihe Contract Documents, progress reports, and nther Project related documents,
h. Keep a diary or log book, recording hours on the joh site. weather conditions, data relative to questions of extrils
or dcdul:tions, list of visiting officials and representati\'e!l of manufacturers, fahril:ators, suppliers and distrihutors,
daily activilies, decisions, oh!lervations in general and s!,ecifk observations in more detail as in the case of ohserving
le'il prol:edures, Send copie!lto ENGINEER,
c, Rel:ord names, addresses and telephone numhers of all CONTRACTORS, suhcontractors and major suppliers of
materials and equipment,
9, R/'po'H:
a. Furni..h ENGINEER reriodic reports as rcquired of progress of the Work and CONTRACTOR's compliance with the
approved progress schedule and schedule of Shop Drawing submissions,
1'1, Conslllt with ENGINEER in advance of scheduled major tests. inspections or start of important phases of the
wOlk.
e. Report immediately to ENGINEER upon the occurrence of any :Iccidenl.
10, /'0.1''''/'''' /(,'//ui,I;I;mu: Review al'I'lieations for p:lyment with ('ONTI{^("loR for cornpliilnce with the e..tal1".."c"
procedure for their submission and forward them with recommendations to ENGINEER. noting particularly their
relation to the schedule of values, Work completed and materials and equipment delivered at the site hut not incor-
porated in the Work.
II, C/'rl;fictll/',I', Mai"It'llfInCl' and Oprrt/t;on Mmlllah: ntlring the course of the Work, vcrify that certificates. maintenance
and operation manuals and olher data required to he assembled and furnished hy CONTRACTOR are "pplicahle 10
the items a\."tually installed: and deliver this material to ENGINEER for his review and forwarding to OWNER prior
10 final acceptance of the Work.
12, COIIII/fel;on:
a, Defore ENGINEER issues a Certificate of Substantial Co",pletion, submit to (,ONTR^CTOR a list of observed
items requiring completion or correction,
b. Conduct final inspection in the company of ENGINEER. OWNER and CONTRACTOR and prepare a final list of
items to he completed or corrected,
Co Verify that all items on finalli~t have heen completed or corrected and make recommendations to ENGINEER
concerning acceptance.
C, Limitations of Authority.
Except upon wrillen instructions of ENGINEER, Resident Project Representative;
/, Shall not authorize any deviation from the Contract Oocuments or approve any substitute materials or equipment.
2. Shall not exceed limitations on ENGINEER's authority as set forth in the Contract Documents.
3, Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors 1lI CONTRACTOR's superintcndent,
or expedite the Work.
4, Shall not advise on or issue directions relative to any aspect of the means, melhods. techniques, !leqllen\."c'i or
procedures of construction unless such is specifically called for in the Contract Documents,
5. Shall not advise on or issue directions as to safety I'recautions and programs in connection with the Work.
6. Shall not authorize OWNER 10 occupy the Project in whole or in part.
7, Shall not participate in specialized field or lahoratory tests,
Prepared by Enlin..,,' Joinl Contracl Doc_nl, Commill"
P\lblit.hrdjointl)' b)' Ptorrnion" Enli""'" ill "'Ya'e "..lice. I pt'Kticr di"'lOn orlhr N.'ion.15oc....y of Pro'tuion~1 f.".,nft.'; Anwnc an CO"'uttinl EftI'M'" Coun(ll; AlMric_" Soc~ly
!.,r ("1....' ~.,,!'t_"'~~!~
Exhibit B
Page 2 of 2
Between
Professional
1982.
Exhibi t F b greer
Owner and Enyineer
Services, dated
--....
CERTIFICATION OF ENGINEER
MARATHON AIRPORT
CERTIFICATION OF ENGINEER
I hereby certify that I am the President and duly authorized
representative of the firm of RR ~ R A~~n~iatP~, Jnc ,whose address is
11;1 rnr~l W~y, Mi~mi I Flnri~~ 1114~ , and that neither I nor the
above firm I here represent has:
(a) employed or retained for a commission, percentage ,brokerage,
contingent fee, or other consideration, any firm or person (other than a
bona fide employee working solely for me or the above consultant) to solicit
or secure this contract.
(b) agreed, as an express or implied condition for obtaining this
contract, to employ or retain the services of any firm or person in
connection with carrying out the contract, or
(c) paid or agreed to pay to any firm, organization, or person (other
than a bona fide employee working solely for me or the above consultant) any
fee, contribution, donation, or consideration of any kind for, or in connection
with, procuring or carrying out the contracts; except as here expressly
stated (if any):
I have acknowledge that this certificate is to be furnished to the Fede~al
Avition Administration of the United States' Department of Transportation,
in connection with this contract involving participation of Airport
Development Aid Program (ADAP) funds and is subject to applicable state
and,Federal laws, both criminal and civil.
Date
Patrick J. Rebull, r.E.
President
Exhibi tC
Page 1 of 1
Exhibit D t~ AgreE Between
Owner and Engineer for' Professional
Services, dated , 1982.
TITLE VI ASSURANCES
During the performance of this contract, the Engineer, for itself, its assignees
and successors in interest agrees as follows:
A. Co~oliance with Regulations. The Engineer shall cv~?ly with the
Regulations relative to nondiscrimination in federally ass~sted ~ru;r~~.6
of the Department of Transportation (hereinafter, "007") Title 49, Coce
of Federal Regulations, Part 21, as they rr.ay be amended from time to ti~e,
(hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this Agreement.
B. ~ondiscrimination. The Engineer, with r~~ard to the work performed
by it during the Agreement, shall not discriminate on the ground~ of race,
color, or national origin in the selection and reter.tion of subcor.tractors,
including procurements of materials and leases of equipment. 7he Engineer
shall not participate either directly or indirectly in the discri~ination
prohibited by section 21.5 of the Regulations, including employment practices
when the Agreement covers a program set forth in Appendix B of the Regulations.
C. Solicitations for Subcontracts, Including Procurements of ~aterials
and Equipment. In all solicitations either by competitive bidding or
negotiation made by the Engineer for work to be perfor~ed under a sub-
contract, including procurements of materials of leases of e~uipment,
each potential subcontractor or supplier shall be notified by the Engineer
of the Engineer's obligations under this Agree~ent and the Regulations
.
relative to nondiscrimination on the grounds of race, color, or national
origin.
Exhibit D
Page 1 of 3
D. Infor~ation and Reports. The Engineer s~all provide all inforu.3tion
and reports required by the Regulations 'or directives issued pu:suar.t
therete and shall permit access to its books, records, accounts, other
sources of information, and its facilities as may be determinQted by t~e s?onsor
(~~ner) or the Federal Aviation Administration (F~~) to be pertinent to
asc~rtafncompliance with such Regulations, orders, and intructions.
Where any information required of a contractor is in the exclusive pos-
session of another who fails or refuses to furnish this inforu.ation, t~e
Engineer shall so certify to the sponsor (Owner)or the FAA, as appropriate,
and shall set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance. In the event of the Engineerls r.on-
compliance with the nondescrimination provisions of the Agreement, the
sponsor (Owner) shall impose such contract sanctions as it or the Fi~; ~~y
determine to be appropriate lincluding, but not limited to:
(1) withholding of payments to the Engineer under the Agreeu.ent
until thQ Engineer complies, and lor
(2) cancellation, termination, or suspension of the Agree~ent, in
whole or in part.
F. incorporation of Provisiuns. The Engineer shall include the pruvisio~s
of ?aragraphs A through E in every subcontract, including procurements 0:
materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto. The Engineer shall take such action
with respect to any subcontract or procurement as the sponsor (Owner) or t~~
FAA may direct as a means of enforcing such provisions including sanctior.s
for noncompliance. Provided, however, that in the event the Engine~r
Exhibit D
Page 2 of 3
beco~es involved in, or is threatened with, litigation with a subcontractor
or supplier as a result of such direction, the Engineer Day re~uest the
tIle sponsor (Owner) to enter into such litigation to protect the interes:s
of the sponsor (Owner) and, in addition,t~e Engineer may re~uest the
United States to enter into such litigatic~ ~o protect the interests,of
the wnited States.
Exhibit D
Page 3 of 3
Exhibit E b. .greel Between
Owner and Engineer ror Professional
Services, dated , 1982.
MINORITY BUSINESS ENTERPRISE (MBE) ASSURANCES
A. Policy. It is the policy of the ~epart~e~c of
T=ansportation (DOT) that mi~ority business enter~rises
as defined in 49 CPR Part 23 shall have the maximu~
opportunity to participate i~ the perfor~ance of coneract~
flnanced in whole or in part with Fede~al fu~ds unaer t~l5
Agreement. Consequently, the MBE require~ents of 49 CPR
Part 23 apply to this Agreement.
il. MBE Obliqation. The E~gineer a~rees to insure that
minority business enterprises as defined in 49 CFR Pare 23
have the maximum opportunity to participate in the perfor~a~ce
of contracts and subcontracts fina~ced in w~ole or in par~
with Federal funds provided under this Agreeme~t. I~ this
regard, the Engineer shall take all necessary a~d reasonable
steps ~n accordance with 49 CFR Part 23 to i~sure thQt
winority business enterprises have the ~Qxi~uw opport~nity to
compete for and perform contracts. The En~ineer shall not
discriminate on the basis of race, color, national origin, or
sex in the award and performance of DOT-assisted contracts.
Exhibit E
Page 1 of 1