Resolution 199-1979
RESOLUTION NO. 199 -1979
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 12 TO
CONSULTANT AGREEMENT BY AND BETWEEN THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AND REYNOLDS, SMITH AND HILLS ARCHITECTS-ENGINEERS-
PLANNERS, INCORPORATED.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners
of Monroe County, Florida, is hereby authorized to execute
Supplemental Agreement No. 12 to Consultant Agreement by and
between the Board of County Commissioners of Monroe County,
Florida, and Reynolds, Smith and Hills Architects-Engineers-
Planners, Incorporated, for providing engineering services
for Shrimp Road Project.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the
18th day of September, 1979.
BOARD OF COUNTY COMMISSIONERS
OF MONROE C TY, FLORIDA
By
(Seal)
~
APPROVED AS TO FORM
AND LEGAL SUFfICIENCY.
BY
APPROVED ON
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SUPPLEMENTAL AGREEMENT NO. i1~
TO CONSULTANT AGREEMENT
This Supplemental Agreement, made and entered into this 18th day of september,
1979, by and between:
THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
(hereinafter referred to as "County")
and
REYNOLDS, SMITH AND HILLS (General Consulting Engineer & Planner)
Architects-Engineers-Planners, Incorporated
a registered Florida engineering corporation with offices at
4019 Boulevard Center Drive
Post Office Box 4850
Jacksonville, Florida 32201
(herei nafter referred to as "Consultant")
WITNESSETH:
In accordance with the Consultant Agreement dated the 21st day of March,
1978, by and between the Board of County Commissioners of Monroe County, Florida
(County), and Reynolds, Smith and Hills (Consultant) under Article 1. - Scope of
Services, Consu~tant hereby presents a scope of engineering services for the
design of streets on Stock Island. The project includes grading, drainage, and
paving and is known as Shrimp Road. The total length of project is approximately
o . 8 7 rll i1 e s .
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A. SERVICES - DESIGN PHASE
When authorized by the County, and upon written notice to proceed, the
Consultant shall provide engineering services during the Design Phase to prepare
plans, specifications, and bidding documents for grading, drainage, and paving
for the project.
These services shall include the following:
1. Serve as County's professional engineering representative and give
consultation and advice to the County.
2. Consult with the County's surveyor to assure that right-of-way and
topographical survey requirements for the project are met.
3. Prepare drawings, specifications, contract documents, and estimated
costs of construction. Provide 15 sets of Plans and Specifications for
bidding and construction purposes.
4. Assist the County to advertise, receive and evaluate bids, and
negotiate and award the contract.
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B. SEF
- CONSTRUCTION rHASE
When requested and authorized by the County, the Consultant shall provide
engineering services in connection with the Construction Phase of the project as
follows:
1. Consult with and advise the County and act as his re~resentative to the
extent provided in the General Conditions 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 responsible for the means, methods,
techniques, sequences or procedures of construction selected by Contractor(s)
or the safety precautions and programs incident to the work ofContractor(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 con~
struction work in accordance with the Contract Documents. During such
visits and on the basis of his on-site observations he shall keep County
informed 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 con-
formance with the design concept of the Project and compliance ~ith 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
assemb 1 ed 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 there-
under by the parties thereto and shall make decisions on all claims of
County and Contractor(s) relating to the execution and progress of the
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wO', 1 all other matter,s and questions related LIlt:n~CO; but Consultant
shall not be liable for the results of any such interpretations or
decisions rendered by him in good faith.
5. Based on his on-site observations as an experienced and qualifiep design
professional and on his review of Contractor(s), appl~cations for payment
and the accompanying data and schedules, determine the amounts owing to
Contractor( s) and approve in writing payments to 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 progressed
to the point indicated and that, to the best of his knowledge, information
and belief, the quality of the work is in accordance with the Contract
Documents (subject to an evaluation Qf the work as a functioning Project
upon Substantial Completion, to the results of any subsequent tests
called for in the Contract Documents, and to any qualifications stated
in his approval), but by approving an application for payment Consultant
will not be deemed to have represented that he has made any examination
to determi ne how or for \'Jhat 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 com-
plete and a final inspection to determine if the Project has been com-
pleted i~ accordance 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 Con-
sultant'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 or customary Basic Services.
These services may include, but are not limited to:
1. Preparation of applications and assistance to obtain approvals or permits.
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2. Services resulting from significant changes in general scope of the
project.
3. Services related to acquisition of right-of-way for 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 determi ni ng pri ces, or over compet iti ve biddi ng
or market conditions, 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 con-
struction 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.
F. PROJECT DESIGN SCHEDULE
Upon written notice to proceed, the Consultant shall complete the services
described in Paragraph A.l through A.3 of Paragraph A. SERVICES - DESIGN, within
one hundred twenty-five (125) days.
G. TERMINATION
This Supplemental Agreement may be terminated by either party giving thirty
(30) days notice in writing to the other party. In the event of notice of term-
ination, the Consultant shall do no further work, and he shall be paid for all work
then in progress up to the date of termination.
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IN WITNESS WHEREOF, the parties have caused these presents to be
executed the day and year first above written.
Signed, sealed and delivered
in the Presence of:
THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Signed, Sealed and Delivered
in the Presence of:
REYNOLDS, SMITH AND HILLS
Architects-Engineers-Planners, Incorporated
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