Resolution 159-1980RESOLUTION NO.159 -1980
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
TO EXECUTE CHANGE ORDER NO. 1 TO CONTRACT DATED
JUNE 3, 19803, BY AND BETWEEN COUNTY OF MONROE AND
CONNELL METCALF & EDDY, INC.(COPY OF WHICH IS
ATTACHED HERETO) SUBJECT TO FINAL APPROVAL OF THE
CONTRACT BY THE FAA.
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
Change Order No. 1 to contract dated June 3, 1980, by and
between County of Monroe and Connell Metcalf & Eddy, Inc.
(copy of which is attached hereto) subject to final approval
of the contract by FAA. Copy of said Change Order No. 1
is attached hereto and made a part hereof.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the
1st day of July, 1980.
(Seal)
Attest: ---�
r'
Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By _�11L,
Vice Chairman
AC AS m MRAf
syAg ICILip1CY.
17
APPROVED ON / -I-- - go
BOOK � ) - - _ PAGE _ .'
33
CHANGE ORDER NO. 1
THIS AGREEMENT entered into this �5-i 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 /1 C ---I
Chairman
(Seal)
Attest
C 1 er
(Seal)
Attest:
Secretar
CONNE METCALF & EDDY, INC.
By
Preside t
APPROVED AS 70 FORM
AND �,AL SUFFICIENCY.
BY
ttornW Offs" 3
8.2.2. Exhibit B "Duties, Responsibilities and Limitations of Authority of
Resident Project Representative consisting of 2 pages.
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:
63 - t�7 . P2.
s
BEN IN M. RAWLS
S�TA13�Y
OWNER: THE COUNTY OF MONROE
r
THOMAS S. ROONEY
PRESIDENT
Page 15 of 15 Pages
JS
LUMP SUM METHOD OF PAYMENT
SECTION 5—PAYMENTS TO ENGINEER
5.1 '. Methods of Payment for Services and Expenses of
ENGINEER.
5.1.1. For Basic Services.. OWNER shall. pay EN-
GINEER for Basic Services rendered,under Section I
(as amended and supplemented by Exhibit A "Further
—.:,,Description of Basic Engineering Services and Related
Matters") as follows:
'a
5..1:1.1. One Prime Contract. If only 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 savings provi-
sions for Contractor(s)' basic compensation, a lump
sum fee of $ 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/
5.1.2. - For Additional Services. OWNER shall pay
ENGINEER for Additional Services rendered under
Section 2 as follows:. r
�a_ETd SF ART�c t C
.1.2.1. Genera . or Add�tiona erv' ren-
dere r paragraphs 2.1.1 throu 17, inclu-
sive (except se s covered aragraph 2.1.7 and
services as a consulta witness under paragraph
2.1.16), on the b ' of Payro is times a factor
o r services rendered by p acl als and
Ole ees assigned to the Project.
5.1.2.2. Special Consultants. For services and
reimbursable expenses of special consultants em-
ployed 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
c�
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 Payroll 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 Reimbursable -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 Payments.
5.2.1. ENGINEER shall submit monthly statements
for Basic and Additional Sery ces 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 during 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 _15 _ pages
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