Resolution 180-1980
RESOLUTION NO.180- 1980
RESOLUTION AUTHORIZING THE CHAIRMAN OF
THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, TO EXECUTE SUPPLE-
MENTAL AGREEMENT #2 BY AND BETWEEN THE
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AND M. VINCENT PROTHEROE,
P.E. FOR ENGINEERING SERVICES IN THE
CONSTRUCTION OF OCEAN BAY DRIVE, KEY LARGO,
MONROE COUNTY, FLORIDA,
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 #2 by and between the Board of County
Commissioners of Monroe County, Florida, and M. Vincent Protheroe,
P.E. for engineering services for the construction of Ocean Bay
Drive,Key Largo, Monroe County, Florida, copy of same being
attached hereto.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting held on the 15th
day of July, 1980.
BOARD OF COUNTY COMMISSIONERS
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(Seal)
Attest:
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APPIlOVED AS TO FORM
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SUPPLEMENTAL AGREEMENT NO. 2
TO CONSULTANT AGREEMENT
This Supplemental Agreement, made and entered into this 15th
r
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 Ocean Bay Drive - Key largo - length of pro~ect approximately
0.17 miles.
A. SERVICES - DESIGN PHASE
The Consultant shall provide engineering serVlces and pre-
pare plans, specifications, and contract documents for lmprove-
ments to Ocean Bay Drive - Key Largo. 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.
Page 1 of 6 Pages
III
4. Obtain all permits required to complete construction.
5. All drawings, specifications and documents shall be
submitted to the County for their review and approval.
Upon approval the Con~ultant shall pro~ide the necessary
copies to the County in order to allow the County to
solicit bids.
6. Assist the County to advertise, receIve and evaluate
bids, and negotiate and award 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 Ocean Bay Drive - Key Largo
as follows:
1, Consult with and advise the County and act as his repre-
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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 Contiact Documents, but he
shall not be responsible for the failure of Contractor(s)
to perform the construction work in accordance with the
Page 2 of 6 Pages
118
Contract Documents. During such visits and on the basis
of his on-site observations he shall keep County inform-
ed of the progress of the work, shall endeavor to guard
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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 1S
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,
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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 clalms of County and Contractor(s)
relating to the execution and progres~ 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.
5. 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-
Page 3 of 6 Pages
II~
panying data and schedules, determine the amounts oW1ng
to Contractor(s) and approve in writing payments to
Contractor(s) in such amounts; such approvals of payment
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will constitute a repFesentation to County, based on
such observations and review, that the work has progress-
ed 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 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 his
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)' wor~~ 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 1S
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, fi~al payment to
each Contractor.
In performing these services, the Consult~nt 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 agents) at the project site or performing any
work of the project,
C. SERVICES - ADDITIONAL
When requested and authorized by the County, the Consultant
Page 4 of 6 Pages
/20
shall provide Additional Services which are not considered normal
or customary Basic Services.
These services may include, but are not limited to:
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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 heriin 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.
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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 $8,250.
2. For the work described in Paragraph B. SERVICES
CONSTRUCTION PHASE and Paragraph C. StRVICES - ADDITIONAL,
the County, agrees to compensate the Consul tant pursuant
to the Basic Agreement, Article 5, Met~od II, by taking
the Direct Personnel Expense of all those persons engaged
directly on the County's work and adding a surcharge of
175%..
Additionally, the County shall reimburse the Consultant for
all out-of-pocket expenses as provided in Article 8 of the
Basic Agreement.
Page 5 of 6 Pages
12. \
F. PROJECT DESIGN SCHEDULE
The Consultant shall complete the serVlces described in
Paragraph A. SERVICE - DESIGN, within seventy-five (75) days,
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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 termination, the Consultant
shall do no further work, and he shall be paid for all work then
ln progress up to the date of termination.
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:
BOARD OF COUNTY COMMISSIONERS
OF MONR~OE COUNTY. FLO_RIDA
By
C airman
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(Seal)
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Signed, Sealed, and Delivered M, VINCENT PROTHEROE, P.E,
in the Presence of: Consulting Engineer
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APPROVED AS 10 FORM
AND UGAL StRtCIENCY.
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Page 6 of 6 Pages
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