Resolution 181-1980RESOLUTION NO.181- 1980
RESOLUTION AUTHORIZING THE CHAIRMAN OF
THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, TO EXECUTE SUPPLE-
MENTAL AGREEMENT #3 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 STIRRUP KEY ROAD, MARATHON,
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 #3 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 Stirrup
Key Road, Marathon, 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 1Sth
day of July, 1980.
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO Y, FLORIDA
By
Chairman
Attest:
s
o e r k
(Seal)
APPROVED FRS 70
AAW LE StJPF1cjENc
BY __22-Zl`zi�ZZ
)z3
SUPPLEMENTAL AGREEMENT NO. 3
TO CONSULTANT AGREEMENT
This Supplemental Agreement, made and entered into this 15th
� —
day of July _i - 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 or 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 Stirrup Key Road - Marathon - length of proiect approximately
0.27 miles.
A. SERVICES - DESIGN PHASE
The Consultant shall provide engineering services and pre-
pare plans, specifications, and contract documents for improve-
ments to Stirrup Key Road _ Marathon. 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, exist-ing 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
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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. 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 - CONSTURCTION PHASE
When requested and authorized by the County Road Department,
the Consultant shall provide engineering services in connection
with the Construction Phase of Stirrup Key Road - Marathon as
follows:
1. Consult with and advise the County and act as his repre-
sentative to the extent provided in toe 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
Page 2 of 3 Pages
115
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
r
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 Specification) schedules, guarantees, and
"T
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 relatod 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-
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panying 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 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)' 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 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
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or customary Basic Services.
These services may include, but are not limited to:
1. Services resulting from significant changes in general
.1
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 $10,-900.
2. For the work described in Paragraph B. SERVICES -
CONSTRUCTION PHASE and Paragraph C. SERVICES - ADDITIONAL,
the County agrees to compensate the Consultant pursuant
to the Basic Agreement, Article 5, Method II, by taking
the Direct Personnel Expense of all those persons engaged
directly on the County's work and adding a surcharge of
1750.
Additionally, the County shall reimburse the Consultant for
all out-of-pocket expenses as provided in Article 8 of the
Basic Agreement.
F. PROJECT DESIGN SCHEDULE
The Consultant shall complete the services described in
Paragraph A. SERVICES - DESIGN, within sixty (60) days.
Page 5 of 6 Pages
G. TERMINATION
This Supplental Agreement may be terminated by either party
giving thirty (30) days notice in writing to the other party. In
the event of notice of termination, the Constr1tant shall do no
further work, and he shall be paid for all work then in progress
up to the date of termination.
IN WITNESS WHEREOF, the parties have cuased these presents
to be executed the day and year first above written.
Signed, Sealed, and Delivered
in the Presence of:
Signed, Sealed, and Delivered
in.the Presence of:
ness
BOARD OF COUNTY.COMMISSIONERS
OF MONROE COU Y, FLORIDA
By
-- ee-
Chairman
(Seal).
Attest:_
t. 4, Clerk
M. VINCENT PROTHEROE, P.E.
Consulting Engineer.
N. Vincent rotheroe, P.E.
APPWWD A$ D'O FORPA
AND L69AL SUF7/CIENCY
By
At ornoes Offk®