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Resolution 151-1978 RESOLUTION NO.ISI -1978 A RESOLUTION AUTHORIZING THE t1AYOR AND CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE SUPPLEMENTAL AGREE- MENT NO. 2 TO CONSULTANT AGREEMENT BY AND BETHEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND REYNOLDS, SMITH AND HILLS. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COm~TY, FLORIDA, as follows: That the Mayor and Chairman be authorized to execute Supplemental Agreement No. 2 to Consultant Agreement by and between the Board of County Commissioners of Monroe County, Florida, and Reynolds, Smith and Hills, a copy of same being attached hereto, providing engineering services during the construction phase of Northside Drive, Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 6th day of June, 1978, BOAFn OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA //---:? ~ .. " BY(.z;.~ ~ . ayor .in . airm~ (Seal) _/ , HEREBY CERTIFY that this document has been reviewed for legal suffi- ciency and that the same meets with my approvay_ .. /Zl" / /.~, ~". By /: ,/('_?~/(~// ~.?_ " Attorney's Office APPROVED ON l.,. ~ . ~l(f ~ ~ \): " . P"~- . ~ BOOK t-, _'_'~ 'hC:~,~_~ , ._ ""_. ---.--.--....-.----- . 't SUPPLEMENTAL AGREEMENT NO, 2 TO CONSULTANT AGREEMENT This Supplemental Agreement, made and entered into this '",+~ day of -~\)NJ , 1978, .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 (hereinafter referred to as "Consultant") WITNESSETH: " In accordance with the Consultant Agreement dated the day of , 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, Consultant hereby presents a scope of services to provide Continuing Advisory Consulting Services. A, SERVICES Hhen requested and authorized by the County, the Con- sultant shall provide engineering services in connection with the Construction Phase of Northside Drive, Key West, Monroe County, These services may include, but are not limited to: : 1. . Reviewing the contract documents for the sola purpose of becoming familiar with their content. 2. Assisting in making modifications requested by the .'/ County to the, contract documents, 3. Providing estimates of construction costs associated with contract modifications proposed by the County, 4, Assisting the County in contract change order negotia- tions with the contractor, 5, Making visits to the construction site when requested' by the County to observe features of the work then in Page 1 of 4 Pages pro8ress, and based upon such observations, as an experienced and qualified design professional, to advise the County if in general the work observed is proceeding in accordance with the contract docu- " men t s . In 'making such visits the Consultant shall not be required to make exhaustive-or continuous in- spections to check the quality or the quantity of the work; he shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by the contractor for the safety precautions and programs of the contractor incident to the work, nor shall he' be responsible for failure of the contractor' to p~rform the work in accordance with the contract documents. 6, Revie'Ning shop drawings, samples, results of tests and i.nspections, and other data which the contractor is required to submit but only for conformace with information given in the contract documents. 7, Reviewing the contractor's applications for payment, including the accompanying data and schedules, and based upon this review and on-site observations, recom- mend the amounts due for payment under the terms of the contract documents. Such recommendations will 4..~ii'-~' .. represent to the County that based upon the reviews .and observations that the work has progressed-to the point indicated and that to the best of the Consultant's 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 functioning project on substantial completion, to the results of any tests called for in the contract documents, and to any qualifications contained'in the recommendation for approval), rage 2 of 4 Pages In performing these services, the Consultant shall not be responsible for the accuracy of the contract documents, or for the acts or omissions of any contractor, or any subcontractor, or any of the contractor's or subcontractor's agents oJ? employees, or an)! other persons (except the Consultant's own employees and agents) at the project site or performing any wor~ of the projes~ except those specifically provided by Consultant. B, INDE~lliIFICATION For the sum of Ten Dollars ($10,00), acknowledged to have been paid, and other valuable consideration, the County shall indemnify and hold harmless the Consultant, its agents and employees from all claims, damages, losses, and expenses including attorney's fees arising out of or resulting from the performance of services by " the Consultant in connection with specifications, drawings and con- tract documents prepared by others than the Consultant or for which the Consultant is not solely responsible, C, C01~ENSATION For the work described above, the County agrees to com- pensate the Consultant pursuant to the Basic Agreement, Article 5, Method II, by taking the Direct Personnel Expense of all those per- sons engaged directly on the County's ",,\lork and adding a surcharge of 150%, Additionally, the County shall reimburse the Consultant H~' for all oltt-of-pocket expenses as provided in Article 8 of the Basic Agreemen t , D. TERMINATION This Supplemental Agreement may be terminated by either (party giving thirty (30) days notice in writing to the Dther party, In the event of notice of termination, the Consultant shall do no further work, and he shall be paid for all work then in progress up to the date of termination, Page 3 of 4 Pages ~ - ~,~, " IN WITNESS WHEREOF, the parties hereto"have caused these presents to be executed the day and year first above written, Attest: THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA " B~~_ 1 or an<;l C~man (Seal) Attes to: Clerk REYNOLDS, SMITH AND HILLS Architects-Engineers-Planners, Incorporated " By President (Seal) Secretary I HEREBY CERTIFY that this document has been reviewed for legal suf!i- ciency and that the same meets with my appro~ . / / By '//;%-4!~! // " Attorney's Office Page 4 of 4 Pages