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HomeMy WebLinkAbout1982-042RESOLUTION NO. 82-42 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA APPROVJNG AN ASSIGNMENT OF CONTRACT BETWEEN BEINDORF AND ASSOCIATES, INC., UNTO SVERDRUP & PARCEL AND ASSOCIATES, INC. ® WHEREAS, Indian River County has retained the services of Beindorf and Associates, Inc. and Sverdrup & Parcel and Associates, Inc. (a joint venture) to perform the necessary engi- neering services for several County water and sewer projects, and B ® WHEREAS, Beindorf and Associates, Inc. now desires to assign all of their contractual obligations with the County to Sverdrup & Parcel and Associates, Inc., and WHEREAS, under the attached Assignment of Contract Sverdrup & Parcel and Associates, Inc. agrees to perform all of the services remaining to be performed under the contracts between the joint venture and the County, and WHEREAS, the County's special bond counsel has issued an opinion indicating that the assignment will not adversely affect any of the County's outstanding financial obligations, and WHEREAS, the Farmers Homes Loan Administration has issued a letter approving the assignment and indicating that it will not affect the County's ability to finance projects with their department. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the attached Assignment of Contract is approved and further that the approval of the attached Assignment of Contract shall not constitute a novation of any obligations undertaken by the joint venture or Beindorf and Associates, Inc. and the Chairman and the Clerk of the Board of County Commissioners are authorized to execute four copies of the Assignment of Contract. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Fletcher and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Aye Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Aye -1- The Chairman thereupon declared the resolution duly ® passed and adopted this 17th day of March , 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 40 r By N C.L� DON C. SCUR CK, JR. Chairman Attest: Y4vj�u&. FREDA WRIr,HT, C1 k o • 1� Y. Ma�La a rwo�� e APPROVED S TO FORM U AND LEG�SUF t' CY By _ G BRANDE URG un y Attorne -2- E_J 40 of ASSIGMIENT OF CONTRACT For and in consideration of the sum of One Dollar ($1.00) cash in hand paid, and other good and valuable considerations not necessary to recite herein, paid and to be paid to Beindorf and Associates, Inc., the receipt of all of which is hereby acknowledged, Beindorf and Associates, Inc., have as of this nineteenth day of February, 1982, assigned, transferred and set over and do hereby assign, transfer and set over unto Sverdrup & Parcel and Associates, Inc., a Delaware corporation, duly licensed to provide professional engineering services in the State of Florida, all of the corporation's right, title and interest in and to the contracts between Sverdrup & Parcel and Associates, Inc. and Beindorf and Associates, Inc., a joint venture, and Indian River County Board of County Commissioners, identified on Appendix A hereof, as respects services to be performed thereunder on and after the aforementioned date. By acceptance of this assignment and in consideration thereof, Sverdrup & Parcel and Associates, Inc. does hereby agree to perform all services remaining to be performed under said contracts and to discharge all of the duties, obligations and liabilities of Beindorf and Associates, Inc., respecting such remaining services under the terms and provisions of said contracts. All drawings, contract documents, field studies and reports, memoranda, files and records of every kind and nature maintained by Beindorf and Associates, Inc., and pertaining to the above-described projects are also hereby assigned to Sverdrup & Parcel and Associates, Inc, which acknowledges receipt of the delivery thereof. Beindorf and Associates, Inc. continues to be responsible as a member of the joint venture of Sverdrup & Parcel and Associates, Inc. and Beindorf and Associates, Inc., for the services performed by the joint venture prior to this assignment and Sverdrup & Parcel and Associates, Inc. will be solely responsible for the services performed on and after the date of the assignment. Further, all compensation for services per- formed on said projects prior to that date shall be payable to Sverdrup & Parcel and Associates, Inc. and Beindorf and Associates, Inc., a joint venture, in accordance with the contract therefor. This assignment is conditioned as respects any project set out in Appendix A, upon the written approval of the Indian River County Board of County Commissioners. -1- 40 s o@ ' IN WITNESS WHEREOF, the said Beindorf and Associates, Inc. has caused its name to be subscribed hereto as of the nineteenth day of February, 1982. BEINDORF AND ASSOCIATES/, INC. By: I., Title :— ACCEPTED BY: SVERDRUP & ARCEL AND ASSOCIATES, Inc. By. C . Pre t ASSIGivTMT,:NT APPROVED: INDIAN RIVER COUNTY BOARD OF CCOOUN COhUISSIONERS Title: Don C. Scurlock, J4. Chairman -2- 40 40 e® APPENDIX A CONTRACTS BETWEEN INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND SVERDRUP & PARCEL AND ASSOCIATES, INC. AND BEINDORF AND ASSOCIATES, INC., A JOINT VENTURE - IN FORCE ON FEBRUARY 19, 1982 1. Modification No. 1, dated October 51 1977, to Agreement For Engineering Services, dated December 20, 1972, for renovations and extensions to water supply system and sewage treatment facilities in Gifford area. 2. Letter modification, dated July 30, 1979, to Agreement for Engineering Services, dated June 21, 1972, as amended September 21, 1973, for technical consultation, inspection, planning and general assistance to Utilities Department upon its request. 3. Modifications, dated June 23, 1980, to Agreement For Engineering Services, dated June 21, 1972, as amended September 21, 1973, for preparation of addendum to the 201 Facilities Plan. 4. Authorization, dated October 19, 1979, under Agreement For Engineering Services, dated December 20, 1972, to review test programs and search for water treatment plant site. 5. Modification, dated December 20, 1979 and May 20, 1980, to Agreement For Engineering Services, dated June 21, 1972, as amended September 21, 1973, for renovation of Pebble Bay Area Sewerage System. 6. Authorization, dated February 21, 1980, under Agreement For Engineering Services, dated December 20, 1972, for final drawings, contract documents and specifications for the South Municipal Tax District Water System Improvements Project. 7. Modification No. 6, dated November 4, 1981, to Agreement For Engineering Services, dated December 20, 1972, as amended by Modification Nos. 1, 2, 3, 4 and 5 for South Beach water system design. 8. Authorization, dated October 23, 1981, under Agreement For Engineering Services, dated December 20, 1972, for North County water and wastewater analysis. 9. Authorization, dated February 10, 1982, under Agreement For Engineering Services, dated December 20, 1972, for services in connection with location and acquisition of site for ground storage tank and site plan approval for South Beach water system.