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Home My WebLink About2004-134 r PROFESSIONAL ENGINEERING SERVICES AGREEMENT ./ FOR NORTH COUNTY REGIONAL PARK, PHASE 2 IRC PROJECT NO . 0399 THIS AGREEMENT or " CONTRACT " , entered into this 8tkday of Illnp , 2004, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and CARTER ASSOCIATES , INC . CONSULTING ENGINEERS AND LAND SURVEYORS , hereinafter referred to as the CONSULTING ENGINEERS , WITNESSETH The COUNTY and the CONSULTING ENGINEERS , in consideration of their mutual covenants , herein agree with respect to the performance of professional engineering services by the CONSULTING ENGINEERS and the payment for those services by the COUNTY as set forth below. The CONSULTING ENGINEERS shall provide professional construction phase engineering services, and related services to the COUNTY for the project described as Indian River County Project No . 0399, NORTH COUNTY REGIONAL PARK, PHASE 2 , serve as the COUNTY'S professional CONSULTING ENGINEERING representative for the project as set forth below and shall give professional engineering consultation and advice to the COUNTY during the performance of the services to be rendered hereunder. SECTION I - PROJECT LIMITS As described in the attached proposed agreement and rate schedule from Carter Associates , Inc . SECTION II - COUNTY OBLIGATIONS The COUNTY agrees to provide the following material , data, or services as required in connection with the work to be performed under this Agreement : A . Provide the CONSULTING ENGINEERS with a copy of all plans , surveys and information available in its files for the above location. F :\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 AGR Carter-Water and Wastewater-05- 11 -04-cjk.doc 1 B . The COUNTY shall assist the CONSULTING ENGINEERS in making provisions for the CONSULTING ENGINEERS to enter upon public property as required for the CONSULTING ENGINEERS to perform his services . SECTION III - SCOPE OF SERVICES A detailed description of the scope of services is given in the Proposed Agreement and Rate Schedule . SECTION IV = TIME FOR COMPLETION A. The CONSULTING ENGINEERS understands and agrees that TIME IS OF THE ESSENCE and that the time for completion and the schedule for performance will be governed by the construction time frame of the project . B . The Services under the construction phase shall run concurrently with construction, beginning with the notice to proceed being issued to the Contractor and ending with issuance of the final payment to the Contractor. C . The CONSULTING ENGINEERS understands that timeliness of performance is a factor which will be evaluated in determining the award of future professional services in accord with FS287 . 055 and that failure to meet the time for completion may disqualify the CONSULTING ENGINEERS from award of future professional services work with the COUNTY. SECTION V — COMPENSATION The COUNTY agrees to pay and the CONSULTING ENGINEERS agrees to accept for services rendered pursuant to this AGREEMENT, Fee Compensation on a "time and materials" basis in accordance with the attached Rate Schedule, in an estimated Not To Exceed fee amount as established herein, unless authorized as Additional Services , the following : $54,000. 00 - FIVE THOUSAND DOLLARS The compensation above is based on the following conditions and understanding : F :\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 AGR Carter-Water and Wastewater-05- 11 -04-cjk.doc 2 A. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the contract price was increased due to inaccurate, incomplete or non-current wage rates and other factual unit costs . All such contract adjustments shall be made within one year following the end of the contract. B . Section on Reimbursable . Travel shall not be compensated unless out of state and pre-approved by the Public Works Department . Cost of Reimbursable expenses is included in Lump Sum contract price . SECTION VI - ADDITIONAL WORK In the event changes are requested by the COUNTY or extra work is imposed on the COUNTY by the demands of certain regulatory agencies after the approval by the COUNTY of this Agreement, and upon the issuance of a subsequent work order by the Director of Public Works Department, and approved by the Board of County Commissioners , said extra work may commence in accordance with the attached fee schedule, or a lump sum amount based on that fee schedule . SECTION VII - PARTIAL PAYMENTS The COUNTY shall make periodic partial payments to the CONSULTING ENGINEERS for all authorized work according to the attached proposed agreement and rate schedule . Invoices will be submitted on forms furnished for that purpose by the CONSULTING ENGINEERS to the COUNTY periodically for work products delivered and expenses incurred pursuant to this Agreement. The CONSULTING ENGINEERS shall submit duly certified invoices in duplicate to the Director of the Public Works Department. The amount of the invoices submitted shall be the amount due for all work delivered to date . The amount of the partial payment due for the work item delivered to date shall be an amount calculated in accordance with the Schedule of Work Completed, less ten percent ( 10%) of the amount thus determined which shall be withheld by the COUNTY, as retainage, and less previous payments . The ten percent ( 10 %) retainage withheld through this design phase, shall be paid in full to the CONSULTING ENGINEERS upon completion of the project. Payment of invoices shall be in accordance with the Florida prompt Payment Act, FS 218 . 70 et seq. SECTION VIII - INSURANCE AND INDEMNIFICATION During the performance of the work covered by this Agreement, the CONSULTING ENGINEERS shall provide the COUNTY with evidence that the CONSULTING ENGINEERS has obtained and maintains the insurance listed in the Agreement . All insurance policies shall be occurrence form, not claims made policies . If an occurrence form is unavailable for a specific coverage, approval for claims made policy may be given by the County Risk Manager. F :\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 AGR Carter-Water and Wastewater-05 - 11 -04-cjk.doc 3 1 . Statutory Workers ' Compensation and Employer' s Liability are included in the same policy. The standard limit of liability as required by the Florida Worker's Compensation Law shall be insured against. 2 . Commercial general liability is carried in the amount of $ 1 , 000 , 000 . 000 combined single limit for bodily injury and property damage . The coverages designed for a general contractor (x . c . u . coverage, broad form property damage, contractor's protective liability) are not included or required by an engineering firm . Contractual liability is included in the policy. 3 . Commercial automobile insurance for all owned, hired or borrowed vehicles are covered in the amount of $ 1 , 000 , 000 combined single limit and $ 500, 000 uninsured motorists coverage . 4 . Professional Liability Insurance providing coverage for negligent acts , errors, or omissions committed or alleged to have been committed by CONSULTING ENGINEERS with a limit of $ 500 , 000 per claim/annual aggregate . This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect and consequential damages subject to the limitation regarding consequential damages described in Paragraph 5 below . If the COUNTY requests the CONSULTING ENGINEERS to obtain additional insurance coverage, the cost of such additional insurance not otherwise reimbursed to the CONSULTING ENGINEERS under this Agreement shall constitute an additional direct charge to the project . 5 . For specialized services not performed by the CONSULTING ENGINEERS , the CONSULTING ENGINEERS shall require each of its subcontractors to take out and maintain during the life of such subcontract work the insurance coverages set forth in Paragraphs 1 , 2 , 3 and 4 above ; provided however, the following limits shall apply: 5 . 1 Employer's Liability Insurance (bodily injuries) with limit of $ 100 , 000 per occurrence, and Employer's Liability Insurance (occupational disease) with limits of $ 100 , 000 per person and $ 500, 000 in the aggregate . 5 . 2 Commercial General Liability Insurance, with limits of $ 500, 000 each person; $ 1 , 000 , 000 each occurrence for bodily injuries , and $ 1 , 000, 000 each occurrence for property damage . 6 . The limits under Paragraph 5 shall be the same for any subcontractor. 7 . The CONSULTING ENGINEERS shall furnish the COUNTY with two (2 ) copies of a Certificate of Insurance evidencing policies required in Paragraphs 1 , 2 , 3 , 4 , 5 and 6 above and evidencing policies of insurance required above for subcontractors . Such Certificates shall give the COUNTY at least thirty (30) days written notice in the event of cancellation of or material change in any of the policies . The Certificate of Insurance shall give a brief description of the work being performed under this Agreement . All insurance companies provided shall be companies rated at least A + VII per Best's Key Rating Guide and licensed to do business in the State of Florida. FAEngineering\Capital Projects\0399 North County Regional Park, Phase II\0399 AGR Carter-Water and Wastewater-05- 11 -04-cjk.doc 4 8 . To the extent of the insurance benefits under the insurance policies required by this Article, or for any loss, damage or expense falling within the deductible portion of Consulting Engineer' s Professional Liability Insurance described in Paragraph 4 hereof, whether indemnity payment, defense costs, or otherwise, the CONSULTING ENGINEERS shall save the COUNTY harmless from and against all costs and losses , and all claims , demands, suits, actions , payments and judgments arising from personal injuries or otherwise, brought or recovered against the COUNTY arising out of any negligent error, or omission of the CONSULTING ENGINEERS , its agents , servants or employees , in execution or guarding of the work, including any and all expense, legal or otherwise, incurred by the COUNTY or its representatives in the defense of any claim or suite . SECTION IX - OWNERSHIP OF DOCUMENTS All plans , specifications, calculations and other work products paid for under this contract shall be the property of the COUNTY and shall be delivered to the COUNTY at its direction . The COUNTY shall have the right to re-use drawings of the structural details in a manner consistent with law and the State of Florida Department of Professional Regulation rules . The COUNTY shall indemnify and hold harmless the CONSULTING ENGINEERS from all claims , damages , losses, and expenses , including attorney' s fees , arising out of, or resulting from any such re-use . SECTION X - CERTIFICATION AGAINST CONTINGENT FEES The CONSULTING ENGINEERS warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTING ENGINEERS to solicit or secure this agreement and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONSULTING ENGINEERS any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement . SECTION XI - PUBLIC ACCESS The COUNTY may unilaterally cancel the contract for refusal by the CONSULTING ENGINEERS to allow public access to all documents , papers, letters , or other material subject to the provisions of Chapter 119, Florida Statutes , and made or received by the CONSULTING ENGINEERS in conjunction with the contract . SECTION XII - SEVERABILITY If any portions of this Agreement shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed and enforced as if such provisions had not been included. F :\Engineering\Capital Projects\0399 North County Regional Park, Phase I1\0399 AGR Carter-Water and Wastewater-05- 11 -04-cjk.doc 5 SECTION XIII - TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon 30 days ' written notice by either party. In the event of any termination, CONSULTING ENGINEERS will be paid for all services rendered to the date of termination, all reimbursable expenses and termination expenses . SECTION XIV - GENERAL A. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto . B . The contact person in the COUNTY'S behalf shall be the Indian River County ENGINEER, Christopher J . Kafer, Jr. , P . E . The CONSULTING ENGINEERS shall take directions for the work from the Indian River County ENGINEER, exclusively, or who might otherwise be designated in writing by the Indian River County Public Works Director. C . This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY. F :\Engineering\Capital Projects\0399 North County Regional Park, Phase I1\0399 AGR Carter-Water and Wastewater-05-11 -04-cjk.doc 6 • X IN WITNESS WHEREOF the parties hereto have executed these presents this 8t4 day of June , 2004 . CARTER ASSOCIATES , INC . BOARD OF COUNTY COMMISSIONERS 1708 21s' STREET INDIAN RIVER COUNTY, FLORIDA VERO B ACH, L 32960 BY : BY : . Patrick S . Walther, P . E . , Caroline D Gi Cl n Project Manager Board of C611hilw1i , .pners or Witnessed by ApproC ' June 8 2004 001— 110? Attest : 1 � Jeffreyfww. ai� ; . . . Clerk of Coi n"�A to, By. �j illiam G. Co ins, I , Co ty Attorney Approved as to Form and Legal Sufficiency C A . J seph A. Baird, C unty Administrator FAEngineering\Capital Projects\0399 North County Regional Park, Phase II\0399 AGR Carter-Water and Wastewater-05 - 11 -04-cjk.doc 7