HomeMy WebLinkAbout2009-175 INDIAN RIVER COUNTY
PUBLIC WORKS DEPARTMENT
PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT
FOR COMPLETION OF REQUIRED IMPROVEMENTS AT
QUAIL CREEK SUBDIVISION .
This AGREEMENT , entered into this 16th day of June
2009 , by and between INDIAN RIVER COUNTY , a political subdivision of the State of
Florida, hereinafter referred to as the COUNTY , and MBV Engineering , Inc . , Vero Beach,
Florida, hereinafter referred to as the ENGINEER .
WITNESSETH
The COUNTY and the ENGINEER, in consideration of their mutual covenants, herein
agree with respect to the performance of professional civil engineering, land surveying and
related services by or through the ENGINEER and the payment for those services by the
COUNTY as set forth below.
The ENGINEER shall provide professional engineering and related services for the
COUNTY for the project described in Section I — Project Limits and Description ; and shall give
professional engineering and land surveying advice to the COUNTY during the performance of
the services to be rendered as outlined in Section III — Scope of Services .
SECTION I - PROJECT LIMITS AND DESCRIPTION
Consultant services are required for assistance in the completion of required
improvements in Quail Creek Subdivision , located in unincorporated Indian River County,
Florida . The improvements identified by the COUNTY consist of the following :
Provide an as built drawing of the proposed project to determine the amount of grading
and excavation work remaining to be completed . Complete a "punch list" of
improvements that have not been satisfactorily completed including paving, grading ,
drainage and landscaping . Analyze the condition of the irrigation system separately to
determine its status .
Prepare technical specifications , grading plans and bid quantities for COUNTY ' s use in
bidding the project. Attend a pre - bid meeting for the project .
Provide construction inspection, prepare necessary certifications and complete as built
preparation for the completed project .
SECTION II - COUNTY OBLIGATIONS
The COUNTY agrees to provide (in a timely manner) the following material , data, or
services as required in connection with the work to be performed under this Agreement ; all of
which information the ENGINEER may use and reasonably rely upon :
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A . Provide the ENGINEER with all available drawings , right- of-way maps , and other
documents in the possession of the COUNTY pertinent to the project.
Be The COUNTY shall make provisions for the ENGINEER to enter upon public and
private property as required for the ENGINEER to perform his services .
SECTION III - SCOPE OF SERVICES
The ENGINEER agrees to perform professional engineering and related services in
connection with the project as required and set forth in the following :
1 . Quantify Project Status :
A . Surveyor to complete in- situ project as -built coordination with Stuart Houston .
Be Generate Itemized Bid Tabulation .
C . Coordination with County Staff regarding Bid Tab Sheet .
D . Irrigation System Analysis .
2 . Contract Administration (Boiler Plate Documents Provided by IRC ) :
A . Construction Bid Document Preparation
1 . Bid Sheets
2 . Grading Plans
3 . Bid Documents
3 . Contract Administration :
A . Construction Inspection .
Be Site Certification .
C . As - Builts and Review/Coordination .
SECTION IV - LIMITATIONS
The following work tasks are specifically excluded with the understanding that the
ENGINEER will provide a quote for any of these tasks if so requested by the COUNTY :
1 . Assistance with the project ' s bid or bid analysis .
2 . Construction management .
SECTION V - COMPENSATION
The COUNTY agrees to pay and the ENGINEER agrees to accept for services rendered
pursuant to this Agreement a lump sum of $ 26 , 900 . 00 which includes direct costs .
Billing will be monthly on a percent complete basis . . All billing for sub -consultants will
be at direct cost in accordance with terms of this agreement . If at any time during the evaluation
and design of the herein stated proposed services , it becomes apparent that the described scope of
work changes , the ENGINEER will immediately notify the COUNTY , in writing , prior to
making such changes . Such changes will be considered additional services requiring written
authorization and will be provided on an hourly basis not to exceed the following rates :
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Title Rate
Sr . Engineer II $ 135 . 00 per hour
Sr . Engineer 1 $ 125 . 00 per hour
Jr. Engineer $ 110 . 00 per hour
Sr . Technician/ Sr . Inspector $ 95 . 00 per hour
Jr . Technician/ Jr. Inspector $ 75 . 00 per hour
Administrative III $ 40 . 00 per hour
The rates noted above will be good for a period of one ( 1 ) year from the date of
execution .
SECTION VI - ADDITIONAL WORK
In the event changes are requested by the COUNTY , and upon the issuance of a work
order for said additional work by the Director of the Public Works , said additional work may
commence in accordance with the fee schedule noted in SECTION V - COMPENSATION .
SECTION VII - PARTIAL PAYMENTS
The COUNTY shall make monthly payments to the ENGINEER based upon an itemized
breakdown using the above rates . Payments will be made pursuant to the Florida Prompt
Payment Act, Florida Statute 218 . 70 et seq .
SECTION VIII - RIGHT OF DECISIONS
All services shall be performed by the ENGINEER to the satisfaction of the Director of
the Public Works Department who shall decide all questions, difficulties , and disputes of whatev -
er nature which may arise under or by reason of this Agreement and according to the prosecution
and fulfillment of the service hereunder, and the character, quality, amount and value thereof, and
the Director' s decision upon all claims questions and disputes shall be final , conclusive and
binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable .
Adjustments of compensation and contract time because of any major changes in the
work that might become necessary or be deemed desirable as the work progresses shall be
reviewed by the Director of the Public Works Department. In the event that the ENGINEER
does not concur in the judgment of the Director of the Public Works Department as to any
decisions made by him he shall present his written objections to the County Administrator; and
the Public Works Director and the ENGINEER shall abide by the decision of the County
Administrator of Indian River County, unless the decision is clearly arbitrary or unreasonable .
SECTION IX - OWNERSHIP AND USE OF DOCUMENTS
All original drawings and information are to remain the property of the ENGINEER . The
COUNTY will be provided with paper and electronic copies of final as built drawings and/or
reports for information and reference purposes .
SECTION X - NOTICES
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Any notices , reports or other written communications from the ENGINEER to the
COUNTY shall be considered delivered when posted by certified mail or delivered in person to
the Director of the Public Works Department or County Engineer . Any notices , reports or other
communications from the COUNTY to the ENGINEER shall be considered delivered when
posted by certified mail to the ENGINEER at the last address left on file with the COUNTY or
delivered in person to said ENGINEER or his authorized representative . In person deliveries
shall be evident by signed receipts .
SECTION XI - TERMINATION
This agreement may be terminated by the authorized representative effective immediately
upon receipt of written notice . Payment will be due for services rendered through the date of
written notice receipt .
SECTION XII — TERMINATION FOR CAUSE
The ENGINEER has the right to terminate the contract, for any of the following events :
A . Failure to make timely payments .
B . The failure to respond to the ENGINEER ' S written request for
information or decisions .
co If the ENGINEER verily believes that the work requested will result in a
structure or design that is not viable or not in accordance with all code
requirements .
D . In the event of the above one or more grounds for termination of cause, the
ENGINEER shall give a seven day written notice, and if the grounds for
termination are not cured within the seven days , the ENGINEER has the
right to terminate the contract .
SECTION XIII - AUDIT RIGHTS
The COUNTY reserves the right to audit the records of the ENGINEER related to this
Agreement at any time during the prosecution of the work included herein and for a period of one
year after final payment is made .
SECTION XIV - SUBLETTING
The ENGINEER shall not sublet, assign , or transfer any work under this Agreement
without the written consent of the COUNTY . When applicable and upon receipt of such consent
in writing, the ENGINEER shall cause the names of the engineering and surveying firms
responsible for the major portions of each separate specialty of the work to be inserted on the
reports or other data.
SECTION XV - WARRANTY
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The ENGINEER warrants that he has not employed or retained any company or person
other than bona fide employee working solely for the ENGINEER or subconsultant to solicit or
secure this contract and that he has not paid or agreed to pay any company or person other than a
bona fide employee working solely for the ENGINEER any fee , commission , percentage fee ,
gifts or any other considerations , contingent upon or resulting from the award or making of this
contract . For breach violation of this warranty, the COUNTY shall have the right to annul this
contract without liability .
SECTION XVI - DURATION OF AGREEMENT
This Agreement shall remain in full force and effect for a period of four years after the
date of execution hereof or until completion of all project phases as specified by the Public
Works Director, whichever occurs first, or unless otherwise terminated by mutual consent of the
parties hereto or pursuant to Section XII of this AGREEMENT .
SECTION XVII - INSURANCE AND INDEMNIFICATION
During the performance of the work covered by this AGREEMENT , the ENGINEER
shall provide the COUNTY with evidence that the ENGINEER has obtained and maintains the
insurance listed below :
A . ENGINEER shall procure and maintain for the duration of the AGREEMENT ,
insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the work hereunder by the
ENGINEER , his agents , representatives , employees , and in accordance with
subclause H . subconsultants . The cost of such insurance shall be included in the
ENGINEER' S fee .
B . Minimum Scope of Insurance
1 . Worker' s Compensation as required by the State of Florida.
2 . General Liability $ 1 , 000 , 000 combined single limit per accident for bodily
injury and property damage . COUNTY shall be an additional insured .
3 . Auto Liability $ 1 , 000 , 000 combined single limit per accident for bodily
injury and property damage for owned and non- owned vehicles .
4 . Professional Liability Insurance providing coverage for negligent acts ,
errors , or omissions committed by ENGINEER 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 .
C . ENGINEER' S applicable insurance coverage shall be primary .
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D . All above insurance policies shall be placed with insurers with a Best' s rating of
no less than A VII . The insurer chosen shall also be licensed to do business in
Florida.
E . The insurance policies procured, other than professional liability, shall be
occurrence forms , not claims made policies . Professional liability shall be on a
claims made basis .
F . The insurance companies chosen shall provide certificates of insurance prior to
signing of contracts to the Indian River County Risk Management Department .
G . The insurance companies selected shall send written verification to the Indian
River County Risk Management Department that they will provide 30 days
written notice to the Indian River County Department of Risk Management of its
intent to cancel or terminate said policies of insurance .
H . ENGINEER shall either include each subconsultants as insured under its policies
or shall furnish separate certificates and endorsements for each subconsultant. All
coverages for subconsultants shall be subject to all of the requirements stated
herein .
I . Notwithstanding the provisions of s . 725 . 06 , if a design professional provides
professional services to or for a public agency, the agency may require in a
professional services contract with the design professional that the design
professional indemnify and hold harmless the agency, and its officers and
employees, from liabilities , damages , losses , and costs , including , but not limited
to , reasonable attorneys ' fees , to the extent caused by the negligence,
recklessness , or intentionally wrongful conduct of the design professional and
other persons employed or utilized by the design professional in the performance
of the contract .
J . ENGINEER agrees to indemnify, defend and save COUNTY , officers and
employees harmless from and against any and all losses , claims , demands ,
liabilities , suits or actions (including expenses and attorney ' s fees) which may be
asserted or arise against COUNTY in favor of any person or persons including the
employees of each party hereto , for any injuries (including death) and any loss of
or damage to the Project of any person or persons (including existing property of
the COUNTY) caused be or arising out of any occurrence in any manner
connected with the ENGINEER ' S performance of the Agreement , except when
due to the gross negligence or willful or wanton misconduct of the COUNTY . To
the extent allowed by law ,the COUNTY agrees to indemnify and the ENGINEER
harmless from any and all claims , causes of action, arising out of the work of the
ENGINEER arising out of the work performed or to be performed by the party
with whom the ENGINEER is contracting hereunder, or any other concerning
parties ' agents , affiliates , subsidiaries , or assigns , excepting only such actions ,
claims or lawsuits arising out of the gross negligence of the ENGINEER, its
affiliates , subsidiaries , officers and employees .
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SECTION XVIII - ENTIRETY OF AGREEMENT
This writing embodies the entire AGREEMENT and understanding between the parties
hereto , and there are no other agreements and understandings , oral or written, with reference to
the subject matter hereof that are not merged herein and superseded hereby .
No alteration , change , or modification of the terms of this Agreement shall be valid
unless made in writing and signed by both parties hereto .
This AGREEMENT , regardless of where executed , shall be governed by and construed
according to the laws of the State of Florida .
IN WITNESS WHEREOF the parties hereto have executed these presents this
16th day of June , 2009 .
MBV Engineering , Inc . INDIAN RIVER COUNTY , FLORIDA
2455 14th Avenue BOARD OF COUNTY COMMISSIONERS
Vero Beach , Florida 32960
FOR : -- _ _ _ Ey - -- -- -
Aaron J . Bowles , P . E . Wesley S . Davis , Chairman
Vice President
WITNESSED BY : Attest : J .K .
SARTI.) `�
CLERK CIRCUIT CH IC '
Deputy Clerk of the Cowart
Approved as to Form and Legal Accepted :
Sufficiency
By : r� By1rlk sj%IAJ !
ph A . aird, County Administ ator
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