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HomeMy WebLinkAbout2008-102C)4.0-3 - 04� S. Q INDIAN RIVER COUNTY V PUBLIC WORKS DEPARTMENT PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT FOR COMPLETION OF REQUIRED IMPROVEMENTS AT EAGLE TRACE SUBDIVISION, PHASE 2 This AGREEMENT, entered into this 8th day of Abri 1 , 2008, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and W.F. MCCAIN & ASSOCIATES, 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 III - Scope of Services; and shall give professional engineering and land surveying advice to the COUNTY during the performance of the services to be rendered. SECTION I - PROJECT LIMITS AND DESCRIPTION Consultant services are required for assistance in the completion of required improvements in Eagle Trace Subdivision, Phase 2 located in unincorporated Indian River County, Florida. The improvements identified by the COUNTY consist of the following: Complete a "punch list' of improvements that have not yet been satisfactorily completed including paving, grading, drainage, landscaping and the necessary as built drawings and certifications that would normally accompany the completed improvements. Assemble quantity take -off sheets for bidding, oversee and inspect all construction improvements and complete an irrigation plan for bidding purposes. 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: 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. B. 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: A. Project coordination with Jack Jolly, P.E. representative of the Indian River County 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: A. Preparation of a landscape planting sheet for bidding. B. Assistance with the project's bid or bid analysis. C. Construction management or pay request review. SECTION V - COMPENSATION The COUNTY agrees to pay and the ENGINEER agrees to accept for services rendered pursuant to this Agreement a not to exceed fee of $13,500.00 which includes direct costs. This cost does not include $3,000.00 for survey services noted in item G. above. Billing will be monthly and will be based on the hourly rates listed below to include an hourly breakdown on all invoices. 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. 2 Public Works Department, Engineering Division. B. Project coordination and permit compliance with the following permitting agencies: 1. Indian River County (IRC) 2. Indian River County Utilities (IRCU) 3. St John's River Water Management District (SJRWMD) 4. Florida Department of Environmental Protection (FDEP) 5. Indian River Farms Water Control District (IRFWCD) C. Provide an initial detailed project inspection with appropriate COUNTY personnel for delineation of final punch -list construction completion deficiencies and prepare a detailed, certified cost estimate for the remaining work items. D. Assemble quantity take -off sheets and exhibits of work for purposes of the COUNTY procuring contracts for remedial action items. E. Prepare construction completion certifications to the various agencies which require necessary documentation to finalize the project. F. Provide construction services, i.e., oversee and inspect all construction activities, to the degree necessary to produce the required certifications at project completion. G. Review as -built survey supplied by the Surveyor of Record, Mr. Bill Zentz and complete record drawings for IRC, etc. Surveyor services are $3,000.00 which will be invoiced directly to the COUNTY by the surveyor. H. Prepare an irrigation plan for bidding purpose by the COUNTY. 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: A. Preparation of a landscape planting sheet for bidding. B. Assistance with the project's bid or bid analysis. C. Construction management or pay request review. SECTION V - COMPENSATION The COUNTY agrees to pay and the ENGINEER agrees to accept for services rendered pursuant to this Agreement a not to exceed fee of $13,500.00 which includes direct costs. This cost does not include $3,000.00 for survey services noted in item G. above. Billing will be monthly and will be based on the hourly rates listed below to include an hourly breakdown on all invoices. 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. 2 Such changes will be considered additional services requiring written authorization and will be provided on an hourly basis not to exceed the following rates: Principal Engineer $120.00 per hour Senior Engineer $110.00 per hour Senior Structural Engineer $110.00 per hour Project Engineer $70.00 per hour Senior Technician $70.00 per hour Technician $60.00 per hour Landscape Designer $70.00 per hour Construction Management $90.00 per hour Construction Inspector $70.00 per hour Administrative $35.00 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 copies of final drawings and/or reports for information and reference purposes. SECTION X - NOTICES 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. C. 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 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 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. 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. 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. 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 parry 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. 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 8th day of APri > , 2008. W.F. MCCAIN & ASSOCIATES, INC.. INDIAN RIVER COUNTY, FLORIDA 1171 19TH STREET BOARD OF COUNTY CONYMISSIONERS : �... /:.%gi William FZMcCain P.E. President/Principal Engineer WITNESSED BY: By: Approved as to Form and Legal Sufficiency By: 9/1 d By. 4f�L San ra L. Bowden, Chairman Attest:_�,� By: 61t�, , b . CG. Deputy Clerk of the Court Accepted: loe By: ::Ae - p _ Joseph A; Baird, County Administrator W. F. McCain & Associates, Inc. 1171 19th Street Vero Beach, Florida 32960 Phone: (772) 770-1093 Fax: (772) 770-1508 www.wfmccain.com March 13, 2008 Chris Mora, P.E. Assistant Director Indian River County Public Works 1801 27th Street (Bldg A) Vero Beach, FL 32960 SUBJECT: PROPOSAL/CONTRACT FOR CONSTRUCTION SERVICES FOR EAGLE TRACE CONSTRUCTION COMPLETION, INDIAN RIVER COUNTY, FLORIDA. PHASE 2 REQUIRED INFRASTRUCTURE IMPROVEMENTS ONLY ENGINEER'S PROJECT NO, 08-114 Dear Mr. Mora: At your request, we are hereby submitting our proposal to provide construction oversight and inspection services associated with the completion of the above -referenced project. Based on our understanding of your project needs and the rules and regulations of Indian River County, St John's River Water Management District, the Florida Department of Environmental Protection and our review of the proposed construction, our scope of work would include the following services: ENGINEERING SERVICES Project coordination with Mr. Jack Jolly, P.E., representative of Indian River County Engineering Department. record drawings completion. services 2. Project coordination and permit compliance with the following permitting agencies: a. Indian River County (IRC) b. Indian River County Utilities (IRCU) C. St John's River Water Management District (SJRWMD) d. Florida Department of Environmental Protection (FDEP) e. Indian River Farms Water Control District (IRFWCD) 3. WFM shall provide an initial detailed project inspection with appropriate county personnel for delineation of final punch -list construction completion deficiencies and prepare a detailed, certified cost estimate for the remaining work items. 4. Assemble quantity take -off sheets and exhibits of work for purposes of the County procuring contracts for remedial action items. 5. Prepare construction completion certifications to the various agencies which require necessary documentation to finalize the project. 6. Provide construction services, i.e., oversee and inspect all construction activities, to the degree necessary to produce the required certifications at project record drawings completion. services 7. Review as -built survey supplied by the surveyor of record, Mr. Bill Zentz and complete record drawings for BRC, etc. Surveyor services are $3000.00 which will be invoiced directly to the County by the surveyor. Initial WF Initial Client_ PRO Eagle Trace Construction Completion.Final Page I of WFM will prepare an irrigation plan for bidding purposes by the County. Limitations This proposal excludes the following work tasks, however, should the County request such services, WFM will be happy to provide a quote to such work. 1. Preparation of a landscape planting sheet for bidding. 2. Assistance with the project's bid or bid analysis. 3. Construction management or pay request review. The cost of these services will be $13,500.00 and includes direct costs. This cost does not include the $3,000.00 survey services as noted in item 7, above. Billing will be monthly and will be based on the hourly rates listed below to include an hourly breakdown on all invoices. All billing for the sub -consultants will be at direct cost in accordance with our standard provisions. 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, we will immediately notify you, 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 hourly rates: Principal Engineer $120.00 per hour Senior Engineer $110.00 per hour Senior Structural Engineer $110.00 per hour Project Engineer S 70.00 per hour Senior Technician $ 70.00 per hour Technician $ 60.00 per hour Landscape Designer $ 70.00 per hour Construction Management $ 90.00 per hour Construction Inspector $ 70.00 per hour Administrative $ 35.00 per hour Invoices for our services will be billed monthly based on the above rates with payment made pursuant to the Local Government Prompt Payment Act F.S. 218.70. Contested invoices not brought to our attention by the due date are considered due and payable in full without further documentation. We are available to begin work described herein and more specifically upon receipt of your written acceptance of this proposal/contract, serving as acknowledgement to pay invoices as presented. Sincerely, W. F. McCain & Associates, Inc. tz Wi iam F. McCain, P.E. President/Principal Engineer WFM:lm �R/LlrLrt- Witness Initial WF Initial Client_ PRO Eagle Trace Construction Completion.Final Paget of Accepted this&� Y da of 2008 11 Indian River County Jos A. Baird s County Administrator cc: Chris Kafer via email at ckafer@ircgov.com Jack Jolly via email jjolly@ircgov.com Initial WW Initial Client Eagle Trace Construction Completion.Final Page of STANDARD PROVISIONS Rate Schedule- The rates noted in this proposal will be good for a period of one (1) year from the date of execution of this proposal by all parties. Terms — Owner or engineer may also suspend or terminate work as a result of an act of government such as a declaration or national emergency making work progress impossible. Indemnification- Consultant 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 by or arising out of any occurrence in any manner connected with Consultant's performance of this 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 hold W.F. McCain & Associates, Inc. harmless from any and all claims, causes of action, arising out of the work of W.F. McCain & Associates, Inc arising out of the work performed or to be performed by the party with whom W.F. McCain & Associates, Inc 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 W.F. McCain & Associates, Inc, its affiliates, subsidiaries, officers and employees. Attorney's Fees -In connection with any litigation arising from the terms of this agreement, the prevailing party shall be entitled to all costs including reasonable attorney's fees at both the trial and appellate levels. Hazardous Substances and Conditions - (a.) Unless stated in the scope of services, it is agreed that the Client does not request the Consultant or perform any services or to make any determinations involving hazardous substances or conditions, as defined by federal or state law. If such services are agreed to, Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediation expert with respect to hazardous substances and conditions. Consultant's services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. (b.) The Consultant shall notify the Client of hazardous substances or conditions not contemplated on the scope of services of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant will stop affected potions of its services. The parties shall decide if Consultant is to proceed with testing and evaluation and may enter into further agreements as to the additional scope, fee and terms for such services. (c.) If the Consultant's services cannot be performed because of the actual or suspected existence of a hazardous substance or condition different from that contemplated in the scope of services, the Client shall be deemed to have substantially failed to perform in accordance with the terms of this Agreement for the purpose of termination. (d.) Except to the extent of negligence, if any, on the part of the Consultant in performing services expressly undertaken in connection with hazardous substances and conditions, the Client agrees to hold harmless, indemnify, and defend the Consultant from and against any and all claims, losses, damages, liability and cost in any way arising out or connected with the presence, discharge, release or escape of hazardous substances or conditions of any kind, or environmental liability of any nature, in any manner related to services of the Consultant. Construction Phase Services - If the Consultant's services include the preparation of documents to be used for construction, the Consultant shall not be responsible for any interpretation of the intent of its documents if it is not retained and paid for periodic site visits. The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally confoto onstruction Initial WF Initial Client_ PRO Eagle Trace Construction Completion. Final Page 4 of 5 documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any failure to perform its work in accordance with the contract documents. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and for is means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job sites accidents; and that the Client and the Consultant shall be made additional insured under the contractor's general liability insurance policy. Ownership and Use of Documents- All original drawings and information are to remain the property of W.F McCain & Associates, Inc. The client will be provided with paper copies of final drawings and /or reports for information and reference purposes. Insurance - W.F. McCain & Associates, Inc. will maintain, at its own expense, worker's compensation, comprehensive general liability and professional liability insurance and upon request will furnish the client a certificate to verify same. Policy limits are Each Claim Limit of Liability $1,000,000.00; Annual Aggregate S 1,000,000.00 Termination for Cause -W. F. McCain and Associates Inc. has the right to terminate the contract, for any of the following events: (a.) The failure to make timely payments. (b.) The failure to respond to W.F. McCain and Associates Inc.'s written request for information or decisions. (c.) If W.F. McCain and Associates Inc. verily believes that the work requested will result in a structure or design that is not viable or it not in accordance with all code requirements. (d.) In the event of the above one or more grounds for termination of cause, W.F. McCain and Associates Inc. shall give a seven day written notice, and if the grounds for termination are not cured within the seven days, W.F. McCain and Associates Inc. has the right to terminate the contract. 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. Third No Party Beneficiary - This agreement is entered into for the exclusive benefit of the parties and the parties expressly disclaim any intent to benefit anyone not a party. Governing Law And Venue - This agreement is to be governed by the laws of the State of Florida and the venue in the event of any litigation shall be Indian River County, Fl. Time Limit — this proposal is valid for 90 days Initial W Initial Client PRO Eagle Trace Construction Completion.Final Page 5 of