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HomeMy WebLinkAbout2011-242 ) 2 . 641 18 • x, • FROFESSIONAL CIVIL ENGINEERING SERVICES FOR OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENT o`� b � � aL� � ; 8TH LANE TO 6 .5TH STREET IRC PROJECT NO . 0845 This AGREEMENT , entered into this 6th day of December 2011 , by and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida, hereinafter referred to as the COUNTY , and AFCOM TECHNICAL SERVICES , INC . , hereinafter referred to as the ENGMER, WITNESSETH The COUNTY and the ENGINEER , in consideration of their mutual covenants, herein agree with respect to the performance of professional civil engineering and related services by the ENGINEER and the payment for those services by the COUNTY as set forth below . The ENGINEER shall provide professional consultant services for Construction Engineering and Inspection ( CEI) for the COUNTY in all phases of the project described in Section III - Scope of Services and serve as the COUNTY' S professional representative for the project during the performance of the services to be rendered . SECTION I - PROJECT LIMITS AND DESCRIPTION Consultant services are required for the construction engineering and inspection associated with the sidewalk improvements for Old Dixie Highway from 38" Lane to 65t" Street, revised by Change Order from 45th Street to 65 "' Street in Indian River County , Florida. The sidewalk improvements identified by the COUNTY consist of the following: The COUNTY desires to construct a 5 ' wide concrete sidewalk , on the east side ol' Old Dixie Highway from Sten . 65 + 00 to 204+00 (45 `h Street . to 65th St.), install drainage improvements and construct a pedestrian bridge over the Indian River Farms Water Control District' s North Relief Canal . SECTION 11 - 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 tinder this Agreement; all of which information the ENGINEER may use and reasonably rely upon : A . Provide the ENGINEER with a copy of CADD tiles consisting of existing location surveys , topographic surveys , design files, digital terrain models , and any other related documents as required for the ENGINEER to perforin his services . B . Provide the ENGINEER with all available drawings, right-of-way maps, and other documents in the possession of the COUNTY pertinent to the project . C . The COUNTY shall make provisions for the ENGINEER to enter upon public and private property as required for the ENGINEER to perform his services . D . The COUNTY will provide the environmental assessment document (Categorical Exclusion) required for this project to be submitted to FDOT . F : \Public WorksTNGINEEWNG DIVISION PROJECTSM45 -01d Dixie Hwy Sidewalk USI _69ili (LAP)\Admim\agenda iteniMFCOM AGRLENIEN't Am E . The COUNTY will provide the ENGINEER with structural plans and calculations for the proposed box culvert extensions and the proposed pedestrian bridge over the Indian River Farris Water Control District North Relief Canal required for this project . SECTION III - SCOPE OF SERVICES The ENGINEER agrees to perform CEI services in connection with the project as required and set forth in the following : A . General : 1 . After issuance of written authorization to proceed, the ENGINEER shall consult with the COUNTY to clarify and define the COUNTY ' S requirements for the project and review available data . 2 . 'fhe ENGINEER will attend conferences with the COUNTY and its representatives upon reasonable request. 3 . In order to accomplish the work described wider this AGREEMENT , the ENG [NEER will perform the following tasks as outlined in Exhibit A . SECTION IV On COMPENSATION The COUNTY agrees to pay and the ENGINEER agrees to accept for services rendered pursuant to this Agreement fees in accordance with the following : A _ Processional Services Fee The basic compensation mutually agreed upon by the ENGINEER and the COUNTY is as follows and is outlined ut Exhibit A : TASKS LABOR FEE Hourly Not-to- Exceed Tasks Task1 ..... .... .. ....... ... . .... .. .... . .... ...... . . ... ... .. . .. ... .. ... .. ... .... .. . . .. ...... .... .. . .. . .. . . . .. ........... .. S 81602.62 Task2 ... .. ..... . ..... .. ... . . . .. ........... ...... . . ... ..... . .. ... .............. ... . .... ..... ..... .. . . .. .. . .. .. ...... .. ... $ 911441 .61 Task 3... .. 7.030.76 GRAND TOTAL S 107,074. 99 SECTION V - PARTIAL PAYMENTS The COUNTY shall make monthly partial pa3rments to the ENGINEER based upon a percent complete actual effort on hourly components as identified in this Agreement and Exhibit A . Payment shall be made pursuant to the Florida Prompt Payment Act, Florida Statute 218 . 70 et seq . I, .APub{ic WorksAMANITRING DIVISION PROJEC" I;S\0845-Old Dixie Hwy Sidewalk USI -09th R4AP)�Adinim\agenda items\AECOM AGREENfF.NT. doc SECTION VI - 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 whatever 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 . The Director of the Public Works Department shall review 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 . 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 VII - NOTICES Any notices, reports or other mTitten 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. 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 Vlll - TERMINATION The obligation to provide fiirther services under this Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party . The County may, for public convenience , terminate this contract at any time provided 90 days written notice is given to the ENGINEER . In the event of any terminations , the ENGINEER will be paid for all services rendered to the date of termination , all expenses subject to reunbursement hereunder, and other reasonable expenses incurred by the ENGINEER as a result of such tennination . SECTION IX - 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 X - 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 ofthe F Tublic WorksVFN( INLL' RING MVISION PROJI4.11 S\0845 -Old Dme Hwy Sidewalk USI _ 69th J AP )\AdmimAagenda items\AECOM AGRF.EMF..'NT. doc 4 engineering and surveying fins responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data . SECTION X1 - 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 X11 - 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 XIII - INSURANCE AND INDEMNIFICATION During the perfonnance 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 F.NGINF. F. R , his agents, representatives, employees, and in accordance with subclause H , suhconsultants . The cost of such insurance shall be included in the ENGINEER' S fee . B . Minimum Scope of Insurance I. 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 $ 00 , 000 per clainL' annual aggregate . This insurance committed shall extend coverage to loss of interest, earning, profit, use and business interruption , cost of replacement power, and other special , indirect and consequential damages . F :Tublic Works\ENGLNEFRLNG DIVISION PRO.IEC1S\0845-Old Dixie Hwy Sidewalk US1 _h9ttt (L A.P )AAdmim\agenda items\AECOM AGRI ENIENT . doc C ENGINEER' S applicable insurance coverage ,; hall be primary . D . All above insurance policies shall be placed with insurers with a Best's rating of no less than A vu . 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 . 11 . ENGINEER shall either include each subconsultant 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 . F Tublic WorksTNGTNBERING DIVISION PROIECTS\0345-01d Dixie Hwy Sidewalk USI . 69th (LAP)\Admitrt!agenda items\AECOM AGRE.ENTENT doc 6 SECTION XIV - 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 6th day of December --., 2011 , AECOM TECHNICAL SERVICE , INC. INDIAN RIVER COUNTY , FLORIDA 3550 SW Corporate P i MMISS /p Palm City, Florida 3 D • " • ' NFA ' Byi By : • Z : � Gary C . WI e CT, Chau-man Board of unty Commissioners • �c t : o : 'QZ WITNESSED Y _ O/ 0���'•i • ..gNRWER � +� �• •••nrr r• r•••• _ Attest : Nor Jeffrey K on, Clerk of Circui Court Approved as to Form Knd Legal Sufficiency Deputy Clem Alan S . Polackwich„ Sr. , County Attorney seph A . Ba rd unty Administrator F :Tublic Works\ENGINEERtNG DIVISION PROJECTS\0845-01d Dixie Hwy Sidew,dk EIS 1_69th (LAP)\Admim\agenda items\AECOM AGREEMEN'i. doc EXHIBITA SIDEWALK PROJECT - OLD DIXIE HWY FROM 38TH LN TO 65TH ST a=COM CONSTRUCTION ENGINEERING AND INSPECTION SCOPE OF SERVICES September 19 , 2011 — Revision 2 Indian River County requires Construction Engineering and Inspection Services (CEI ) for the construction of sidewalks on Old Dixie Highway from 38" Lane to 65`h Street with a pedestrian bridge over the North Relief Canal . AECOM will provide the County with a part time senior project engineer, a part time project administrator, and a full time project inspector, who will perform the inspection services as defined under this Scope of Services . AECOM personnel will utilize effective control procedures to assure that the construction is performed in reasonable conformity with the construction contract drawings and specifications . CONSTRUCTION SERVICES This section defines the administration of the construction contract . AECOM shall provide CEI Services for the project . The CEI services shall include field observation , coordination and meetings with the Contractor, County, Public , and field testing companies , review of change orders , review of Contractor ' s monthly pay requests , shop drawing review, preparation of project progress reports and coordination of permit conditions and compliance , as listed below : For the 160 calendar day construction period , AECOM will provide a part time Senior Project Engineer ( PE ) , a part time Senior Project Administrator, and a full time Senior Inspector, to observe the construction work performed by the Contractor for all aspects of the project work effort . This proposal also includes part time staff for a period of 2 weeks prior to construction and a period of 2 weeks after project final acceptance . Pre Construction TASK 1 The AECOM Senior Project Engineer will prepare for and co- host a pre-construction meeting that will include the contractor, utility companies , FDOT officials , and County officials . AECOM will prepare an agenda for the meeting , and distribute meeting minutes to all attendees . Staff will also review the plans and contractor submittals . Ensure all required FDOT forms are submitted . Construction Observation and Administration — TASK 2 The AECOM Inspection Team will be available at all times during the Contractor 's scheduled and approved operations on the construction project . If the construction project is suspended , the AECOM staff hours will be adjusted at the direction of the County to correspond with the type of cessation , either complete suspension or partial suspension . The AECOM Inspection Team will monitor the Contractor's on -site construction operations and inspect the materials entering into the work site as required to properly monitor the quality of workmanship and materials such that the Project will be completed in reasonable conformity with the contract drawing , specifications , and other contract provisions . Material sampling and testing will be performed by others under separate contract to Indian River County. The AECOM Inspection Team will keep detailed , accurate records of the Contractor's daily operations and significant events that affect the work . The specific duties and responsibilities of the AECOM Inspection Team will include the following : • Assist with the Coordination of Indian River County ' s testing firm to monitor that necessary material testing is performed . Evaluate test results and schedule re -tests on failing samples . • Monitor day-to-day Contractor operations , coordinating between County, Engineer( s) of Record and Contractor. • Inspect the Contractor' s work , including quality control of materials and application . Observe that proper procedures and specifications are followed . Page 1 of 5 SIDEWALK PROJECT - OLD DIXIE HWY FROM 38TH LN TO 65TH ST COM CONSTRUCTION ENGINEERING AND INSPECTION SCOPE OF SERVICES September 19 , 2011 — Revision 2 • Collect and inventory material records and maintain quantities for individual pay items . • Maintain field notes , inspection logs , punch list items , collect and check load tickets and supply inspection reports . • Employee interviews will be preformed by the Senior Inspector. Interviews will be provided to the County for their records . • The Senior Inspector will review the contractor 's EEO board for compliance . Any findings will be reported to the County for their records . • Review invoices and recommend appropriate action . • Recommend minor field modifications to the County. • Attend meetings as requested by the County. The AECOM Staff will conduct progress meetings for the duration of the project . AECOM will prepare an agenda for each meeting and distribute meeting minutes to the attendees . The AECOM Staff will prepare a monthly construction progress report that will be submitted concurrent with the Contractor 's payment draw request , along with the Contractor 's schedule . The report will include recommendation of payment to the contractor, and denote areas in which the contractor appears to be falling behind the approved construction schedule . The AECOM Staff will tabulate various pay items to track quantities . The AECOM Staff will evaluate monthly payment requests received from the Contractor for accuracy and , if correct , forward with a monthly progress report to the County' s Project Manager with a recommendation for payment . The AECOM Staff will review and determine the acceptability of substitute materials and equipment proposed by the Contractor. The AECOM Staff will review the contractor 's traffic control plan for compliance with the proposed construction activities and requirements of the contract documents . AECOM Staff will maintain incoming and outgoing correspondence files . The AECOM Senior Project Engineer will review and respond to requests for information ( RFIs) and other communications in a timely manner. The AECOM Senior Project Engineer will review the contractor's baseline and update schedules to check the contractor ' s logic and critical items are reasonable and meet the contract requirements . The AECOM Senior Project Engineer will assess pertinent elements and recommend the appropriate action when a condition arises requiring a contract change order or claim . The AECOM Senior Project Engineer will evaluate the contractor's claims for additional compensation for entitlement . A recommendation will be provided to the County Project Manager, Page 2 of 5 SIDEWALK PROJECT - OLD DIXIE HWY FROM 38TH LN TO 65TH ST aCOM CONSTRUCTION ENGINEERING AND INSPECTION SCOPE OF SERVICES September 19 , 2011 — Revision 2 The AECOM Staff will review and approve submittals which are defined for purposes of this contract as drawings , diagrams , illustrations , brochures , schedules and other data prepared by a contractor, subcontractor, manufacturer, supplier, or distributor which illustrates the equipment , material or some portion of the work to be used during the construction of the project. The AECOM Senior Project Engineer will issue necessary interpretations and clarifications of the contract documents and in connection therewith prepare work directive changes and change orders as required for County Project Manager 's approval . The AECOM Staff will coordinate with affected property owners and businesses to keep them informed of the construction progress , and to ensure there is an acceptable transition to their property / place of business . Material sampling and testing will be performed by others , under a separate contract to Indian River County ; including but not limited to verification of pile bearing capacity, concrete testing , and soil density testing . EEO and payroll records will be received , reviewed for compliance and maintained by Indian River County. Monthly reporting to FDOT will be preformed by the County. Post Construction Services — TASK 3 The AECOM Staff will conduct an inspection to determine if the work has been completed by the Contractor in accordance with its contract agreement with the County, and if the Contractor has fulfilled all of his obligations there under. The AECOM Staff will make written approval and recommendations to the County concerning the disposition of final payment to the Contractor. Final Certification and record drawings : AECOM will review record drawings that are to be produced by the contractor. AECOM will inspect the record drawings for reasonably accuracy, based on information provided by and certified by a Professional Surveyor and Mapper. The AECOM Senior Project Engineer will evaluate the final pay request and all final documents and provide certification of completion to the appropriate jurisdictional agencies . The AECOM staff will submit the final certification request to the FDOT. Construction Office : Afield office has not been included in this proposal . Surveying Survey costs have not been included in the proposal . Survey, if required , may be performed at our corporate rates . Material Sampling and Testinq Material Sampling and Testing will be performed by others . The FDOT verification testing will be performed by others . LIMS data entry is not included in this proposal . Length of Service The CEI costs are based on a Time and Material Basis . Miscellaneous equipment Page 3 of 5 SIDEWALK PROJECT - OLD DIXIE HWY FROM 38TH LN TO 65TH ST aCOM CONSTRUCTION ENGINEERING AND INSPECTION SCOPE OF SERVICES September 19 , 2011 — Revision 2 AECOM will provide vehicles , laptops and air cards for all field personnel . Costs associated with vehicles and computer equipment are included in the fee proposal . Method of Compensation This section defines the method and limits of compensation to be made to AECOM for the services described in the scope of services . This Proposal is based on a Time and Material Basis . The expected construction duration is 160 calendar days . The proposal includes a part time Senior Project Engineer ( PE ) , a part time Project Administrator, and a full time Senior Inspector. The part time Senior Project Engineer ( PE) , a part time Project Administrator, and a full time Senior Inspector will be paid on an hourly rate based on the time spent on the project . Senior Project Engineer $ 165 . 37 / HR Project Administrator $ 112 . 44 / HR Senior Inspector $77 . 82 / HR Maximum Limitinq Amount Elements TOTAL CEI COSTS = $ 107, 074. 99 Task 1 — This task will be based on actual labor hours spent on the task . The estimated hours for this task are as follows : CONTRACT ADMINISTRATION COSTS Number of Number of Total Number Description Hourly Rate Hours/Week Work Weeks of Hours Total Cost Senior Project Engineer $ 165 . 37 3 . 00 2 6 . 00 $ 992 . 22 Project Administrator $ 112 .44 20 . 00 2 40. 00 $ 4 , 497 . 60 Senior Project Inspector $ 77 . 82 20 . 00 2 40. 00 $ 31112 . 80 Estimated Contract Administration Cost = $ 81602. 62 Task 2 - This task will be based on actual labor hours spent on the task . The estimated hours for this task are based on the EORs construction time estimate of 23 weeks ( 160 days) . CONSTRUCTION ADMINISTRATION OBSERVATION TASK 2 CONSTRUCTION ADMINISTRATION COSTS Number of Number of Total Number Description Hourly Rate Hours/Week Work Weeks of Hours Total Cost Senior Project Engineer $ 165 . 37 2 . 00 19 38 $ 6, 284 . 06 Project Administrator $ 112 .44 15 . 00 19 285 $ 32 , 045 .40 Senior Project Inspector $ 77 . 82 35 . 00 19 . 5 683 $ 53 , 112 . 15 $ Estimated Construction Administration Costs = $ 91 ,441 . 61 Page 4 of 5 SIDEWALK PROJECT - OLD DIXIE HWY FROM 38TH LN TO 65TH ST COM CONSTRUCTION ENGINEERING AND INSPECTION SCOPE OF SERVICES September 19 , 2011 — Revision 2 Task 3 — This task will be based on actual labor hours spent on the task . The estimated hours for this task are as follows : • • CONSTRUCTION ADMINISTRATION COSTS Number of Number of Total Number Description Hourly Rate Hours/Week Work Weeks of Hours Total Cost Senior Project Engineer $ 165 . 37 4 . 00 2 8 . 00 $ 1 , 322 . 96 Project Administrator $ 112 . 44 15 . 00 2 30 . 00 $ 3 , 373 . 20 Senior Project Inspector $ 77 . 82 15 . 00 2 30. 00 $ 2 , 334. 60 $ Estimated Construction Administration Costs = $ 71030. 76 Page 5 of 5