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HomeMy WebLinkAbout2010-251 INDIAN RIVER COUNTY PUBLIC WORDS DEPARTMENT PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT FOR ENGINEERING SERVICES FOR MODIFICATIONS TO TARMAC SITE AS REQUIRED DUE TO 53RD STREET DESIGN This AGREEMENT , entered into this 12th day of October 2010 , by and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and Carter 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 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 design and permitting of modifications to the Tarmac Site located on the south side of 53rd Street west of F . E . C . Railway . 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 set forth in the attached Exhibit A . 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 amount of $4 , 210 . 00 . C :\Documents and Settings\gcorges\Local Settings\"remporary Internet Files\OLK3D7\Carter Assoc Pro Civil Eng Agreement 10-04- 1 O . doc 1 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 sed . SECTION VIII - RIGHT OF DECISIONS All services shall be performed by the ENGINEER to the satisfaction of the Public Works Director 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 . 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 Public Works Director . In the event that the ENGINEER does not concur in the judgment of the Public Works Director 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 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 Public Works Director 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 . C:\Documents and Settings\georges\Local Settings\Temporary Internet Piles\OLK3D7\Carter Assoc Pro Civil Eng Agreement 10-04- 1 O . doc 2 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 two 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 . C :\Documents and Settings\georgesTocal SettingsUemporary Internet Files\0LK3D7\Carter Assoc Pro Civil ging Agreement 10-04- 10 . doc 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 . 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 . C :\Documents and Settings\georges\Local SettingsUemporary Internet Piles\OLK3D7\Carter Assoc Pro Civil Eng Agreement 10-04- 10. doc 4 V . 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 . L Notwithstanding the provisions of s . 725 . 06 , i f 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 . 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 . C :\Documents and Settings\georges\Local SettingsUemporary Internet Filcs\0LK3D7\Carter Assoc Pro Civil Eng Agreement 10-04- 10 . doc p 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 12th day of October , 2010 . Carter Associates , Inc . INDIAN RIVER COUNTY, FLORIDA 1708 21St Street BOARD OF COUNTY COMMISSIONERS Vero Beach , Florida 32960 - 3472 FOR : "y� By : ��S510NEq�"°• Georg S • mo - E . Peter D . O ' Biyan, ChairmaP . • ,p • • • • • • • • . • °.lvi v* c " �� •• President °o` a . . p a � • p • 6 J .K . BARTON ° " R °e WITNESSED BY : Attest : : Q $ r CLECIRCUIT COU I °°ae,� •. a f OQ '°'0 �.�•---- oo '/��/n�p°/• 01./�0 . 46 . • �VoO y By : aO6P °�•% NR PPP B Deputy Clerk of the Court Approved as to Form and Legal Accepted : ° , 102" 1 0 Sufficiency By : By : septi A Baird , County Administrator C :\Documents and Settings\georgesTocal Settings\Temporary Internet Files\01,K3D7\Carter Assoc Pro Civil Eng Agreement 10-04- 10 . doc 6 cAR,rER ASSO K rES , INC * � Q CONSULTING ENGINEERS AND LAND SURVEYORS 1 '1118 21st STRF14"1' • VI{ Ro III?A ('; I1 , 1, LORIIM 129 (it) -3472 • 772 . 562- 44) 1 • 772562- 71SO ( FaA1 OI IN 11 . I1L11N _ 11 . 14 . , PRINCIPAL FRANX S. UY 'CURGbti, I ' .S . A1 . UA \% II L• , LULTIIJI: . P. S . \4 . , PRIN (_' IP;, I.. K1: NNF11-1 \ 1 . (iOO)) , 1 ' . F: . ill ) R01? A . SIA90NS . P. 1-1* . ITLNCIPAL k !")( II.;R A . I1 :1GLI? R , P . S . A1 . E. PATRICK S . \4` Al;t' IIGI: , P , I ?. . , 1' RI ^;C' lly,A1 , i . tiPAN i.9 (`CiLlIRB, I '. S I'FVF 1 ) . Sia 10 ; RGER . 1 ) MARVIN E . CARTFR , P. S . N . , Cousuliam b) the Finn I ) HAN F, Uit Il-I .IF" PA. . , n, ;_ •.; , Ciinwllimi ( ( , the Firm September 29 , 2010 Mr. Chris Kafer, P . E . , County Engineer Indian River County Engineering Division 180127"' Street Vero Beach , Florida 32960 RE : 53 "' Street Project Coordination — Tarmac Frontage Civil Engineering Services Proposal CAI Project No. 10-39E Dear Mr . Davis : It is our pleasure to present for your acceptance, the following proposal for civil engineering services associated with the above referenced project . Please find attached an engineer ' s scope of services and estimated costs outlining the steps required to coordinate the roadway improvements along the Tarn-lac frontage and the associated design and permitting costs . Additional services required , but not included in the estimate, will be provided at our hourly rates , a copy of which is attached . Reimbursable expenses , such as postage, long distance calls , mileage, fax transmittals , blueprints , vellum , etc . , will be billed at cost . Thank you for giving us the opportunity to submit a proposal for our services . We look forward to working with you on this project. Should you have any questions or need additional information, please do not hesitate to contact me at our office . Sincerely, CARTER Ss-6 bk ES , INC . A . imo�� . Georg , Principal C1 N : \ GAS \ P \ 10 - 39E IR County 53rd street \ 9 - 29 - 10 proposal . doe L aR ti 1 )( c 1911 - ©2010 by CAI ENGINEER' S SCOPE OF SERVICES AND ESTIMATED COST FOR INDIAN RIVER COUNTY 53RD STREET PROJECT COORDINATION TARMAC FRONTAGE September 29 , 2010 TASK I — DATE GATHERING AND SITE REVIEW MEETING $ 15180 . 00 WITH COUNTY STAFF E4 6 hrs x $ 140 . 00 = $ 840 . 00 Eng Tech 4 hrs x $ 85 . 00 = $340 . 00 TASK 2 — REVISE THE LANDSCAPE PLAN $ 19240 . 00 (Includes a preliminary review with Tarmac Representatives) E- 1 4 hrs x $ 140 . 00 = $560 . 00 Eng Tech 8 hrs x $ 85 . 00 = $ 680 . 00 TASK 3 — PREPARE AA SITE PLAN AND TREE REMOVAL $ 620. 00 APPLICATION PACKAGE E4 2 hrs x $ 140 . 00 — $280 . 00 Eng Tech 4 hrs x $ 85 . 00 = $340. 00 TASK 4 — PERMITTING FOLLOW THROUGH $ 19070. 00 E- 1 4 hrs x $ 140. 00 = $560 . 00 Eng Tech 6 hrs x $ 85 . 00 = $510 . 00 TASK 5 — REIMBURSABLES , (printing, mileage, postage, etc.) $ 100 . 00 TOTAL COST * 1 Design and Permitting $4 ,210 . 00 TASK 6 — CONSTRUCTION PHASE SERVICES TBD The "Total Cost" as outlined above is an amount not to be exceeded for performing the work as identified in the " Scope of Civil Engineering Services" . This amount shall not be exceeded without prior written authorization by the Client, or upon the Client' s written request to perform additional engineering work. Note : ( Sub) = Sub- Consultant Services and Fee Servu 1F, Floiicia N :\GAS\P\ 10-39E IR County 53rd street\Engr Fee Proposal .doc Page I of 2 �1 sj ,c( , ni , o � CARTER ASSOCIATES , INC . OCTOBER, 2009 RATESCHEDULE Engineer ( Senior Consultant) $ 140 . 00/hr . Engineer I (Registered) $ 140 . 00/hr . Engineer II (Registered) $ 115 . 00/hr. Engineer III - EIT $ 90 . 00/hr. Engineer Technician (Senior) $ 85 . 00/hr. Surveyor (Senior Consultant) $ 140 . 00/hr. Surveyor I (Registered) $ 135 . 00/1-tr . Surveyor II (Registered) $ 125 . 00/1-ir . Surveyor III (Registered) $ 90 . 00/11-r . Survey Crew (4 Men) $ 143 . 00/hr . Survey Crew (3 Men) $ 130 . 00/hr. Survey Crew (2 Men) $ 120 . 00/hr. GPS RTK Survey Crew ( 3 Men) $ 150 . 00/hr. GPS RTK Survey Crew (2 Men) $ 135 . 00/hr . CADD Technician 1 $ 75 . 00/hr. CARD Teclulician II $ 65 . 00/hr. Secretary/Word Processor $ 40 . 00/hr. Inspector • $ 62 . 00/hr . Recording and Permit Fees Cost Materials Cost Sub-consultants Cost Reimbursable Expenses : Postage, Long Distance Calls, Federal Express , etc . Cost Blueprints $ 0 . 25 /S .F . Mylar $ 1 . 75 /S . F . Photocopy (8 . 5 " x 1 I ") $ 0 . 15 /ea . Photocopy ( 8 . 5 " x 14") $ 0 . 25 /ea . Photocopy ( 11 " x 17") $ 0 . 35 /ea . These fees shall be renegotiated on an annual basis . � 5civin��F:ionda_ N :\GAS\'\ I0-39E IR County 53rd street\Engr Fee Proposal .doc Page 2 of 2 AGREEMENT �a � a BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT made as of , 2010 between INDIAN RIVER COUNTY (OWNER) , a political subdivision of the State of Florida , hereinafter referred to as the "OWNER", who shall constitute the contracting party and CARTER ASSOCIATES , INC . (ENGINEER) . OWNER requests professional engineering services for the coordination of the 53 'd Street Paving and Drainagepr'oject impacts to the landscaping improvements on the Tarmac Site . A _proposed gravity wall and an associated gravity wall maintenance area easement will encroach upon the site one ( 1 ) foot and five ( 5 ) foot respectively. The proposed driveway connection will encroach upon the landscape strip along the north 250+/- feet of the west property line . The subject coordination project will include revising the landscape plan which is part of a previously approved Tannac Site Plan to facilitate the gravity wall and driveway construction . An AA Site Plan modification application and a Tree Removal Permit application will be submitted to officially document the changes The name to be used for this project shall be : 53r`t Street Project Coordination - Tarmac Frontage . OWNER and ENGINEER in consideration of their mutual covenants, herein agree in respect to the performance of professional services by ENGINEER and the payment for those services by OWNER as set forth below . SECTION 1 -- Scope of Services ENGINEER shall provide for OWNER, professional civil engineering services in accordance with all tasks as outlined in the attached EXHIBIT ` A ' of this AGREEMENT ( SCOPE OF SERVICES) . These services will include serving as OWNER' S professional engineering representative for the authorized work, providing professional engineering consultation and advice and furnishing customary civil engineering services incidental thereto . SECTION 2 -- OWNER' S Responsibilities The OWNER shall provide to the ENGINEER an expedited review of the applications and efforts to facilitate the approval process . The OWNER shall be responsible for the actual work in the removal , replacement, and/or relocation of the displaced landscape material . SII%lll}; I-�011(:�d N :\GAS\P\ 10-39E IR County 53rd street\short form Agreement . doc Since 1011 i Pagel of 3 SECTION 3 . 1 -- Schedule and Outline of Services Upon receipt of this written authorization from the OWNER, ENGINEER shall begin work within 5 days . Assuming work was to start before October 15 , 2010 , ENGINEER would have an AA Site Plan Modification application and attaclunents ready for submittal prior to November 1 , 2010 . SECTION 3 . 2 -- Work Performed At Hourly Rates , With a Not-To-Exceed Fee The ENGINEER shall perform work on the items described in Task 1 . 0 through 5 . 0 of the attached Engineer' s Scope of Services for this AGREEMENT at the hourly rates provided in the attached October 2009 Carter Associates , Inc . Rate Schedule . The work shall be completed in accordance with the attached Proposal for a total fee not to exceed $ 4 . 210 . 00 , unless written authorization is received from the OWNER to exceed this amount . SECTION 4 . 1 -- Payment The ENGINEER shall prepare monthly statements requesting payment . The OWNER shall make payment to the ENGINEER within 30 days of the date of the statement . Unpaid balances shall incur interest of 1 . 5 % per month . In. the event that payment is not received , the ENGINEER may take legal action for collection . The OWNER hereby agrees to pay all legal fees for collection . SECTION 4 . 2 -- Reimbursable Expenses Reimbursable Expenses are defined as : postage ; long distance calls ; express mail ; mileage ; testing ; reproduction costs ; black line prints ; color prints ; xerox copies and delivery costs . Estimated Reimbursable Expenses in the amount of $ 100 . 00 have been included in the total proposed project fee . Reimbursable Expenses above the estimated amount shall be direct billed to the Owner as an additional expense above the total Proposal fee . Application fees are specifically excluded from this proposal and shall be provided to the ENGINEER for all applications submitted by the ENGINEER . SECTION 5 -- Termination The obligation to provide continuing services under this Agreement may be terminated by either party upon thirty days written notice in the event of substantial failure by the other party to perform in accordance with the terms herewith through no fault of the terminating party. SECTION 6 -- Insurance The ENGINEER shall maintain statutory insurance for protection from claims under Worker's Compensation Acts , relative to his employees , as well as $ 1 , 000 , 000 . 00 coverage for general liability and $ 1 , 000 , 000 . 00 against negligent errors and omissions . SECTION 7 -- Attachments The following documents are attached hereto and made part of this AGREEMENT . NAGASTA 0-39E IR County 53rd street short form Agreement. docScwin F --Clorid i A� Since 1911 Page 2 of 3 o 1 . CAI Letter Proposal dated September 29 , 2010 , consisting of one page . 2 . Engineer ' s Scope of Services and Estimated Cost, consisting of two pages , outlining five Tasks and the CAI October 2009 Rate Schedule SECTION 8 -- Contact Personnel During the course of execution of this AGREEMENT , the normal day to day contact personnel shall be as follows : For OWNER : For ENGINEER: Mr . Chris Kafer, P . E . , County Engineer Mr. George Simons , P . E . , President Indian River County Engineering Division Carter Associates , Inc . 1801 27th Street 1708 21 " Street Vero Beach, FL 32960 Vero Beach , FL 32960 (772) 226 - 1221 (772) 562 -4191 CKafer@, irc4o;•• . Conr georges@carterassoc . com IN WITNESS WHEREOF , the parties hereto have made and executed this Agreement as of 20105 the day and year first above written . OWNER : ENGINEER : SIGNATURE (County) IGNATURE CARTER ASSOCIATES INC . George Simons P . E . , President Printed Name Title Address and Phone for giving notices : Address and Phone for giving notices : Owner Engineer Carter Associates Inc . 1708 21 " Street Vero Beach FL 32960 Tel : ( 772) 562 -4191 CIA- StN :\GAS\P\ 10-39E IR County 53rd street\short form Agreement.doc `;iiue Ill 1 i Page 3 of 3