HomeMy WebLinkAbout2012-067 - / 1- /,q�
S. F
AMENDMENT NO . 15 TO THE PROFESSIONAL a a
ENGINEERING SERVICES AGREEMENT 0 67
66TH AVENUE PAVING AND DRAINAGE IMPROVEMENTS
BETWEEN 4TH STREET AND SR60
IRC PROJECT NO . 9810B
THIS is an amendment to the existing AGREEMENT dated NOVEMBER 17 , 1998 , including
AMENDMENTS NUMBER 1 through 14 , between CARTER ASSOCIATES , INC . ( ENGINEER) and
INDIAN RIVER COUNTY ( COUNTY) . The proposed scope of work includes Indian River County utility
modifications , bridge plan revisions and permit modifications . All provisions of the original Professional
Engineering Services Agreement including Amendment Nos . I through 14 shall remain in full force and
effect , unless otherwise specifically modified . This amendment addresses changes in " SCOPE OF
SERVICES " , " COMPENSATION " and " TIME OF COMPLETION " of the AGREEMENT .
SCOPE OF SERVICES
See attached letter from Carter Associates , Inc . dated March 30 , 2012 , which specifies changes in the
" SCOPE OF SERVICES " and " COMPENSATION "
COMPENSATION
This section of the AGREEMENT entitled SECTION V - COMPENSATION shall be revised in
response to the Scope modifications set out herein . The charges associated with this AMENDMENT NO . 15
are as follows :
Amendment No . 15 Lwnp Sum Total $ 7.9 11 490 . 00
The charges associated with the AGREEMENT (which include changes from Amendments I through 14 and
these additional services included in proposed Amendment 15 ) , shall be increased from $ 679 , 825 . 00 to
$ 687 , 315 . 00 .
( . 17oClimenk'01d Salines Fa1W I ,os.d Seltlne� lc POWT % Inlc nci I'ilcc01 RJf .9N 10 Amcndnmil 1 03-IL' 12 duc 1
The AGREEMENT is hereby amended as specifically set forth herein . All sections of the
AGREEMENT shall remain in full force and effect , and are incorporated herein . This Amendment No . 15 to
the AGREEMENT , regardless of where executed, shall be governed by and construed by the laws of the
State of Florida.
TIME OF COMPLETION
Carter Associates , Inc . shall have 30 calendar days from their receipt of a written Notice to Proceed to
complete the additional services of this amendment .
In WITNESS whereof the parties have executed the Amendment this 17th Day of
April , 2012 .
CARTER ASSOCIATES , INC . INDIAN RIVER COUNTY , FLORIDA
� MMissi0N°
Patrick S . Walther, P . E . Gary C . W eeler, Chairman
Principal/ Secretary Board of ' ounty Commissioners * . o
Witnessed by : Approved by BCC April 17 , 25ae 4 % 6
q�
Attest :
Jeffrey K . Barton , Cl k of Circuit Court
ti Bre
Alan S . Polackwich , Sr . , County Attorney Deputy Jerk
Approved as to Form and Legal Sufficiency
r _
seph A . b aird , County Administrator
( f
C Docunlenls nd SC1lin,5 . . hiovI .,cal Senmp I emp ialy 1111cIOet Files.01 - OF t)8I0 AmenJmern I S 114 ( ) 1 - 12 JLic
2
C AWFER ASSOCIATES , INC: . _
CONSULTLNG ENGINEERS AND LAND SUR 'E FORS
POS 21st STREL 'r VERO kFAC1111 FLORIDA 32960 -347 ? 772 - 562.4191 • 77 '_-562-7180 ( I;AX )
103AN N . RI lJM , N. G. , PRIt� i: IP.'� L FRANKS . CULCL= P. ESE , P.S . M .
U4V1D 'c. LGEI' HJE, P .S. h1 . PR1NC1 aI. CLIidTOP; J . RAHUPS . P . F .
C, EtORGE A . SIMONS , P. E . , PRINCIPAL STEVE D SNOHERGER , P
PATRICK S . WALTHE- R, P. E. , PRINCIPAL 1113NAMAI ! D . SPEED , P E.
LSSA MIN L. CA1:"IF. ^ . P .S .A1. . Ccnuid ( wit to the t irm
DEAN F. LUCT1 U6. KF. . , w Fina
14-larch 30 , 2012 � VIE ^
Mr . Christopher J . Kafer, Jr . , P. E . County Engineer MAR 3 0 2012
Indian River County Engineering Division INDIAN RIVER COUNTY
1 SOI 27 "` Street ENGINEERING DIVISION
Vero Beach , FL 32960
Re : 66 '1' Avenue Roadway Improvements (4 "' Street to State Road 60 )
Amendment No . 15 -- Professional Engineering Services Agreement
IRC Project No . 9510 ( CAI Job # 9S - 2 )
Dear Cl r , s :
We are pleased to present this proposed amendment for additional professional engineering services for the
Phase 2 portion of the 66"' Avenue paving and drainage improvements proje. c.t (4th Street to 16" ' Street) . All
provisions of the original professional Engineering Serviccs Agreement ( dated November 17 , 1998 ) ,
including An-Iendruent. Nos . I th ough 14, shall remain in full force and effect, unless otherwise specifically
modified herein . "1 he following further describes our proposed scope of services and terms of agreement
between Carter Associates , Inc . ( Eh ( Tineer ) and Iridian River County (Coarct ) :
Additional Services :
• Plan changes requested by Tndian River County Utilities Department after release of bid docuirients ,
(This work has already been performed by CAI at a cost of 55 540 . 00 see Exhibit " A ") .
• Bridge plan modifications requested by Indian River Farms Water Control District after release of
blot documents . (This work -Vvill re periorrnc.c !3 t zcr tiV' x idi Ie t=l � lite0l _i. , LI'; TOr 3
; ' p ^U7Ti
fee of S1 , 950 . 00 : see Exhibit ` B " ) .
Compensation :
Amendment No . 15 additional service fees will be invoiced on a lump sum basis for the total amount of
57 ; 490 . 00 upon completion of the work.
Please call me should you have any questions or concerns regarding our proposed scope of work or terms of
agreement .
Sincerely,
Patrick S . Walther , P . F.
PrmcipaUSecretary/Project Manager
i
N : vJ) SWU" l231✓'\Agreements�l'.rnendmentl5proposal . doc Page 1 of 1 — LAI 5}71{ d 1911
CARTER ASSOCIATES , INC .
CONSULTING ENGINEERS AND LAND SURVEI'ORS
IWIS ]- INt .STREET • VERU BEACH , FLOlt tD.A 32Q60- 3472 • 772-502-4191 • 772-�62 - 7LS0 FV
JoHIN F.. . IiI U :VII P- H , PRINCIPAL PRANKS
DAVID E. L. UF.THJE , P . S . M . , PRINCIPAL C' LINTUt! J . RAH1E � ,
GF-OKGEA_ SIR70N.S P. E . PR : NCIPAI , STEVF f? . SNOPFRCF-R . P . E.
PATRICK S . NVALTHI ; R , P E , PRNCIPAL BENJAMIIN D . SPEED, P G .
A4ARVIN E. CARTER , P . SM . . C011 aOfant to the Finn 7G1l,
DEAN P. LUET1 ' , E. ,HJE , .E. , r, � s �n COMEM ) ImII W the Firm Exhibit "A"
66 `h Avenue Phase 2
Additional Services Man -hour Breakdown
For
Addressing Indian River County Utility Department Comments
March 30 , 2012
Engineer 1 — Principal 2 hours @ $ 140/hr = $ 280 . 00
Engineer 1 — Registered 32 . 75 hours @ $ 140/hr = 4 ,585 . 00
Engineering Tech 9 1► nars $ 75/hr = 675 . 00
Total $ 5 ,540 . 00
_ Ser� ini� Plcnirla
'� tiulCr ILII
I
TRC Worldwide Engineering , Inc. —
1250 F'rofcssiona( Park Drive , Suite 7
Fort Myers , FL 33913
Phone : (239) 939- 1414 F : (239) 278 -4289
uPwW . trcwW_ C0M C . O . A . No . 27322 WORLIDWIDE ENGINEERING
March 29 , 2012
Mr, Pat Walther, Pc
Carter Associates , Inc.
1708 21St Street
Vero Beach , FL 32900 -3476
RE : 661h Avenue Bridge : Services related to plans revisions and assistance with narrative
response to address Indian River Farms Water Control District ( IRFWCD ) comments received
February , 2012
Dear Mr. Brylanski :
As requested , TRC Worldwide Engineering is pleased to present this proposal for professional structural
engineering services , as described below:
Scope of Services : We will make plans revisions and assist Carter Associates with the narrative response to
address IRFWCD review comments recently received on the owner' s submittal for permitting . Our assistance
will be limited to structural engineering services only . We have assumed that revisions to span and width of
the designed structure will not be required to address the IRFWCD comments .
Fee Structure : The fee for the above services will be a " lump sum " fee of $ 1 , 980 . Services will include
ony activities to address IRFWCD comments . Above fees are due and payable upon :receipt of invoice .
Please note that the General Conditions attached is applicable and form part of our agreement .
If you require any additional information , please feel free to contact us at your convenience .
Sincerely ,
TRC Worldwide Engineering , Inc . Inc .
Win Pet ne , PE
Princip — Division Manager ( Florida Transportation )
Enclosure : Rate Schedule , General Conditions
The terms and conditions of this proposal including the terms on the attached General Conditions are
accepted :
BY : DATE :
Signature
Printed Name Title
PLEASE SIGN AND RETURN THE ACCEPTED PROPOSAL AND INITIAL_ THE GENERAL CONDITIONS
WHICH ARE A PART OF THE CONTRACT ,
5 F R V I C E I N N O V A T I O N Q U A L
I T Y
TRC Woridwicde 17-- ngineering , inc. a
12550 Professional Park Drive Suite 7
Fort Myers , FL 33913
R Caw
(23 9 ) 939. 1414 Fax: (239) 2784289
WORLDWIDE EplGI !lEER ( t{ G
u v✓ rr. trcuw. ccm
_GENERAL CONDITIONS
i 5/15/09
Statements will be issued the first week of each month, payable upon receipt, unless otherwise agreed . Interest of 1 . 5% per month
(but
not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days , payment thereafter
to be
applied first to accnred interest and then to the principal unpaid amount. Any attorney's fees or other costs incurred
in collecting any
delinquent amount shall be paid by the Client. Express mail shipments, courier service, etc . is not included and will be
a reimbursable
expense . In the event payment for an invoice is not made within 30 days , TRC Worldwide Engineering ,
Incorporated ("i RCWW)
reserves the right to notify the Client of our intention to stop work on the project, Sales tax, if applicable , shall be an additional
charge to
all hourly rates, fees and reimbursable expenses. All fees quoted are valid for six months unless specified .
If the Client requests termination of the work prior to completion , we reserve the right to complefe such analysis
and records as
necessary to place our files in order and , where considered by us necessary to protect our professional reputation , to cornplete a
report
on the work perfomled to date . A termination charge to cover the cost thereof in an amount not to exceed 30 percent
of all charges
incurred up to the date of the stoppage of work may, at the discretion of TRCWW , be applicable .
i
If the Client makes a claim against TRCbVW , at law or otherwise, for any alleged error, omission or other
act arising out of the
performance of our professional services , and the Client fails to prove such claim , then the Client shall pay all costs, including attorney's
fees , incurred by TRCWW in defending itself against the claim .
The only warranty or guarantee made by TRCVJW in connection with the services performed hereunder is that we will use that degree
of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar
locality. No other warranty, expressed or implied, is made or intended by our proposal for consulting services , by our fumishing
oral or
written reports , or by furnishing drawings and specifications.
The outlined scopo of services will be accomplished in a dm .rly, workmanlike and professional manner by employees
or agents of
TRCWW at the fees quoted . If during the execution of the work we are required to stop operations as a result of changes
in the scope
of work such as requests by the Client, or others , additional charges will be applicable .
TRCWW maintains 'vVcrker' s Compensation and Employer's Liability Insurance in conformance with state law . in addition , we maintain
Comprehensive General Liability insurance with limits of $ 1 , 0003000 - 000 . A Certificate of insurance can be supplied evidencing
such
coverage . Cost of the above coverage is included in our quoted fees . Additional insurance or increased limits of liability
are available
upon written request for an additional charge .
Ail work prepared by TRCWW is the property of the corporation and may only be used for its intended use . Said work
may not be used
at any other location for any other !ase without TRCWW's written authorization .
This agreement is to be governed by the laws of the State of Florida . The venue for legal action ansina out of
this agreement shall lie
exclusively in the Circuit Court in and for Lee Counly, Florida _ %thing contained in this Agreement
shall create a contractual
relationship with or a cause of action in favor of a third party against either lho Client or the TRC . TRC's professional services
under this
Agreement are being performed solely for the Client's benefit , and no other party or entity shall have any claim against TRC
because of
this Agreement or the performance or nonperformance of professional services hereunder. The Client and TRC agree to
require a
similar provision in all contracts with contractors , subcontractors, subconsultants , vendors, and other entities involved in this
Project to
carry out the intent of this provision .
Notwithstanding any other provisions of this Agreement, and to the fullest extent permitted by law, neither the Client
nor TRC , their
respective officers , directors , partners , subsidiaries, employees, contractors, or subconsultants shall be liable to the other or shall
make
any claim for any incldental , indirect or consequential damages arising out of or connected in any way to the Project, this Agreement,
or-
the performance of professional sen ices under this Agreement. This mutual waiver of incidental , indirect or consequential damages
shall include , but is not limited to , loss of use, loss of profit, loss of business , loss
of income , loss of reputation or any other
consequential darnages that either party may have incurred from any cause of action i,-icluding negligence , strict liability,
breach of
contract and breach of strict or implied warranty . Both the Client and TRC shall require similar waivers
of incidental , indirect or
consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved
in this
project.
In recognition of the relative risks, rewards and benefits of the project to both the Client and the
Structural Engineer of Record
(TRCWSN) the risks have been allocated so that the Client agrees tha , to the fullest extent permitted by law , TRCWW's total
liability to
the Client, for any and ail injuries , claims , losses , expenses , damages or claims ex?enses arising our of this agreement, from any
cause
or causes , shall not exceed the total amount of $50 , 000 . 00 . the amount of TRCWW 's fee (whichever is greater) or other amount agreed
upon when added under special conditions . Such causes include , but are not limited to TRUVW 's negligence , errors , omissions
, strict
liability, breach of contract or breach of warranty.
Initials hate
S F R V I C F I N N 0 V A T 1 0 N Q U A L
I T Y