HomeMy WebLinkAbout2011-161 �d� l (o / II
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CONTINUING CONTRACT AGREEMENT
for
ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES
THIS CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL AND
BIOLOGICAL SUPPORT SERVICES ( "Agreement" or " Master Agreement" ) , entered
into as of this 16 day of August , 2011 by and between INDIAN RIVER
COUNTY , a political subdivision of the State of Florida , ("COUNTY") and G . K .
ENVIRONMENTAL , INC . , ( "CONSULTANT" ) .
BACKGROUND RECITALS :
A . In compliance with the Consultants ' Competitive Negotiation Act , Section
287 . 055 , Florida Statutes , the COUNTY has selected the CONSULTANT to provide
certain environmental and biological support services for various and sundry civil and
environmental engineering projects ("Services") .
Be The CONSULTANT is willing and able to perform the Services for the
COUNTY on the terms and conditions set forth below ; and
C . The COUNTY and the CONSULTANT wish to enter into this Agreement
for the CONSULTANT 's Services for various and sundry civil and environmental
engineering projects .
NOW THEREFORE , in accordance with the mutual covenants herein contained
and other good and valuable consideration , the receipt and sufficiency of which are
hereby acknowledged , the parties agree as follows :
1 . GENERAL .
1 . 1 All professional services provided by the CONSULTANT for the COUNTY
shall be identified in Work Orders and performed in a timely, efficient , cost effective
manner, and in accordance with current professional standards . Work Orders shall
include a description of services to be performed ; a statement of fees ; a schedule of
deliverables ; proposed schedule for compensation and whether compensation is lump
sum , maximum amount not-to -exceed , task based , or any combination of the foregoing ;
a budget establishing the amount of compensation to be paid with sufficient detail so as
to identify all of the various elements of costs ; a projected schedule. for completion of
the work to be performed by the CONSULTANT ; and any other additional instructions or
provisions relating to the specific Services authorized pursuant to each Work Order that
does not conflict with the terms of this Agreement .
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10 Whenever the term "Work Order" is used herein , it is intended to mean
that formal document that is dated ; serially numbered ; and executed by both the
COUNTY and the CONSULTANT by which the COUNTY accepts CONSULTANT 's
proposal for specific services and CONSULTANT indicates a willingness to perform
such specific services for the terms and under the conditions specified in this
Agreement . Each Work Order must be fully executed by the COUNTY prior to issuance
of the related Notice -to- Proceed .
1 . 3 Services related to any individual Work Order which would increase ,
decrease or which are otherwise outside the scope of Services or level of effort
contemplated by a Work Order shall be Services for which the CONSULTANT must
obtain the prior written approval of the COUNTY as provided by this Agreement . All
terms for the performance of such Services must be agreed upon in a written document
prior to any deviation from the terms of a Work Order ; and when properly authorized
and executed by both the CONSULTANT and the COUNTY, shall become an
amendment to the Work Order or a new Work Order , at the sole option of the COUNTY .
A separate Notice4o - Proceed may, at the sole option of the COUNTY, be given for
each phase of the services contained in any Work Order hereunder.
1 . 4 A Work Order shall not give rise to any contractual rights until it meets the
foregoing requirements . Each written Notice -to - Proceed and specific Work Order , as
approved by the COUNTY , shall be an addendum to this Agreement . Nothing
contained in any Work Order shall conflict with the terms of this Agreement , and the
terms of this Agreement shall be deemed to be incorporated into each individual Work
Order as if fully set forth therein .
1 . 5 A schedule of current hourly billing rates is set forth in Exhibit 1 attached
to this Agreement and made a part hereof by this reference . These hourly billing rates
will remain effective for the duration of this Agreement .
1 . 6 No representation or guarantee is made by Indian River County as to the
yminimum or maximum dollar value , volume of work , or type of work , if any , that
CONSULTANT will receive during the term of this Agreement .
1 . 7 The Background Recitals are true and correct and form a material part of
this Agreement .
2 . COUNTY OBLIGATIONS .
2 . 1 The COUNTY will provide the CONSULTANT with a copy of any
preliminary data or reports available as required in connection with the work to be
performed under this Agreement , together with all available drawings , surveys , right-of-
way maps , and other documents in the possession of the COUNTY pertinent to a
Project . The CONSULTANT shall satisfy itself as to accuracy of any data provided.
The CONSULTANT is responsible for bringing to the COUNTY's attention , for the
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COUNTY's resolution , material inconsistencies or errors in such data that come to the
CONSULTANT ' s attention .
2 . 2 The COUNTY shall arrange for access to , and make provisions for the
CONSULTANT to enter upon , public and private property (where required ) as
necessary for the CONSULTANT to perform its Services , upon timely written request of
CONSULTANT to COUNTY .
2 . 3 The COUNTY shall promptly execute all permit applications necessary to
the Project.
2 . 4 The COUNTY shall examine any and all studies , reports , sketches ,
drawings , specifications , proposals and other documents presented by the
CONSULTANT , and render , in writing , decisions pertaining thereto within a reasonable
time .
2 . 5 Approval by the COUNTY of any of the CONSULTANT 's work , including
but not limited to drawings , design specifications , written reports , or any work products
of any nature whatsoever furnished hereunder, shall not in any way relieve the
CONSULTANT of responsibility for the technical accuracy and adequacy of the work .
Neither the COUNTY' s review, approval or acceptance of , or payment for, any of the
Services furnished under this Agreement shall be construed to operate as a waiver of
any rights under this Agreement or of any cause of action arising out of the performance
of this Agreement . The CONSULTANT shall be and remain liable in accordance with all
applicable laws for all damages to the COUNTY caused by the negligent performance
by the CONSULTANT of any of the Services furnished under this Agreement .
2 . 6 The COUNTY reserves the right to appoint one or more Project Managers
for the specific Services in connection with any Work Order , The Project Manager shall :
( a) act as the COUNTY' s agent with respect to the Services rendered hereunder ; ( b)
transmit instructions to and receive information from the CONSULTANT ; (c)
communicate the COUNTY' s policies and decisions to the CONSULTANT regarding the
Services ; and (d) determine , initially, whether the CONSULTANT is fulfilling its duties,
responsibilities , and obligations hereunder.
2 . 7 The COUNTY shall give prompt written notice to the CONSULTANT
whenever the COUNTY observes or otherwise becomes aware of any development that
affects the timing or delivery of the CONSULTANT 's Services . If the CONSULTANT
has been delayed in completing its Services through no fault or negligence of either the
CONSULTANT or any sub-consultant , and , as a result , will be unable to perform fully
and satisfactorily under the provisions of this Agreement , then the CONSULTANT shall
promptly notify the Project Manager. In the COUNTY's sole discretion , and upon the
submission to the COUNTY of evidence of the causes of the delay , the Work Order
shall be modified in writing as set forth in this Agreement , subject to the COUNTY' S
rights to change , terminate , or stop any or all of the Services at any time in accordance
with this Agreement .
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2 . 8 The CONSULTANT shall not be considered in default for a failure to perform if
such failure arises out of causes reasonably beyond the CONSULTANT 's control and
through no fault or negligence of the CONSULTANT . The parties acknowledge that
adverse weather conditions , acts of God , or other unforeseen circumstances of a similar
nature , may necessitate modifications to this Agreement . If such conditions and
circumstances do in fact occur, then the COUNTY and CONSULTANT shall mutually
agree , in writing , to the modifications to be made to this Agreement .
3 . RESPONSIBILITIES OF THE CONSULTANT,
3 . 1 The CONSULTANT agrees to perform all necessary environmental and
biological support services , and other Services in connection with the assigned
Project(s) as set forth in the Work Orders and in this Agreement .
3 . 2 The CONSULTANT will endeavor not to duplicate any previous work done
on any Project . Before execution of a Work Order, the CONSULTANT shall consult with
the COUNTY to clarify and define the COUNTY 's requirements for the Project.
3 . 3 The CONSULTANT agrees to complete the Project within the time frame
specified in the Work Order .
3 . 4 The CONSULTANT will maintain an adequate staff of qualified personnel .
3 . 5 The CONSULTANT will comply with all present and future federal , state ,
and local laws , rules , regulations , policies , codes , and guidelines applicable to the
Services performed under this Agreement .
3 . 6 The CONSULTANT , as a part of the consideration hereof , does hereby
covenant and agree that : ( 1 ) ' in connection with the furnishing of Services to the
COUNTY hereunder, no person shall be excluded from participation in , denied the
benefits of , or otherwise subjected to discrimination in regard to the services to be
performed by CONSULTANT under this Agreement on the grounds of such person 's
race , color , creed , national origin , religion , physical disability, age , or sex ; and ( 2) the
CONSULTANT shall comply with all existing requirements concerning discrimination
imposed by any and all applicable local , state , and federal rules , regulations , or
guidelines ; as such rules , regulations , or guidelines may be from time to time amended .
3 . 7 The CONSULTANT shall during the entire term of this Agreement , procure
and keep in full force , effect, and good standing any and all necessary licenses ,
registrations , certificates , permits , and any and all other authorizations as are required
by local , state , or federal law , in order for the CONSULTANT to render its Services as
described in this Agreement . The CONSULTANT shall also require all sub-consultants
to comply by contract with the provisions of this section .
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3 . 8 The CONSULTANT will prepare all necessary sketches and completed
application forms to accompany the COUNTY 's applications for any required federal ,
state , or local permits . The CONSULTANT will reply , in writing , to all regulatory
agencies ' requests for additional information related to a permit application . The
CONSULTANT will document all meetings , conversations , etc . with permitting agencies .
The CONSULTANT will provide the COUNTY with copies of all permit applications ,
including attachments , and all related correspondence . The CONSULTANT
acknowledges that preparation of all applicable permits for the COUNTY 's submittal to
regulatory agencies , and the CONSULTANT 's written responses to all regulatory
agencies ' questions until the permit is issued or denied , are included within the scope of
basic compensation in each particular Work Order. No additional service work related
to permitting will be approved for any reason , except in the case where new permitting
requirements become effective after the effective date of a Work Order.
3 . 9 The CONSULTANT will cooperate fully with the COUNTY in order that all
phases of the work may be properly scheduled and coordinated .
3 . 10 The CONSULTANT will cooperate and coordinate with . other COUNTY
CONSULTANTs , as directed by the COUNTY.
3 . 11 The CONSULTANT shall report the status of the Services under this
Agreement to the County Project Manager upon request and hold all drawings ,
calculations and related work open to the inspection of the County Project Manager or
his authorized agent at any time , upon reasonable request .
3 . 12 All documents , reports , tracings , plans , specifications , field books , survey
notes and information , maps , contract documents , and other data developed by the
CONSULTANT for the purpose of this Agreement , are and shall remain the property of
the COUNTY. The foregoing items will be created , maintained , updated , and provided
in the format specified by the COUNTY . When all work contemplated under this
Agreement is complete , all of the above data shall be delivered to the County Project
Manager.
3 . 13 The CONSULTANT will confer with the COUNTY during the further
development of improvements for which the CONSULTANT has provided design or
other services , and the CONSULTANT will interpret plans and other documents ; correct
errors and omissions ; and prepare any necessary plan revisions not involving a change
in the scope of the work required , at no additional cost to the COUNTY , within thirty (30)
calendar days of notice by the COUNTY, or upon a determination of the CONSULTANT
of the existence of such errors or omissions , whichever event shall first occur . The
foregoing is not intended to include construction management services provided by the
CONSULTANT .
3 . 14 The CONSULTANT agrees to maintain complete and accurate books and
records ( " Books" ) , in accordance with sound accounting principles and standards for all
Services , costs , and expenditures under this Agreement . The Books shall identify the
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Services rendered during each month of the Agreement and the date and type of each
Project-related expense . The COUNTY shall have the right at any reasonable time and
through any of its designated agents or representatives , to inspect and audit the Books
for the purpose of verifying the accuracy of . any invoice . The CONSULTANT shall retain
the Books , and make them available to the COUNTY as specified above , until the later
of three (3 ) years after the date of termination of this Agreement, or such longer time if
required by any federal , state , or other governmental law , regulation , or grant
requirement.
3 . 15 The CONSULTANT shall not assign or transfer any work under this
Agreement without the prior written consent of the COUNTY. When applicable and
upon receipt of such consent from the COUNTY, the CONSULTANT 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 .
3 . 16 All documents , including but ; not limited to drawings and specifications ,
prepared by the CONSULTANT pursuant to this Agreement are related exclusively to
the Services described herein and are not intended or represented to be suitable for
reuse by the COUNTY or others on any ` other project . Reuse of any document or
drawing shall be at the COUNTY's own risk. The CONSULTANT shall not be held liable
for any modifications made to the documents by others .
4 . TERM , TIME FOR COMPLETION .
4 . 1 This Agreement shall remain ' in effect for a term of one ( 1 ) year (" Initial
Term ") , unless otherwise sooner terminated as provided herein . The Initial Term may
be extended by the COUNTY fora maximum of one ( 1 ) year (" Extension Term ") . The
decision to exercise an extension option for the Extension Term shall be at the sole
discretion of the COUNTY. The CONSULTANT shall be notified in writing of the intent
to extend the Agreement at least ninety ( 90) days before the expiration of this
Agreement . The Extension Term , if any, is subject to sooner termination in accordance
with the terms of this Agreement .
4 . 2 The time for completion of each Project shall be defined in the Work
Order .
5 . COMPENSATION .
5 . 1 The COUNTY shall pay to the CONSULTANT a mutually agreed upon
lump sum or maximum amount not-to -exceed professional fee for each task in the Work
Order, to be paid in monthly installments or on a deliverable basis , all asset forth in a
Work Order. Duly certified invoices , in triplicate , phased as per the Work Order , shall
be submitted to the County Project Manager , in detail sufficient for proper "prepayment
and post payment audit . Upon submittal of a proper invoice the County Project
Manager will determine if the tasks or portions thereof have been satisfactorily
completed . Upon a determination of satisfactory completion , the County Project
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Manager will authorize payment to be made . All payments for services shall be made to
the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment
Act , as may be amended from time to time (Section 218 . 70 , Florida Statutes , et seq . ) .
5 . 1 . 1 The CONSULTANT shall include on the invoices any identifiable per diem ,
meals and lodgings , taxi fares and 'miscellaneous travel -connected expenses for
CONSULTANT 's personnel subject to the limitations of F . S . section 112 . 061 , as may
be amended from time to time . Travel expenses , if any , shall not be on a direct pay
basis by the COUNTY. Notwithstanding the foregoing , the CONSULTANT
acknowledges and agrees that it will not be reimbursed for any travel within Indian River
County, both after a CONSULTANT arrives from outside of Indian River County , and
where a CONSULTANT maintains an office; in Indian River County.
5 . 1 . 2 The COUNTY shall make direct payment of all permit fees paid to
regulatory agencies for approvals directly attributable to the Services under the Project .
These permit fees do not include those permits required for any construction contractor.
5 . 2 The COUNTY may at any time notify the CONSULTANT of requested
changes to the Services under an existing Work Order , and thereupon the COUNTY
and the CONSULTANT shall execute a mutually agreeable amended Work Order or a
new Work Order ,
5 . 3 The COUNTY shall have the 'sole right to reduce or eliminate, in whole or
in part , any portion of the Services under any Work Order at any time and for any
reason , upon written notice to the CONSULTANT specifying the nature and extent of
the reduction . In such event , the CONSULTANT shall be paid for the Services already
performed and also for the Services remaining to be done and not reduced or
eliminated , upon submission of invoices as set forth in this Agreement .
5 . 4 The COUNTY may , at any time and for any reason , direct the
CONSULTANT to suspend Services , in whole or in part under this Agreement . Such
direction shall be in writing , and shall specify the period during which Services shall be
stopped . The CONSULTANT shall resume its Services upon the date specified , or
upon such other date as the COUNTY may thereafter specify in writing . Where the
COUNTY has suspended the Services under this Agreement for a period in excess of
six ( 6) months , the compensation of CONSULTANT for such suspended Services may
be subject to modification . The period during which the Services are stopped by the
COUNTY shall be added to the time of performance of this Agreement .
6 . ADDITIONAL WORK .
6 . 1 If services in addition to the Services provided hereunder are required or
desired by the County in connection with the Project , the COUNTY may , at the sole
option of the COUNTY : separately obtain same outside of this Agreement ; or request
the CONSULTANT to provide , either directly by the CONSULTANT or by a sub-
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consultant , such additional services by a new Work Order or by a written amendment to
a specific Work Order ,
7 . INSURANCE AND INDEMNIFICATION ,
7 . 1 The CONSULTANT shall not commence work on this Agreement until it
has obtained all insurance required under this Agreement and such insurance has been
approved by the County's Risk Manager.
7 . 2 CONSULTANT shall procure and maintain , for4 the duration of this
Agreement , the minimum insurance coverage as set forth herein . The cost of such
insurance shall be included in the CONSULTANT 's fee :
7 . 2 . 1 Workers ' Compensation : Workers ' Compensation as required by the
State of Florida . Employers ' Liability of $ 100 , 000 each accident , $500 , 000 disease
policy limit , and $ 100, 000 disease each employee .
7 . 2 . 2 General Liability : commercial general liability coverage , including
contractual liability and independent contractor , with a minimum combined single limit of
$ 1. 00 , 000 per occurrence and personal injury coverage of $50 , 000
7 . 2 . 3 Business Automobile Liability : owned , hired , and non -owned vehicles at a
minimum combined single limit of $ 100 , 000 per occurrence and personal injury
coverage of $ 50 , 000 for bodily injury and property damage for owned and non -owned
vehicles .
7 . 2 .4 Professional Liability Insurance : providing coverage for negligent acts ,
errors , or omissions committed by CONSULTANT with a limit of $ 1 , 000 , 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 .
7 . 3 CONSULTANT 's insurance coverage shall be primary .
7 . 4 All required insurance policies shall be placed with insurers licensed to do
business in Florida and with a Best's rating of A VII or better.
7 . 5 The insurance policies procured shall be occurrence forms , not claims
made policies with the exception of professional liability .
7 . 6 A certificate of insurance shall be provided to the County 's Risk Manager
for review and approval , ten ( 10 ) days prior to commencement of any work under this
Agreement . The COUNTY shall be named as an additional insured on all policies
except workers ' compensation and professional liability .
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7 . 7 The insurance companies selected shall send written verification to the
County Risk Manager that they will provide 30 days prior written notice to the County
Risk Manager of its intent to cancel or modify any required policies of insurance .
7 . 8 CONSULTANT shall include all sub-consultants as insured under its
policies or shall furnish separate certificates and endorsements for each sub-
consultants . All coverages for sub-consultants shall be subject to all of the
requirements stated herein .
7 . 9 The COUNTY, by and through its Risk Manager, reserves the right
periodically to review any and all policies; of insurance and reasonably to adjust the
limits of coverage required hereunder, from time to time throughout the term of this
Agreement . In such event , the COUNTY shall provide the CONSULTANT with separate
written notice of such adjusted limits and Cr ONSULTANT shall comply within thirty (30 )
days of receipt thereof . The failure by CONSULTANT to provide such additional
coverage shall constitute a default by CONSULTANT and shall be grounds for
termination of this Agreement by the COUNTY .
7 . 10 The CONSULTANT shall indemnify and hold harmless the COUNTY , 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 CONSULTANT and other persons
employed or utilized by the CONSULTANT in the performance of this Agreement .
8 . TERMINATION ,
8 . 1 This Agreement may be terminated : ( a) by the COUNTY , for any reason ,
upon thirty (30) days ' prior written notice to the CONSULTANT ; or ( b) by the
CONSULTANT , for any reason , upon thirty (30) days ' prior written notice to the
COUNTY ; or (c) by the mutual Agreement of the parties ; or d ) as may otherwise be
provided below. In the event of the termination of this Agreement , any ° liability of one
party to the other arising out of any Services rendered , or for any act or event occurring
prior to the termination , shall not be terminated or released .
8 . 2 In the event of termination by the COUNTY, the COUNTY's sole obligation
to the CONSULTANT shall be payment for those portions of satisfactorily completed
work previously authorized by approved Work Order. Such payment shall be
determined on the basis of the hours of work performed by the CONSULTANT , or the
percentage of work complete as estimated by the CONSULTANT and agreed upon by
the COUNTY up to the time of termination . In the event of such termination , the
COUNTY may , without penalty or other obligation to the CONSULTANT , elect to
employ other persons to perform the same or similar services .
8 . 3 The obligation to provide services under this Agreement may be
terminated by either party upon seven (7 ) days prior written notice in the event of
substantial failure by the other party to perform in accordance with the terms of this
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Agreement through no fault of the terminating party .
8 . 4 In the event that the CONSULTANT merges with another company,
becomes a subsidiary of , or makes any other substantial change in structure , the
COUNTY reserves the right to terminate this Agreement in accordance with its terms .
8 . 5 In the event of termination of this Agreement , the CONSULTANT agrees
to surrender any and all documents prepared by the CONSULTANT for the COUNTY in
connection with this Agreement .
8 . 6 The COUNTY may terminate this Agreement for refusal by the
CONSULTANT to allow public access to all documents , papers , letters , or other
material subject to the provisions of Chapter 119 Florida Statutes and made or received
by the CONSULTANT in conjunction with this Agreement .
8 . 7 The COUNTY may terminate this Agreement in whole or in part if the
CONSULTANT submits a false invoice to the COUNTY.
9 . TRUTH- IN- NEGOTIATION CERTIFICATE : CONTINGENCY FEES .
9 . 1 Execution of this Agreement by the CONSULTANT ' shall act as the
execution of a truth-in -negotiation certificate certifying that the wage rates , and costs
used to determine the compensation provided for in this Agreement are accurate ,
complete and current as of the date of the Agreement and no higher than those charged
the CONSULTANT ' s most favored customer for the same or substantially similar
service . The wage rates and costs shall be adjusted to exclude any significant sums
should the COUNTY determine that the wage rates and costs were increased due to
inaccurate , , incomplete or noncurrent wage rates or due to inaccurate representations of
fees paid to outside CONSULTANT& The COUNTY shall exercise its rights under this
" Certificate " within one ( 1 ) year following final payment . COUNTY has the authority and
right to audit CONSULTANT's records under this provision . The COUNTY does not
hereby waive any other right it may have pursuant to Section 287 . 055 , Florida Statutes ,
as it may be from time -to-time amended .
9 . 2 Pursuant to the CONSULTANTs ' Competitive Negotiation Act , Section
287 . 055 , Florida Statutes , the CONSULTANT warrants that it has not employed or
retained any company or person other than a bona fide employee working solely for the
CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to
pay any company or person other than a bona fide employee working solely for the
CONSULTANT any fee , commission , percentage fee , gifts or any other considerations ,
contingent upon or resulting from the award or making of this contract . For breach of
violation of this provision , the COUNTY shall have the right to terminate this Agreement
without liability and , at its discretion , to deduct from the contract price , or otherwise
recover , the full amount of such fee , commission, percentage , gift , or consideration .
10 . MISCELLANOUS PROVISIONS ,
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10 . 1 Independent Contractor. It is specifically understood and acknowledged
by the parties hereto that the CONSULTANT or employees or sub-consultants of the
CONSULTANT are in no way to be. considered employees of the COUNTY, but are
independent contractors performing solely under the terms of the Agreement and not
otherwise .
10 . 2 Merger ; Modification . This Agreement incorporates and includes all prior
and contemporaneous negotiations , correspondence , conversations , agreements , or
understandings applicable to the matters contained herein and the parties agree that
there are no commitments , agreements , or understandings of any nature whatsoever
concerning the subject matter of the Agreement that are not contained in this document.
Accordingly , it is agreed that no deviation from the terms hereof shall be predicated
upon any prior or contemporaneous representations or agreements , whether oral or
written . No alteration , change , or modification of the terms of this Agreement shall be
valid unless made in writing and signed by the CONSULTANT and the COUNTY.
10 . 3 Governing Law ; Venue . This Agreement , including all attachments hereto ,
shall be construed according to the laws of the State of Florida . Venue for any lawsuit
brought by either party against the other parry or otherwise arising out of this Agreement
shall be in Indian River County, Florida , or , in the event of federal jurisdiction , in
the
United States District Court for the Southern District of Florida .
10 . 4 Remedies : No Waiver. All remedies provided in this Agreement shall be
deemed cumulative and additional , and not in lieu or exclusive of each other or of any
other remedy available to either party , at law or in equity . Each right , power and
remedy of the parties provided for in this Agreement shall be cumulative and concurrent
and shall be in addition to every other right , power or remedy provided for in this
Agreement or now or hereafter existing at law or in equity or by statute or otherwise .
The failure of either party to insist upon compliance by the other party with any
obligation , or exercise any remedy , does not waive the right to so in the event
of a
continuing or subsequent delinquency or default . A party 's waver of one or more
defaults does not constitute a waver of any other delinquency or default . If any legal
action or other proceeding is brought for the enforcement of this Agreement or because
of an alleged dispute , breach , default , or misrepresentation in connection with any
provisions of this Agreement , each party shall bear its own costs .
10 . 5 Severability . If any term or provision of this Agreement or the application
thereof to any person or circumstance shall , to any extent , be held invalid or
unenforceable for the remainder of this Agreement , then the application of such term or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable shall not be affected , and every other term and provision of this
Agreement shall be deemed valid, and enforceable to the extent permitted by law .
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10 . 6 Availability of Funds . The obligations of the COUNTY under this
Agreement are subject to the availability of funds lawfully appropriated for its purpose by
the Board of County Commissioners of Indian River County .
10 . 7 No Pledge of Credit . The CONSULTANT shall not pledge the COUNTY's
credit or make it a guarantor of payment or surety for any contract , debt , obligation ,
judgment , lien , or any form of indebtedness .
10 . 8 Public Records . The CONSULTANT shall comply with the provisions of
Chapter 119 , Florida Statutes ( Public Records Law) in connection with this Agreement :
10 . 9 Notices : Any notice , request , demand , consent , approval , or other
communication required or permitted by this Agreement shall be given or made in
writing and shall be served , as elected by the party giving such notice , by any of the
following methods : (a) Hand delivery to the other party ; ( b) Delivery by commercial
overnight courier service ; or ( c) Mailed by registered or certified mail ( postage prepaid ) ,
return receipt requested at the addresses of the parties shown below :
COUNTY : Indian River County
Attn : Keith McCully, P . E .
1801 27th Street
Vero Beach , FL 32960
Fax : 778- 9391
CONSULTANT : G . K . Environmental , Inc .
Attn : George R . Kulczycki
155 McKee Lane
Vero Beach , FL 32960
Fax : 567= 6245
Notices shall be effective when received at the address as specified above .
Facsimile transmission is acceptable notice effective when received , provided , however ,
that facsimile transmissions received ( i . e . , printed ) after 5 : 00 p . m . or on weekends or
holidays , will be deemed received on the next day that is not a weekend day or a
holiday . The original of the notice must additionally be mailed . Either party may change
its address , for the purposes of this section , by written notice to the other party given in
accordance with the provisions of this section .
10 . 10 Survival . Except as otherwise expressly provided herein , each obligation
in this Agreement to be performed by CONSULTANT shall survive the termination or
expiration of this Agreement .
10 . 11 Construction . The headings of the sections of this Agreement are for the
purpose of convenience only , and shall not be deemed to expand , limit , or modify the
provisions contained in such sections . All pronouns and any variations thereof shall be
deemed to refer to the masculine , feminine or neuter , singular or plural , as the identity
12
FAPublic Works\KeithM\AdministrativeWtaster Agreements for Stormwater Consultants\Master Consultant Contract - G K
ENVIRONMENTAL Master Agreement.doc
of the party or parties may require . The parties hereby acknowledge and agree that
each was properly represented by counsel and this Agreement was negotiated and
drafted at arm 's- length so that the judicial rule of construction to the effect that a legal
document shall be construed against the draftsperson shall be inapplicable to this
Agreement
10 . 12 Counterparts , This Agreement may be executed in one or more
counterparts , each of which shall be deemed to be an original copy and all of which
shall constitute but one and the same instrument .
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of
the date first written above .
(CONSULTANT) (COUNTY) •,.�y tommiSsi�
G . K . Environmental , Inc . Indian River County, Florida ,���:' ' ' '•�F ,
d A.-A
(Pr ident Bob Solari , BCC Chairman
••'°A�'FR COUt �•''+
•bbbbbbb •a ••••
WI nessed by : ( print name below) Date Approved by BCC : 08 / 16 / 11
GfLG /efi'% �
Attest : Jeffrey K . Barton
Clerk of Circui ourt
ez �V////)r
B :
Deputy Clerk
APPROVED
seph A . Baird , County Administrator
pproved as to Form and Legal
ufficiency :
f,�• Alan S . Polackwich , County Attorney
3
FAPublic Works\KeithMWdministrativewaster Agreements for Stormwater Consultants\Master Consultant Contract - G K
ENVIRONMENTAL Master Agreement.doc
G . K. ENVIRONMENTAL , INC .
Environmental Consulting
GEORGE R. KULCZYCKI, CEC, CES, CEI
155 McKee Lane
Vero Beach, FL 32960
Phone 772-567 -9129
Fax 772-567-6245
Email akea,me . com
July 16 , 2011
Mr . Keith McCully , P . E .
Indian River County Stormwater Engineer
1801 27th Street
Vero Beach , Florida 32960- 3388
RE : G . K . Environmental , Inc . / Master Agreement , Hourly Rates , 2011 /2012
Exhibit - 1
Dear Keith ,
Please find attached the requested 2011 /2012 hourly rates for G . K .
Environmental , Inc . They are attached as Exhibit — 1 .
If you have any questions , please do not hesitate to give me a call .
SiWrely
G , President
r .
G . K. ENVIRONMENTAL , INC .
Environmental Consulting
GEORGE R. KULCZYCKI, CEC, CES, CEI
155 McKee Lane
Vero Beach, FL 32960
Phone 772-567-9129
Fax 772-567-6245
Email gkea,me , com
Exhibit I
G , K. Environmental, Inc . Hourly Rates & GKE Subcontractor Hourly Rates
2011 /2012
G . K. Environmental, Inc. Hourly Rates
President, Principal Ecologist. . a a 60 a a a a a * a4a0a4@onto $ 110 . 00 / hour (or lump sum)
Administrative Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35 . 00 / hour or lump sum
GKE boat / fuel / associated sampling equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65 . 00 / hour
(or lump sum)
Phase I Audits / Environmental Site Assessments . . GKE Standard Fee :
(includes historic site reviews / inspections , and evaluations $2 , 875 . 00 (<3 . 0 acre site)
of: hazardous waste , preliminary endangered & threatened
species, and approximate wetland locations)
G . K. Environmental, Inc. Subcontractor Services
Landscape & Maintenance Service . . . . . . . . . . . . . . per bid / event
Archaeological Service . . per bid / event
CADOperator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . $ 70 . 00 per hour
Field Assistant 1 . $ 40 . 00 per hour
Field Assistant I,I Biologist / Chemist . . . $ 75 . 00 per hour