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HomeMy WebLinkAbout2013-184 'th ,� � oRECEIVED � . � P SEP 16 2013 INDIAN RIVER COUNTY / 49y PROFESSIONAL ROOF EVALUATION SERVICES FOR THFPCEIIX4Iffi§6NAGEMENT COUNTY ADMINISTRATION COMPLEX ROOF BUILDINGS A AND B CONSULTANT AGREEMENT THIS AGREEMENT, entered into this day of September 2013 between INDIAN RIVER COUNTY, a Political subdivision of the State of Florida, 1801 27th Street, Vero Beach , FL . 32960, hereinafter referred to as the COUNTY, and C . B Goldsmith and Associates 13101 56th Ct . North, Suite 801 , Clearwater Florida 33760, hereinafter referred to as the CONSULTANT. WITNESSETH The COUNTY and the CONSULTANT, in consideration of their mutual covenants, herein agree with respect to the performance of professional architecture; structural , electrical , and mechanical engineering; construction budgeting, contract documents, and related services by the CONSULTANT, and the payment for those services by the COUNTY, as set forth below . This Agreement shall be referred to as the " CONSULTANT AGREEMENT " . The CONSULTANT shall provide professional consultant services including : EVALUATION and RECOMMENDATION STATEMENT , 1 . Original Design. Review the original design documents to understand the intent of the roof systems as designed. This would include the original plans , specifications , addenda, construction phase documents , and any other documents relating to the roof design. 2. Prior Evaluations . Review prior evaluations of the roofs to understand the issues which have been identified to date. Currently, two reports are available: American Roof Technology report submitted February 29, 2008 Architecture Roof Consulting (ARC Associates) dated November 7, 2011 3 . Field Investigation. Conduct an on- site field investigation of both Buildings A and B to evaluate the existing roofs and to identify any material deficiencies in the design or construction of the roof systems . The field investigation shall be thorough and shall include testing, to the extent necessary and approved by the Owner, to support the conclusions reached. 4. Evaluation Statement. Produce an evaluation statement which (a) describes in detail the conditions found during the field investigation, including identification of all material deficiencies , and (b) recommends corrective action which eliminates all material deficiencies , so the Owner will have a watertight roof system, consistent with industry standards and applicable codes , with an expected life of 25 -30 years . Page 1 of 9 C:\Users\Admin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OMS0336W\Agreement with Goldsmith v3.doc 'th ,� � oRECEIVED � . � P SEP 16 2013 INDIAN RIVER COUNTY / 49y PROFESSIONAL ROOF EVALUATION SERVICES FOR THFPCEIIX4Iffi§6NAGEMENT COUNTY ADMINISTRATION COMPLEX ROOF BUILDINGS A AND B CONSULTANT AGREEMENT THIS AGREEMENT, entered into this day of September 2013 between INDIAN RIVER COUNTY, a Political subdivision of the State of Florida, 1801 27th Street, Vero Beach , FL . 32960, hereinafter referred to as the COUNTY, and C . B Goldsmith and Associates 13101 56th Ct . North, Suite 801 , Clearwater Florida 33760, hereinafter referred to as the CONSULTANT. WITNESSETH The COUNTY and the CONSULTANT, in consideration of their mutual covenants, herein agree with respect to the performance of professional architecture; structural , electrical , and mechanical engineering; construction budgeting, contract documents, and related services by the CONSULTANT, and the payment for those services by the COUNTY, as set forth below . This Agreement shall be referred to as the " CONSULTANT AGREEMENT " . The CONSULTANT shall provide professional consultant services including : EVALUATION and RECOMMENDATION STATEMENT , 1 . Original Design. Review the original design documents to understand the intent of the roof systems as designed. This would include the original plans , specifications , addenda, construction phase documents , and any other documents relating to the roof design. 2. Prior Evaluations . Review prior evaluations of the roofs to understand the issues which have been identified to date. Currently, two reports are available: American Roof Technology report submitted February 29, 2008 Architecture Roof Consulting (ARC Associates) dated November 7, 2011 3 . Field Investigation. Conduct an on- site field investigation of both Buildings A and B to evaluate the existing roofs and to identify any material deficiencies in the design or construction of the roof systems . The field investigation shall be thorough and shall include testing, to the extent necessary and approved by the Owner, to support the conclusions reached. 4. Evaluation Statement. Produce an evaluation statement which (a) describes in detail the conditions found during the field investigation, including identification of all material deficiencies , and (b) recommends corrective action which eliminates all material deficiencies , so the Owner will have a watertight roof system, consistent with industry standards and applicable codes , with an expected life of 25 -30 years . Page 1 of 9 C:\Users\Admin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OMS0336W\Agreement with Goldsmith v3.doc SECTION II - GENERAL RESPONSIBILITIES ( 1 ) Review and evaluation services required by the Agreement shall be performed by qualified registered Florida architects, engineers and other design professionals . The contractual obligations of such professional persons or entities are undertaken and performed in the interest of the COUNTY . (2) The agreements between the CONSULTANT and the persons or entities identified in this Agreement, and any subsequent modifications, shall be in writing. These agreements, including financial arrangements with respect to this Project, shall be promptly and fully disclosed to the COUNTY upon request (3 ) If the CONSULTANT believes or is advised by other professionals retained to provide services on the Project that implementation of any instruction received from the COUNTY would cause a violation of any applicable law, the CONSULTANT shall notify the COUNTY in writing . The CONSULTANT shall not be obligated to perform any act which he believes will violate any applicable law. SECTION III - COUNTY OBLIGATIONS The COUNTY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement : County will provide and pay for: • Hard copies of all record, existing conditions, as built drawings, in their possession • Permit drawings from local permitting agencies • Boundary (topographic) surveys when required • CD of scanned drawings • Access to building, roof, interior areas • Additional costs of destructive testing examinations and repair of areas destroyed will be paid for by the County Page 2 of 9 C:\Users\Admin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OMS0336W\Agreement with Goldsmith v3.doc SECTION II - GENERAL RESPONSIBILITIES ( 1 ) Review and evaluation services required by the Agreement shall be performed by qualified registered Florida architects, engineers and other design professionals . The contractual obligations of such professional persons or entities are undertaken and performed in the interest of the COUNTY . (2) The agreements between the CONSULTANT and the persons or entities identified in this Agreement, and any subsequent modifications, shall be in writing. These agreements, including financial arrangements with respect to this Project, shall be promptly and fully disclosed to the COUNTY upon request (3 ) If the CONSULTANT believes or is advised by other professionals retained to provide services on the Project that implementation of any instruction received from the COUNTY would cause a violation of any applicable law, the CONSULTANT shall notify the COUNTY in writing . The CONSULTANT shall not be obligated to perform any act which he believes will violate any applicable law. SECTION III - COUNTY OBLIGATIONS The COUNTY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement : County will provide and pay for: • Hard copies of all record, existing conditions, as built drawings, in their possession • Permit drawings from local permitting agencies • Boundary (topographic) surveys when required • CD of scanned drawings • Access to building, roof, interior areas • Additional costs of destructive testing examinations and repair of areas destroyed will be paid for by the County Page 2 of 9 C:\Users\Admin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OMS0336W\Agreement with Goldsmith v3.doc SECTION IV - COMPLETION The consultant shall provide a written evaluation and recommendation statement of findings for consideration by the Board of County Commissioners . If it is the decision of the Board to proceed with subsequent phases of work, a separate scope of work will be developed and the fee shall be negotiated in good faith between both parties . Subsequent phases shall be approved and agreed through the issuance of a work order for the work and a separate notice to proceed . SECTION V - TIME FOR COMPLETION Time is of the essence the Consultant shall make all efforts to complete the work described as quickly as is possible . Commencement dates shall be established in a "Notice to Proceed " from the COUNTY . SECTION VI — COMPENSATION ( 1 ) Compensation : The COUNTY agrees to pay and the CONSULTANT agrees to accept for services rendered pursuant to this Agreement, fees in accordance with the following : (a) Evaluation — Fee for review and evaluation of existing roof conditions shall be based on the hourly fee schedule (2013 Fee schedule attached) and will be invoiced monthly. Fee for this portion of the work shall not exceed $25 , 000 without written authorization of the County. The fee schedule shall remain in effect for the duration of the project . (b) Reimbursable Expenses : Reimbursable expenses, including prints, copies, mail, Fed- Ex, application fees, etc . shall be paid by the CONSULTANT, and then reimbursed by the COUNTY ; or paid directly by the COUNTY . The reimbursable costs and other costs ( including testing, if any) are a not to exceed amount of $ 15 , 000 . ( 1 ) Payment Schedule (a) The COUNTY shall make monthly partial payments to the CONSULTANT . Payments shall be in proportion to the percentage of work completed for each Phase of work provided, and payments shall also include all reimbursable costs for the billing period . Retainage may be withheld in accordance with " Section IX —Partial Payments" . ( b) The value of each Phase of the CONSULTANTS work and product deliverables shall be in accordance with the phases outlined in Section VI compensation listed above . Page 3 of 9 C:\Users\Admin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OM50336W\Agreement with Goldsmith v3.doc SECTION IV - COMPLETION The consultant shall provide a written evaluation and recommendation statement of findings for consideration by the Board of County Commissioners . If it is the decision of the Board to proceed with subsequent phases of work, a separate scope of work will be developed and the fee shall be negotiated in good faith between both parties . Subsequent phases shall be approved and agreed through the issuance of a work order for the work and a separate notice to proceed . SECTION V - TIME FOR COMPLETION Time is of the essence the Consultant shall make all efforts to complete the work described as quickly as is possible . Commencement dates shall be established in a "Notice to Proceed " from the COUNTY . SECTION VI — COMPENSATION ( 1 ) Compensation : The COUNTY agrees to pay and the CONSULTANT agrees to accept for services rendered pursuant to this Agreement, fees in accordance with the following : (a) Evaluation — Fee for review and evaluation of existing roof conditions shall be based on the hourly fee schedule (2013 Fee schedule attached) and will be invoiced monthly. Fee for this portion of the work shall not exceed $25 , 000 without written authorization of the County. The fee schedule shall remain in effect for the duration of the project . (b) Reimbursable Expenses : Reimbursable expenses, including prints, copies, mail, Fed- Ex, application fees, etc . shall be paid by the CONSULTANT, and then reimbursed by the COUNTY ; or paid directly by the COUNTY . The reimbursable costs and other costs ( including testing, if any) are a not to exceed amount of $ 15 , 000 . ( 1 ) Payment Schedule (a) The COUNTY shall make monthly partial payments to the CONSULTANT . Payments shall be in proportion to the percentage of work completed for each Phase of work provided, and payments shall also include all reimbursable costs for the billing period . Retainage may be withheld in accordance with " Section IX —Partial Payments" . ( b) The value of each Phase of the CONSULTANTS work and product deliverables shall be in accordance with the phases outlined in Section VI compensation listed above . Page 3 of 9 C:\Users\Admin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OM50336W\Agreement with Goldsmith v3.doc (c) The payments shall be due in accordance with F . S . 218 , Local Government Prompt Payment Act. (3 ) Additional Services Fee : The COUNTY agrees to pay for additional services, approved by the COUNTY in writing, that are outside or beyond the scope of services identified above in accordance with the approved hourly rate schedule ("Exhibit B") . See " Section VII — Additional Work" and " Section VIII — Extra Work" . SECTION VII - ADDITIONAL WORK ( 1 ) Compensation for Additional Work shall be at a price to be negotiated between the CONSULTANT and the COUNTY , based on the CONSULTANT' S approved hourly rate schedule (shown in " Exhibit B " of attached proposal ) . SECTION VIII - EXTRA WORK ( 1 ) In the event extra work is necessary by the CONSULTANT due to a change in scope of the project, and upon the issuance of an amendment to this Agreement for said Extra Work by the COUNTY, said Extra Work may commence upon receipt of a separate Notice to Proceed . (2) Compensation for Extra Work shall be at a price to be negotiated in good faith between the CONSULTANT and the COUNTY . SECTION IX - PARTIAL PAYMENTS ( 1 ) The COUNTY shall make monthly partial payments to the CONSULTANT . (2) The CONSULTANT shall submit duly certified invoices to the COUNTY ' S Project Manager. (3 ) Due to the relative short time expected to complete the review, evaluation and report phase of this project no retention shall be held on progress payments . SECTION X — RIGHT OF DECISIONS ( 1 ) All services shall be performed by the CONSULTANT to the satisfaction of the COUNTY ' S Project Manager, 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 Project Manager' 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 . (2) Adjustments of compensation and 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 COUNTY ' S Project Manager. In the event that the CONSULTANT does not concur in the judgment of the COUNTY ' S Project Manager as to any decisions made by him, he shall present his written objections to the County Administrator; and the COUNTY ' S Project Manager and the Page 4 of 9 C:\Users\Admin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OM50336W\Agreement with Goldsmith v3.doc (c) The payments shall be due in accordance with F . S . 218 , Local Government Prompt Payment Act. (3 ) Additional Services Fee : The COUNTY agrees to pay for additional services, approved by the COUNTY in writing, that are outside or beyond the scope of services identified above in accordance with the approved hourly rate schedule ("Exhibit B") . See " Section VII — Additional Work" and " Section VIII — Extra Work" . SECTION VII - ADDITIONAL WORK ( 1 ) Compensation for Additional Work shall be at a price to be negotiated between the CONSULTANT and the COUNTY , based on the CONSULTANT' S approved hourly rate schedule (shown in " Exhibit B " of attached proposal ) . SECTION VIII - EXTRA WORK ( 1 ) In the event extra work is necessary by the CONSULTANT due to a change in scope of the project, and upon the issuance of an amendment to this Agreement for said Extra Work by the COUNTY, said Extra Work may commence upon receipt of a separate Notice to Proceed . (2) Compensation for Extra Work shall be at a price to be negotiated in good faith between the CONSULTANT and the COUNTY . SECTION IX - PARTIAL PAYMENTS ( 1 ) The COUNTY shall make monthly partial payments to the CONSULTANT . (2) The CONSULTANT shall submit duly certified invoices to the COUNTY ' S Project Manager. (3 ) Due to the relative short time expected to complete the review, evaluation and report phase of this project no retention shall be held on progress payments . SECTION X — RIGHT OF DECISIONS ( 1 ) All services shall be performed by the CONSULTANT to the satisfaction of the COUNTY ' S Project Manager, 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 Project Manager' 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 . (2) Adjustments of compensation and 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 COUNTY ' S Project Manager. In the event that the CONSULTANT does not concur in the judgment of the COUNTY ' S Project Manager as to any decisions made by him, he shall present his written objections to the County Administrator; and the COUNTY ' S Project Manager and the Page 4 of 9 C:\Users\Admin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OM50336W\Agreement with Goldsmith v3.doc CONSULTANT shall abide by the decision of the County Administrator of Indian River County, unless the decision is clearly arbitrary or unreasonable . The CONSULTANT may appeal the decision to the Board of County Commissioners . SECTION XI - OWNERSHIP AND REUSE OF DOCUMENTS ( 1 ) Ownership All reports, tracings, plans, specifications, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the COUNTY and shall be made available by the CONSULTANT at any time upon request of the COUNTY . When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the Director of the Public Works Department . (2 ) Reuse of Documents 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 . They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project . Any such utilization or adaptation will entitle the CONSULTANT to further compensation at rates to be agreed upon by the COUNTY -and the CONSULTANT . The CONSULTANT shall not be held liable for any reuse of the documents and shall not be held liable for any modifications made to the documents by others . SECTION XII - NOTICES Any notices, reports or other written communications from the CONSULTANT to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the COUNTY ' S project manger. Any notices, reports or other communications from the COUNTY to the CONSULTANT shall be considered delivered when posted by certified mail to the CONSULTANT at the last address left on file with the COUNTY or delivered in person to said CONSULTANT or his authorized representative . Such in person deliveries shall be evidenced by signed receipts . SECTION XIII - TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon thirty (30 ) 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 or if the COUNTY determines it not in the public interest to continue this Agreement. In the event of any terminations, the CONSULTANT will be paid for all services rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the CONSULTANT as a result of such termination . The CONSULTANT will deliver to the COUNTY all work performed prior to termination of the Agreement . Page 5 of 9 C:\Users\Admin\AppData\Local\Microsoft\Windows\Temporary Internet files\Content.Outlook\OMS0336W\Agreement with Goldsmith v1doc CONSULTANT shall abide by the decision of the County Administrator of Indian River County, unless the decision is clearly arbitrary or unreasonable . The CONSULTANT may appeal the decision to the Board of County Commissioners . SECTION XI - OWNERSHIP AND REUSE OF DOCUMENTS ( 1 ) Ownership All reports, tracings, plans, specifications, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the COUNTY and shall be made available by the CONSULTANT at any time upon request of the COUNTY . When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the Director of the Public Works Department . (2 ) Reuse of Documents 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 . They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project . Any such utilization or adaptation will entitle the CONSULTANT to further compensation at rates to be agreed upon by the COUNTY -and the CONSULTANT . The CONSULTANT shall not be held liable for any reuse of the documents and shall not be held liable for any modifications made to the documents by others . SECTION XII - NOTICES Any notices, reports or other written communications from the CONSULTANT to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the COUNTY ' S project manger. Any notices, reports or other communications from the COUNTY to the CONSULTANT shall be considered delivered when posted by certified mail to the CONSULTANT at the last address left on file with the COUNTY or delivered in person to said CONSULTANT or his authorized representative . Such in person deliveries shall be evidenced by signed receipts . SECTION XIII - TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon thirty (30 ) 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 or if the COUNTY determines it not in the public interest to continue this Agreement. In the event of any terminations, the CONSULTANT will be paid for all services rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the CONSULTANT as a result of such termination . The CONSULTANT will deliver to the COUNTY all work performed prior to termination of the Agreement . Page 5 of 9 C:\Users\Admin\AppData\Local\Microsoft\Windows\Temporary Internet files\Content.Outlook\OMS0336W\Agreement with Goldsmith v1doc SECTION XIV - AUDITS The COUNTY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the work included herein and for a period of one year after final payment is made . SECTION XV - SUBLETTING The CONSULTANT 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 CONSULTANT shall cause the names of the architectural firm or engineering firms, responsible for the major portions of each separate specialty of the work to be inserted on reports or other data . SECTION XVI - WARRANTY The CONSULTANT warrants that he has not employed or retained any company or person other than bona fide employees working solely for the CONSULTANT to solicit or secure this Agreement and that he 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 Agreement. For breach violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability . SECTION XVII - DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of two (2) years after the date of execution thereof or until completion of all project phases as specified by the COUNTY ' S Project Manager, whichever occurs later, or unless otherwise terminated pursuant to Section XIII of this Agreement . Page 6 of 9 C:\Users\Admin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OMS0336W\Agreement with Goldsmith v3.doc SECTION XIV - AUDITS The COUNTY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the work included herein and for a period of one year after final payment is made . SECTION XV - SUBLETTING The CONSULTANT 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 CONSULTANT shall cause the names of the architectural firm or engineering firms, responsible for the major portions of each separate specialty of the work to be inserted on reports or other data . SECTION XVI - WARRANTY The CONSULTANT warrants that he has not employed or retained any company or person other than bona fide employees working solely for the CONSULTANT to solicit or secure this Agreement and that he 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 Agreement. For breach violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability . SECTION XVII - DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of two (2) years after the date of execution thereof or until completion of all project phases as specified by the COUNTY ' S Project Manager, whichever occurs later, or unless otherwise terminated pursuant to Section XIII of this Agreement . Page 6 of 9 C:\Users\Admin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OMS0336W\Agreement with Goldsmith v3.doc SECTION XVIII - INSURANCE AND INDEMNIFICATION During the performance of the work covered by this Agreement, the CONSULTANT shall provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the insurance listed in the Agreement . ( 1 ) CONSULTANT 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 CONSULTANT, his agents, representatives, employees or sub-consultants . The cost of such insurance shall be included in the CONSULTANT' s Basic Compensation . Architects and Engineers under subcontract with the CONSULTANT shall have their own Professional Liability Insurance . (2 ) Minimum Scope of Insurance (a) Worker' s 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 . (b) General Liability $ 1 ,000 , 000 combined single limit per accident for bodily injury and property damage . COUNTY shall be an additional insured . Auto Liability $ 1 , 000,000 combined single limit per accident for bodily injury and property damage for owned and non-owned vehicles . COUNTY shall be an additional insured . (c ) Auto Liability $ 1 , 000,000 combined single limit per accident for bodily injury and property damage for owned and non-owned vehicles . COUNTY shall be an additional insured . (d) Professional Liability Insurance providing coverage for negligent, reckless or intentional acts, errors, or omissions committed or alleged to have been committed by CONSULTANT with a limit of $ 500, 000 per claim/annual aggregate . There shall be no more than $ 15 , 000 deductible per claim amount unless the CONSULTANT provides a Certified Copy of a financial report which has been approved by the County Risk Manager. 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 . (3 ) Any deductibles or self insured retentions greater than $ 15 , 000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the CONSULTANT . (4 ) CONSULTANT' S insurance coverage shall be primary . (5 ) All above insurance policies shall be placed with insurers with a Best's rating of no less than A- V11 . The insurer chosen shall also be licensed to do business in Florida. (6) The insurance policies procured shall be " Claims Made " policies or as generally available on the open insurance market . Page 7 of 9 C:\Users\Admin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OMS0336W\Agreement with Goldsmith v3.doc SECTION XVIII - INSURANCE AND INDEMNIFICATION During the performance of the work covered by this Agreement, the CONSULTANT shall provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the insurance listed in the Agreement . ( 1 ) CONSULTANT 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 CONSULTANT, his agents, representatives, employees or sub-consultants . The cost of such insurance shall be included in the CONSULTANT' s Basic Compensation . Architects and Engineers under subcontract with the CONSULTANT shall have their own Professional Liability Insurance . (2 ) Minimum Scope of Insurance (a) Worker' s 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 . (b) General Liability $ 1 ,000 , 000 combined single limit per accident for bodily injury and property damage . COUNTY shall be an additional insured . Auto Liability $ 1 , 000,000 combined single limit per accident for bodily injury and property damage for owned and non-owned vehicles . COUNTY shall be an additional insured . (c ) Auto Liability $ 1 , 000,000 combined single limit per accident for bodily injury and property damage for owned and non-owned vehicles . COUNTY shall be an additional insured . (d) Professional Liability Insurance providing coverage for negligent, reckless or intentional acts, errors, or omissions committed or alleged to have been committed by CONSULTANT with a limit of $ 500, 000 per claim/annual aggregate . There shall be no more than $ 15 , 000 deductible per claim amount unless the CONSULTANT provides a Certified Copy of a financial report which has been approved by the County Risk Manager. 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 . (3 ) Any deductibles or self insured retentions greater than $ 15 , 000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the CONSULTANT . (4 ) CONSULTANT' S insurance coverage shall be primary . (5 ) All above insurance policies shall be placed with insurers with a Best's rating of no less than A- V11 . The insurer chosen shall also be licensed to do business in Florida. (6) The insurance policies procured shall be " Claims Made " policies or as generally available on the open insurance market . Page 7 of 9 C:\Users\Admin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OMS0336W\Agreement with Goldsmith v3.doc ( 7) The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Agreement. ( 8 ) 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 . (9) CONSULTANT shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub-consultant . All coverages for sub-consultants shall be subject to all of the requirements stated herein . ( 10) CONSULTANT hereby agrees to indemnify Indian River County and Representatives thereof from all claims arising solely from negligent, reckless or intentional acts, errors or omissions of the CONSULTANT or CONSULTANT' S REPRESENTATIVES in the performance of Professional Services under this Agreement and for which CONSULTANT is legally liable . (THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK) Page 8 of 9 C:\Users\Admin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OMS0336W\Agreement with Goldsmith v3 .doc ( 7) The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Agreement. ( 8 ) 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 . (9) CONSULTANT shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub-consultant . All coverages for sub-consultants shall be subject to all of the requirements stated herein . ( 10) CONSULTANT hereby agrees to indemnify Indian River County and Representatives thereof from all claims arising solely from negligent, reckless or intentional acts, errors or omissions of the CONSULTANT or CONSULTANT' S REPRESENTATIVES in the performance of Professional Services under this Agreement and for which CONSULTANT is legally liable . (THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK) Page 8 of 9 C:\Users\Admin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OMS0336W\Agreement with Goldsmith v3 .doc SECTION XIX - ENTIRETY OF AGREEMENT A . 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 . B . 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 . This Agreement, regardless' of where executed, shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF the parties hereto have executed these presents thi4 ?y of , 40 f3 i OWNER: BOARD OF COUNTY COMMSIONERS CO COMPANY NA E : INDIAN RIVER COUNTY, FLORIDA oldsmit nd sociates Jo E . Flescher Chairman Charles Brandt Goldsmith, C tI1 [ s Approved by BCC : September � A o2 � " 'l0 , 9q t> 9 Wit ssed by : d 2 •• y1 3 c � •• T � � r 2 J ATTEST : _ Q, Jeffrey Smith , Clerk of Circuit CW °'?°;q;; Deputy ClerkR/l✓ER Ct, Printed Name Approved as to Form and Legal Sufficiency : County Attorney Approved : Joseph A . Baird, County Administrator A% n Page 9 of 9 C:\Users\Admin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OMS0336W\Agreement with Goldsmith v3.doc SECTION XIX - ENTIRETY OF AGREEMENT A . 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 . B . 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 . This Agreement, regardless' of where executed, shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF the parties hereto have executed these presents thi4 ?y of , 40 f3 i OWNER: BOARD OF COUNTY COMMSIONERS CO COMPANY NA E : INDIAN RIVER COUNTY, FLORIDA oldsmit nd sociates Jo E . Flescher Chairman Charles Brandt Goldsmith, C tI1 [ s Approved by BCC : September � A o2 � " 'l0 , 9q t> 9 Wit ssed by : d 2 •• y1 3 c � •• T � � r 2 J ATTEST : _ Q, Jeffrey Smith , Clerk of Circuit CW °'?°;q;; Deputy ClerkR/l✓ER Ct, Printed Name Approved as to Form and Legal Sufficiency : County Attorney Approved : Joseph A . Baird, County Administrator A% n Page 9 of 9 C:\Users\Admin\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OMS0336W\Agreement with Goldsmith v3.doc Y Member of AIA AMERICAN INSTITUTE OF ARCHITECTS Ce • tocol AND ASSOCWTES. INC. ilii�r#. 13101 - 561" Court North , Suite 801 , Clea , Florida 3370+ 727 WV4W RK BUILDING SCIENCES • ROOFING 3 EX EFOOR EW*15L TPE CONK&IIIIIIM 21n3 FIEF SCI£DtR E PROFESSIONAL SERVICES CHARGES WILL BE MADE AT THE STATED RATES FOR ThtIIE SPE 1r7 By Tk C BELOW LJSTEED PEPSON14EL OR Y ASTM OUTSOURCED PERSONNEL IN SETTING UP AND CLOSE OUT PR CTS. PRC D%.0 1G CONST 4 (7 ION DOCUVE%crS. BCC04G A,' F=�eLD ADMINISTRATION, FIELD OBSERVATION OR TEST*C ARID E=wLjAT�, ANALysis OF Fc'ELD AND LABORATORY DATA, REPORT wRrrf4G . CONFERENCES, CONSULTATIONS, TELEPHONE CALLS OR 07rER SERVICES APPROPRIATE TO THE WORK, INCLUDING ING PREPARATION AND REVIEW OF DOCUMENTS BEFORE TESTIMONY. CHARGES °.NCLUDEINDIRECT, GENERAL AND ADM INISTRATNEOVERHEAD AND ARE ROUNDED UP TO THE NEXT .25 HOUR . OTHER WORK, INCLUDING , BUT NOT LIMITED TO, FIELD OBSERVATION MAY BE PERFORMED BY OTHER TECHNICAL PERSONNEL AND BILLED AT SCHEDULED PERSONNEL RATES, ALL CHARGES ARE ON A PORTAL-TO-PORTAL BASIS , WITH MINIMUMS OF HALF OR FULL DAYS , A. FIRM PRINCIPALS/PER HOUR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 175.00' B . ARCHITECTS/ENGINEERS/PER HOUR . . . . . . . . . . . . . . . . . . . . . . . . 1 1 1 . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150.00" C. SENIOR CONSULTANTS/ASSOCIATES/PER HOUR . . . . . . . . . . . . . . . 1 1 1 . 0 4 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125.00'` D . SENIOR PROJECT MANAGERS/PER HOUR . . . . . . . . . . . . . . . . . . . . . . . . . . 1111 . . - . . . . . . . . . . . . . . . . . . . $ 125.00 E . ESTIMATOR . . . . . . . . . . . . . . . . . . . . . . . . . . . $125.00 F . PROJECT MANAGER/PER HOUR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100.00 G . FIELD OBSERVATION/PER HOUR (UNLESS PERFORMED BY OTHER TECHNICAL PERSONNEL) . . . . . . . . . . . . . . . . $ 125. 00 H . STAFF TECHNICIAN OR PROFESSIONAL ADMINISTRATIVE PERSONNEL PERFORMING TECHNICAL TASKS/PER HR . . . $75.00 I . ARCHITECTURAL INTERN ( MASTERS LEVEL) , p I I I I I I 1 1 6 4 4 1 1 1 1 1 0 0 & . I I & I I 1 $75 - $ 100.00 J . DRAFTING/PER HOUR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 1 1 1 . . . . . . . . . . . . . . . . $75.00 K. ACCOUNTING/PER HOUR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100. 00 L. CLERICAUPER HOUR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65.00 REIMBURSABLE EXPENSES A AUTOMOTIVE TRAVELIPER MILE (SUBJECT TO CHANGE IN FUEL COSTS . . . . . . . . . . . . . . . . . . . . 6 0 1 . 1 . . 1 4 1 1 $ 0.65 B . DIRECT NON-SALARY EXPENSES INCURRED, IDENTIFIABLE AND NOT APPLICABLE TO GENERAL OVERHEAD, SUCH AS COMPUTER CHARGES, SHIPPING CHARGES, PHOTOGRAPHS , LONG DISTANCE TELEPHONE , AUTOMOBILE TRAVEL, COPYING AND PRINTING ARE TO BE REIMBURSED BY CLIENT AS THEY BECOME AVAILABLE OR AFTER WE HAVE RECEIVED BILLING FROM VENDORS , PLUS AN OVERHEAD CHARGE OF 1 .25% . C . TIME SPENT IN PORTAL-TO-PORTAL TRAVEL IN THE INTEREST OF, OR FOR THE PROJECT OR FOR TESTIMONY, WILL BE CHARGED AT THE ABOVE HOURLY RATES, D EQUIPMENT RENTAL, IF REQUIRED , CHARGED AT THE COST PLUS A 1 .25% SERVICE CHARGE. E . OUT-OF-TOWN TRAVEL AND SUBSISTENCE EXPENSES, TEST CUTS AND REPAIRS, LABORATORY INSPECTION TESTS AND REPORTS , LABORATORY PERSONNEL OR PRINCIPALS, SPECIALIZED CONSULTANTS ARE REIMBURSABLE AT COSTS PLUS AN OVERHEAD CHARGE OF 1 .25% . F . THIS SCHEDULE IS SUBJECT TO CHANGE IN JANUARY OF EACH YEAR . " FEESFORDEPOSITIONS, MEDIATIONS, ARBITRATIONS, HEARINGS, BUILDING DEPARTMENTMEETINGSAND COURT TESTIMONYARE INVOICED AT $300, 00/HOUR, WITH MINIMUMS OF HALF OR FULL DAYS AND WILL REQUIRE A RETAINER BASED ON THE ESTIMATED TIME PAYABLE BEFORE TESTIMONY. RETAINER PAYMENTS WILL BE CREDITED TO OUR FINAL BILLING, WHICH KOIL.L INCLUDE COSTS TO REPRODUCE DOCUMENTS WHEN REQUIRED, wwwommmi Y Member of AIA AMERICAN INSTITUTE OF ARCHITECTS Ce • tocol AND ASSOCWTES. INC. ilii�r#. 13101 - 561" Court North , Suite 801 , Clea , Florida 3370+ 727 WV4W RK BUILDING SCIENCES • ROOFING 3 EX EFOOR EW*15L TPE CONK&IIIIIIM 21n3 FIEF SCI£DtR E PROFESSIONAL SERVICES CHARGES WILL BE MADE AT THE STATED RATES FOR ThtIIE SPE 1r7 By Tk C BELOW LJSTEED PEPSON14EL OR Y ASTM OUTSOURCED PERSONNEL IN SETTING UP AND CLOSE OUT PR CTS. PRC D%.0 1G CONST 4 (7 ION DOCUVE%crS. BCC04G A,' F=�eLD ADMINISTRATION, FIELD OBSERVATION OR TEST*C ARID E=wLjAT�, ANALysis OF Fc'ELD AND LABORATORY DATA, REPORT wRrrf4G . CONFERENCES, CONSULTATIONS, TELEPHONE CALLS OR 07rER SERVICES APPROPRIATE TO THE WORK, INCLUDING ING PREPARATION AND REVIEW OF DOCUMENTS BEFORE TESTIMONY. CHARGES °.NCLUDEINDIRECT, GENERAL AND ADM INISTRATNEOVERHEAD AND ARE ROUNDED UP TO THE NEXT .25 HOUR . OTHER WORK, INCLUDING , BUT NOT LIMITED TO, FIELD OBSERVATION MAY BE PERFORMED BY OTHER TECHNICAL PERSONNEL AND BILLED AT SCHEDULED PERSONNEL RATES, ALL CHARGES ARE ON A PORTAL-TO-PORTAL BASIS , WITH MINIMUMS OF HALF OR FULL DAYS , A. FIRM PRINCIPALS/PER HOUR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 175.00' B . ARCHITECTS/ENGINEERS/PER HOUR . . . . . . . . . . . . . . . . . . . . . . . . 1 1 1 . 1 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150.00" C. SENIOR CONSULTANTS/ASSOCIATES/PER HOUR . . . . . . . . . . . . . . . 1 1 1 . 0 4 . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125.00'` D . SENIOR PROJECT MANAGERS/PER HOUR . . . . . . . . . . . . . . . . . . . . . . . . . . 1111 . . - . . . . . . . . . . . . . . . . . . . $ 125.00 E . ESTIMATOR . . . . . . . . . . . . . . . . . . . . . . . . . . . $125.00 F . PROJECT MANAGER/PER HOUR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100.00 G . FIELD OBSERVATION/PER HOUR (UNLESS PERFORMED BY OTHER TECHNICAL PERSONNEL) . . . . . . . . . . . . . . . . $ 125. 00 H . STAFF TECHNICIAN OR PROFESSIONAL ADMINISTRATIVE PERSONNEL PERFORMING TECHNICAL TASKS/PER HR . . . $75.00 I . ARCHITECTURAL INTERN ( MASTERS LEVEL) , p I I I I I I 1 1 6 4 4 1 1 1 1 1 0 0 & . I I & I I 1 $75 - $ 100.00 J . DRAFTING/PER HOUR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 1 1 1 . . . . . . . . . . . . . . . . $75.00 K. ACCOUNTING/PER HOUR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100. 00 L. CLERICAUPER HOUR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65.00 REIMBURSABLE EXPENSES A AUTOMOTIVE TRAVELIPER MILE (SUBJECT TO CHANGE IN FUEL COSTS . . . . . . . . . . . . . . . . . . . . 6 0 1 . 1 . . 1 4 1 1 $ 0.65 B . DIRECT NON-SALARY EXPENSES INCURRED, IDENTIFIABLE AND NOT APPLICABLE TO GENERAL OVERHEAD, SUCH AS COMPUTER CHARGES, SHIPPING CHARGES, PHOTOGRAPHS , LONG DISTANCE TELEPHONE , AUTOMOBILE TRAVEL, COPYING AND PRINTING ARE TO BE REIMBURSED BY CLIENT AS THEY BECOME AVAILABLE OR AFTER WE HAVE RECEIVED BILLING FROM VENDORS , PLUS AN OVERHEAD CHARGE OF 1 .25% . C . TIME SPENT IN PORTAL-TO-PORTAL TRAVEL IN THE INTEREST OF, OR FOR THE PROJECT OR FOR TESTIMONY, WILL BE CHARGED AT THE ABOVE HOURLY RATES, D EQUIPMENT RENTAL, IF REQUIRED , CHARGED AT THE COST PLUS A 1 .25% SERVICE CHARGE. E . OUT-OF-TOWN TRAVEL AND SUBSISTENCE EXPENSES, TEST CUTS AND REPAIRS, LABORATORY INSPECTION TESTS AND REPORTS , LABORATORY PERSONNEL OR PRINCIPALS, SPECIALIZED CONSULTANTS ARE REIMBURSABLE AT COSTS PLUS AN OVERHEAD CHARGE OF 1 .25% . F . THIS SCHEDULE IS SUBJECT TO CHANGE IN JANUARY OF EACH YEAR . " FEESFORDEPOSITIONS, MEDIATIONS, ARBITRATIONS, HEARINGS, BUILDING DEPARTMENTMEETINGSAND COURT TESTIMONYARE INVOICED AT $300, 00/HOUR, WITH MINIMUMS OF HALF OR FULL DAYS AND WILL REQUIRE A RETAINER BASED ON THE ESTIMATED TIME PAYABLE BEFORE TESTIMONY. RETAINER PAYMENTS WILL BE CREDITED TO OUR FINAL BILLING, WHICH KOIL.L INCLUDE COSTS TO REPRODUCE DOCUMENTS WHEN REQUIRED, wwwommmi