HomeMy WebLinkAbout2013-045 3
Board of County Commissioners
180127th Street a0 � 3 G
Vero Beach, Florida 32960 yS
Telephone : (772) 567=8000 FAX: (772)-778-9391
Professional Services
for
CATTLE DIP SITE
WORK ORDER NO . 6 ( Engineering Division )
for
Continuing Contract Agreement for Professional Services
with
Geosyntec Consultants , Inc .
This Work Order No . 6 is entered into pursuant to the Continuing Contract Agreement for
Professional Services entered into as of November 15, 2011 , by and between Indian River
County Board of County Commissioners ("COUNTY" ) on the same terms as the existing
Agreement, as extended , between the (" COUNTY" ) AND Geosyntec Consultants, Inc. , a
Florida Corporation ("CONSULTANT" ) .
The COUNTY has selected the CONSULTANT to perform the professional services set forth on
Exhibit A, attached to this Work Order No. 6 and made part hereof by this reference . The
professional services will be performed by the CONSULTANT for the fee schedule set forth in
the Exhibit Be attached to this Work Order No . 6 and made a part hereof by this reference . The
CONSULTANT will perform the professional services within the schedule more particularly set
forth in Exhibit Be attached to this Amendment to Work Order No . and made a part hereof by this
reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant
to paragraph 1 . 4 of the Agreement , nothing contained in any Work Order shall conflict with the
terms of the Agreement and terms of the Agreement shall be deemed to be incorporated in
each individual work Order as if fully set forth herein .
COMPENSATION .
The COUNTY agrees to pay, and the CONSULTANT agrees to accept, a fee for services
rendered according to the "Summary of Estimated Costs" identified in the attached Exhibit Be'
Fee Schedule .
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WO No. 6 comi Geosyntec Consultants , Inc.
CATTLE DIP SITE
A Not-to-Exceed Amount of: $20 , 784 . 82 to be paid on a unit price basis for actual work
performed in accordance with the schedule of services and fees set forth in Exhibit A and
Exhibit B .
IN WITNESS HEREOF the parties hereto have executed these presents
This 5th day of March , 2013 .
OWNER GEOSYNTEC CONSULTANTS, INC.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
(Sig re) (Si ure)
Jos E. Flescher, Chairman ickinson , Chief Financial Offiicer
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Approved by BCC 03-05- 13 Witnessed by: t' /� 4 f+M ' r
ATTEST :
Jeffrey R. Smith, Clerk of Circuit Court
and Comptroller n
Deputy Clerk (Printed name)
Appro ed as to F rm a e Su ciency:
Alan S. Polad1w0h Sr. , County Attorney
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SA IBIT A
CONTINUING CONTRACT AGREEMENT
for
PROFESSIONAL SERVICES
THIS CONTINUING CONTRACT AGREEMENT for PROFESSONAL
SERVICE ("Agreement or "Master Agreement") , entered into as of this 154
day of , 2011 by and between INDIAN RIVER COUNTY, a political
subdivision of the State of Florida , ("COUNTY") , and GEOSYNTEC CONSULTANTS ,
("Consultant").
BACKGROUND RECITALS .
A. In accordance with the Consultants' Competitive Negotiations Act, Section
287 . 055 , Florida Statutes, the COUNTY has selected Consultant to provide certain
professional services relating to Public Works , Solid Waste Disposal District ( SWDD) ,
Utilities-Major and Utilities- Minor systems ("Services") as more fully set forth in Exhibit 1
attached to this Agreement and made a part hereof by this reference in connection with
the COUNTY's operation of its Public Works , SWDD , Utilities-Major and Utilities-Minor
Systems ("Project" ).
B . The Consultant is willing and able to perform the Services for the
COUNTY on the terms and conditions set forth below; and
co The COUNTY and the Consultant wish to enter into this Agreement for the
Consultant's Services for the Project.
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 the current professional standards of the applicable discipline.
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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1 . 2 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 Notice
to 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 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 in each individual Work
Order as if fully set forth therein .
1 . 5 A schedule of current hourly billing rates is set forth in Exhibit 2 attached
to this Agreement and made a part hereof by this reference.
1 . 6 It is the intent of the County to enter into Agreements with multiple
qualified engineering firms. No representation or guarantee is made by Indian River
County as to the minimum 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 COUNTY's resolution ,
material inconsistencies or errors in such data that come to the Consultant's attention.
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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 the 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.
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
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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 professional engineering ,
project design , construction phase 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 Is 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 .
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.
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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
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 specked 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 . -
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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 ,
44000000
4. 1 This Agreement shall remain in effect for a term of three (3) years ("Initial
Term") , unless otherwise sooner terminated as provided herein . The Initial Term may
be extended by the COUNTY for a maximum of three (3) years ("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 notto-exceed professional fee for each task in the Work
Order, to be paid in monthly installments or on a deliverable basis, all as - set 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
Manager will authorize payment to be made. All payments for services shall be made to
the Consultant by the COUNTY in accordance with the Local Government Prompt
Payment Act, as may be amended from time to time (Section 218. 70, Florida Statutes ,
et seq . ).
541 . 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.
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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 flees 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-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 an 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, for 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:
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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
$ 100, 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.
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-consultant. 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 Consultant shall comply within thirty (30) days
of receipt thereof. The failure by Consultant to provide such additional coverage shall
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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
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.
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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 consultants. 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 time4o4ime amended .
9 . 2 Pursuant to the Consultants' Competitive Negotiations Act, F . S . section
287 . 055 , 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 .
10. 1 Independent Contractor. it is specifically understood and acknowledged
by the parties hereto that the Consultant or employees or subconsuitants 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
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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 party 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.
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 Noticess 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
11
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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 : Himanshu Mehta , P .E .
180127 1h Street
Vero Beach , FL 32960-3365
Facsimile : ( 772 ) 770-5143
Consultant : Geosyntec Consultants
Attn : Nandra Weeks, P. E .
1601 20th Street
Vero Beach , FL 32960
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
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 .
12
F:WUlitieAUTILiTY - EngineeringTrojects - Utility Construction PermitsURC • Water and Wastewater Continuing Consultant
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i
Consultant: (insert name) INDIAN RIVER COUNTY
6q.<
By its Board of County Commissioners
odV4
l+ b , Q.v7
By ' By ?o Ago4-c
POrr
rinted name: TrhoM #, / Bob Solari, Chairman
Title : S tnhe V tC418qdF ^ `"
Date Approved by BCC :
Date �•.�VJONlhli8s�
o; gtr***% Attest: J . K. Barton Clerk
B
i ' y uty Clerk
q • . . ... . . • •• ''
jzjr4CN% 48bu
seph A .Vilrd
my Administrator
Approved as to form and legal
sufficiency:
Alan olackwich
Coun'trAttomey
13
FAUtilitleMUTILITY - EngineeringW(ojects - Utility Construction PermltsURC - Water and Wastewater Continuing Consultant
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Exhibit 1
List of potential Public Works , SWDD , Utilities-Major and Utilities-Minor project categories:
• Capital Improvement Projects (CIP) .
• Operating and Maintenance Projects (O&M ).
• Miscellaneous General Plant-related and Landfill-related Engineering Services .
• Budgetary and process/operating cost analysis projects.
• Hydraulic & SewerNVater Quality Modeling.
• Permitting and Regulatory Assistance .
• Grant Writing & Funding Analysis .
• Subsurface Solis Exploration in Conjunction with Engineering Design Projects.
• Surveying , Mapping , GIS and GPS Services in Conjunction with Engineering
Design Projects.
• Survey Construction Layout.
Sketch and Legal Descriptions.
• Site Work including Stormwater Design .
Structural , Mechanical , Electrical and Instrumentation Services
• Wastewater and RO Water Design and Distribution
• Capital Estimates
• Environmental Impact Assessments
• Biological Survey
Archaeological Survey
• Solid Waste Class 1 Landfill Design , Construction and Operation Permits ,
Closure Permits.
Solid. Waste Groundwater. Monitoring Permits , . Contamination Assessments,
Biennial Reports, Groundwater Contour Mapping , and Remedial Action Plans .
• Solid Waste Stormwater Management Permits to include any Required Wetlands
Studies or Mitigation Determinations.
Solid Waste Annual Financial Reports
Enhancement Projects (Sidewalks , Landscaping and Irrigation , etc. ).
Roadway Design and Permitting .
• Roadway Intersection Improvement Design and Permitting .
• Traffic Signage and Pavement Marking Design .
• Traffic Signal Design .
• Maintenance of Traffic (MOT) Plans .
• Stormwater Improvement Design and Stormwater Drainage Calculations.
• And other Engineering Tasks as Directed by the Director of Utility Services,
Director of Public Works and Director of Solid Waste.
• Bridge Design .
The work on the foregoing projects may occur at any time within the five (5) year rolling
Capital Improvement Program , including but not limited to the following referenced list:
14
FAUtilitiesWTILITY - EngineeringlProjects - utility construction PermitaMRC . water and Wastewater Continuing Consultant
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• Capital Project List of 2011 (or latest. ) for Utilities, Solid Waste and Public Works
Departments .
• Capital Projects as outlined in the Utility Master Plan prepared by Post, Buckley ,
Shuh and Jernigan (PBS&J ) Inc. dated December 2004 .
• Capital Project as outlined in the Solid Waste Disposal District prepared by Neel
Schafer & Associates ( NS&A) Inc. dated 2007 .
• Water, Wastewater Treatment Facilities , Solid Waste Treatment Facilities , Public
Works Capital Projects , Renewal & Replacement ( R& R) Projects with anticipated
construction costs in excess of two million dollars.
• Water & Wastewater Treatment Facilities Capacity Enhancement Projects with
anticipated construction costs in excess of two million dollars.
• Waster Distribution / Wastewater Collection R&R projects with anticipated
constructions costs in excess of two million dollars.
• And other projects as approved by the Board of County Commissioners.
15
FAUtilltieslUTILITY - EnginseringlProjecls - Utility Construction PermitsURC - Water and Wastewater Continuing Consultant
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Geosyntec Consultants
2011 Hill Rates
Labor Classification 13111 Rate
Clerical $51
Administrative Assistant $84
Technical Word Processor $86
Drafter/CADD Operator/Artist $75
Senior Drafter/Senior CADD Operator $ 121
Designer $ 123
Engineering Technician $59 1
Senior Engineering Technician $76
Field Manager $89
Site Manager $ 102
Field Superintendent $ 106
Staff Professional $90
Senior Staff Professional $ 106
Professional $ 120
Project Professional $ 138
Senior Professional $ 168
Associate $ 191
Principal $202
General
Direct Expenses At Cost
Subcontract Services Cost Plus 7%
Communications Fee 3% of Professional Fees
Specialized Computer Applications $ 15 per hour
Photocopies $0. 12 per page
Effective 1 January 2012 and each year thereafter the bill rates stated
above will be adjusted based on the prior twelve month Consumer Price
Index for all south urban consumers;.
I6 - y
IRC 2011 Races
Geosyntec Consultants
ATTACHMENT A
Table 1
Summary of Estimated Costs
Indian River County
Site Assessment Activities
Labor Direct External
Task Task Description Hours Labor Expenses Expenses Total Cost
1 Preliminary Activities 14.0 $ 19652 . 12 $9.60 $ 19661 . 72
2 Off-Site Access and ROW Notification Packages 14.0 $ 19652 . 12 $9 .60 $ 1 ,661 .72
3 Monitoring Well Installation 14.0 $ 1 ,571 .78 $514 .00 $2,642 .90 $49728 .68
4 Monitoring Well Sampling 12 .0 $ 1 ,347.24 $484.00 $32. 10 $ 1 ,863 .34
-5 Site Assessment Status Report 36.0 $42045 . 84 $231 . 50 $4,277.34
Subtotal 90 $109269. 10 $1448.70 $29675.00 $ 149192.80
Contingency on Task 3 and Task 4 100% $22919.02 $998.00 $2,675 . 00 $6,592.02
TOTAL ESTIMATED COST INCLUDING CONTINGENCY $20,784.82
Notes .
1 . Labor cost includes 3% communications fee applied to labor subtotal.
2. Contingency costs for Task 3 and Task 4 are intended to cover additional monitoring well installation and sampling, as may
be required by FDEP.
3 . No contingency work will be completed without prior IRC approval.
Page 1 of 1
I
EXHIBITS .
Geospte & 6770 South Washington Avenue, Suite 3
Titusville, Mrids32780
consultants PH 32t1696SUO
FAX 321 .269.5813
1 February 2013
Mr. Mike. Nixon
Roadway Production Manager
Engineering Division
Indian River County
180127th Street (Bldg A)
Vero Beach, FL 32960-3388
Subject: Professional Services Proposal
Site Assessment Activities
Former Cattle Dip Site
9255 .93nd Street on County Road 510
Parcel #31392600000002000001.0
Vero Beach, Florida
Dear Mr. Nixon.
Geosyntec Consultants (Geosyntec) is pleased to submit this fee proposal to Indian River County
(IRC) for professional services associated with the completion of additional site assessment
activities at the referenced Former Cattle Dip site. The site assessment activities are based on the
Florida Department of Environmental Protection' s (FDEP) Review of the Site Assessment
Report Addendum No. 2, which recommended supplemental groundwater assessment activities
to delineate the extent of the arsenic groundwater impacts with the submittal of a Site
Assessment Status Report (SASR). The arsenic groundwater impacts must be delineated to the
FDEP Groundwater Cleanup Target Level of 10 micrograms per liter (pg/L). The proposed .
scope of work for the services anticipated to delineate and monitor the arsenic groundwater
impacts has been broken down into five separate tasks as described below.
Task 1 — Preliminary Activities
Task 1 'includes project management for the entire project, as well as all preliminary activities
associated with securing project costs from subcontractors and updating the Site-Specific Health
and Safety Plan to cover the additional assessment activities. , Specific activities include:
• updating the existing OSHA-required, Site-Specific Health and Safety Plan;.
• scheduling a utility locate, acquiring field equipment (pumps, water quality meters,
calibration solutions, sampling containers, etc.), subcontracting; and
XK13013/=13= DOC
engineers I scientists i innovators
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Mr. Mike Nixon
1 February 2013
Page 2
• project planning and management responsibilities, invoice review, project coordination,
andproject administration.
Task 2 — Off--Site Access and Right of Way (ROVA Notification Packages
The two monitoring wells proposed to be installed under Task 3 (below) are located off property
(to the west of the site). One of the monitoring wells is located in a Florida Department of
Transportation (FDOT) ROW, on the south side of State Road 510, and the other monitoring
well is located on the adjacent private property to the west. Obtaining access to install the
monitoring well along the roadway will require preparing and submitting a ROW Notification
! package, which includes a request for a general use permit, to the FDOT (Treasure Coast
Operations). Obtaining access to install the monitoring well located on the adjacent private
property will require IRC to submit an offsite access agreement with the owners of the property
and have it approved prior to installation and sampling activities.
Task 3 — Monitorine Well Installation
Task 3 consists of a single mobilization to the site to install monitoring wells. Geosyntec
proposes to install two monitoring wells using direct push technology (DPT) drilling techniques
at the locations presented in Figure 1 . The monitoring wells will be constructed of 14nch PVC
and will be installed to a maximum depth of 15 feet below land surface (ft BLS) with 10-ft of
0.006-inch slotted screens with a 30/65 pre-packed sand filter. The monitoring wells will be
completed with the 24-inch by 24-inch concrete pad with a 44nch PVC casing that will be
approximately Meet above land surface. Once installed, the monitoring wells will be developed
until visibly free of particulate matter. Geosyntec assumes one day of oversight for the
monitoring well installation and development.
Surveying (location, top-of-casing and ground elevations) of the newly-installed monitoring
wells will be also completed.
Task 4 — Monitoring Well Sampllne
Following installation, the .newly installed monitoring wells will be purged and sampled in
general accordance with FDEP Standard Operating Procedures (SOPs). The collected
groundwater samples will be laboratory analyzed for arsenic by EPA Method 6010. In addition,
water levels will be collected from the newly installed monitoring wells and the existing site
monitoring wells to document the groundwater elevations and flow direction at the site.
The current cost breakdown of the monitoring well installation assumes only two monitoring
wells will be required to document delineation of the arsenic groundwater impacts. An
additional 100% contingency has been added to Task 3 and Task 4 to cover any additional
XR13013=R13W2.D0C
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Mr. Mike Nixon
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Page 3
monitoring well installations and sampling required to achieve arsenic groundwater delineation.
Geosyntec will notify IRC and secure approval for any activities that may require access to
contingency fees. Geosyntec assumes the monitoring well sampling and collection of water
levels can be completed in one day .
Task 5 - Site Assessment Status Report (SASR)
Geosyntec will prepare a SASR as a letter report after completion of the monitoring well
sampling event. It is anticipated that the Letter Report will include :
• brief description of field activities;
• summary tables of the groundwater sampling results and groundwater elevations;
• maps that provide a summary of the groundwater sampling results and provide a
summary of the groundwater elevations; and
+ recommendations.
ASSUMPTIONS
The following assumptions were made in developing this fee proposal.
• All site work can be performed in Level D personal protective equipment.
• Geosyntec will be able to work unimpeded Monday through Friday from 7 am to 7 pm.
•
Geosyntec has assumed that liquids generated during themonitoring well purging and
sampling will be discharged directly onto the ground adjacent to the monitoring well (for
percolation or evaporation).
• Geosyntec assumes that all monitoring well installation activities will be completed
during one mobilization.
SCHEDULE
Geosyntec anticipates that upon approval from IRC, site assessment activities will be initiated
within two weeks. It is anticipated that the monitoring well sampling results will be: available
approximately two weeks after completion of the sampling. The draft SASR will be provided to
IRC within four weeks of completion of field activities.
XR13013/C M13002.DOC
engineers_ 1 scientists I innovators
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Mr. Mike Nixon
1 February 2013
Page 4
ESTIMATED BUDGET
The fee proposal is provided as Attachment A. The estimated budget to complete the work
described in the fee proposal is $14,193, which a contingency budget of $6,592 for a total
estimated amount of $20,785.
CLOSURE
Geosyntec appreciates the opportunity to submit to IRC the attached fee proposal (Attachment
A) for services at the site. Please do not hesitate to contact either of us with any questions you
may have as you review this fee proposal.
Sincerely,
Joseph K. Bartlett 1I1, E.I.
Senior Staff Engineer
Jim Langenbach, P.E.
Principal IF
Figure 1 - Proposed Monitoring Well Locations .
Attachment A - Fee Proposal
XR13013MM13002.DdC
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ATTACHMENT A
Table 1
Summary of Estimated Costs
Indian River County
Site Assessment Activities
or Direct External
Task Task Description Hours Labor Expenses Expenses. Total Cost
1 Preliminary Activities 14A Slv65112 $9.60 $19661 .72
2 OMSite Access and ROW Notification Packages 14.0 $ 1 ,652. 12 $9.60 $ 19661 .72
3 Monitoring Well Installation 14.0 $ 1 ,571 .78 $514.00 $20642.90 $49728.68
4 Monitoring Well Sampling 12.0 $ 1 ,347.24 $484.00 $32. 10 $ 1 ,863.34
5 Site Assessment Status Report 36.0 $42045.$4 $231 .50 $4,277.34
Subtotal 90 $10,269.10 $1,248.70 52,67100 $14,192.80
Contingency on Task 3 and Task 4 1000/0 $29919.02 $998.00 $29675.00 $6,592.02
TOTAL ESTIMATED COST INCLUDING CONTINGENCY $201784.82
1 . Labor cost includes 3% communications fee applied to labor subtotal.
2. Contingency costs for Task 3 and Task 4 are intmded to cover additional monitoring well installation and sampling, as may be required
by FDEP.
3. No ciontingency work will be completed without prior IRC approval.
Page I of 1