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HomeMy WebLinkAbout2014-086A06/,7/o,q CONTRACT FOR SITE ANALYSIS AND BUILDING ANALYSIS a0 H • O 2S A This CONTRACT for Site Analysis and Building Analysis entered into by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960-3365 (hereinafter "Indian River County" or "County"), and PIERCE, GOODWIN, ALEXANDER & LINVILLE, INC., a Texas corporation authorized to conduct business in the State of Florida, 791 Park of Commerce Boulevard, Suite 400, Boca Raton, FL 33487 (hereinafter `Consultant"); WITNESSETH: WHEREAS, Indian River County desires to engage Consultant to perform two studies, a site analysis and building analysis, of the Indian River Courthouse located in Vero Beach, Florida; and, WHEREAS, Indian River County finds that the proposed Scope of Services (Exhibit A) and terms of this Contract are acceptable; and, WHEREAS, Consultant desires to provide said services and agrees to do so for the compensation and upon the terms and conditions as hereinafter set forth. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Employment of Consultant. Indian River County hereby engages Consultant and Consultant hereby agrees to perform the professional services hereinafter set forth. The intent of this Contract is to set out the general terms by which the Scope of Services (Exhibit A) is agreed to. 2. Scope of Services. Consultant shall perform, in a professional manner, the services set forth in Attachments to this Contract (Exhibit A — Scope of Services) which outline the scope of services and fee. 3. Extra Services. Consultant shall provide extra services, not specifically called for in the Scope of Services (Exhibit A), only upon written authorization from Indian River County. 4. Time of Performance. Consultant will commence work on or as soon as practicable after the date of execution of this Contract and all work as set forth in the Scope of Services (Exhibit A) shall be completed within 120 days after the execution of this Contract, assuming the timely submission of all required data. If Indian River County requests modifications to the Scope of Services (Exhibit A), the time of performance of Consultant shall be adjusted appropriately M:IGENERALIProperties1CourthouselPGAL Contractdoc 1 Consultant's services under this Contract shall be considered complete at the date when the submissions for those phases have been accepted by Indian River County. 5. Reports. Consultant shall prepare and submit to Indian River County reports as called for in the Scope of Services (Exhibit A), attached hereto. 6. Compensation. Consultant agrees to perform the services provided for in the Scope of Services (Exhibit A) and Indian River County agrees to compensate Consultant for such services as set forth in the Scope of Services (Exhibit A). Payment to Consultant will be made in accordance with the Florida Prompt Payment Act, Florida Statutes 218.70 et seq. 7. Personnel. Consultant represents that it has, or will secure at its own expense all personnel required to perform the services under this Contract and that such personnel will be fully qualified to perform such services. 8. Responsibilities of Indian River County. It is agreed that Indian River County will have the following responsibilities under this Contract: a. The providing of all available information, data, reports, records, and maps to which Indian River County has access and which are needed by Consultant for the performance of the services provided for herein. b. Providing assistance and cooperation for Consultant in obtaining any other needed material that Indian River County does not have in its possession to complete the Scope of Services (Exhibit A). c. The designation of a single representative who will be authorized to make necessary decisions required on behalf of Indian River County and will serve to provide the necessary direction and coordination for the project. All such responsibilities shall be conducted in a timely manner and without undue delay so as not to delay Consultant in the performance of its services. 9. Delays Beyond the Control of Consultant. It is agreed that events that are beyond the control of Consultant or Indian River County may occur which may delay the performance of the Scope of Services (Exhibit A). In the event that the performance of the Scope of Services (Exhibit A) by Consultant is delayed beyond its control, Consultant shall notify Indian River County of such delay and the reasons therefore, and Indian River County may, at its discretion, extend the time of performance appropriately. M:\GENERAL\ProperneslCourthouse\PGAL Contractdoc 2 10. Dispute Resolution. The parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this Contract promptly by negotiation between appropriate parties who have authority to settle the controversy. The disputing party shall give the other party written notice of the dispute. Within ten (10) days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include: a. a statement of each party's position and a summary of the evidence and arguments supporting its position, and b. the name and title of the designated representative who will represent that ply The executive shall meet at a mutually acceptable time and place within twenty (20) days of the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. If the controversy or claim has not been resolved within thirty (30) days of the meeting of the appropriate parties, the parties shall endeavor to settle the dispute by standard mediation practices under Florida law. This Contract and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. 11. Changes. Indian River County or Consultant may, from time to time, request modifications or changes in the Scope of Services (Exhibit A). Such changes, including any increase or decrease in the amount of Consultant s compensation, which are mutually agreed upon by and between Indian River County and Consultant, shall be incorporated in written amendments. 12. Termination of Contract. This Contract may be terminated by either Indian River County or Consultant with fourteen (14) days written notice. In the event of such termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models photographs, and reports prepared by Consultant shall, at the option of Indian River County become Indian River County's property. Consultant shall be entitled to receive just and equitable compensation for work accomplished prior to the termination. 13. Assignability. This Contract shall not be assigned or transferred by either Consultant or Indian River County without the prior written consent of the other. 14. Standard of Care and Insurance. Consultant shall perform services for Indian River County in a professional manner, using that degree of care and skill ordinarily exercised by consultants practicing in the same or similar locality as the project. M:IGENERALIPropertieslCourthouselPGAL Contractdoc 3 Indian River County acknowledges that Consultant is a corporation and agrees that any claim made by Indian River County arising out of any act or omission of any director, officer or employee of Consultant in the execution or performance of this Contract shall be made against Consultant and not against such director, officer, or employee. Consultant will maintain the following minimum limits of insurance during the term of this Contract and shall provide evidence of said coverage being in effect by providing the County with a Certificate of Insurance listing Indian River County as an additional insured: a. General Liability — Combined Single Limit $1,000,000. Coverage shall include contractual liability, products and completed operations, independent contractors, broad form general liability extensions, and per contract aggregate. b. Automobile Liability — Combined Single Limit $1,000,000 c. Worker's Compensation Statutory — as required by the State of Florida Each Accident $100,000 Each Disease — Each Employee $100,000 Each Disease — Policy Limit $500,000 d. Professional Liability insurance on an occurrence or claims made basis with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate combined single limit. This policy shall cover Consultant, all employees, and/or volunteers and all independent contractors, subcontractors and professional contractual persons hired or retained by Consultant. e. There shall be no more than $5,000 deductible per claim amount unless approved by the County Risk Manager Any deductibles or self-insured retentions greater than $5 000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the Consultant. f. Consultant insurance coverage shall be primary. g. All above insurance policies shall be placed with insurers with a Best's rating of no less than A- VII. The insurer chosen shall also be licensed to do business in Florida. h. 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. 15. Payments. Indian River County will make payments to Consultant not to exceed $13,000 as stated in the Scope of Services (Exhibit A). Consultant will not exceed this amount without prior written authorization from Indian River County. M.: (GENERAL .Properties (Courthouse \PGAL Contract. doc 4 16. Consultant acknowledges that Indian River County is a governmental entity, and the contract validity is based upon the availability of public funding under its authority In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Contract, then this Contract shall automatically expire without penalty to County after written notice to Consultant of the unavailability and non -appropriation of public funds. It is expressly agreed that County shall not activate this non -appropriation provision for its convenience or to circumvent the requirements of this Contract, but only as an emergency fiscal measure. 17. Liability and Indemnification. Indian River County shall in no way be liable or responsible for any accident or damage that may occur in conjunction with any of the studies described in this Contract. Consultant shall defend, hold harmless and indemnify Indian River County with respect to any and all actions, causes of action, liabilities, losses, damages or expenses (including reasonable attorneys' fees) arising out of or relating to any negligence, intentional misconduct, breach of this Contract or breach of applicable law by Consultant in conjunction with any of the studies described in this Contract. This section 17 shall survive the termination of this Contract with respect to any acts or omissions occurring prior to the date of termination. 18. Public Records Compliance. a. Indian River County is a public agency subject to Chapter 119, Florida Statutes. Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Consultant upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. M:IGENERALIProperdeslCourthouselPGAL Contract.doc 5 b. Failure of the Consultant to comply with these requirements shall be a material breach of this Contract. IN WITNESS WHEREOF, Consultant and Indian River County have executed this Contract as of the date written below and under the laws of the State of Florida. ATTEST: Jeffrey R Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS By and Comptro • r Depu erk Approved as to Form and Legal Sufficiency* Dylan Reingold, County Attorney INDIAN RIVER COUNTY, FLORIDA B oseph'A. Baird, County dministrc01RS *••.,+ ,G.•• BCC approved: June 17, 2014 Signed, sealed and delivered in the presence of: PIERCE, GOODWIN, ALEXANDER & (Witnesses as to Consultant) LINVILLE, INC. Print Print Name: �NL�EI f�- 6ZUThYL . (Corporate seal is acceptable in place of witnesses) M: GENERAL(Properties\CourthouselPGAL Contractdoc By: 0a-- Print Name• A. taEST1.g42--- Its: ?R-ANUPAL. June 10, 2014 Mr. Christopher R. Mora, P.E. Public Works Director Indian River County 1801 27`" Street Vero Beach, FL 32960 cmoraiircgov, corn XHI3IT "A': Re: Indian River County Courthouse Courtroom Addition / Office Renovations Professional Services Proposal Dear Mr. Mora: PC1I PGAL is pleased to submit the following proposal to provide professional Architectural and Engineering services for the above -referenced project. We appreciate your consideration and look forward to working with you on this important assignment. PROJECT SCOPE We understand the project is to consist of two separate studies for the Indian River County Courthouse located in Vero Beach, Florida. PGAL's proposal Is based on information provided in our telephone conference on May 23, 2014 and as noted on the attached plans. The project is to include a site analysis and building analysis for the possible relocation of the Public Defender off-site BASIC SCOPE OF SERVICES The Basic Services Scope includes an architectural, site analysis of existing property located to the southwest of the Courthouse for possiole location of new building for Public Defender or future space. In addition, a study will be performed of the existing building/site to the north of the existing Courthouse for possible location of the Public Defender's office. BASIC SERVICES COMPENSATION The fixed fee for the above Basic Services shall be. $93,000 allocated to each task as follows: Site Analysis Building Analysis TOTAL $7,000 $6,000 $13,000 The following reimbursable expenses are in addition to Basic Services. 1. Expense of reproductions for submittal to agencies having jurisdiction over the project or for Owner review and approval 2. Expense of courier or overnight delivery. 3. Expense of travel to and from the project site. 4. Other expenses only as authorized in advance by the Owner. 1 791 Park of Commerce Blvd. Suite 400 Boca Raton. FL 33487 [P] 561 988 4002 IF) 561 988 3002 AA 0003337 900008240 J L 0) 75 All reimbursable expenses shall be billed at cost plus 10%. Payment to PGAL is due thirty (30) days after receipt of mvoice and is delinquent beyond that time, when an additional charge of 1% per month, simple interest will be added. ADDITIONAL SERVICES The following items, if required, are not included in Basic Services and can be provided by engineers, consultants or vendors directly to Indian River County or provided by PGAL: 1. Structural Engineering 2. MEP Engineering 3, Civil Engineering 4. Landscape & irrigation 5: Roof Analysis B. Traffic Analysis and/or Studies 7. Topographical, Tree and Underground Surveys 8. Geotechnical Engineering 9. Environmental Assessment Any of the above items and/or any other requested extras can be added to Basic Services at a mutually agreed upon fixed fee or can be invoiced as Additional Services. All Additional Services will be based on current standard billing rates as shown below. All billing rates are subject to annual escalation as of calendar year end. Principal $200 Project Manager $195 Project Designer / Project Architect $185 Assistant Architect $110 Interior Designer $150 Technical/CADD Drafting $ 85 Administrative $ 80 Authorized additional services of consultants shall be itemized and billed at cost plus 10%. Thank you for the opportunity to provide this proposal to you. If the terms of this agreement meet with your approval, please sign and return one copy of this letter as authorization to proceed. If you would like to incorporate this letter proposal into a Standard AIA Agreement or a Standard County Agreement, or if further refinement is required, please let us know so that we may discuss it with you. We look forward to working with you and Indian River County again. Sincerely, Ian A. Nestler, AIA, LEED AP Principal IAN:js Attachment — Exhibit 1 This AGREED AND ACCEPTED of 2014 By: Title: 2 76