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HomeMy WebLinkAbout2015-074by-i4-ao 15 aoI5 ()IL! INDIAN RIVER COUNTY GO -LINE TRANSFER HUB PROFESSIONAL CIVIL ENGINEERING AND ARCHITECTURAL SERVICES CONSULTANT CONTRACT THIS CONTRACT, entered into thisl4thday ofApril , 2015 between INDIAN RIVER COUNTY, a Political subdivision of the State of Florida, 1800 27th Street, Vero Beach, FL. 32960, hereinafter referred to as the COUNTY. and Schulke. Bittle and Stoddard, LLC, 1717 Indian River Blvd, Suite 20I, Vero Beach, FL 32960. 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 civil engineering; surveying; architecture; structural. electrical, and mechanical engineering; construction budgeting, contract procurement services. 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 CONTRACT". The CONSULTANT shall provide professional consultant services including: civil engineering; surveying; architecture; structural, electrical, and mechanical engineering; construction budgeting, contract procurement services and related services to the COUNTY for those phases of the project described below as the new INDIAN RIVER COUNTY GO -LINE TRANSFER HUB, located at 1235 161h Street, and the consultant shall serve as the COUNTY's professional representative for the project as set forth herein, and any related or similar project as the COUNTY may deem necessary; and shall give professional civil engineering; surveying; architecture; structural, electrical, and mechanical engineering; construction budgeting, and related advice to the COUNTY during the performance of the services to be rendered. SECTION I - PROJECT LIMITS AND DESCRIPTION The project limits shall include the City owned tract of land, located on the south side of 16`h Street, which occupies approximately 1.6 acres, and lies adjacent to and west of the FEC Railroad. Consultant services are required for the preparation of site and building construction plans, including surveying, civil engineering, architectural design, structural engineering, mechanical and electrical engineering, preparation of working drawings, contract documents, an updated opinion of probable cost, field inspections and reports, and related construction administration services for the construction of site and building improvements necessary for the development of 1 the main Indian River County / Senior Resource Association Go -Line Transfer Hub. The improvements will include: • 2200 to 2800+/-sf enclosed and open air building to provide shelter, bathrooms, and storage. • (8) Bus / transit vehicle pick up / parking spaces. • Paved and secured parking for clients and operators. • To be included in the design and bid as an alternate, a 4600 sf covered shelter (12' x 383' over walkway/pick up area). Basic services required of the CONSULTANT are described in Section IV Scope of Services. SECTION II - GENERAL RESPONSIBILITIES A. Design 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 CONSULTANT. B 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 C. If the CONSULTANT believes or is advised by other design 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. D. Public Records Compliance. Indian River County is a public agency subject to Chapter 1 19. Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor 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 Contractor upon termination of the Agreement 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. 2 SECTION I11- 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: A. Provide the CONSULTANT with all available drawings, and other documents in the possession of the COUNTY pertinent to the project. B. The COUNTY shall be responsible for acquiring all right-of-ways. easements and other rights in land as necessary to complete the project. C. The COUNTY shall be responsible for obtaining those permits required to perform the work to complete the project only if such permit requirements are established by regulatory agencies after the date of this Agreement. D. The COUNTY shall make provisions for the CONSULTANT to enter upon public or private property as required for the CONSULTANT to perform his services. E. The COUNTY will promptly execute all permit applications prepared by CONSULTANT that are necessary to expedite the acquisition of any local, state or federal permits made necessary by the project. F. The COUNTY designates Chris Mora, P.E., Public Works Director, or his designee, as Project Manager for the Project. G. The COUNTY shall provide any necessary phase 1/11 environmental audits of the site. H. The COUNTY shall attend meetings with agencies having jurisdiction and approval authority for this project, when requested by CONSULTANT. I. The COUNTY shall select final colors for the interior and exterior finishes selected by the CONSULTANT. J. The COUNTY shall obtain the As -Built drawings from the General Contractor awarded the project. The project contract documents will be prepared to specify this requirement. SECTION IV - SCOPE OF SERVICES The CONSULTANT agrees to perform professional services in connection with the project as required and as set forth in the following: A. GENERAL I. The CONSULTANT will provide professional engineering and architectural Consultant services for the preparation of site and building construction plans, including surveying, civil engineering, architectural design, structural engineering, mechanical and electrical engineering, preparation of working drawings, contract documents, an updated opinion of probable cost at the end of the Consultant Development Phase, field inspections and reports, and related construction administration services, for the construction of site and building improvements necessary for the development of administration, operation. 3 maintenance and storage facilities for the IRC Transfer Hub (Indian River County SRA Transfer Hub). 2. The CONSULTANT shall prepare all building architectural and building engineering system designs, including structural, mechanical, and electrical systems. 3. The CONSULTANT shall prepare all site structure designs, including but not limited to, flag pole foundation, dumpster enclosure, grade level walkways, curbing, wheel stops, bollards, culverts, transformer pad, headwalls, and monument signage. All site structures shall comply with the wind pressure requirements in 2014 Florida Building Code for high velocity wind zones. 4. The CONSULTANT will provide a site plan conforming to 2014 Florida Building Code accessibility requirements including building location, and accessible route to all buildings and required entries and exits, sidewalks, accessible route to public R.O.W., parking, vehicular use areas, curb cuts, driveways, circulation, site lighting, light pole locations, selected fixture manufacturer's photometric site overlay, utility and drainage facilities, site data and site calculations. The format for this documentation will be AUTO CAD 2012 or later, and shall clearly show the area for placement of the buildings/improvements required in the program data. 5. The CONSULTANT'S preliminary planning and programming efforts for the Indian River County SRA Transfer Hub should take into account the following: A. A masonry building with wood or light gauge steel truss roof system and metal roof providing bathrooms, small office, storage, vending machine area, and generally shelter for the clients and operators of the Indian River County GoLine Transfer Hub. It shall be approximately 2200 to 2800+/- sf, of which 1000+/- sf will be enclosed or partially enclosed space and 1200 to 1800+/- sf will be open/roof covered space. B. A steel post and beam with metal roof (to match primary building) 4600 sf rectangular gable shelter (12' x 383') for clients and operators adjacent to bus transfer/pick up locations and over pedestrian walkways — providing a continuous shelter from the pick-up locations to the primary building. C. Safe and adequate access, circulation and parking areas for the transit system vehicles. D. Adequate seating beneath sheltered areas for the clients of the transit system. E. Adequate parking area for clients and operators of the transit system. F. Green and sustainable strategy planning. Indian River County has adopted policy no. AM -1101.1, which requires that all buildings commenced after July 1, 2008 shall comply with the requirements of s. 255.2575 Florida Statutes, under the auspices of the Florida Green Building Coalition, Inc. The statute requires that the building must comply with one of several nationally recognized, high performance green building rating systems, of which, the Florida Green Building Coalition, Inc. system is one of the approved systems. 4 The CONSULTANT shall provide a Designated Professional (LEED AP) and a Designated Commissioning Agent (Professional engineer; mechanical or electrical) to assist and coordinate the FGBC certification process. 6. The CONSULTANT'S planning efforts for the Indian River County SRA Transfer Hub should take into account the following. A. Improvement locations to be mutually agreed upon by COUNTY staff and Design Build Team B. Exterior and interior finishes. C. Construction Costs D. IRC requirements for Operation and use — space allocation E. Location of adjacent IRC or City owned sites, and the existing facilities, structures, utilities and stormwater systems, and capacity of existing utility and stormwater management systems. F. Local and state Stormwater regulations and requirements. G. Views H. Prevailing. winds 1. Separation from vehicular spaces, separation from adjacent residential districts J. Flood zones, Wind Resistance, Building Codes, and life safety issues K. Sustainable Green design standards. 7. The CONSULTANT will endeavor not to duplicate any previous work done on the project. After written authorization to proceed, the CONSULTANT shall consult with the COUNTY staff to clarify and define the COUNTY'S requirements for the project and review all available data, after which. a meeting with the CONSULTANT and County will be held. 8. The CONSULTANT will attend conferences with the COUNTY and its representatives upon the request of COUNTY. 9. In order to accomplish the work described under this Agreement in the time frames set forth in this Agreement, the CONSULTANT will maintain an adequate staff of registered Architects. Engineers, draftsmen. and other employees and consultants on the work at all times. 10. By executing this Contract, the CONSULTANT represents to the COUNTY that the CONSULTANT is professionally qualified to act as the engineer for the project and is licensed to practice engineering by all public entities having jurisdiction over the CONSULTANT and the project. The CONSULTANT further represents to the COUNTY that the CONSULTANT will maintain all necessary licenses, permits or other authorizations necessary to act as engineer for the Project until CONSULTANT'S remaining duties, hereunder have been satisfied. The CONSULTANT assumes full responsibility to the COUNTY for the improper acts and omissions of its consultants or others employed or retained by the CONSULTANT in connection with the Project. 5 11. The professional services are to be provided in accordance with generally accepted professional engineering and architectural practices. 12. The Consultant will be responsible for scheduling the design team meetings and coordinating the construction documents generated by its sub -contractors involved in this project 13. Nothing contained in this agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the COUNTY or the CONSULTANT. 14. Execution of this Contract by the CONSULTANT constitutes a representation that the CONSULTANT has become familiar with the Project site and the local conditions under which the Project is to be implemented. 15. The CONSULTANT will endeavor to comply with all federal, state, and local laws applicable to this project. The CONSULTANT Evill endeavor to design the project in such a manner as to be in conformance with all current applicable federal, state and local laws. including current accessibility guidelines at the signing of this agreement. 16. The CONSULTANT will prepare all necessary sketches to accompany applications for any required federal, state, or local permits. 17. The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 18. The CONSULTANT shall report the status of this project to the County's Project manager upon request and hold all drawings, calculations and related work open to the inspection of the Project manager or his authorized agent at any time, upon reasonable request. 19. The CONSULTANT, will prepare all permit applications, and will prepare and furnish copies of the drawings, specifications and contract documents. as required for federal, state and local agencies from which approval of the project must be obtained. All original documents, tracings and the like, including all items furnished to the CONSULTANT by the COUNTY pursuant to this Agreement, are and shall remain the property of the COUNTY, and shall be delivered to the COUNTY upon completion of the work. 20. The drawings prepared by the CONSULTANT will be of sufficient detail to permit the actual location of the proposed building improvements on the ground. 21. The CONSULTANT will supply drawings and AutoCAD files for final as-builts. 22. Any additional work required by regulatory aygencies pursuant to regulations established after the date of this Agreement shall be an additional service, and the COUNTY shall compensate the CONSULTANT in accordance with SECTION VII Additional Work, of this Agreement and in an approved amendment to this Contract. 23. The CONSULTANT agrees that all hiring must follow all applicable labor laws as follows: A. The CONSULTANT and his sub -contractors shall maintain such insurance as will protect it from claims by employees under the Worker's Compensation Act and from claims by employees for bodily injury or death which may arise from the performance of its services under this contract. 6 B. The CONSULTANT and his sub -contractors will assure compliance with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended, (S42USC2000d) and the requirements imposed by the regulations of the Department of Commerce (I 5CFRPart8) issued pursuant to that Title. In accordance therewith no person in the United States shall, on the grounds of race, be subjected to discrimination under any program or activity for which Indian River County receives state financial assistance. C. The work will be conducted in compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et. seq. and the Regulations adopted pursuant to that act, to the extent required by the law. D. In accordance with Section 616.255(2). Florida Statutes, the COUNTY encourages the CONSULTANT to the greatest extent possible, togive consideration to increasing the number of contractors/vendors that are minority businesses. B. CONSULTANTS SCOPE OF WORK AND PRODUCT DELIVERABLES 1.0 PHASE 1 - CONSULTANT DEVELOPMENT. PROGRAMMING / SCHEMATIC DESIGN PHASE: .01 The CONSULTANT shall coordinate with the design team and the COUNTY'S project manager, collecting available data and documentation, including: A. zoning, utilities, floodplain, as-builts, adjacent site plans/ approvals. B. Bldg type, special requirements, building codes, life safety issues. C. Owner needs / evaluation D. Energy conservation / sustainability: evaluation of IRC objectives E. Preliminary discussion with authorities responsible for adjacent sites that are being impacted by storm water design and shared access or parking. .02 The CONSULTANT shall implement a space allocation and building design program. The program is designed to optimize space and efficiency and comfort for the user. The program committee will be chaired by the CONSULTANT, and will include representatives of INDIAN RIVER COUNTY and key sub -contracted consultants. The program implementation will include researching the project type, establishing goals and objectives, gathering relevant information, identify strategies, determine quantitative requirements, and summarizing the program. .03 The CONSULTANT shall prepare schematic level drawings, based on the programming efforts. Drawings shall include: A. Schematic level floor plans and elevations B Conceptual site plan C. Preliminary stormwater modeling .04 The CONSULTANT shall prepare a schedule of development, including timeframes for design. permitting, bidding, construction, and contract close-out. 7 .05 The CONSULTANT shall prepare submittals for and attend applicable pre -application conference(s) with IRC. COVE, SJR, IRFWCD. IRCDUS, FPL. EMS. and Bldg dept.. .06 The CONSULTANT shall prepare detailed site development evaluations. including: A. Survey — boundary. tree. topo B. Geotechnical Engineering — evaluation for Drainage, pavement and foundation design. C. Traffic pre application conference with IRC Traffic engineer. .07 The CONSULTANT shall engage a Designated Professional (LEED AP) and a designated Commissioning Agent (Professional engineer. mechanical or electrical) to assist and coordinate the preliminary design team efforts towards FGBC certification. which shall include: A. Develop owners performance requirements, goals and objectives for energy, water and IEQ. B. Prepare an outline of the requirements and identify which FGBC Green Commercial Building Designated Standard credit points are consistent with the goals and objectives. C. Target the credit points which are consistent with the goals and objectives, and identify which additional points should be pursued (Targeted) in order to achieve certification. D. Develop a preliminary Commissioning Plan. .08 The CONSULTANT will prepare a Preliminary Cost Estimate, based on the schematic plans and programming requirements. 2.0 PHASE 2 — PRELIMINARY DESIGN DOCUMENTS PHASE: .01 CONSULTANT shall prepare Preliminary Design Documents consisting of design development drawings, outline specifications and other documents sufficient to establish the size, quality and character of the site development, including the civil engineering, architectural, structural, mechanical and electrical systems, and other such elements of the project as may be appropriate. Drawings shall be a refinement of the schematic drawings, and shall further define the project scope, relationships, forms, size and appearance. Drawings and specifications shall include: A. Bldg: Plans. sections, elevations, typ. Construction details, equipment lay -out. B. Site: Preliminary Site Plan - bldg. location(s), paving and drainage, stormwater system(s), utility locations, typical construction details. C Specifications: identify major materials and systems and quality levels for both bldg. and site. .02 The CONSULTANT shall prepare a Concurrency Application and supporting documentation and evaluation of Public infrastructure impacted by the development, including: A. Traffic Impact Statement or Analysis as required by IRC Traffic Engineering (Not required). 8 B. Stormwater management calculations and hydraulic and hydrological modeling of the on-site drainage basin(s) and adjacent off-site drainage basins impacted by the development. .03 The CONSULTANT shall prepare an updated detailed site and building construction plan cost estimate, based on the preliminary Design Documents, and reconcile design with project budget. 3.0 PHASE 3 - FINAL DESIGN AND PERMITTING PHASE .01 The CONSULTANT will perform all necessary surveying, civil engineering, architectural, mechanical and electrical engineering and structural design, and incidental work for the site and Buildings. Based on the preliminary design development documents, final construction plans and technical specifications shall be prepared, establishing in detail the material and systems required for the project, including the incorporation of Sustainable building and site design principles and systems. .02 The CONSULTANT shall Design and prepare a complete set of construction plans for the building suitable for obtaining COVB Site Plan Approval, Building Permits, and Health Department permits, and other permits required for the work. The design shall be in accordance with the 2014 Florida Building Code and current Life Safety Code. These plans shall include: A. Architectural B. Structural C. Mechanical -- - - - D. Electrical -- - - - - - - - - - - - - - -- - --- - - -- -- -- E. Interior design / finishes / furnishings & furniture selection F. Equipment and Machinery evaluation and general specification G. Fire protection systems H. Security systems I. Information technology systems 1. Security requirements and coordination 2. Voice and data systems J. Energy Code Calculations/ modeling per F.B.C.. .03 The CONSULTANT shall design and prepare a complete set of site construction plans for obtaining COVB Site Plan Approval, building permits, and other site development jurisdictional agency permits. These plans shall include: A. Site Plan B. Landscape / Irrigation design - "Florida Friendly" design C. Site Electrical / site lighting D. Clearing, Earthwork, drainage and paving E. Utilities, including watermain extension on 16th Street from Old Dixie Hwy. F. ROW / Traffic improvements (off-site) 9 I. Driveway(s), sidewalks, turn lane(s) at site frontage 2. Other off-site improvements (westbound left turn lane on 16`" Street into site) .04 The CONSULTANT shall prepare complete civil site development drawings for the construction of water and sewer. electric. phone. data and storm water management system requirements. All coordination with utility providers, design, relocation or routing, and scheduling shall be by the CONSULTANT. .05 The CONSULTANT shall provide Landscape and Irrigation Designs conforming to local ordinances and coordinate all underground chases, routes and clearances below walks and drives. .06 The CONSULTANT shall design and prepare documentation. analysis, modeling, construction plan details and specifications for the building systems and site work to comply with the Florida Green Building Coalition, Inc. standards for Green Commercial Buildings, and submit application to receive certification as a "Florida Green Commercial Building". This work shall include: A. Preparation of documentation for each achieved credit point by the appropriate design team consultant. (civil engineer. architect, mechanical. electrical, structural engineers, landscape designer, irrigation designer). B. Compilation of documentation and preparation and submittal of the application to the FGBC by the designated Professional (a LEED Accredited Professional.) C. Preparation and Implementation of a Commissioning Plan by a designated Commissioning Agent (a Professional Engineer in the Mechanical or Electrical Engineering discipline.) .07 Prepare Construction Documents. Prepare Technical written specifications in the standard 16 Division format — for building and site work components. .08 Construction Cost Estimate(s): Based on 90% complete plans, prepare a detailed site and building construction plan cost estimate. .09 Permits: The CONSULTANT will prepare permit applications for all government agencies with jurisdiction, including,: A. Site Development Permits: Prepare calculations, reports, sketches, and application forms to accompany construction plans for required Federal. state and local site development permits. including: 1.*COVB Site Plan (TRC, P&Z AND City Council) 2.**IRC Concurrency 3.**COVB ROW (Access for commercial, sidewalk, utility, drainage connection) 4.*COVB Stormwater 5.*COVB Land Clearing and Tree removal 6.**COVB water and sewer utility 7.*SJRWMD ERP / Standard Stormwater (site) 8.*IRFWCD — development review, drainage connection 10 9.**FDEP NO1 — (SWPPP) 10.**FDEP — (General) Water system extension 1 1.**FDEP — (General) Sewer collection System 12.*ACOE — exemption determination *Note ihiv is commenced at 30% to 60% complete construction drawings (preliminary design document v). **Note this is commenced at 90% complete construction drawings (final design documents), and completed prior to bidding, if possible B. Building permits: Assist contractor with the building permit review process. Provide plans, specifications and supporting documentation. Prepare response to building official review and necessary plan modifications. (dote. This is completed after bidding and construction contract award) 4.0 PHASE 4 - PRE -CONSTRUCTION PHASE .01 In general, the CONSULTANT will assist the COUNTY with bid procurement including assistance in the preparation of bidding and procurement documents and information for a competitive public bid, or construction management at risk delivery system. Services may include: A. Description of time, place and conditions of bidding and construction. B. Bidding and Proposal forms C. Form of Agreement — between owner and contractor: or owner and construction manager. D. Conditions of the Contract — standard, supplementary, and other special conditions. .02 The CONSULTANT will assist the COUNTY with Construction Procurement services, including.: A. Prepare and provide bid sets for competitive bidding; or for construction manager's use in securing bids. B. Coordinate and Attend Pre-bid meeting; or coordinate and attend meetings / negotiations with the perspective construction manager and its sub -contractors. Respond to RFI's sent by bidders, and prepare Addendums / plan modifications, if necessary. D. Bid validation. C. Prepare Notice of Award and assist IRC in finalizing construction contract. 11 5.0 PHASE 5 - CONSTRUCTION PHASE: .01 The CONSULTANT shall assist the COUNTY with the Contract Administration and Inspections, including: attend progress meetings, review shop drawings and contractors submittals, and provide routine site inspections to verify the work is proceeding in accordance with the plans and specifications for the purposes of certification upon completion of the work. Inspections shall be documented with written reports and digital photographs. The CONSULTANT will coordinate the responsibility for document review, meeting attendance, and inspections with civil engineer, architect and other consultants. The construction period is estimated to be six (6) to eight (8) months, and CA and inspection fees have been estimated by the CONSULTANT based on this time frame, and the tasks and frequency of services listed below. Anticipated tasks / services include: A. Site. 1. Coordinate and attend pre -construction meetings. (2) 2. Attend progress meetings with contractor (1 / wk) 3. Review shop drawings (All) 4. Review contractors pay requests (1 / month) 5. Periodic inspections of the site work (3+-/ week) 6. Substantial completion inspection / punch list (1) 7. Review as-builts for adequacy and completeness (1) 8. Final inspection / final completion determination (1) 9. Prepare final certification submittals for site permits B. Building: 1. Coordinate and attend pre -construction meetings. (2) 2. Attend progress meeting with contractor (1 / wk) 3. Review shop drawings (All) 4. Review contractors pay requests (1 / month) 5. Periodic inspections of the bldg construction (1 +-/ wk) 6. Inspection prior to all concrete pours 7. Inspections from Structural and M.E.P. consultants — as needed 8. Substantial completion inspection / punch list (1) 9. Final inspection / final completion determination (1) C. Changes to Work: Oversee changes to work. field directives. minor plan changes, administer construction change orders. .02 The CONSULTANT shall provide the services of a Commissioning Agent to verify the installation of the Building energy systems. validate that the systems are calibrated and perform according to the "Basis of Design" and Construction Documents, and review the "Operations and Maintenance Manual" (provided by the contractor), and prepare a final Commissioning Plan and report, and submit certification to FGBC that the building systems have been installed, and are calibrated. 12 SECTION V - TIME FOR COMPLETION A. The time for completion of each project phase is estimated to be as follows: 1. Agreement between the CONSULTANT and the COUNTY _ April 2015 2. Consultant Development. Programming / Schematic design Phase: June 2015 3. Preliminary Design Development Phase: July 2015 4. Final Design and Permitting Phase: October 2015 5. Pre -Construction Phase: January 2016 6. Construction Phase: February 2016 7. Occupy Facility: September 2016 B. Commencement dates shall be established in a "Notice to Proceed" from the COUNTY for each phase. SECTION VI — COMPENSATION A 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: 1 Desi<tn Services Fees: For the CONSULTANT'S services, compensation shall be as follows: - Site and Building — Design / Permitting / Estimates: Lump Sum (L.S.) $ 82.420.00 - Bidding/ Contract procurement / CA and Inspections (L.S.) $ 34,400.00 -FGBC Green sustainable design, certification and commissioning: (L.S.) $ 21750.00 TOTAL $140.70.00 2. Reimbursable Expenses: Reimbursable expenses are estimated to be $18,980.00 and include prints. copies, mail, Fed -Ex. application fees, etc. shall be paid by the CONSULTANT, and then reimbursed by the COUNTY; or paid direct by the COUNTY. Reimbursable expenses will be invoiced based on costs as defined in the schedule below. Refer to the attached "Opinion of Probable Cost" for an estimate of anticipated Reimbursable Expenses. Schedule Prints - $2.00/sheet Xerox Copies - $0.15/page Other Reimbursables —at cost 13 The fees. reimbursable costs. estimated construction costs, and other costs are outlined in the attached "Opinion of Probable Cost". B. Payment Schedule 1. 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". 2. The value of each Phase of the CONSULTANTS work and product deliverables (not including, reimbursables) shall be in accordance with the following schedule: 1.0 Phase 1 - Consultant Dev.. Programming/Schematic design (20%): $ 28.1 14.00 2.0 Phase 2 - Preliminary Design Development (22.5%): $ 31,62825 3 0 Phase 3 - Final Design and Permitting (33.0%): $ 46.388.10 4.0 Phase 4 - Pre -Construction (7.5%): $ 10,542.75 5.0 Phase 5 - Construction (17%): $ 23.896.90 TOTAL $140,570.00 3. Reimbursable cost will be in addition to the value of work listed above. 4. The payments shall be due within 30 days of the date of the invoice. C. Additional Services Fee: The COUNTY agrees to pay for additional services that are outside or beyond the scope of services identified above in accordance with the approved hourly rate schedule. (Copy of 2014 Rate Schedule is attached). See "Section VII — Additional Work" and "Section VIII — Extra Work". In the event additional services are provided beyond the time of completion outlined above, the rate schedule shall be subject to reasonable increase in accordance with the Consumer Price Index. SECTION VII - ADDITIONAL WORK A. In the event changes are requested by the COUNTY to the contract plans after said plans have been approved and accepted by the COUNTY and upon the issuance of an amendment to this Contract for said additional work by the COUNTY. said additional work may commence upon receipt of a Notice to Proceed. B. 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 (copy attached). 14 SECTION VIII - EXTRA WORK A. 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 Contract for said Extra Work by the COUNTY. said Extra Work may commence upon receipt of a Notice to Proceed. B. Compensation for Extra Work shall be at a price to be negotiated between the CONSULTANT and the COUNTY. based on the CONSULTANT'S approved hourly rate schedule (copy attached). SECTION IX - PARTIAL PAYMENTS A. The COUNTY shall make monthly partial payments to the CONSULTANT. B. The CONSULTANT shall submit duly certified invoices to the COUNTY'S project manager. C. A IO% retainage will be withheld by the COUNTY until receipt of final design documents (Retainage for work completed in Phases 1, 2, or 3). The CONSULTANT can apply for all retainage held to date after the final design documents have been accepted by the COUNTY. A retainage of 10% will apply to services provided in the remaining Bidding and Negotiations and Construction Administration services (Phases 4, 5) until satisfactory completion of the CONSULTANT'S portion of the project. SECTION X - RIGHT OF DECISIONS A 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 managers 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. B. Adjustments of compensation and contract 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 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. 15 SECTION XI - OWNERSHIP AND REUSE OF DOCUMENTS A. 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. B. 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. 16 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. It is anticipated that the CONSULTANT shall sub -contract the following portions of the work: -Contract Administrator: -Civil Engineering: -Surveying: -Geotechnical Engineering: -Traffic Engineering: -Architecture: -Structural engineer: -Mechanical and Electrical Engineers: -Landscape designers: -Irrigation designers: -LEED AP Designated coordinator -Commissioning Agent: SECTION XVI - WARRANTY CONSULTANT — Schulke. Bittle & Stoddard. LLC CONSULTANT— Schulke. Bittle & Stoddard. LLC Houston, Schulke, Bittle & Stoddard. LLC dba Meridian Land Surveyors KSM Engineering and Testing, INC N/A Caribeno Architectural Group, INC CONSULTANT — Schulke. Bittle & Stoddard, LLC Construction Engineering Group, INC CONSULTANT— Schulke. Bittle & Stoddard, LLC CONSULTANT— Schulke, Bittle & Stoddard, LLC CONSULTANT— Schulke, Bittle & Stoddard. LLC Construction Engineering Group, INC 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 contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the DESIGNER any fee, commission, percentage fee, Gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach violation of this warranty. the COUNTY shall have the right to annul this contract without liability. 17 SECTION XVTT - DURATION OF CONTRACT 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 first, or unless otherwise terminated pursuant to Section XIII of this contract. SECTION XVIII - INSURANCE AND INDEMNIFICATION During the performance of the Nvork 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. A. CONSULTANT shall procure and maintain for the duration of the contract, 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 -contractors. 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. B. Minimum Scope of Insurance 1. 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. 2. General Liability $L000.000 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. 3. Auto Liability $1,000.000 combined sinygle limit per accident for bodily injury and property damage for owned and non -owned vehicles. COUNTY shall be an additional insured. 4. Professional Liability Insurance providing coverage for negligent 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, 18 use and business interruption, cost of replacement power, and other special, indirect and consequential damages. C. 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. D. CONSULTANT'S insurance coverage shall be primary. E. All above insurance policies shall be placed with insurers with a Best's rating of no less that A. The insurer chosen shall also be licensed to do business in Florida. F. The insurance policies procured shall be "Claims Made" policies or as generally available on the open insurance market. G. 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 Contract. I -I. 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 or insurance. I. CONSULTANT shall include all sub -contractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. J. CONSULTANT hereby agrees to indemnify Indian River County and Representatives thereof from all claims arising solely from negligent 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. SECTION XIX - ENTIRETY OF CONTRACT 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. 19 IN WITNESS WHEREOF the parties hereto have executed these presents thisl4th of April . 2015. OWNER CONSULTANT "Ye•••" w►OARD OF COUNTY COMMSIONERS SCHULKE, B r•� .•• • .. IAN RIVER COUNTY. FLORIDA • ' • F*.• - •' �• i ti ••�v S. Davis. Chairman .**41:11 CO., i . Approved by BCC: April 14, 2015 ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller (Deputy Clerk) Dylan Reingold. County Attorney roved: fficiency: Joseph Baird, County Admindstrator Josep 20 PA.Y NAME STODDARD, LLC W. Schul anaving Member (Printed name) Mi sty T. _ Purse] OPINION OF PROBABLE COST I. BUILDING COSTS A. Enclosed Building cost ** 1,000 SF a $182.30/SF 13. Open/Covered Bldg. cost** 1,800 SF cr $87.50/SF C. Covered Walkway/Pict: Up cost** /1,600 SF r $38.00/SF D. Furniture and Equipment cost** 2.800 SF@ $10.00/SF Sub -Total II. SITE CONSTRUCTION COSTS A. Total Cost (see separate spread sheet) 111. CONTINGENCY A. 5% of building and site construction cost I11. PROFESSIONAL FEES B. Engineering / Architecture — design and permitting C. Cost estimating / Contract Admin./ Inspections / Procurement D. FGBC Certification / Commissioning Sub -Total IV. ESTIMATE OF OTHER EXPENSES A. Reimbursable costs (prints. copies. mail. fed ex. etc.)* B. Site Development permit app. fees (see attached schedule)* C. FGBC Certification Application Fee* D. Building department permit application / review fees** Sub -Total V. OTHER COSTS A. \Vater & Sewer Impact Fees and Connection Fees** B COVB Electric Impact/Connection Fees** C. IRC Impact & SR60 Fair Share Interest Fee** D. FTA Admin. Fee** E. IRC Admin. Fees** Sub -Total Grand Total - ESTIMATED. COSTS TO BE PAID DIRECTLY 13Y IRC - ESTIMATED. ACTUAL COSTS TO BE PAID BY CONSULTANT AND REIMBURSED 13Y IRC T13D To be determined by others or at a later date when information is available $182.00.00 $157.500.00 $171,800.00(Removed) $ 28.000.00 S 368,000.00 S566,711.75 $46,735.59 $ 82,420.00 $ 34.400.00 $ 23.750.00 5140,570.00 $ 7.700.00 $ 5.880.00 $ 1.400.00 $ 4.000.00 (Estimate) S 18,980.00 $ 8,478.00 $ 4,777.50 $ 0.00 $ 25,000.00 TBD S 38,255.50 51,179,252.84