HomeMy WebLinkAbout2017-103 AGREEMENT FOR ENGINEERING CONSULTING SERVICES
THIS AGREEMENT for ENGINEERING CONSULTING SERVICES FOR INDIAN
RIVER COUNTY LANDFILL ("Agreement"), entered into as of this 18t� day of
July , 2017 by and between Indian River County Solid Waste Disposal
Oisthc1 (SVVDD). e dependent special district 0fIndian River County, Florida, o pO|idco|
subdivision of the State Of Florida, VvhnSe address is c/o Indian Rive[ County Utilities
Department, 1801 27m Street, Vero Beaoh, FL 32980` and CDM Smith Inc., @
Massachusetts corporation authorized tndO business in Florida, whose local address is
17A1Highway A-1-A. Suite 3O1. Vero Beach, FL32S63 /"C0DSU|b8n1"\.
RECITALS:BACKGROUND
A. |Daccordance with the Consultants' Competitive Negotiations Act /C|CNA\.
Section 287.055, Florida Statutes, the SWDID solicited Requests for Qualifications (RFQ)
#2O17O48for professional Engineering Consulting Services/"SeNices"\ related tolandfill
{jOsuPa` landfill gas system expansion and cn|| C0na1n]ctk)n projects ("Projects") made
part of this Agreement by this reference.
B. As a result of its [8SponS8. the SWDO has selected Consultant to provide
certain professional services as more fully set forth in in the Scope of Services Section
contained inthe Request for Qualifications #2017048.
C. The Consultant is willing and able to perform the Services for the SVVD[)
oDthe terms and conditions set forth below; and
O. The SVVD[} and the Consultant wish to enter into this Aonaennen\ for
Consultant's Services.
NOW THEREFORE, in accordance with the mutual covenants herein contained
and other good and Vo|Uab|8 consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree 8sfollows:
1. GENERAL.
1.t All professional Ge[V|ceS provided by the Consultant for the SWDO shall be
identified in Work Orders approved by the 8VVL)D Board and performed in a
h0e|y, efUd8DL cost effective OnanDe[. and in accordance with the current
professional standards Of the applicable discipline. The Work Orders Sh@\|
include @ description of services to be performed; 8 st8180n8Dt of fees; a
schedule of deliverables; proposed schedule for compensation and whether
oorDp8nSeUon is |Unnp Su[n nnaXin1Vrm amount not to exceed task based, or
any combination Of the foregoing; a hUdO8i establishing the amount of
compensation to be paid with sufficient detail so as to identify all of the various
8|grn8nts of ouS1S; a projected schedule for completion Of the work to be
performed by the Consultant; and any other additional instructions or
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provisions relating to the specific Services authorized that does not conflict
with the terms of this Agreement.
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
SWDD and the Consultant by which the SWDD 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 SWDD Board
prior to issuance of the related Notice-to-Proceed.
1.3. Additional services not contained in the Work Orders which would increase,
decrease or which are otherwise outside the scope of Services or level of effort
contemplated by the Work Orders shall be Services for which the Consultant
must obtain the prior written approval as an Amendment to the Work Order
from the SWDD 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 the Agreement, and when properly authorized and
executed by both the Consultant and the SWDD shall become an amendment
to the Agreement.
1A. A schedule of current hourly billing rates is set forth in Exhibit A attached to
this Agreement and made a part hereof by this reference. The current rates
shall be valid through July 31, 2022. Thereafter, the Consultant may submit a
rate adjustment request for approval by the County Administrator or their
designee.
1.5. The Background Recitals are true and correct and form a material part of this
Agreement.
2. SWDD OBLIGATIONS.
2.1. The SWDD will provide the Consultant with a copy of any preliminary data or
reports available as required in connection with the services to be performed
under this Agreement, together with all available drawings, surveys, right-of-
way maps, and other documents in the possession of the SWDD pertinent to
the Project. The Consultant shall satisfy itself as to accuracy of any data
provided. The Consultant is responsible for bringing to the SWDUs attention,
for the SWDD's resolution, material inconsistencies or errors in such data that
come to the Consultant's attention.
2.2. The SWDD 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 SWDD.
2.3 The SWDD shall promptly execute all permit applications necessary to the
Project.
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2.4. The SWDD 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 SWDD 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 SWDD'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 SWDD caused by the negligent performance by the Consultant of any of
the Services furnished under this Agreement.
2.6. The SWDD reserves the right to appoint one or more Project Managers for the
specific Services in connection with this Agreement. The Project Manager
shall- (a) act as the SWDD's agent with respect to the Services rendered
hereunder; (b) transmit instructions to and receive information from the
Consultant; (c) communicate the SWDD'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 SWDD shall give prompt written notice to the Consultant whenever the
SWDD 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 SWDD's sole
discretion, and upon the submission to the SWDD of evidence of the causes
of the delay, this Agreement shall be modified in writing, subject to the
SWDUS 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 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 SWDD and Consultant
shall mutually agree, in writing, to the modifications to be made to this
Agreement.
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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 mutually agreed Work Orders
and in this Agreement.
3.2. The Consultant will endeavor not to duplicate any previous work done on any
Project. Before beginning work, the Consultant shall consult with the SWDD
to clarify and define the SWDD's requirements for the Project.
3.3. The Consultant agrees to complete the Project within the time frame specified
in the Work Order.
3.4. The Consultant will maintain an adequate staff of qualified personnel.
3.5. The Consultant will comply with all present and future federal, state, and local
laws, rules, regulations, policies, codes, and guidelines applicable to the
Services performed under this Agreement.
3.6. The Consultant, as a part of the consideration hereof, does hereby covenant
and agree that: (1) in connection with the furnishing of Services to the SWDD
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 SWDD's applications for any required federal, state,
or local permits.
3.9. The Consultant will cooperate fully with the SWDD in order that all phases of
the work may be properly scheduled and coordinated.
3.10. The Consultant will cooperate and coordinate with other SWDD consultants,
as directed by the SWDD.
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3.11, The Consultant shall report the status of the Services under this Agreement to
the SWIDID Project Manager upon request and hold all drawings, calculations
and related work open to the inspection of the SWIDID 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 first
developed by the Consultant for the purpose of this Agreement, are and shall
remain the property of the SWIDID. The foregoing items will be created,
maintained, updated, and provided in the format specified by the SWIDD.
Please note, SWIDID is currently using AutoCAD Civil 2013; however, will be
upgrading to AutoCAD 2017 format soon. When all work contemplated under
this Agreement is complete, all of the above data shall be delivered in both
electronic and hardcopy format within thirty (30) calendar days to the SWIDID
Project Manager.
3.13. The Consultant will confer with the SWIDID 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 SWIDID, within
thirty (30) calendar days of notice by the SWIDID, 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 SWIDID 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 SWIDID as specified above, until the later of three (3)
years after the date of termination of this Agreement, or such longer time if
required by any federal, state, or other governmental law, regulation, or grant
requirement.
3.15. The Consultant shall not assign or transfer any work under this Agreement
without the prior written consent of the SWDD. When applicable and upon
receipt of such consent from the SWIDID, the Consultant shall cause the names
of the engineering and surveying firms responsible for the major portions of
each separate specialty of the work to be inserted on the reports or other data.
3,16. All documents, including but not limited to drawings and specifications,
prepared by the Consultant pursuant to this Agreement become the property
of SWIDID as a deliverable; however, are related exclusively to the Services
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described herein and are not intended or represented to be suitable for reuse
by the SWDD or others on any other project. Reuse of any document or
drawing shall be at the SWDD's own risk. The Consultant shall not be held
liable for any modifications made to the documents by others.
4. TERM; TIME FOR COMPLETION.
4.1. Initial Term
4.1.1. The term of this Agreement shall be for a period of five (5) years
beginning on the Effective Date of this Agreement.
4.2. Renewal Option
4.2.1. At the sole option of SWDD, this Agreement may be renewed for one
(1) additional term of five (5) years under the same terms and
conditions as the initial term, including amendments. The Indian River
County Purchasing Manager, as directed by the SWDD Board, shall
issue a notice of renewal prior to the termination of the initial term.
4.3. The time for completion of each Project shall be defined in the Work Order.
5. COMPENSATION.
5.1. The SWDD shall pay to the Consultant the mutually agreed upon lump sum or
maximum amount not-to-exceed professional fee for each Work Order, to be
paid in monthly installments or on a deliverable basis, all as set forth in a Work
Order. Duly certified invoices, electronic invoices are acceptable, phased as
per the Exhibits, shall be submitted to the SWDD Project Manager, in detail
sufficient for proper prepayment and post payment audit. Upon submittal of a
proper invoice the SWDD Project Manager will determine if the tasks or
portions thereof have been satisfactorily completed. Upon a determination of
satisfactory completion, the SWDD Project Manager will authorize payment to
be made. All payments for services shall be made to the Consultant by the
SWDD in accordance with the Local Government Prompt Payment Act, as
may be amended from time to time (Section 218.70, Florida Statutes, et seq.).
5.1.1. The Consultant acknowledges and agrees that it will not be reimbursed
for any local travel associated with its Services on this Project.
5.1.2. The SWDD shall make direct payment of all permit fees paid to
regulatory agencies for approvals directly attributable to the Services
under the Project. These permit fees do not include those permits
required for any construction contractor.
5.2. The SWDD may at any time notify the Consultant of requested changes to the
Services under an existing Work Order, and thereupon the SWDD and the
Consultant shall execute a mutually agreeable amended Work Order or a new
Work Order.
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5.3. The SWDD 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.
5A. The SWDD 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 SWDD may thereafter specify in writing. Where
the SWDD 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 SWDD 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 SWDD in connection with the Project, the SWDD may, at the
sole option of the SWDD: 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 on this Agreement until it has
obtained all insurance required under this Agreement and such insurance has
been approved by the Indian River County 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:
7.2.1. General Liability
• Each Occurrence $500,000
• Fire Damage-any one fire $50,000
• Medical Expenses-any one person $5,000
• Personal and Advertising Injury $500,000
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• General Aggregate $5OO'O0O
• Combined Single Limit $500.000
7.2.2. Au10rn0bi|a Liobilhv— COnnbiDed Single Limit $500,000
7.2.3. Worker's Compensation and Employer's Liability as required by the
State 0fFlorida
*
Each accident $100,000
�
Each Disease— Each employee $100.000
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Each disease — policy limit $5OO.O0O
7.2.4. Professional Liability Insurance
p $1'0OO.0OOper occurrence
* $2.O00.000aggregate combined single limit
^ $5.000 nl@XirnVrn deductible per claim
7.3. Consultant's insurance coverage shall baprimary.
7.4. All required insurance policies shall be placed with insurers licensed to do
business iDFlorida and with aBest's rating ofAV|| Urbetter.
7.5. The insurance policies procured shall be occurrence forms, not claims made
policies with the 8XCepdOn of professional liability.
7.0. Acert|8c8tn of insurance shall be provided to the |Od|8n Rive[ County Risk
Manager for review and approval, ten (10) business days prior to
commencement of any work under this Agreement. Both Indian River County
and the SVVO[) shall banamed 8s8nadditional insured 0nall policies except
workers' compensation and professional liability.
7.7. The insurance companies selected shall send written verification kJthe Indian
River CoUO\V Risk Manager that they will provide 30 business days prior
written notice t0the Indian River County Risk Manager ofits intent tOcancel
0rmodify any required policies 0finsurance.
7.8. Consultant shall include all sub-consultants as insured under its pO|in|ns or
shall furnish separate certificates and endorsements for each sub-consultant.
All coverages for sub-consultants nh8|| be subject to all of the requirements
stated herein.
7.9The SVVDD. bVand through the Indian River County Risk Manager, reserves
the right periodically to review any and all policies ufinsurance and reasonably
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to adjust the limits of coverage required hereunder, from time to time
throughout the term of this Agreement. In such event, the SWDD shall provide
the Consultant with separate written notice of such adjusted limits and
Consultant shall comply within thirty (30)calendar days of receipt thereof. The
failure by Consultant to provide such additional coverage shall constitute a
default by Consultant and shall be grounds for termination of this Agreement
by the SWDD.
7.10. The Consultant shall indemnify and hold harmless both Indian River County
and the SWDD, and its commissioners, officers, employees and agents, from
liabilities, damages, losses, and costs, including, but not limited to, reasonable
attorneys' fees, to the extent caused by the negligence, recklessness,
intentional tort, breach of contract or breach of applicable law or intentionally
wrongful conduct of the Consultant and other persons employed or utilized by
the Consultant, including subcontractors or sub-consultants, in the
performance of this Agreement.
8. TERMINATION.
8.1. This Agreement may be terminated: (a) by the SWDD, 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 SWDD; 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 SWDD, the SWDD'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 SWDD up to the time of termination. In the event of such
termination, the SWDD 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 thirty (30) days prior written notice in the event of material
failure by the other party to perform in accordance with the terms of this
Agreement through no fault of the terminating party. Either party shall have
fourteen (14) days to cure.
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 SWDD
reserves the right to terminate this Agreement in accordance with its terms.
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8.5. In the event of termination of this Agreement, the Consultant agrees to
surrender within thirty (30) calendar days any and all documents electronic or
hardcopy prepared by the Consultant for the SWIDID in connection with this
Agreement.
8.6. The SWIDID may terminate this Agreement for refusal by the Consultant to
allow public access to all documents, papers, letters, or other material subject
to the provisions of Chapter 119 Florida Statutes and made or received by the
Consultant in conjunction with this Agreement.
8.7. The SWIDID may terminate this Agreement in whole or in part if the Consultant
submits a false invoice to the SWDD.
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 SWIDID 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 SWIDID
shall exercise its rights under this "Certificate" within one (1) year following
final payment. SWIDID has the authority and right to audit Consultant's records
under this provision. The SWIDID does not hereby waive any other right it may
have pursuant to Section 287.055, Florida Statutes, as it may be from time-to-
time amended,
9.2. Pursuant to the Consultants' Competitive 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 SWIDID 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 subconsultants of
the Consultant are in no way to be considered employees of the SWIDID, but
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are independent contractors performing solely Linder the terms of the
Agreement and not otherwise.
10.2. Merger; Modification. This Agreement incorporates and includes all prior
and contemporaneous negotiations, correspondence, conversations,
agreements or understandings applicable to the matters contained herein
and the parties agree that there are no commitments, agreements, or
understandings of any nature whatsoever concerning the subject matter of
the Agreement that are not contained in this document. Accordingly, it is
agreed that no deviation from the terms hereof shall be predicated upon
any prior or contemporaneous representations or agreements, whether oral
or written. No alteration, change, or modification of the terms of this
Agreement shall be valid unless made in writing and signed by the
Consultant and the SWDD.
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 waiver 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 SWDD under this Agreement
are subject to the availability of funds lawfully appropriated for its purpose
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by the Indian River County Solid Waste Disposal District Board of
Commissioners.
103, No Pledge of Credit. The Consultant shall not pledge the SWDD'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.
A. Indian River County and the Solid Waste Disposal District are public
agencies subject to Chapter 119, Florida Statutes. The Consultant shall
comply with Florida's Public Records Law. Specifically, the Consultant
shall:
(1) Keep and maintain public records required by the SWDD to per-form
the service.
(2) Upon request from the SWDD's Custodian of Public Records,
provide the SWDD with a copy of the requested records or allow the
records to be inspected or copied within a reasonable time 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 for the duration of the
contract term and following completion of the contract if the
Consultant does not transfer the records to the SWDD,
(4) Upon completion of the contract, transfer, at no cost, to the SWDD
all public records in possession of the Consultant or keep and
maintain public records required by the SWDD to perform the
service. If the Consultant transfers all public records to the SWDD
upon completion of the contract, the Consultant shall destroy any
duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Consultant keeps
and maintains public records upon completion of the contract, the
Consultant shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to
the SWDD, upon request from the Custodian of Public Records, in
a format that is compatible with the information technology systems
of the SWDD.
B. IF THE CONSULTANT HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE
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PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
(772) 226-1424
publicrecords@ircgov.corn
Indian River County Office of the County Attorney
1801 27' Street
Vero Beach, FL 32960
C. Failure of the Consultant to comply with these requirements shall be a
material breach of this Agreement.
10.9. Notices: Any notice, request, demand, consent, approval, or other
communication required or permitted by this Agreement shall be given or
made in writing and shall be served, as elected by the party giving such
notice, by any of the following methods: (a) Hand delivery to the other party;
(b) Delivery by commercial overnight courier service; or (c) Mailed by
registered or certified mail (postage prepaid), return receipt requested at
the addresses of the parties shown below, unless otherwise specified by
the Project Manager:
SWDD: Indian River County Solid Waste Disposal District
Attn: Himanshu H. Mehta, P.E., Managing Director
1325 7411 Avenue SW
Vero Beach, FL 32968
Facsimile: (772) 770-5296
Email: hmehta@ircgov.com
Consultant: CDM Smith Inc.
Attn: Eric Grotke, P.E.
1701 Highway A-1-A, Suite 301
Vero Beach, FL 32963
Fax: (772) 231-4332
Email: GrotkeEJ@cdmsmith.com
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.
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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.
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IN WITNESS WHEREOF the parties hereto have executed this Agreement as of
the date first written above.
Attest: By Owner:
Jeffrey R. Smith, Clerk of Couritnd Solid Waste Disposal District
C o M;t�ro 1,�Ile Indian River County, Florida
De Y Clerk se E lesc er, Chairman
......... ...
Date Approved by SWDD: July 18, 2017
Approved By: Approved as to Form and Legal
Sufficiency By:
Jason E. own, County Administrator T. Reingold, County Attorney
,��a n�T d,�i�o County
Signed, sealed, and delivered in the By Consultant:
presence of: CDM Smith Inc.
Print Name: Print Name: L,
Print Title:
PrA(Name:
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Exhibit A
CDM Smith Inc.
Hourly Billing Rates
Through July 31 , 2022
cS�mith
JULY 2017—JULY 2022
SCHEDULE OF HOURLY BILLING RATES
CATEGORIES
PROFESSIONAL SERVICES
Senior Officer $240
Senior Technical Expert $235
Officer $230
Associate $215
Principal $210
Senior Professional $175
Professional II $140
Professional 1 $120
PROFESSIONAL SUPPORT SERVICES
Senior Support Services: $130
Staff Support Services $95
FIELD SERVICES
Senior Professional $115
Professional $90
PROJECT SUPPORT SERVICES
Document Control Specialist $90
Subconsultants and direct expenses are not included in the hourly billing rates. All
subconsultant and other direct project related expenses are subject to a minimum
handling/administrative charge of 10 percent. Consultant reserves the right to adjust the
Contract hourly billing rates beginning in August 2022 as negotiated with and agreed to by
SWDD and the County Administrator.
RATES EFFECTIVE THROUGH JULY 31, 2022
RPQ 2017048 RateA.d—