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HomeMy WebLinkAbout2018-048AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT for PROFESSIONAL SERVICES ("Agreement"), entered into as of this 13th day of March , 2018 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach FL 32960 ("COUNTY"), and MASTELLER & MOLER, INC., whose address is 1655 27th Street, Suite 2, Vero Beach, Florida 32960 ("Consultant"): BACKGROUND RECITALS: A. In accordance with the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, the COUNTY solicited Request for Qualifications #2018012 for 45th Street Milling and Resurfacing Project — 58th Avenue to 43rd Avenue ("Project") attached as Exhibit A to this Agreement and made a part by reference. B. As a result of its response, the County has selected Consultant to provide certain professional services relating to Public Works, ("Services") as more fully set forth in in the Project Approach Section contained in the Statement of Qualifications for Indian River County RFQ #2018012 attached as Exhibit B to this Agreement and made a part by reference. C. Consultant has submitted a Scope of Services and Fee Proposal dated February 21, 2018 attached as Exhibit C to this Agreement and made a part by reference. D. The Consultant is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and E. The COUNTY and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL. 1.1 All professional services provided by the Consultant for the COUNTY shall be identified in Exhibits A, B and C (collectively, the "Exhibits") and performed in a timely, efficient, cost effective manner, and in accordance with the current professional standards of the applicable discipline. The Exhibits include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the Consultant; and any other Page 1 of 12 F:\Pub1icWorks\ENGINEERING DIVISION PROJECTS\1722 45th Street Resurfacing (58th Ave to 43rd Ave)\1-Admin\Agenda Items\Award of RFQ 2018012\Agreement.doc additional instructions or provisions relating to the specific Services authorized that does not conflict with the terms of this Agreement. 1.3 Additional services not contained in the Exhibits which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by the Exhibits shall be Services for which the Consultant must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of the Agreement, and when properly authorized and executed by both the Consultant and the COUNTY shall become an amendment to the Agreement. 1.4 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to the Project. The Consultant shall satisfy itself as to accuracy of any data provided. The Consultant is responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that come to the Consultant's attention. 2.2 The COUNTY shall arrange for access to, and make provisions for the Consultant to enter upon, public and private property (where required) as necessary for the Consultant to perform its Services, upon the timely written request of Consultant to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the Consultant's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable in accordance with all applicable Page 2 of 12 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1722 45th Street Resurfacing (58th Ave to 43rd Ave)\1-Admin\Agenda Items\Award of RFQ 2018012\Agreement.doc laws for all damages to the COUNTY caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with this Agreement. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) communicate the COUNTY's policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the Consultant whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services. If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub -consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the Consultant shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, this Agreement shall be modified in writing, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant's control and through no fault or negligence of the Consultant. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT. 3.1 The Consultant agrees to perform all necessary professional engineering, project design, construction phase services, and other Services in connection with the assigned Project(s) as set forth in 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 COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The Consultant agrees to complete the Project within the time frame specified in Exhibit C. 3.4 The Consultant will maintain an adequate staff of qualified personnel. Page 3 of 12 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1722 45th Street Resurfacing (58th Ave to 43rd Ave)\1-AdminWgenda ItemsWward of RFQ 2018012Wgreement.doc 3.5 The Consultant will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex, and (2) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.7 The Consultant shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Consultant to render its Services as described in this Agreement. The Consultant shall also require all sub -consultants to comply by contract with the provisions of this section. 3.8 The Consultant will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. 3.9 The Consultant will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The Consultant will cooperate and coordinate with other COUNTY consultants, as directed by the COUNTY. 3.11 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the Consultant for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the County. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.13 The Consultant will confer with the COUNTY during the further development of improvements for which the Consultant has provided design or other services, and the Consultant will interpret plans and other documents; correct errors Page 4 of 12 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1722 45th Street Resurfacing (58th Ave to 43rd Ave)\1-Admin\Ngenda ItemsWward of RFQ 2018012Wgreement.doe and omissions, and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the Consultant of the existence of such errors or omissions, whichever event shall first occur. The foregoing is not intended to include construction management services provided by the Consultant. 3.14 The Consultant agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as 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 COUNTY. When applicable and upon receipt of such consent from the COUNTY, the Consultant shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.16 All documents, including but not limited to drawings and specifications, prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. The Consultant shall not be held liable for any modifications made to the documents by others. 4. TERM; TIME FOR COMPLETION. 4.1 The time for completion of the Project shall be defined in the Exhibits. 5. COMPENSATION. 5.1 The COUNTY shall pay to the Consultant the mutually agreed professional not -to -exceed fee of THREE HUNDRED THOUSAND AND EIGHT DOLLARS ($308,00.00) for Services rendered for the Project, to be paid in monthly installments or on a deliverable basis, as set forth in the Exhibits. Duly certified invoices, in triplicate, phased as per the Exhibits, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of Page 5 of 12 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1722 45th Street Resurfacing (58th Ave to 43rd Ave)\1-Admin\Agenda Items\Award of RFQ 2018012Wgreement.doc satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the Consultant by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.1.1 The Consultant acknowledges and agrees that it will not be reimbursed for any travel associated with its Services on this Project. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the Consultant of requested changes to the Services under this Agreement, and thereupon the COUNTY and the Consultant shall execute a mutually agreeable amendment to this Agreement. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under the Exhibits at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In such event, the Consultant shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the Consultant to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK. 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement, or request the Consultant to provide, either directly by the Consultant or by a sub -consultant, such additional services by a written amendment this Agreement. Page 6 of 12 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1722 45th Street Resurfacing (58th Ave to 43rd Ave)\1-Admin\Agenda ItemsWward of RFQ 2018012Wgreement.doc 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 County's Risk Manager. 7.2 Consultant's insurance coverage shall be primary. 7.3 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A VII or better. 7.4 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.5 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 7.6 The insurance companies selected shall send written verification to the County Risk Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.7 Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverages for sub -consultants shall be subject to all of the requirements stated herein. 7.8 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the Consultant with separate written notice of such adjusted limits and Consultant shall comply within thirty (30) days of receipt thereof. The failure by Consultant to provide such additional coverage shall constitute a default by Consultant and shall be grounds for termination of this Agreement by the COUNTY. 7.9 The Consultant shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. 8. TERMINATION. 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the Consultant; or (b) by the Consultant, for Page 7 of 12 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1722 45th Street Resurfacing (58th Ave to 43rd Ave)\1-AdminWgenda Items\Award of RFQ 2018012Wgreement.doc any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the Consultant shall be payment for those portions of satisfactorily completed work previously authorized by this Agreement. Such payment shall be determined on the basis of the hours of work performed by the Consultant, or the percentage of work complete as estimated by the Consultant and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar services. 8.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8.4 In the event that the Consultant merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the COUNTY in connection with this Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the Consultant in conjunction with this Agreement. 8.7 The COUNTY may terminate this Agreement in whole or in part if the Consultant submits a false invoice to the COUNTY. 9. TRUTH -IN -NEGOTIATION CERTIFICATE; CONTINGENCY FEES. 9.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the Consultant's most favored customer for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid Page 8 of 12 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1722 45th Street Resurfacing (58th Ave to 43rd Ave)\1-AdminWgenda ItemsWward of RFQ 2018012\Agreement.doc to outside consultants. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit Consultant's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from 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 COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10. MISCELLANOUS PROVISIONS. 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or subconsultants of the Consultant are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Page 9 of 12 F:\Public Works\ENGINEERING DIVISION PROJECTS\1722 45th Street Resurfacing (58th Ave to 43rd Ave)\1-Admin\Agenda Items\Award of RFQ 2018012Wgreement.doc Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 10.8 Public Records. The Consultant shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 10.9 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: County: Indian River County Attn: Richard B. Szpyrka, P.E. 1801 27th Street Vero Beach, FL 32960-3365 Facsimile: (772) 770-5143 Consultant: Masteller & Moler, Inc. Attn: Stephen E. Moler, P.E. 1655 27th Street, Suite 2 Vero Beach, FL 32960 Fax: 772-794-1106 Email: mastmolr@bellsouth.net Page 10 of 12 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1722 45th Street Resurfacing (58th Ave to 43rd Ave)\1-Admin\Agenda ItemsWward of RFQ 2018012Wgreement.doc Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 10.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Consultant shall survive the termination or expiration of this Agreement. 10.11 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 10.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. Page 11 of 12 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1722 45th Street Resurfacing (58th Ave to 43rd Ave)\1-Admin\Agenda Items\Award of RFQ 2018012Wgreement.doc IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. MASTELLER & MOLER, INC. By Stephen E. Moler, P.E., Vice President Witness: Date: '� B I n Y .I - Printed Name Carrie A. Bass INDIAN RIVER COUNTY By it,%B�oard of County Commissioners Peter D. O'Bryan,L Date Approved by:yo ?rah 1-3 . _24L18 Attest- Jeffrey R. Smith, Clerk of Court And Comptroller By Deputy Cle k App 'vel: Jason F. B inistrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney Page 12 of 12 F:\Public Works\ENGINEERING DIVISION PROJECTS\1722 45th Street Resurfacing (58th Ave to 43rd Ave)\1-Admin\Hgenda Items\Award of RFQ 2018012Wgreement.doc Indian River County Purchasing Division 1800 271h Street Vero Beach, FL 32960 Phone (772) 226-1416 EXHIBIT A Request for Qualifications Project Name: 45th Street Milling and Resurfacing Project - 58th Avenue to 43`d Avenue IRC -1722 (FDOT SCOP FM No. 436848-1) RFQ #: 2018012 RFQ Opening Date: December 6, 2017 RFQ Opening Time: 2:00 P.M. All Statements of Qualifications (SOQs) must be received by the Purchasing Division, 180027 1h Street, Vero Beach, Florida 32960 prior to the date and time shown above. Late responses will not be accepted or considered. PLEASE SUBMIT (1) ONE MARKED ORIGINAL AND FIVE (5) COPIES OF YOUR SOQ PLUS ONE (1) THUMB DRIVE OR CD CONTAINING A FULL PDF OF YOUR SOQ. Refer All Questions to: Jennifer Hyde, Purchasing Manager Phone: (772) 226-1416 Email: PurchasinaC@ircaov.com Page 1 of 11 REQUEST FOR QUALIFICATIONS RFQ # 2018012 45th Street Milling & Resurfacing Project - 58th Avenue to 431d Avenue IRC -1722 (FDOT SCOP FM No. 436848-1) In compliance with CCNA Chapter 287.055, the Indian River County Board of County Commissioners is requesting Statements of Qualifications (SOQs) from professional engineering firms for design of the 45111 Street Milling and Resurfacing Project - 58th Avenue to 431d Avenue (IRC -1722 FDOT SCOP FM No. 436848-1). Detailed specifications are available from www.demandstar.com or by contacting the Indian River County Purchasing Division at (772) 226-1416, or p_urchasine(@irceov.com. Deadline for receipt of one original and five (5) copies of SOQs plus one (1) thumb drive or CD containing a full PDF of the SOQ to the Purchasing Division, 1800 27th Street, Building B, Vero Beach, Florida 32960 is by 2:00 p.m. Wednesday. December 6 2017 Initial screening, ranking, final ranking and negotiations will be in accordance with the Consultant Competitive Negotiation Act, F.S. 287.055. The Board of County Commissioners reserves the right to accept or reject any and all submittals and to waive all informalities. Publish: For Publication in the Indian River Press Journal Date: Sunday, November 5, 2017 Please furnish Tear Sheet, Affidavit of Publication, and Invoice to: Indian River County Purchasing Division 180027 th Street Vero Beach, FL 32960 Page 2 of 11 PURCHASING MANAGER INDIAN RIVER COUNTY Scope of Services 1. INTRODUCTION This project will entail design for the milling & resurfacing rehabilitation of the existing pavement section of 45th Street (North Gifford Road) between 58th Avenue and 431 Avenue; constructing five- foot paved bicycle lanes; constructing six-foot sidewalk and the placing of hot mix (superpave) asphalt. The length of the project is approximately 1.35 miles. The final design will include: 1. Milling of existing asphalt and resurfacing w/ hot mix asphalt (superpave). 2. Analysis and relocation of all existing above ground utility features, including coordination w/ utility owners. 3. Design of pavement markings, bicycle lanes, signage, and reflective pavement markers. 4. All existing intersections (including signalized intersections) containing sidewalk crossings shall be upgraded to current ADA requirements. 5. All necessary permitting. 6. Design of a Maintenance of Traffic Plan will not be included. All road work will be within the County and/or Drainage District right-of-way. The County will provide the existing condition topographical and right-of-way boundary survey of above ground features for the project. This is a Florida Department of Transportation (FDOT) Small County Outreach Program (SCOP) construction grant. Current FDOT Standard Specifications for Road and Bridge Construction shall be utilized in the design, as well as Indian River County Traffic Engineering Division Special Conditions for Right -of -Way Construction. Page 3 of 11 Submittal Instructions Professional Engineering Firms (Consultants) responding to this Request for Qualifications (RFQ) shall submit the following in their Statement of Qualifications (SOQ): Information to Be Submitted. Submit one marked original and five (5) copies plus one (1) thumb drive or CD containing a full PDF of your SOQ. SOQs must include and are requested to be organized as follows and (minimum 11 point font): a. A history a description of the range of services offered by of the Consultant. (1 page max) b. Summaries or biographies of the required Consultant Staff that will be assigned to the County. Include name, background, special skills, number of years with the firm and years of experience. Identify the Consultant's representative assigned to manage the County's project. (3 pages max) c. A detailed description of the Consultant's approach to successful completion of services such as those described within this RFQ. (1 page max) d. A description of expertise or unique capability Consultant can provide the County. (1 page max) e. Provide a projected timeline/schedule with the Consultant's methodology. (1 page max) f. References from municipalities Consultant has provided the similar services for in the last five years. Please provide contact name, phone number, email address and project name. g. Sworn statement on Disclosure of Relationships as per Section 105.08 of the Indian River County Code. Method of Selection: The County shall convene a Selection Review Committee of which the responsibility shall be as follows: a. Independently evaluate each Submittal. b. Independently rank each Submittal for meeting minimum qualifications in order of preference. c. As a "committee of the whole", develop a combined ranking order of all Submittals meeting minimum qualifications. The ranking of firms shall be done in the following manner: 1. Each member of the evaluation committee shall evaluate each firm by assigning a number of points for each criterion and then totaling the number of points for all criteria. Each committee member shall then rank the firms on the basis of the total number of points received for all criteria, with the firm receiving the most points being ranked # 1. 2. The rankings received by each firm from all committee members shall then be totaled and divided by the number of committee members, to produce an average ranking. 3. The firm receiving the lowest average ranking (i.e. closest to # 1) shall be ranked the # 1 firm, and the process repeated until all firms have been ranked according to their average ranking. In the event of a tie, the ranking of tied firms shall be determined by a comparison of the total number of points received by each firm from all committee members. The Review Committee may discuss their reasons for their individual rankings and members revise their rankings accordingly until the committee is satisfied with the rankings. 4. After interviews in an RFQ process, and based upon information learned during the interviews, each committee member may change his or her ranking of firms. The evaluation process shall continue until the evaluation committee declares the rankings final. d. The County may, solely at its own option, seek additional Statements of Qualifications with this or a similar RFQ in the event the County, solely at its own option, determines that the quantity and/or quality of Submittals received is insufficient to meet the County's needs and/or that award of a contract arising from this RFQ would not be in the public interest. Page 4 of 11 e. The Committee shall forward its recommendations in accordance with the ranking to the Indian River County Board of County Commissioners, which shall, at its sole option, authorize negotiations of a contract pursuant to the requirements of Florida law. f. The Indian River County Board of County Commissioners possesses sole authority to award a contract for the services sought herein. crlrerlarorAward: 11. Firm qualifications/capabilities and similar projects * 25 L.2- Staff qualifications * 15 3. Approach 10 4. Proposed Timeline 20 S. Cost Proposal 20 6. References 10 TOTAL 100 *In determining whether a firm is qualified, the Committee shall consider such factors as the ability of Professional personnel; whether a firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current and projected workload of firms; and the volume of work previously awarded to each firm by the agency, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selecting the most highly qualified firms. Page 5 of 11 General Instructions Cone of Silence. Potential respondents and their agents shall not communicate in any way with the Board of Commissioners, County Administrator or any County staff other than Purchasing personnel in reference or relation to this solicitation. This restriction shall be effective from the time of solicitation advertisement until the Board of County Commissioners meets to authorize ranking and/or award. Such communication may result in disqualification. Sealed Submittals and Envelope Markings: All responses shall be submitted in a sealed envelope or box. The outside of the envelope shall be clearly marked with the Consultant's Name and Return Address, Proposal #, Title, Date of opening, and Time of Opening. Opening Location: Responses must be received by the Purchasing Division at 1800 271h Street, Vero Beach, FL 32960, on or before the closing hour and date listed in the Request for Proposals. SOQs received after the stated time and date will not be accepted or considered. Submission: Submit one marked original and five (5) copies of your SOQ plus one (1) thumb drive or CD containing a full PDF of your SOQ. Taxes: Indian River County is exempt from any taxes imposed by State and / or Federal Government. Exemption Certificates, if required, are to be furnished by the successful Consultant and will be filled out by the County. Indemnification: The Consultant shall defend, indemnify and hold harmless the County and its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of applicable law by the consultants, or its employees, agents, subconsultants, or other persons or entities performing work under the contract. Public Access. The Consultant shall comply with Florida's Public Records Law in accordance with the provisions of Chapter 119, Florida Statutes. Specifically, the Consultant shall keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. The Consultant shall provide the public with access to public records on the same terms and conditions that the County would provide the records at a cost that does not exceed the costs provided in Chapter 119 or as otherwise provided bylaw. The Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. The Consultant shall 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. Public Entity Crimes: Pursuant to Florida Statutes Section 287.133(2)(a), all Consultants are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Page 6 of 11 Florida Statutes Section 287.017 for CATEGORY TWO [currently $35,0001 for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. Non -Discrimination: Indian River County will not knowingly do business with vendors or contractors who discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing services to the County, Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the County's Title VI/Nondiscrimination Coordinator through the office of the County Attorney. Local Preference: Indian River County has no local ordinance or preferences, as defined in FS 255.0991 (2) in place, therefore no preference prohibited by that section will be considered in the acceptance, review or award of this bid. Regulations: It shall be the responsibility of the Consultant to assure compliance with any OSHA, EPA and / or other Federal or State of Florida rules, regulations, or other requirements, as each may apply. Interpretations: No oral interpretations will be made to any Consultant as to the meaning of the RFQ documents. Every request for such an interpretation shall be made in writing, addressed and forwarded to Indian River County ( ten (10) or more days before the date fixed for opening of the RFQ. The County shall not be responsible for oral interpretations given by any County employee. Every Interpretation made to Consultants will be in the form of an Addendum, which if issued, will be sent promptly as is practical to all persons to whom RFQ documents have been issued. All such Addenda shall become part of the RFQ documents. Further, it shall be the responsibility of each Consultant, prior to submitting their SOO, to contact Indian River County's Purchasing Division at (772) 226-1416 to determine if addenda were issued and to make such addenda a part of their SOQ. Applicable Law and Venue: Contract(s) resulting from this RFQ and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida, including but not limited to the provisions of the Florida Uniform Commercial Code Chapters 671-679 F.S., for any terms and conditions not specifically stated in this solicitation and resulting agreement. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court forthe Southern District of Florida. Conflict of Interest: Any entity submitting a bid, proposal, qualifications or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or a County Employee. The relationship with a County Commissioner or a County Employee that must be disclosed is as follows: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. The disclosure of relationships shall be a Page 7 of 11 sworn statement made on a County approved form. Failure to submit the form will be cause for rejection of the bid or proposal. Prohibition Against Contingent Fees. If a contract is entered resulting from this request for qualifications, it shall include a prohibition against contingent fees statement, as required by FS 255.087. Right to Protest. Any actual or prospective responding Consultant who is aggrieved in connection with a competitive selection process may protest to the Purchasing Manager. The protest shall be submitted to the Purchasing Manager in writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. If the protest is not resolved by mutual agreement, the Purchasing Manager shall promptly issue a decision in writing, after consulting the Department and the Office of the County Attorney. Awards: The County reserves the right to cancel the solicitation, reject any and all SOCIs or waive any irregularity or technicality in submittals received, The County reserves the right to not make any award(s) under this solicitation. Termination by the County. The County reserves the right to terminate a contract by giving thirty (30) days notice, in writing, of the intention to terminate, if at any time the Consultant fails to abide by or fulfill any of the terms and conditions of the contract. The County also reserves the right to terminate this contract for convenience of the County and / or with or without cause. Compliance with Laws and Regulations. Consultant agrees that they will comply with all Federal, State, and Local Laws and Regulations applicable to the production, sale, and delivery of the goods or the furnishing of any labor or services called for by this solicitation and resulting agreement, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference. Noncompliance may be considered grounds for termination of contracts. Insurance: The Consultant shall provide, prior to execution of the contract, the insurance required under this section for approval by the County. Firm's insurance shall be primary. The County shall be named as an additional insured for both General Liability and Automobile Liability. The awarded firm shall maintain the following limits of insurance during the term duration of this agreement. 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 General Aggregate $500,000 Combined Single Limit $500,000 Automobile Liability—Combined Single Limit $500,000 Worker's Compensation as required by the State of Florida Each accident $100,000 Each Disease — Each employee $100,000 Each disease — policy limit $500,000 Page 8 of 11 Professional Liability Insurance $1,000,000 per occurrence $2,000,000 aggregate combined single limit $5,000 maximum deductible per claim The policy shall cover the firm, all employees, and/or volunteers, and all independent contractors, subcontractors and professional contractual persons hired or retained by contractor. 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. The insurance policies procured shall be "Claims Made" policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Agreement. 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. Indian River County reserves the right to accept or reject any or all proposals In whole or in part and waive all any technicality or Irregularity. Page 9 of 11 awuKN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2018012 for 45u' Street Pavement Milling and Resurfacing Project — 58u' Avenue to 43rd Avenue-(IRC- 1722) venue(IRC 1722) (FDOT SCOP FM No. 434848-1) 2. This sworn statement is submitted by: (Name of entity submitting Statement) whose business address is: and its Federal Employer Identification Number (FEIN) is 3. My name is (Please print name of individual signing) and my relationship to the entity named above is 4. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister- in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Page 10 of 11 Neither the entity submitting this sworn statement, nor any officers, directors, executives, Partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner or entity Relationship or employee (Signature) (Date) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20___, by_ who is personally known to me or who has produced as identification SIGN: PRINT: (Seal) Page 11 of 11 NOTARY PUBLIC Notary Public, State at large MY Commission Expires: Indian River County Purchasing Division 180027 th Street Vero Beach, FL 32960 Phone (772) 226-1416 ADDENDUM NO. 1 Date: November 27, 2017 Project Name: 45th Street Milling and Resurfacing Project — 58th Avenue to 43rd Avenue RFQ Number: 2018012 RFQ Opening Date: Wednesday, December 6, 2017 at 2:00 p.m. This addendum is released to provide clarification. All information provided herein is hereby incorporated into the Invitation to Bid documents. NO FURTHER QUESTIONS WILL BE ADDRESSED. All Bids must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will not be opened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. 1. Question: Can you provide a dwg file copy (autoCADD) of the County's topographic/boundary survey for this project? Answer: The County will provide topographic/boundary survey to selected consultant. 2. Question: Will the County be providing geotechnical services through one of the County's geotechnical consultants or are we to include geotechnical services as part of the scope? Answer: No. The County has obtained a pavement design and will provide to the selected consultant. Geotechnical services are not to be included in the scope of work. 3. Question: Will the County be responsible for the paperwork and coordination with FDOT relative to the SCOP grant? What is expected of the consultant relative to the grant? Answer: Yes. The County will be responsible for all grant related paperwork. Page 1 of 2 B:\2017-2018 FY (2018000)\2018012 RFQ for 45th Street Resurfacing\IRC-1722 Addendum l.docx 4. Question: The existing signals at the intersections of 45th Street with 43rd Avenue and with 58th Avenue are span wire. Does the scope include upgrading the signals to mast arms? Answer: No. The scope of work does not include upgrading traffic signals. S. Question: Does the County have the right-of-way required for the proposed improvements? If not does the County plan to obtain additional right-of-way? Are right-of-way maps available? Answer: Yes. The County has adequate right-of-way required for proposed improvements. Any right-of-way maps will be provided to the selected consultant. 6. Question: Under Evaluation Criteria, you have points distributed for Cost Proposal (#5). Can you please clarify what you mean by that and what the Consultant has to provide to receive the maximum point value? Answer: The evaluation criteria was intended to score the cost effectiveness of the proposed design, with respect to the anticipated construction and long term maintenance costs. The firms will be graded on how they identify potential project risks within the limits of the design area, how the Engineer intends to minimize these risks and any potential Value Engineering approaches that the firm may have with respect to the project. Other additional considerations under this category will be if the firms identify practices, innovative approaches, or means and methods which could create potential long term savings to the County with respect to the maintenance of the project. Information to be submitted and evaluation criteria have been modified to clarify. Please see the attached replacement pages 4 and 5 of the RFQ. Attachment: Replacement pages 4 and 5 of Request for Qualifications 2018012 *************This Addendum must be acknowledged on the bid form and/or by return of this Acknowledgement with your SOQ************ Company Name Name: (Type / Printed) Authorized Signature: Telephone: Title: Email: Page 2 of 2 B:\2017-2018 FY (2018000)\2018012 RFQ for 45th Street Resurfacing\IRC-1722 Addendum l.docx Date: Submittal Instructions Professional Engineering Firms (Consultants) responding to this Request for Qualifications (RFQ) shall submit the following in their Statement of Qualifications (SOQ): Information to Be Submitted: Submit one marked original and five (5) copies plus one (1) thumb drive or CD containing a full PDF of your SOQ. SOQs must include and are requested to be organized as follows and (minimum 11 point font): a. A history a description of the range of services offered by of the Consultant. (1 page max) b. Summaries or biographies of the required Consultant Staff that will be assigned to the County. Include name, background, special skills, number of years with the firm and years of experience. Identify the Consultant's representative assigned to manage the County's project. (3 pages max) c. A detailed description of the Consultant's approach to successful completion of services such as those described within this RFQ. Specifically identify cost saving measures your design will consider and/or incorporate. (4-3 pages max) d. A description of expertise or unique capability Consultant can provide the County. (1 page max) e. Provide a projected timeline/schedule with the Consultant's methodology. (1 page max) f. References from municipalities Consultant has provided the similar services for in the last five years. Please provide contact name, phone number, email address and project name. g. Sworn statement on Disclosure of Relationships as per Section 105.08 of the Indian River County Code. Method of Selection: The County shall convene a Selection Review Committee of which the responsibility shall be as follows: a. Independently evaluate each Submittal. b. Independently rank each Submittal for meeting minimum qualifications in order of preference. c. As a "committee of the whole", develop a combined ranking order of all Submittals meeting minimum qualifications. The ranking of firms shall be done in the following manner: 1. Each member of the evaluation committee shall evaluate each firm by assigning a number of points for each criterion and then totaling the number of points for all criteria. Each committee member shall then rank the firms on the basis of the total number of points received for all criteria, with the firm receiving the most points being ranked # 1. 2. The rankings received by each firm from all committee members shall then be totaled and divided by the number of committee members, to produce an average ranking. 3. The firm receiving the lowest average ranking (i.e. closest to # 1) shall be ranked the # 1 firm, and the process repeated until all firms have been ranked according to their average ranking. In the event of a tie, the ranking of tied firms shall be determined by a comparison of the total number of points received by each firm from all committee members. The Review Committee may discuss their reasons for their individual rankings and members revise their rankings accordingly until the committee is satisfied with the rankings. 4. After interviews in an RFQ process, and based upon information learned during the interviews, each committee member may change his or her ranking of firms. The evaluation process shall continue until the evaluation committee declares the rankings final. d. The County may, solely at its own option, seek additional Statements of Qualifications with this or a similar RFQ in the event the County, solely at its own option, determines that the quantity and/or quality of Submittals received is insufficient to meet the County's needs and/or that award of a contract arising from this RFQ would not be in the public interest. Page 4 of 11 e. The Committee shall forward its recommendations in accordance with the ranking to the Indian River County Board of County Commissioners, which shall, at its sole option, authorize negotiations of a contract pursuant to the requirements of Florida law. f. The Indian River County Board of County Commissioners possesses sole authority to award a contract for the services sought herein. Criteria for Award: EVALUATION CRITERIA EVALUATION POINTS MAXIMUM 1. Firm qualifications/capabilities and similar projects * 25 2. Staff qualifications * 15 3. Approach 10 4. Proposed Timeline 20 5. Cost PFOpe5a4-effectiveness of Design 20 6. References 10 TOTAL 100 *In determining whether a firm is qualified, the Committee shall consider such factors as the ability of professional personnel; whether a firm is a certified minority business enterprise; past performance; willingness to meet time and budget requirements; location; recent, current and projected workload of firms, and the volume of work previously awarded to each firm by the agency, with the object of effecting an equitable distribution of contracts among qualified firms, provided such distribution does not violate the principle of selecting the most highly qualified firms. Page 5 of 11 Statement of Qualifications yty"EA, r ''2 Indian River County RFQ # 2018012 ��'ioRto 45th Street Milling and Resurfacing ro'� P'ect- th rd 58 Avenue to 43 Avenue IRC -1722 (FDOT SCOP FM No. 436848-1) December 6, 2017 Submitted by: EXH1131TIB �j MASTELLER & MOLER, INC. M 1 — CONSULTING CIVIL ENGINEERS — with: Kimley Morn Indian River County RFQ # 2018012 45th Street Milling and Resurfacing Project — 58th Avenue to 43rd Avenue IRC -1722 (FDOT SCOP FM No. 436848-1) MH C. PROJEC1 APPROACH * Indian River Coun 45th Street Milling & RFQ # 2018012 a. History & Range of Services Since 1985, Masteller & Moler, Inc. (MM) has been in operation as a successful consulting engineering firm. The firm's owners, Earl H. Masteller, P.E., BCEE, President and Stephen E. Moler, P.E., Vice President are both professional engineers registered In Florida. Together, Mr. Masteller and Mr. Moler offer over eighty-four (84) years of municipal engineering experience. The firm's principals founded the firm with the goal of maintaining a "hands on" approach to providing engineering services. Specifically, by design, the size of the firm has been maintained to allow for at least one of the principals to be intimately involved with each project. The size of the firm allows the principals to be involved directly with each of its staff members. Since opening for business the firm has been involved with multiple roadway projects including the following: • IRC County Route 512 Four Lane Widening (Roseland Road to 1-95) • IRC 17th Lane SW Roadway Improvements (27th Avenue west) • 16th Street Two -Lane Roadway Improvements (74th Avenue to 82"d Avenue) • City of Sebastian Powerline Road (CR512 to Main Street) • IRC 49th Street / Old Dixie Highway Turn Lane Improvements • Viera Murrell Road Extension (near Wickham Road to Bathes Boulevard) MM offers the following types of consulting civil engineering services to both private and municipal clients: • Feasibility Studies • Master Planning • Cost Estimating • Site Planning • Subdivision Design • Stormwater Management Reports • Roadway Designs • Sewage Pumping Station Design • Water Treatment Plant Design • Potable Water System Design • Wastewater Treatment Plant Design • Wastewater System Design • Reuse Water Systems Designs • Stormwater Management Designs • Pipe Network Modeling • Construction Observation Services • Permitting Application Services • Contract Bidding/Award Services The successful execution of various public works projects has earned us a reputation for producing cost effective, quality projects which meet or exceed operational objectives. Our firm can provide you with cutting edge high quality engineering based on years of experience providing services to both private sector and government clients. In addition to the conventional solutions, our firm exercises creativity to develop innovative resolutions to complex problems in our projects approach with the bottom line being the best economical solution that will reflect quality, reliability, and long usefulness of in the final project. Over the years we have excelled in recognizing needs and finding common sense, cost-effective solutions. Masteller & Moler has the experience and expertise to perform due diligence, develop concept and construction plans, and obtain the approvals and permits necessary to take this project from vision to reality. This RFQ contains a statement which caught our eye; "...with the object of effecting an equitable distribution of contracts among qualified firms..." In response to that consideration we have researched the number of projects assigned to MM by Indian River County for the past four (4) years. It is interesting to note that we have been assigned only one (1) roadway project during that period of time. To show how unbalanced the distribution of local roadway projects has been we offer the following information: Kimley-Horn (Branch Office) $537,314 Bowman (Out of County) $206,546 MBV (Vero Office) $171,680 Masteller & Moler (Main & Only Local) $ 75,675 We are qualified and experienced to perform the engineering services for this project and respectfully request that Masteller & Moler, Inc. be rewarded with your selection for this project. =1V AJ I ELLEK 4K f"OLE INC. a. RANGE OF SERVICES ( PAGE 1 M ^1 CONSULTING CML ENGINEERS — 'Indian River County 45th Street b. Summaries or Biographies of Consultant Staff Assigned & Resurfacin RFQ # 2018012 This section includes the pertinent information on the Consultant Staff both Primary Consultant and the Sub -Consultants that will be assigned to the "45th Street Milling & Resurfacing Project". Masteller & Moler, Inc. will be the Prime Consultant and Civil Engineer; staff that will be assigned to this project are: Stephen E. Moler, PE, Vice President will be the Prime Engineer and Primary Contact Earl H. Masteller, PE, BCEE, President will perform Quality Control; Justin Hamel, ACAD Designer will perform the ACAD Plans Preparation; Sean Green, ACAD Designer will perform Quantity Takeoffs Kimley-Horn and Associates, Inc. will be the Signal and Structural Engineer; Brian Good, PE, Signalization Design Consultant will be assigned to this project. Resumes for the key individuals detailing their qualifications and experience are included within this section of the following pages. I'� 7b I E l�ALLLK QL MULE IJVU. b. STAFF I PAGE 1 m — CML ENGINEERS — '"_ Indian River MA MASTELLER & MOLER, INC. M I — CIVIL ENGINEERS 45th Street Milling & Resurfacin STEPHEN E. MOLER, PE Vice President REGISTRATION: Professional Engineer, FL (1983) Professional Engineer, NJ (1983) LEED Green Assoc. (2011) EDUCATION: University of Delaware, BS Civil Engineering (1978) Florida Institute of Technology, MBA (1990) EMPLOYMENT: Masteller & Moler, Inc. (35 yrs) Sippel, Masteller, Lorenz & Hoover, Inc. (5 years) Mann Talley, Inc. (1 year) ORGANIZATIONAL INVOLVEMENT National Society of Professional Engineers Florida Engineering Society American Water Works Association (AWWA) Professional Services Advisory Committee of IRC Past Director, Homeless Coalition of Indian River County Past Vestry Member, Trinity Episcopal Church RFQ # 2018012 Over the past thirty-four (34) years, Mr. Moler has been involved as a Project Manager and Engineer -of -Record leading the design and construction administration for numerous projects for both municipal and private clients. Project responsibilities have ranged from performance of project concept planning and feasibility studies, site civil engineering design, preparation of construction contract plans and specifications, bid documents, bidding and award assistance, regulatory permitting, construction contract administration, and project close-out. Mr. Moler's design expertise includes review and understanding of site data including boundary & topographic surveys, land use / zoning criteria, soils investigations, flood maps and wetlands / endangered species reports, development of conceptual designs, roadway improvements construction plans, preparation of pre -development and post -development stormwater runoff calculations, development of site grading plans including stormwater collection and retention/detention systems, design of sanitary wastewater collection systems including gravity sewer mains, manholes, laterals, sewage lift stations and force main systems, design of potable water systems including storage & pumping facilities, transmission mains, and distribution systems. Importantly, much of Mr. Moler's experience on projects has involved construction along existing developed corridors. Mr. Moler has been involved in many roadway improvements projects. Examples of projects on which Mr. Moler performed project management services include but are not limited to the following: • Powerline Road Extension • County Road 512 Four -Lane Expansion • 49"' Street / Old Dixie Highway Turn -Lanes • 16th Street Two -Lane Roadway Improvements • IRC 17th Lane SW Roadway Improvements As Vice President of Masteller & Moler, Inc., Stephen E. Moler is in charge of daily operations including reviewing drawings, reports, and information provided to maintain quality control. Mr. Moler coordinates on a daily basis with the design staff on the status of all the projects. Mr. Moler's knowledge and dedication will be an asset to the Project. LmMASTELLER & MOLER, INC, b. STAFF I PAGE 2 Ir M - CIVIL ENGINEERS - Indian River Cou Kimley >> Horn Brian Good, P.E. Signal Design Relevant Experience: 45th Street Mil 45th Street/US Highway 1 Roadway and Signalization Improvements, Vero Beach, FL— Project manager. Kimley-Horn provided Indian River County with design and permitting of 0.5 miles of roadway widening, railroad crossing, and FDOT signal modifications. The project also includes signing and pavement marking plans, drainage design and permitting, utility coordination, and signalization plans. Streetscape for SR 60 and 58th Avenue, Indian River County, FL— Project manager for Kim ley -Horn team providing streetscape services forth is project that involves widening a prominent intersection in Indian River County from four lanes to six lanes by adding turn lanes. This high-profile intersection has limited right of way; because of the limited right of way, streetscape and landscape opportunities will be somewhat limited as well. A joint venture with private and public property owners will be necessary to make improvements to the streets, which belong to both entities. Kings Highway and Indrio Road Intersection Improvements, St. Lucie County, FL— Project manager for Kimley-Horn team designing plans to widen the Kings Highway and Indrio Road Intersection geometry consistent with the Florida Department of Transportation Indrio Road PD&E buildout design. Design includes complete reconstruction of the intersection, implementation of a stormwater management system, assessment of impacts to a large canal, and signalization. Airport Drive Access Road Improvements, Vero beach, FL- Project manager for the widening of Airport Drive between Atlantic Boulevard and Cherokee Drive. The scope of this work entails widening Airport Drive to include bicycle lanes, the design of pedestrian facilities, roadway design, landscaping enhancements, and coordination with local property owners to include the Vero Beach Municipal Airport and Indian River Farms Water Control District. Miscellaneous SR AlA and CR 510 Roadway Improvements, Indian River County, FL— Project manager involved in the design of seven separate auxiliary turn lane improvements to SR AlA and three auxiliary turn lane improvements to SR 510. The improvements were developed with the County based upon their capacity related benefits. The scope of services included survey, roadway design, wetland impact mitigation, and permitting. Due to the varied locations associated with the projects, multiple permit applications were made to SJRWMD and FDOT. This project required extensive coordination with Indian River County Public Works Department, SJRWMD, Indian River Mosquito Control, and FDOT. RFQ # 2018012 Special Qualifications • Has 21 years of experience related to transportation design projects, including roadway geometric design, hydrologic and hydraulic analyses, plans preparation, and bridge hydraulics ■ Has performed drainage designs and provided solutions for transportation, aviation, residential, and retail projects ■ Stormwater management experience includes hydrological and hydraulic analysis on drainage basins and floodplains from 10 to 50,000 acres, floodway analysis on Federal Emergency Management Agency (FEMA) regulated floodways, and bridge hydraulic backwater analysis for numerous Florida Department of Transportation (FDOT) structures Professional Credentials ■ Bachelor of Science, Environmental Engineering, University of Central Florida ■ Professional Engineer in Florida, #56939, February 15, 2001 Professional Organizations ■ American Society of Civil Engineers (ASCE), Member & California Water Environment Association, Member ■ Toastmasters International =a 1V1AJ 1 ELLER aL IVIOLLK INC. b. STAFF I PAGE 3 M - CNIL ENGINEERS - Indian River 45th Street Milling & RFQ # 2018012 c. Project Approach Kickoff Meeting: Following issuance of a Notice to Proceed, Masteller & Moler, Inc. (MM) shall coordinate the scheduling of a Kickoff Meeting to discuss the specifics of this project. At the Kickoff Meeting, we expect to confirm various design parameters to be applied to the project through a Preliminary Design Statement. The Preliminary Design Statement will contain a Typical Section to be used for the project based on an appropriately selected design speed. It is understood the County will provide the preferred paving cross- section based on the County's geotechnical consultant's recommendation. Route Survey Review: It is understood the County will provide the Route Survey for the project as was the case for the design services we provided for 49th Street / Old Dixie Highway / U.S. Highway # I turn lane improvements. Following receipt of the route survey, MM will review its contents in the field to confirm all conditions have been accurately depicted. If necessary, we will coordinate with the County Surveying Department to request additional information that may be needed or is essential for completion of the project design. MM shall use the Route Survey provided by the County to create Base Plans for the project. In preparation for submittal of this Statement of Qualifications, we have visited the project site no less than five (5) times to familiarize ourselves with the apparent existing conditions. The existing corridor generally contains a two (2) lane roadway with Type F curbing along the south edge of pavement and a four (4') wide shoulder along the north edge of pavement. Existing, mostly wood poles supporting aerial utilities are situated extremely close to the north edge of shoulder. Existing Utility Coordination: MM shall coordinate directly with utility providers along the project route to gain appropriate information as to the location of both aboveground and underground existing facilities along the project route. We are aware the route contains County Utilities Department potable water, gravity sewer (designed by MM), Florida Power & Light electric, and various communication providers. The locations for these facilities will be depicted on the Base Plans for the project based on as -built information to be provided by the specific utilitv providers. Schematic Design Plans Preparation: Utilizing the Route Survey information from the County, MM shall develop a Schematic Design depicting the proposed horizontal alignments for the 45th Street Milling and Resurfacing Project. MM will develop existing cross-sections and superimpose the proposed typical cross- section at each location. Using the drawn sections followed by field review, we will be able to discern what, if any, grading issues may need to be worked out to assure proper transitions to existing grade and clear zones. MM has already completed a detailed onsite review of the field conditions along the project route. As stated above, the existing roadway contains a two (2) lane roadway with Type F curbing along the south edge of pavement and a four (4') wide shoulder along the north edge of pavement. In order to minimize construction costs, we anticipate using an economical Typical Section that maintains the alignment of the existing south edge Type F curb and expands the paving six (6') feet to the north to accommodate the width required to provide two (2) five (5') foot wide bike lanes. The entire roadway will remain sloped to the CIVIVI M 1�uiJ 1 LL ENGINEERS ERS 1RSVLL' K itvL. C. PROJECT APPROACH PAGE 1 M^^� ff. .1w, Indian River Cou 451h Street Milling & ecf RFQ # 2018012 north. The existing shoulder paving cross-section will need to be analyzed to confirm its structural value. If the structural value is not sufficient, the shoulder pavement section will need to be removed and re- constructed. In order to meet clear zone requirements and to develop a safe corridor, the existing utility poles along the north side of the edge of pavement will need to be moved further north. A new six (6') foot or eight (8') foot wide sidewalk will be proposed with its south edge a minimum of eleven (11') feet from the travel lane, or further if right-of-way limits allow. The above-described Typical Section is based on the assumption the County will have adequate right-of-way for a northerly expansion. There may be locations where guardrail may be recommended between the south curb and the IRFWCD Sub -lateral ditch if the separation distance is deemed not adequate. The Typical Section described above will undoubtedly need to be modified at certain locations, such as along the frontage of Jackie's Food Mart where the proximity of the existing structure is close to the existing 45th Street paved roadway. It is anticipated an urban section will be required at these locations to allow the sidewalk to be placed directly at the curb line to economize space. As stipulated in the RFQ, we shall design appropriate sidewalk landings compatible with ADA codes at the 45th Street intersections with 43rd Avenue and 58th Avenue, as well as at other intersecting local streets along the route. MM has identified several conditions that will need to be dealt with along the project route. Our observations of specific points of interest along the route of the project are presented as follows: A. At the southwest corner of 45th Street and 43rd Avenue, sidewalk exists on the west side of 43`d Avenue and terminates just south of the IRFWCD sub -lateral. As part of this project, we will design for the extension of said sidewalk to connect to the sidewalk crossings to be created at the intersection. The extension of the sidewalk may require the installation of additional storm culverting. Curbing shall be aligned to allow for future extension of a bike lane to the south and north of the intersection. B. On the north side of the edge of pavement there are several locations where drainage swales / ditches exist to close proximity. At these locations the swales / ditches may need to adjusted further north and/or be culverted. C. There are several businesses along the north side of the project route that have wide driveway access connections to 45th Street. If possible, our designs shall provide for improving the access points into said facilities. D. In addition to the utility poles set in close proximity to the north edge of pavement, there are several fire hydrants close to the pavement as well. The fire hydrants will need to be designed to be moved further north to a safe location. E. At the 58th Avenue intersection, the south edge of the eastbound travel lane of 45th Street, west of 58th Avenue is approximately three (3') feet north of the south edge of 45th Street, east of 58th Avenue. Our proposed Typical Section will place the south edge of the east travel lane two (2') feet to the north of the existing south edge of travel lane, west of 58th Avenue. We anticipate modifying a portion of 45th Street, west of 58th Avenue to accommodate a future westerly extension of bike lanes and sidewalk. F. We shall coordinate with the Senior Resource Association to assure the existing GoLine stops along the route are safely integrated into the project. --A 1VIAJ 1 ELLEK & 1VIOLEK INC. C. PROJECT APPROACH ) PAGE 2 M - CIVIL ENGINEERS - Indian River County 45th Street RFQ # 2018012 MM shall review the proposed locations of improvements to determine if any right-of-way needs to be acquired to support the project construction. The limits of any right-of-way needs will be depicted on the Schematic Design Plans. The Schematic Design Plans will also depict the location for any drainage improvements expected to be required to maintain existing drainage patterns, including culvert extensions and other conveyance systems. It is anticipated the roadway widening and/or the drainage improvements may cause the need for underground utility adjustments. We shall analyze our designs to develop solutions to minimize the need for utility adjustments where possible. Regardless, it is expected certain utility features such as valve boxes, manhole lids, and vaults may need to be vertically adjusted to coincide properly with final design grades. At this stage MM shall confirm the project's permitting requirements with St. Johns River Water Management District (SJRWMD), Indian River Farms Water Control District (IRFWCD), and Army Corps of Engineers (ACOE). As the project involves adding shoulders to an existing roadway which do not include additional full lane additions, it is anticipated the SJRWMD permitting will not involve treatment and / or attenuation of runoff requirements as the project will be eligible for permit exemption. MM shall meet with County Staff to review the Schematic Design Plans to confirm we are on task and schedule. We shall also modify the Schematic Design Plans to incorporate input from County Staff and permitting agencies. Preliminary Design Plans Preparation: Following acceptance of the Schematic Design Plans, MM shall advance the design to a Preliminary Design level. This shall include pre -final horizontal and vertical designs for all roadway widening work, turn lane improvements, drainage improvements, and signalization modifications (if required). In addition, if necessary we shall identify any required utility adjustments that may need to be made to accommodate the project's roadway improvements. MM shall meet with County Staff to review the Preliminary Design Plans to confirm we are on task and schedule. We shall also modify the Preliminary Design Plans to incorporate input from County Staff and permitting agencies. Permitting: Once the design has sufficient detail to describe the proposed work, MM shall initiate the permitting process. We anticipate coordinating with the following non -County agencies to request permits and/or exemptions to authorize construction of the project: St. Johns River Water Management District (SJRWMD) Exemption Indian River Farms Water Control District (IRFWCD) Drainage Connection Permit(s) United States Army Corps of Engineers (USACOE) Nationwide Permit(s) Signal Design Plans: It shall be our goal to minimize or eliminate modifications to existing signals if possible. It is understood if modifications are needed, the modifications will not include upgrading the supports to mast arms. During the Preliminary Design Phase the designs for any required signal modifications at either 45th Street & 58th Avenue (Kings Highway) intersection or 45th Street & 43`d Avenue intersection will commence through the efforts of Brian Good of Kimley-Horn. Brian has performed numerous signal designs in Indian River County and is well aware of the County's Standards. Final Design Plans Preparation: In order to finalize the project design, MM shall revise the Preliminary Design Plans to create the Final Construction Plans containing revisions to address both County review comments and non -County permitting agency comments. It is suggested the Final Plans include notes requiring the selected contractor to video the entire route prior to construction start to document the pre -construction conditions. M M - CML ENGINEERS - INC. c. PRomcr APPROACH I PAGE 3 ' Indian River Co 45th Street d. Expertise &Unique Capability 8� RFQ # 2018012 Masteller & Moler, Inc. as listed previously herein has prepared construction plans for numerous new roadways and expansions to existing roadways including: CR 512 Expansion to Four Lanes (Roseland Road to 1-95), Murrell Road (Viera Development — Wickham to Barnes Boulevard), Powerline Road (City of Sebastian), and IRC 17th Street SW (west of 27th Avenue - for Millstone Landing). Masteller & Moler, Inc.'s office is situated directly adjacent to the County Administration Complex. No firm has the ability to respond faster due to our close proximity to County offices. In preparation for this RFQ submittal, we visited the site no less than five (5) times to familiarize ourselves better with the project route conditions. As a result of our headquarters being situated in close proximity to the site, the County can rest assured our familiarity with the route will not be limited by an excessive drive time. Masteller & Moler, Inc. (MM) has assembled a team of specialists to execute this project. MM has the expertise to develop the Roadway Construction Plans for the project. In the event it is determined signal adjustments will be needed to accomplish this project, we will have the direct support of Kimley Horn & Associates. Our attention to detail and creation of clear and concise plans will allow the County to obtain highly competitive bids for this project with little chance for change orders during the project's construction. Our team, which includes Brian Good of Kimley Horn, gives us the most experienced signalization design consultant familiar with Indian River County's traffic signalization standards and operations. MM has worked with Brian on numerous projects over the past decades including Grand Harbor and Indian River Medical Center. As a result of our having performed work for Indian River County for the last thirty (30) years including the Gifford Regional Wastewater Collection System and Pumping Facilities project, we are quite familiar with the County's existing utilities systems along the project route. We have long term relationships with numerous reputable roadway contractors that will be interested in bidding this project. As a result of our relationships, we are able to make certain our designs are cost efficient and are buildable. Often Contractors have excellent ideas as to the best methods to be employed to accomplish roadway construction. We use these relationships to develop construction plans that will allow for competitive bidding and to eliminate or reduce change orders. Community Involvement As stated herein, we performed the Gifford Regional Sewer Project many years ago. During that project's design phase, we were involved in public presentations of the design to the community. Although this project is not as complex, we would be pleased to be involved with such a public outreach plan if deemed needed by the County. J MASTELLER & MOl M - CML ENGINEERS - d. UPERTISE & UNIQUE CAPABILITY I PAGE 1 bwRan Rium County 45h Skeet MNinO d Rmwfelckp Prgecf RFO t 2DIOD12 This Protected Tl."-/s.k.&"I. intended to Mdud. Ne Proym'a Metro Deslen Phasus kMudkq Schematk Deebl Ph— I30%Pkne7, Pm11Mnnry D.slpi Phase (0076 Pkosl Pern*tbL AM Real Dodge Phan DIM Pins). We hma alb IdrOW Imponant.thatek—a s such As the A. Meatiry rd PmltMeam De.be 3.%mer4bothfAhkhart .esuntiW b seta waporioundetl.n for the main egad • This schedule In, be --plated in tiw ebseme da re.WrN d.YNn / permitting duration dmW dby the County. If the profed Mads to be oanepteted n a lifter pace, we hasu the ebft b wlei— the d.sjn pmce.a b m.aty.ur sclydYNd needs that "'N d by the Fbor. Sm.N county OutmaN ftg— (SCOP). • Fedlm.ing the CwMktkn of the 3DM, 90X, AM 10DD Plrm, Mshall meet with County maO b pr.senl the work completed m e.te ease ro.ewm tiro d.Wa wagmea ben adeadW. • yao WIN cote we I.w --b.dy aMwn fter"m..am fP dk U.h orecemegoamdc.emte ertNMsdoners tem apw.Yad o Contract fortheproWl's—iffift samlxs. 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Ne Proym'a Metro Deslen Phasus kMudkq Schematk Deebl Ph— I30%Pkne7, Pm11Mnnry D.slpi Phase (0076 Pkosl Pern*tbL AM Real Dodge Phan DIM Pins). We hma alb IdrOW Imponant.thatek—a s such As the A. Meatiry rd PmltMeam De.be 3.%mer4bothfAhkhart .esuntiW b seta waporioundetl.n for the main egad • This schedule In, be --plated in tiw ebseme da re.WrN d.YNn / permitting duration dmW dby the County. If the profed Mads to be oanepteted n a lifter pace, we hasu the ebft b wlei— the d.sjn pmce.a b m.aty.ur sclydYNd needs that "'N d by the Fbor. Sm.N county OutmaN ftg— (SCOP). • Fedlm.ing the CwMktkn of the 3DM, 90X, AM 10DD Plrm, Mshall meet with County maO b pr.senl the work completed m e.te ease ro.ewm tiro d.Wa wagmea ben adeadW. • yao WIN cote we I.w --b.dy aMwn fter"m..am fP dk U.h orecemegoamdc.emte ertNMsdoners tem apw.Yad o Contract fortheproWl's—iffift samlxs. Prior b the M.*. to Proceed we Inked to hrate the PmRmkm Dasjn3tatameataM Typk.1 Crosesadl.. as ang into Ud Preparation dgasu mens lndudnNeakteydrNe.. "ISN -41-1 to Net. jump.. the yrejad bcompmsNe time of wnepktloa. • We IW.rd,.s Mth.N Prola.m, to sten aR teaks m ndh po alble m the Plem prod -Um preresa. This statemeW e.taMsta.w.0 mnstdtntau-N. We mala a point of being dWVnt upon oum I eA m -0 as o.r bbtrco U.b to adh— to the adopted end aWood up.n completlen . dwdule. LU oASiffi7. m I MOLI< mc (" Irl-cMlEfephwra- e. RtbMct® TraRE I Satmeaa I PME I Indian River County 45th Street f. References 8� RFQ # 2018012 Masteller & Moler, Inc. is pleased to provide the following municipalities references we have provided similar services for in the last five years. Powerline Road Extension: City of Sebastian Former City Manager and Project Manager Al Minner (Currently City Manager of the City of Leesburg) Phone: (352) 728-9786, extension 1100 Email: CityManager@LeesburgFlorida.gov 49th Street / US Highway #1 Intersection Improvements (IRC Proiect No 1412): Indian River County Former County Engineer Richard B. Szpyrka, PE (Currently Public Works Director) Phone: (772) 226-1379 Email: RSzpyrka@ircgov.com Kimley-Horn is pleased to provide the following municipalities references we have provided similar services for in the last five years. Oslo Roadway Phase I Widening (Includes Phases I & II ROW Mapping): Indian River County Utilities Capital Improvements Projects Manager Arjuna Weragoda, PE Phone: (772) 226-1821 Email: AWeragoda@ircgov.com Ocean Drive & Beachland Blvd. Intersection Improvements: City of Vero Beach Public Works Director Monte K. Falls Phone: (772) 978-4870 Email: PW@covb.org w N ASTELLER dpi MOLER INC. f. References I PAGE 1 M I N CIVIL ENGINEERS — A . Indian River County 45th Street RFQ # 2018012 d. Disclosure of Relationships & Licenses SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2018012 for 4Sth Street Pavement Milling and Resurfacing Project — S8th Avenue to 43rd Avenue (IRC 1722) (FDOT SCOP FM No. 434848-1) 2. This sworn statement is submitted by: Masteller & Moler, Inc. (Name of entity submitting Statement) whose business address is: 1655 27th Street, Suite 2, Vero Beach Florida 32960 and its Federal Employer Identification Number (FEIN) is 59-2538792 3. My name is Stephen E. Moler. PE (Please print name of individual signing) and my relationship to the entity name above is Vice President 4. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister- in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Page 10 of 11 M1 - CIVIL ENGINEERS - g. DISCLOSURE & LICENSES I PAGE 1 Indian River 45th Street 0 RFQ # 2018012 X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate or entity STATE OF Florida Name of County Commissioner or employee Relationship is (Signature) 2 (Date) COUNTY OF Indian River �f+- The foregoing instrument was acknowledged before me this." a day of �C'&A( f- 20_LZ by _ Stephen E. Moler w�sonally know to me r who has produced as identification. Mj MASTELLER & MO] M - CIVIL ENGINEERS - NOTARY PUBLIC Y� SIGN: tiyt a� PRINT: Notary Public, State at large My Commission Expires: jalOq/i8 (Seal) CINDY L. BASS C"Wissim # FF 174661 ExPka Decm*v9, 2018 Page 11 of 11""mew " g. DISCLOSURE & LICENSES I PAGE 2 Indian River County 45m Street Milling & State pf� Florida Board of Proi inn al Engineers Aetsacs that & Mojer, Ince �I 7 Is authorized under the provislaoaof setlata , to offer ettgbtaedag sarvices to the public through a Professional Rallianet, ugdo Chapter 471, Florida Statutes. Expiation: 2/21/2119 CA Lic. No: Audit No: 226201901779 u i , , State of Florida Board of Professional Engineers Attests that Stephen Edwin Moler, , P.E. Is licensed w a Profewional Engineer under Chapter 471, Florida Statutes Expiation: 2/-n/20M P.E. tic. No: Audit No: 2212019U095 R t °? State of Florida Board of Professional Engineers Attests that Kimley-f4rn & Associates, Inc. AA[ B;Itl. Is authorized under the provisians of Sectlaa 4 Itstutes, to offer engineering services to the public through a Protasiong Esyiaeer, d ander Chapter 471, Florida Statutes. Expiration: 2/21/2019 CA Lic. No Audit No: 228201901966 R W4. State of Florida Board of Professional Engineers Attests that Brian A. Good, P.E. Is licensed as a Professional Engineer under Chapter 471, Florida Statutes Expiration: 2/21/2019 P.E. Lic. No. Audit No: 228201929253 It 56939 INC. M 1 - CIVIL ENGINEERS - RFQ # 2018012 g. DISCLOSURE & LICENSES I PAGE 3 M j MASTELLER & MOLER, INC. M1 — CIVIL ENGINEERS EXHIBIT "C' February 21, 2018 Mr. William Johnson, PE; Roadway Production Engineer INDIAN RIVER COUNTY ENGINEERING DIVISION 180127th Street Vero Beach, Florida 32960 RE: 45th Street Milling and Resurfacing Project 58th Avenue to 43rd Avenue IRC -1722 (FDOT SCOP FM No. 436848-1) Our File #1804 Dear Mr. Johnson: Thank you for the opportunity to offer the expertise and experience of Masteller & Moler, Inc. relative to the above referenced project. Within this Proposal, Indian River COUNTY, the Client is referred to as "COUNTY". Masteller & Moler, Inc. is referred to as "CONSULTANT". CONSULTANT proposes to provide COUNTY with the necessary services to complete the following scope of work: SECTION I - PROJECT LIMITS The COUNTY desires to modify the existing two-lane 45th Street (generally between 58th Avenue & 43rd Avenue) through milling and resurfacing to create a relocated two-lane road with (2)12' lanes and (2) S' bike lanes as well as a 6' sidewalk. Within the limits of the roadway project, there will be a dedicated westbound left -turn lane added at the 58th Avenue intersection. Where feasible, the Roadway Plans shall provide for access management improvements at existing commercial operations along the corridor. The Plans shall also incorporate locations for Go -line Stops along the corridor. (No Architectural Designs to be included.) New mast arm signalization improvements are to be provided at the 45th Street / 43rd Avenue intersection to replace the existing span wire systems as well as ADA compliant sidewalk landings at all four (4) corners. Pedestrian movement signal improvements are to be provided to complement the mast arm signal at 43rd Avenue. The existing span wire support signalization at the 45th Street / 58th Avenue intersection shall be modified as needed to support this project. At said intersection, ADA compliant sidewalk landings shall be provided at all four (4) corners to include pedestrian movement signal improvements. No significant paving elevation changes along 581h Avenue are anticipated for this project. To facilitate the roadway improvements, the project will also include piping and filling Indian River Farms Water Control District (IRFWCD) Sub -Lateral A-7 as necessary within the project limits. The culverting of Sub - Lateral A-7 will also require a parallel sloped underdrain system composed of a perforated pipe in rock surrounded by filter fabric. In addition, all culverts crossing under 451h Street shall be designed to be replaced with reinforced concrete pipe (RCP). All associated side street drainage connections will be part of this project. 1655 271 Street, Suite 2 • Vero Beach, Florida 32960 Phone: (772) 567-5300 • Fax: (772) 794-1106 mastmoir@bellsouth.net (1) Indian River COUNTY 45v' Street Milling & Resurfacing 01/21/2018 IRC -1722 (FOOT SCOP FM No. 436848-1) Page 2 of 11 MM File #1804 Utility adjustments to existing Indian River County Utilities water & sewer services are expected and will be part of this project. It is understood the CONSULTANT will use one of the COUNTY's approved continuing service contract geotechnical consultants to perform a geotechnical investigation for this project to be used by CONSULTANT for this project. CONSULTANT shall coordinate with the geotechnical consultant and COUNTY to establish geotechnical scope of services. COUNTY shall pay the geotechnical consultant directly subject to CONSULTANT acceptance of the geotechnical services. In addition, the COUNTY agrees to provide (in a timely manner) the following material, data, or services as required in connection with the work to be performed under this Agreement; all of which information the CONSULTANT may use and reasonably rely upon: A. Provide the CONSULTANT with traffic counts, preliminary data or reports available, existing location surveys, past topographic survey information, and related documents required to complete the construction documents. B. Provide the CONSULTANT with all available drawings, right-of-way maps, and other documents in the possession of the COUNTY pertinent to the project. C. The COUNTY will promptly execute all permit applications necessary to expedite the acquisition of any local, state or federal permits made necessary by the project. D. The COUNTY will reimburse CONSULTANT for all permit fees in an effort to expedite permit application submittals. The PROJECT LIMITS are projected to extend 6,700 feet along 45th Street, 600 feet along 581 Avenue, and 600 feet along 43rd Avenue for a total project length of 7,900 feet (1.50 miles). SECTION II - SCOPE OF SERVICES As agreed upon between ENGINEER and the COUNTY, the ENGINEER shall provide Professional Engineering services to complete all tasks as outlined above as follows: A. Route Survey: As the land surveying provided by the COUNTY was performed in 2008 and is out of date, a new updated survey of the project limits shall be performed by our land surveying affiliate, Masteller, Moler & Taylor, Inc. (MMT). The survey shall be completed on NAVD'88 datum. B. Roadway Improvement Construction Plans: Roadway set of plans shall consist of the following: Construction Plan Sheets (11" x 17" Size) 30% 60% 90% 100% Cover Sheet P C C F Summary of Pay Items - P C F Typical Sections C C C F (2) Indian River COUNTY 02/21/2018 Page 3 of 11 451 Street Milling & Resurfacing Project IRC -1722 (FDOT SCOP FM No. 436848-1) MM File #1804 Summary of Quantities & General Notes - P C F Summary of Drainage Structures Sheets - P C F Project Layout C C C F Plan and Profile Sheets (1" = 40' scale)(including Ditch _ & Sidewalk Profiles) C C F Intersection Plan & Details - P C F Special Details - P C F Drainage Structure Sheets - P C F Roadway Soil Survey C C C F Cross Sections at 100 ft Intervals - P C F Erosion Control/ SWPPP - P C F Signage & Pavement Marking Plans (40 scale double plan) C C C F Signalization Plans - C C F Construction Cost Estimate & Quantities - C C F Notes: P = Preliminary; C = Complete, but subject to change; F = Final The plans will be prepared based upon English units. Design will be conducted in AutoCAD. The following additional data shall be utilized for development of the plans: 1. The Roadway Plans will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets; 2. The Roadway Plans shall be based on a design speed of 40 MPH with a posted speed limit of 35 MPH; 3. Roadway Plan sheets shall depict existing rights-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length, and horizontal Pi's shall be included on the Plan or summarized in an alignment table; 4. Roadway Plans shall include spot grades adequate to describe any proposed grading; S. Match lines shall not be located within the limits of an intersection; 6. Soil boring information (to be provided by the COUNTY) shall be plotted on cross sections with soil classification and high season water table; 7. All quantities shall reference FDOT Pay Item Numbers; 8. All details shall reference FDOT Index Numbers; 9. All specifications shall reference COUNTY and/or FDOT Specifications for Road and Bridge Construction. Any deviations from COUNTY and/or FDOT Specifications for Road and Bridge will be noted and clarified in the Technical Specifications on the Construction Plans; 10. 10% Submittal shall include Sub -lateral A-7 existing storage volume computations for the County's use in determining whether or not compensating storage will be required for piping of (3) Indian River COUNTY 02/21/2018 Page 4 of 11 45"' Street Milling & Resurfacing Project IRC -1722 (FDOT SCOP FM No. 436848-1) MM File #1804 the existing sub -lateral and submittal of a Request for Verification of An Exemption to the SJRWMD; 11. 30%, 60%, 90%, and 100% Submittals shall include the following: i. Two (2) Sets of Signed & Sealed Final Plans (only). ii. One (1) Opinion of Probable Construction Cost (90%/ 100%) iii. One (1) CD with Drawings in PDF Format & CADD. iv. The CONSULTANT will provide construction documents and calculations in sufficient quantity as required by the various reviewing agencies. C. Drainage Analysis and Plans: 1. It is anticipated no treatment and/or attenuation analysis is required for this project as the roadway improvements portion of the project falls under St. Johns River Water Management District (SJRWMD) 62-330.051(4)(c) Exemption Criteria. In the event treatment & attenuation computations are required by the SJRWMD for this project CONSULTANT shall perform the computations based on an off-site parcel of land to be selected by COUNTY. 2. It is understood the IRFWCD will provide both the pipe size and invert elevations for the piping of Sub -Lateral A-7; therefore, no pipe sizing computations will be required for this project. Consultant shall provide the design for structures and the parallel underdrain system. Consultant shall, however, develop existing storage volume computations for Lateral A-7 for use by the COUNTY for determining whether or not compensatory storage volume will need to be developed to offset loss of storage caused by pipine of the Sub -lateral. The existing Sub -lateral A-7 storage computations described in this paragraph shall be provided as part of the 10% Submittal for this project. 3. Roadway swales and all storm sewer pipes crossing 451h Street to be included with this project. All non -RCP within the Indian River County right-of-way shall be replaced with RCP. RCP Culvert Cross - drain Replacements shall be sized to carry a 4" per hour flow rate. 4. A Stormwater Pollution Prevention Plan (SWPPP) will be developed in conjunction with this project. The site specific SWPPP is a requirement of both the EPA National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Construction Activities and the FDEP Generic Permit for Stormwater Discharge from Large and Small Construction Activities. S. Erosion & Sediment Control Plans/ Notes D. Jurisdictional Permitting: The CONSULTANT shall prepare and submit permit applications for this project to the following agencies: (4) Indian River COUNTY 02121/2018 Page 5 of it 45v' Street Milling & Resurfacing Project IRC -1722 (FDOT SCOP FM No. 436848-1) MM File #1804 1. Indian River Farms Water Control District (IRFWCD): For piping of the IRFWCD Sub -Lateral A-7 and RCP culvert replacement drainage connection(s). This scope does not Include permitting for any off-line compensatory storage system if determined required. (If required, the permitting of the off-line storage facility will be handled as an Additional Service.) 2. St. Johns River Water Management District (SJRWMD): It is understood the roadway improvements Including the piping of Sub -Lateral A-7 is exempt from SJRWMD permitting. The Consultant shall request documentation from the SJRWMD confirming the roadway improvements, including piping of Sub -Lateral A-7, are eligible for a Permit Exemption as part of the 10% Submittal Phase for this rn oiect. 3. U.S. Army Corps of Engineers (USACE): The closure of IRFWCD Sub -Lateral A-7 will require an USACE permit. Our services will include preparation of the permit application for said work. The Consultant shall prepare permit sketches for submission to USACE for dredge and fill activities on 8.5" x 11" sheets. Sketches shall be neatly scaled, signed & sealed, and reproducible. The Consultant will prepare and submit the application package to the USACE. The application package includes the USACE standard forms and a compilation of supplemental materials such as permit sketches. The Consultant will coordinate on the behalf of the COUNTY with each agency identified in this task. This may include up to two (2) meetings with the agencies to discuss requests for additional information (RAI), and written responses to two (2) RAN including plan modifications. This scope assumes that environmental mitigation measures will not be necessary or required. This scope assumes that no biological assessments will be required for this project. In any event, coordination relating to threatened or endangered species issues will be responded to by the COUNTY's Environmental Department. Permit application submittals will be made subsequent to the 60% plan set submittal approval by the COUNTY. E. Sianina and Pavement Markinas Plans: Signing and Pavement Markings Plans shall include: Separate Plan Sheets shall be made for Signing and Pavement Markings. Preparation of the plan layout, quantities (including signing and pavement marking quantity) and tabulation of quantities. All plans are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and shall be accurate, legible, complete in design, drawn at the same scale as the Roadway Plans, and furnished in reproducible form. Plans will be included with the Roadway Plans and submitted as indicated above. F. Utility Coordination / Water & Sewer Service Adjustments: The Consultant will coordinate with franchise utility operators in the vicinity of the project such that the proposed construction activities can be developed to minimize impacts to existing utilities located within the project limits. This includes coordinating with the COUNTY's Information Technology (I.T.) and Utilities Departments. Specifically, we shall perform design services for the adjustment of twenty-six (26) existing water services serving properties on the south side of 45"' Street between 58`h Avenue and 43rd Avenue. An adjustment design shall also be prepared for an existing private force main service serving a property on the south (5) Indian River COUNTY 02/21/2018 Page 6 of 11 4P Street Milling & Resurfacing Project IRG1722 (FDOT SCOP FM No. 436848-1) MM File #1804 side of 45a' Street. Water valve, water meter, and sewer manhole adjustments are also Included within this project. Unless otherwise specified above, any utility permitting and relocation design required to accommodate the proposed improvements will be addressed as an additional service relative to this scope of work. This scope of work does not include any design services for adjustment of water mains and /or force mains other than as described above. G. Signalization Plans: Mast arm traffic signal configurations at the 45"' Street / 43rd Avenue intersection and span wire supported signal modifications at the 450' Street / Wh Avenue intersection will be designed to meet (applicable) current COUNTY and FDOTstandards. The pole analysis and design of the signal systems will be completed and submitted to COUNTY for review. Signalization Plans will be included with the Roadway Plans and submitted as indicated above. SECTION III -TIME FOR COMPLETION & DELP4ERABLES/WORK PRODUCT Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately 130 working days from the Notice to Proceed (NTP). 1. Project shall be completed as follows: Task Route Survey Working Days Upon BOCC Approval 40 following NTP IRFWCD A-7 Ex. Storage Comp. / SIRWMD Permit Determination (10%) 15 following NTP Schematic Submittal (30% Design Plans) 30 following 10% & Survey* Preliminary Submittal (60% Design Plans) 60 following 30% Complete Submittal (90% Design Plans) 20 following 60% Final Submittal (Final Design Plans) 20 following 90% *It is acknowledged by both parties CONSULTANT shall not proceed with 30% Schematic Design services until COUNTY has established and agreed to IRFWCD Sub -Lateral A-7 compensatory storage requirements. 2. Deliverables —The ENGINEER shall provide the COUNTY: a. IRFWCD A-7 Ex. Storage Computations / SIRWMD Exemption Determination (10%) 2 Sets b. Schematic Construction Plans (11"x17") (30%) 2 Sets c. Preliminary Construction Plans (11"x17") (60%) 2 Sets d. Final Construction Plans (11"x17") (90%) 2 Sets e. Bid Ready Construction Plans (11"x17") (100%) 4 Sets f. Permit Application Forms As Required g. Related digital AutoCAD and PDF files (6) Indian River COUNTY 02121/2018 Page 7 of 11 SECTION IV - COMPENSATION 4V Street Milling & Resurfacing Project IRG1722 (FDOT SCOP FM IVo. 436848-1) MM File #1804 The COUNTY agrees to pay, and the ENGINEER agrees to accept a maximum not -to -exceed amount of $ 308,000.00 for the above-described services rendered inclusive of expenses as identified in Sections I and II based on the following: Task Fee Route Survey $ 33,500.00 Sub -lateral A-7 Existing Storage Computations $ 8,000.00 Roadway Construction Plans $ 126,000.00 Drainage Analysis and Plans $ 12,000.00 Treatment & Attenuation Analysis (If required) $ 15,000.00 Erosion Control and SWPPP $ 6,000.00 Jurisdictional Permitting $ 6,000.00 Signing and Marking Plans $ 18,000.00 Utility Coordination / Water & Sewer Service Adjustments $ 23,000.00 Signalization Plans $ 57,500.00 Project Total $ 305,000.00 Reimbursable Budget (excluding permit fees) $ 3,000.00 Total Project Fees $ 308,000.00 CONSULTANT shall invoice monthly for these services based on the percentage of completion of each task. All and/or any "Additional Services" not described hereon shall be pre -approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the CONSULTANT or based upon a negotiated lump sum. GENERAL CONDITIONS In addition, the following items are stipulated: a) Application Fees Any and all application fees required by permitting agencies will be paid for directly by the Owner/Client. b) Scope of Work The scope of work as outlined above is based on our estimate of the normal engineering and design services necessary. However, should the need arise for additional engineering design work by virtue of revisions or redesign required by you or any governmental reviewing agencies having jurisdiction, then additional billing will be based on the fee schedule included hereinafter under item (h), or this Contract can be renegotiated to the satisfaction of both parties. c) Payment of Fees Payment of all fees for services rendered shall be paid within thirty (30) days of billing. This project and the anticipated fees are predicated upon the prompt and continual satisfaction of our monthly invoices. (7) Indian River COUNTY 45"' Street Milling & Resurfacing Project 02/21/2018 IRC -1722 (FDOT SCOP FM No. 436848-1) Page 8 of 11 MM File #1804 Commencing on the thirty-first day, interest shall be added to the unpaid balance at the rate of one and one- half percent (1-1/2%) per month ora total of eighteen percent (18%) per annum. in the event that the matter of delinquent payments shall be turned over to legal counsel for collection, legal fees, costs and recording fees incurred for collection shall be added to the outstanding amounts due. d) Release/Reuse of Documents All documents including drawings, disks, specifications and reports prepared or furnished by Masteller & Moler, Inc. (Engineer) or Engineer's Independent Professional Associates and Consultants pursuant to this agreement are instruments of service in respect of the Project and the Engineer shall retain all Ownership and property interests therein, whether or not the project is completed. To that end, Engineer may exercise his right to execute a copyright notice upon any document prepared by Engineer in connection with this project. All original documents shall remain the sole property and in the sole possession of Engineer. Owner/Client will be provided and may retain copies of said documents for his use and information; however, said documents are not intended or represented to be suitable for reuse by Owner/Client or others on extensions of the project or on any other project. Any reuse without express written verification or adaptation by Engineer for the specific purpose intended, will be at Owner's/Client's sole risk and without liability or legal exposure to Engineer or to Engineer's Independent Professional Associates and Consultants. Owner/Client shall indemnify and hold harmless the Engineer and Engineer's Independent Professional Associates and Consultants from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. e) Release/Reuse of Electronic Data All electronic data including drawings, specifications and reports prepared or furnished by Masteller & Moler, Inc. (Engineer) or Engineer's Independent Professional Associates and Consultants pursuant to this agreement are instruments of service in respect of the Project and the Engineer shall retain all ownership and property interests herein, whether or not the project is completed. To that end, the Engineer may exercise his right to withhold the release of any electronic data and evaluate each request on an individual basis. Any Release/Reuse of Electronic Data agreed upon by the Engineer shall automatically be encumbered by above stated Item (d) Release/Reuse of Documents. f) Limitation of Liability The Owner and Masteller & Moler, Inc. have considered the risks, rewards, and benefits of the project and the Engineer's total fee for services. Risks have been allocated such that the Owner agrees that, to the fullest extent permitted by law, the Engineer's liability to the OWNER for any and all injuries, claims, losses, expenses, damages, or claim expenses arising out of this agreement from any cause or causes shall not exceed the total fee received for the project. Such causes include but are not limited to the Engineer's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty. Pursuant to Florida Statute § 558.035, an individual employee or agent of Masteller & Moler, Inc. may not be held individually liable for damages resulting from negligence occurring within the course and scope of professional services rendered under this professional services contract. g) Engineers Certification Definition "Certification" shall mean a statement signed and/or sealed by a professional engineer representing that the engineering services have been performed by the professional engineer, and based upon the professional engineer's knowledge, information and belief, and in accordance with commonly accepted procedures (8) Indian River COUNTY 45"' Street Milling & Resurfacing Project 02121/2018 IRC -1722 (FDOT SCOP FM Na 436848-1) Page 9 of 11 MM File #1804 consistent with applicable standards of practice, and is not a guarantee or warranty, either expressed or implied. h) Additional Work Performed Any and all work performed, other than that expressly delineated within this general contract, shall be billed at the following job classification and rates, as applicable: Principal of Firm $ 175.00/hr. Professional Engineer (PE) $ 150.00/hr. Professional Surveyor $ 140.00/hr. Project Manager $ 125.00/hr. Field Crew Project Coordinator $ 100.00/hr. CAD Draftsperson/Designer $ 100.00/hr. Field Crew $ 125.00/hr. Project Field Representation (Inspector) $ 80.00/hr. Administrative (Typing, etc.) $ 70.00/hr. No such work shall be undertaken, except upon receipt of verbal or written authorization of Owner/Client. I) Representations Relatine to Work Performed The plans, designs and documents which are subject to this contract shall be prepared in a professional manner consistent with the profession's "Normal Standard of Care." Nevertheless, no representations or warranties are made as to the success, approval or the issuance of permits on any application submitted by Owner/client based in whole or in part upon the plans, designs, or documents prepared by Masteller & Moler, Inc. Backcharges will not be accepted by Masteller & Moler, Inc. unless we provide written agreement covering all corrective action and the total amount of the backcharge necessary to accomplish the corrective action. J) Reimbursables 1) Print Costs All photo copies, prints and facsimile transmissions will be billed at the following rates: Photo copies 8Y:" x 11" $0.25/sheet; photo copies 8Y:" x 14" $0.35/sheet; photo copies oversized $0.50/sheet; blue line prints $0.333/SF; reproducible sepias $0.75/SF; reproducible mylars $4.40/SF; facsimile transmissions 8%"x 11" $1.50/page, 8W x 14" $1.75/page, and CD's $10.00. 2) Miscellaneous -Express Mail, Telephone, Travel If at any time information must be transmitted by express mail, these charges will be included on your monthly invoice at actual invoice cost. In addition, reimbursement for expenses such as telephone, travel, hotel, meals, etc. will be at actual costs incurred. k) Price Guarantee Prices quoted are firm for sixty (60) days from the date of this proposal. 1) Compliance with Agency Regulations All work will be performed in accordance with appropriate City, COUNTY and State regulations relative to the proposed project. (9) Indian River COUNTY 02/21/2018 Page 10 of 11 m) Assignment and Termination 4V Street Milling & Resurfacing Project IRC -1722 (FOOT SCOP FM No. 436848-I) MM File #1804 While binding upon the parties, their successors or assigns, this Contract may not be transferred or assigned without the written consent of both parties. Owner/Client or Engineer shall have the right to terminate this Contract for any breach hereof after ten (10) days written notice. Should you exercise the right to terminate this Contract after ten (10) days written notice, Masteller & Moler, Inc. shall be compensated for services performed and expenses incurred to termination date. We thank you for the opportunity to offer the services of our firm and look forward to working with you. Sincerely yours, MASTELLER & MOLER, INC. By?M ephen EPE Its Vice President SEM/cab file #1804 (1804_Contract_18-0221.docx) (10) Indian River COUNTY 02/21/2018 Page 11 of 21 MANHOUR FEE TABULATION INDIAN RIVER COUNTY PROJECT d 1722 45TH STREET MIWNG & RESURFACING PROJECT ENGINEERING DESIGN & PERMITTING SERVICES 45"' Street Milling & Resurfacing Project IRC -1722 (FDOT SCOP FM No. 436848-1) MM File #1804 2wrAls Is 396,669.00 Principal / PE QAIQC Project Mgr ACAD Designer Admlydstretiw TASKS $175.00 $126.00 $100.00 $70.00 Estlrnaied Proposed Fee Hours Amount Hours Amount lours Mount Hours Amount Route Survey $ 33,500.00 Sub -l. & SJRWMD Permk pilon et minStorati Ez oa Determination 20 $ 3,500.00 S 40 $ 4,001).00 8 $ 580.00 $ 8.080.00 $ 6,800.00 Roadway Construction Plans 280 $49,000.00 1 120 $15,000.00 600 $60,000.00 40 $ 2,800.00 $ 128,800.00 $ 126,000.00 Drainage Analyst and Plans 36 $ 6,300.00 12 $ 1,500.00 40 $ 4,000.00 12 3 840.00 $ 12,840.00 $ 12,000.00 Treatment & Attenuation Analysis 40 $ 7,000.00 12 $ 1,500.00 40 $ 4,000.00 40 = 2,8110.00 $ 15,300.00 $ 10,000.00 Erosion Control & SWPPP 12 6 2,100.00 4 $ 500.00 36 $ 3,800.00 0 $ - $ 8,200.00 $ 8,000.00 Jurisdictional Permitting 16 $ 2,800.00 $ - 32 $ 3,2011.00 12 $ 840.00 $ 8,8411,00 $ 6,000.00 Signing i Marking Plans 32 $ 5,800.00 40 $ 5,000.0 80 $ 8,000.00 0 $ - $ 18,600.00 $ 18,000.00 Coordination / Water ti Sewer Adjustments 32 00 $ 5,6.00 40 $ 5,000.00 120 $12,000.00 12 $ 8411.00 i 23,440.00 $ 23,000.00 Sigualbation Plans 67,599.66 Is 396,669.00