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HomeMy WebLinkAbout2019-100THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN INDIAN RIVER COUNTY AND BOWMAN CONSULTING GROUP, LTD THIS THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN INDIAN RIVER COUNTY AND BOWMAN CONSULTING GROUP, LTD ("Third Amendment") is entered into as of the 2nd day of July, 2019 by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida, 32960 ("County"), and Bowman Consulting Group, LTD., a Virginian corporation authorized to do business in Florida, whose address is 3863 Centerview Drive, Suite 300, Chantilly, VA 20151 (the "Consultant"). RECITALS WHEREAS, on May 23, 2018, County and Consultant entered into an Agreement for Professional Services for design and construction services for 58th Avenue Pavement Reclamation and Resurfacing from 57th Street to 85th Street (the "Agreement"); and WHEREAS, on June 12, 2018, the County and Consultant entered into a First Amendment to the Agreement for preparation of waterline designs; bid services, construction engineering services and project turnover of utility relocations associated with the construction of 58th Avenue Pavement Reclamation and Resurfacing from 57th Avenue to 85th Street/CR 510; and WHEREAS, on December 11, 2018, the County and Consultant entered into a Second Amendment to the Agreement for the design of a communication network throughout the project limits with the construction of 58th Avenue Pavement Reclamation and Resurfacing from 57th Avenue to 85th Street/CR 510; and WHEREAS, County and Consultant desire to amend the Agreement to provide design upgrades to 58th Avenue by way of roadway widening between 77th Street and 81st Street to accommodate the addition of a center turn -lane, pavement markings and signage to assist with traffic flow into County owned Fairgrounds.; and NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Amendment of Section 5 Compensation. The first sentence of Section 5 — Compensation is amended to read as follows: "The COUNTY shall pay to Consultant the mutually agreed professional fee of $29, 139.00 for the work performed under this Third Amendment, bringing the total payment to consultant of FOUR HUNDRED NINETY-SEVEN THOUSAND ONE HUNDRED Page 1 of 2 EIGHTY-EIGHT DOLLARS ($497,188.00) for Services rendered for the Project, to be paid in monthly installments or a deliverable basis as set forth in the Exhibits." 3. Exhibit "C" to the Agreement shall be revised to include Attachment "1" to this Third Amendment. 4. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, County and Consultant have executed this instrument this 2 day of July, 2019. BOWMAN CONSULTING GROUP, LTD 4450 W. Eau Gallie Boulevard, Suite 232 Melbourne, Florida 32934 By: Robert A. Hickey, Secretary WITNESSED BY: Approved as to Form and Legal Sjifficiency William K. Debraal Deputy County Atte Jason �... , Coun Ad inistrator rney Page 2 of 2 INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman Board of County Commissio'r ;o. Approved by BCC July 2, 2019 Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Deputy Cler Bowman CONSULTING Exhibit C Amendment No.3 June 11, 2019 Mr. William Johnson, P.E. Roadway Production Engineer Indian River County 1801 27th Street — Building A Vero Beach, FL 32960 RE: IRC 1325 — 58th Avenue FDR, Proposal for Additional Engineering Services, Left Trun Widening Dear Mr. Johnson: On May 24, 2019 the County requested that Consultants provide a provide proposal to widen 58th Avenue between 77th Street and 81st Street to allow for bi-direction center turning movements outside of the existing left turn lanes envelope. In phone discussions with you, we determined that the work will include starting at approximately the first entrance to the WTP.and extend north to the intersection of 81st Street. North of the intersection will remain the same so as not to encroach into the area of the canal crossing. This proposal covers the additional work that Bowman and Lassiter Transportation Group will perform. No other subconsultants are involved with this request. We have evaluated the issues associated with the proposed widening and the following is a summary of our findings. Road widening will take place between 546+69 to 565+57. We see all the road widening taking place on the easterly side due to the constraints on the west side. We propose to keep the crown of road where it is currently located as it falls on a lane line and the extended slope will reduce the grade difference to existing. With the widening the ditch will need to be relocated further to the east. At some locations the ditch will reduce the cover over existing utilities and cause the utilities to fall within the limits of the ditch. Valves on larger lines will be exposed. One power pole appears to be within the clear zone that will need to be relocated, and this will require additional R/W at the park or an easement. This proposal assumes that the County will obtain any additional R/W or easements. Driveways serving the park will need to be redesigned. Trees in the area of the park will need to be removed. We will need to relocate the proposed fiber optic line along this corridor. This will also require updating the SWPPP sheets. This proposal does not include a drainage permit based on the other work at 69th Street not requiring one. The work will involve modifying the model and regenerating the cross-sections to provide the data on the work associated with the widening. The redesigns discussed above will also need to be accomplished. We will also need to update the quantities, bid schedule and estimate. FDR emulsion 4450 W. Eau Gallie Blvd., Suite 232, Melbourne, FL 32934 Page 2 November 9, 2018 and cement quantities and additional base material will also need to be updated. We will also develop a new base sheet for Lassiter to provide the striping changes. SCHEDULE With current work Toad we estimate this will take 6 to 7 weeks to complete the work from notice of authorization COMPENSATION We will provide the requested services on a Lump Sum Cost, with estimated task breakdown below: Additional Design Services: Task Design Services Fee Bowman As listed in the above table $19,776 Lassiter As listed in the attached proposal $9,360 Mark up on Subconsultants $0 Total $29,139 Sincerely, Eric L. Flavel , PE, F -ASCE Project Manager/Senior Engineer Bowman Consulting 321.270.8993 eflavell(a�bowmanconsulting.com Erik Juliano, PE, Branch Manager Bowman Consulting 321.270.8997 eiuliano(c�bowmanconsulting.com 4LT Engineering & .Planning Via E-mail: (eflavell@bowmanconsulting.com) Ref: 4371.00 June 1, 2019 Eric L. Flavell, P.E. Project Manager Bowman Consulting Group 4450 W Eau Gallie Blvd, Suite 232 Melbourne, FL 32934 Re: Indian River County, 58th Avenue Pavement Reclamation and Resurfacing Project — 57th Street to CR -510 — Additional Services (IRC Project No 1325) (FDOT SCOP FM No. 436416-1) Dear Mr. Flavell: Lassiter Transportation Group, Inc. (LTG) is pleased to offer the following proposal to provide ADDITIONAL SERVICES for roadway and traffic engineering analysis and design services for the 58th Avenue Pavement Reclamation and Resurfacing Project (the PROJECT) located in Indian River County, Florida. For the purposes of this proposal, Bowman Consulting Group shall be referred to as the CLIENT. The Scope of Services (the SCOPE) describing LTG's work effort to be conducted under this Agreement is presented below. INTRODUCTION It is our understanding that Indian River County (IRC) has requested additional Analysis & Plan Revisions after the Final plan submittal. LTG's primary objective for the PROJECT is to revise the Signing and Pavement Marking plans to reflect the changes requested in the comments received from the County dated Mar -19 received from the CLIENT on 4/1/19. Specifically comments 30 through 36 and associated markups received on May 14, 2019 from the IRC Traffic Engineer and the addition of left turn lanes at the Fairgrounds from station 546+82 to 563+65 (1,683') as requested on May 24, 2019 by the IRC Project Manager. LTG will also update the design files for the Signing and Pavement Markings to reflect changes made by the CLIENT in response to the County's comments that are typically reflected on those plans. No revisions shall be included that are not related to the comments and associated markups received and the requested addition of the turn lanes at the Fairgrounds. Updates will 'be made using the revised design files provided to LTG by the CLIENT. All work will be prepared in accordance with generally accepted engineering practices for the design of the proposed roadway pavement marking and signing improvements described above and as itemized in the staff hour estimation forms included herein by reference. Tasks shown with zero hours are not included. SCOPE OF SERVICES Task 1 — Project Administration and General Tasks Included in this task are the following items: A. Administrative services necessary to set up and maintain the contract files and invoicing B. Digitally Signed and Sealed Final Plans to submit to the AGENCIES and the CLIENT for bidding C. Project Manager meetings (Phone conference with the CLIENT and/or COUNTY) 1450 W. Granada Blvd., Suite 2 • Ormond Beach, FL 32174 • Phone 386.257.2571 • Fax 386.257.6996 www.Ita-inc. us Eric L. Flavell, P.E. June 1, 2019 Page 2 Task 4 — Signing and Pavement Marking Analysis and Plans LTG shall revise the FINAL signing and pavement marking plans (S&PM) for the full length of the project area (38 Plan Sheets) to reflect the changes requested in the comments received from the County dated Mar -19 received from the CLIENT on 4/1/19. Specifically comments 30 through 36 and associated markups received on May 14, 2019 from the IRC Traffic Engineer and the addition of left turn lanes at the Fairgrounds from station 546+82 to 563+65 (1,683') as requested on May 24, 2019 by the IRC Project Manager. The revisions to the plans shall be prepared in accordance with IRC comments and markups, FDOT's 2017 PPM, Design Standards 2017-2018, the Manual on Uniform Traffic Control Devices (MUTCD), and Florida's Elder Road User Program. LTG shall prepare the S&PM plans package to include the following: • Key Sheet; • Tabulation of Quantities (6); • General Notes (1); and • Plan Sheets (38). All pavement markings will be labeled with their widths, color, and spacing. All regulatory, warning, and directional signs will be shown indicating the corresponding locations. No lighted or multi -post signs are anticipated. The Final plans will be delivered in AutoCAD format ata scale of 1" = 40' on 11" X 17" sheets. SCHEDULE LTG shall initiate the work effort immediately upon receipt of a properly executed contract/agreement. LTG shall develop Final Signing & Pavement Marking plans in accordance with a mutually acceptable schedule that is developed upon receipt of a Notice to Proceed (NTP). It is anticipated that the PROJECT will take one (1) month to complete after receipt of the NTP, and updated design file information from the CLIENT. Delays incurred due to additional comments and plan revisions unrelated to this SCOPE, permitting agencies or other circumstances out of the control of LTG will require SCHEDULE adjustments and additional compensation. COMPENSATION Task Fee Task 1 - Project General and Project Common Tasks $ 1,850.00 , Task 4 - Signing & Pavement Markings $ 7,510.00 Total $ 9,360.00 The fees and tasks are detailed in Attachment A of this proposal. Any revisions to the SCOPE shall constitute ADDITIONAL SERVICES and will require modifications to the COMPENSATION and SCHEDULE and must be mutually agreed to by LTG and the CLIENT in writing. Revisions to the SCOPE may be conducted on a fixed -fee basis, if a fixed SCOPE can be determined, or on a time -and -expenses basis according to LTG's Standard Hourly Rate Sheet (see original agreement) as shall be mutually agreeable to LTG and the CLIENT. Payment to LTG of fees under this contract must be kept current in order for LTG to continue work under this agreement as identified in LTG's Terms of Agreement (see original agreement). RESPONSIBILITIES OF THE CLIENT The CLIENT shall be required to perform the following in order for LTG to maintain the PROJECT SCHEDULE: Engineering & Planning Eric L. Flavell, P.E. June 1, 2019 Page 3 • Provision to LTG of a properly executed contract PRIOR to LTG performing services identified; • Updated Design Files reflecting the revisions requested by the County and agreed to by the CLIENT; • Written approval by the CLIENT of any modifications to the SCOPE required of LTG; • Timely payment of invoices as described in Attachment C; • Advanced notice of meetings requiring LTG staff attendance (by phone only); and • Provision to LTG of all required topographic survey, DTM models, geotechnical borings, utility information (locations, coordination and relocations) necessary for design of the proposed improvements. Topographic survey is to be provided with a topographic data file export either in .DAT format or as an ASCII file with headers and a row for each data point. Each data point shall include the Name, Northing, Easting, Elevation, and Code for import into AutoCAD. SERVICES NOT INCLUDED In addition to any other task not specifically identified in the SCOPE, the items listed below would constitute ADDITIONAL SERVICES and would require written mutual authorization, including changes to the SCHEDULE and COMPENSATION, by LTG and the CLIENT prior to initiation of said additional work: • Preparation of more than a single plans package; • Pavement Design; • Pavement Cores; • Cross Slope Correction; • Re -design and revisions due to site plan revisions or requested changes in design concept, layout or scope; • Appraisal services; • Design services outside of the project limits; • Drainage and stormwater treatment design and permitting; • Stormwater modeling and Critical Storm analysis; • SJRWMD permitting, except for the permit determination letter; • Indian River County permitting; • FDOT Permitting; • Federal Emergency Management Agency (FEMA) permitting; • United States Army Corps of Engineers (USACOE) permitting; • Site specific Traffic Control design, plans and lane closure calculations; • Landscaping plans; • Historical preservation permitting; • Archeological permitting; • Federal Highway Administration (FHWA) coordination or involvement; • Federal Aviation Administration (FAA) Coordination; • Utility coordination services; • Utility relocation or design; • Florida Department of Environmental Protection (FDEP) Potable water and wastewater permitting; • Construction staking; • Aerial photography; • Permit application fees; • Wetland mitigation and fees; • Surveying and mapping services; • As -built Drawing preparation; • Geotechnical engineering; and • Subsurface utility engineering (SUE) 4LTG Engineering & Planning Eric L. Flavell, P.E. June 1, 2019 Page 4 ACCEPTANCE OF TERMS If you are in agreement with this proposal for ADDITIONAL SERVICES, please sign below and return the authorization to mneimant Itq-inc.us Sincerely, LTG, INC. Mark P. Neiman, PE Sr. Project Manager c: Eric L. Flavell, P.E., Bowman Consulting Group (eflavell@bowmanconsulting.com) In signing, the signatory affirms that he/she is duly authorized, on behalf of the CLIENT, to enter into this ADDITIONAL SERVICES AGREEMENT, does hereby accept the increased scope, schedule and associated fee amount and authorize LTG to commence with the analysis as described above. He/She further understands that the Terms and Conditions of the original agreement apply to this supplemental agreement. Eric L. Flavell, P.E., Bowman Consulting Group, Ltd. Date LTG Engineering & Planning