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HomeMy WebLinkAbout1996-046AGREEMENT FOR DESIGN & SURVEYING SERVICES BETWEEN PRECISION CONTRAC'T'ING SERVICES, INC. AND INDIAN RIVER BOARD OF COUNTY COMMISSIONERS. THIS AGREEMENT, made and entered into this 20th day of February, 1996 by and between Indian River County; hereinafter referred to as the "OWNER" and Precision Contracting Services, Inc, doing'buslness at 311 West indientown Road, Suite #7; Jupiter, Florida 33458, hereinafter referred to as "PCS WIT.NESETH:' WHEREAS; "PCS" provided's scope of services to the OWNER to support OWNER's requirement for communication services uhdor a complimentary contract for mandated 800MHz communication circuits for Ernergericy Operations: WHEREAS; the DESIGN/CONTRACT firm of precision Contracting Services, Inc. submitted a proposal and was selected by the OWNER as the most qualified firm to provide such services; NOW `THEREFORE, In consideration of the mutuality of the covenants and agreements herein contained, the parties hereto do mutually covenant and agree as follows: The OWNER hereby engages "PCS" to provide engineered drawings, surveys and specifications for a fiber optic cable and transmission elactronlcs network from the North County Tower She to the South County Towersite, hereinafter referred to'as the "PROJECT";. generally including; but not limited to;• ueei group meetings; land surveys, analysis"andrevlew of axlsting:communication systems; review of enstinp fiber optic cabin end eleclronkssystems. computer aided drawings and design for the'proposed netwoiki Itdesfred; end amended try addenilum to thld docurnent, by the OWNER; the Installation of fiber optic'cable and el®ctionlcs do urmentcesea t odifica8oni dosired b the' ry p he tevei;of communication service in accordance with"PCBs proposatto be changed for any -mo y OWNER,. -as aresult of the design se'rvices'requlred'b`y this Section 1. PC$ Responsibilities: Basic Design Services. 1.1 Statement of Design Services. "PCS" shall prosecute the work and perform the services described in this agreement under,the full-time direction of one or more senior officers, or a responsible representative acceptable to the OWNER. 1.2 Pedod of SoMce. This agreement shall commence on the day and year this document Is fusty executed and shall remain In full forceand eHectthereafter until completion and final acceptance of the design of tho projects; or earlier termination as mutually agreed by either party. 13 Commencement of Work PCS shell not commence work withoutpdorwrittenauthorization - from the OWNER and thereaftervehall comments work on vadous'phases only upon receipt of authorization' as pro"vided heretnVYork may,proceod on yarfous`""phases"on a concurrent or-consec`utrve ba's`IsFor both; :dependent upon the OWNERS gMng euthorizetion to proceed, 1 4 GenerottRequirementa "PCS Wil'serve,as the 01NNERS professional engineering representatWe on, -i' .PROJECT apd`wlll�dtve`censultatl& `td the OWNER dunnn fhaina:rn.r;;an .fir r,a "required topeHorm all services under this agreement: PCS shall not have "any direct or, indirect contract" roletionshipwlthciny officer or employee of iiia OWNER whic'hwill.ecn8lct with his ebility;to perform the i,ork, hereunder: All pgrao'nnel'aisignod to the work"sheli`tie.lully qualified end sit fecilitlea'eniployedtiell't» adequate for the, wo'rk'requlred: 14 1 All services performed by"PCS".shall be executed in cooperation and coordination with the OWNER and In the'per}ormence oteuctrseMces; "PCS" shall: r , jj 1.4.1.1 Maintain close liaison and cooperation with the OWNER during performance of the work hereunder to obtain agreement and coordination of the various phases of work contained herein. 1.4.1.2 Attend all meetings and conferences as arranged and required by the OWNER g durin the progress of the work hereunder to establish design concepts, to review preliminary and final drawings, to the work. secure agreement upon comprehensive and detailed basis of design, and discuss any other matters relating 1.4.1.3 Provide the OWNER with written memoranda to confirm and record the understandings and agreements resulting from meetings and conferences . 1.4.1.4 Provide the OWNER with schedules, including starting dates and contemplated completion dates for the several salient features of the work. 1.4.1.5 Assist the OWNER by furnishing the design data for the preparation of all documents necessary for any Federal, State, City, or County approvals, or permits. Fees for these permits are the responsibility of the OWNER. 1.5 Provide the OWNER with statements of estmeted construction costs, construction schedules, and other preliminary data concerning construction of the proposed fiber optics network and electronics, Including verification of the project limits and scope of the work in relation to other new work being done or to be done In the surrounding areas which may connect with or otherwise affect the projects under this agreement, for use In overall analysis and planning of the PROJECT. 1.6 Advise the OWNER as to the necessity of obtaining further services from others and act as the OWNER'$ representative in connection with any such services. 1.6.1 Evaluate information of conditions to be encountered at the site essential for design and construction purposes, and Investigate all available information necessary to accurately indicate existing and proposed locations of underground utilities and facilities. the PROJECT. 1.8.2 Consult with the OWNER to establish general design criteria and standards for use In of the PROJECT1.8.3 Prepare design drawings and construction asbuilts consisting of detail documentation 1.6.4 Prepare a statement of estimated construction costs for the build phase of the PROJECT based on the design criteria for the communication electronics as approved by the OWNER. 1.6.5 Prepare design data, survey date and required engineering documents in order to secure, with assistance of the OWNER, approval of such governmental authorities as have jurisdiction over Installation Right of Way to the PROJECT. 1.6.6 In the event the elects not to utilize "PCS" for the uction services, an services desired of PCS" for Inspections construction management or ther remedial services elated to the cable or electronic system's Installation Is not covered by this agreement and will require additional remuneration before any services would be performed. Section 2. PCS Responsibilities. Basic Construction Services. - SECTION 2 iS NOT APPLICABLE UNLESS COUNTY ELECTS TO EXERCISE IT'S OPTION TO UTILIZE "PCS" TO PERFORM INSTALLATION SERVICES DESCRIBED BY THIS AGREEMENT. Not withstanding any section to the contr®ry. the Owner may negotiate with others or bid out tho consbuation phase of the protect if the owner deems that to be In the best Interest of the owner. 2.1 Statement of Construction Services. "PCS" shall perform all work and shall furnish all supervision, labor, materials, tools, equipment, supplies and incidentals necessary for the complete installation and Integration fo the fiber optic network as described in the avetems dminn eine-11m..,. -- -__ 0 3 ' +lot F• t ��. d5 R '?L1t '.. � . .. '. 2.2 Commencement of Work. "PCS" shall not commence work without prior written authorization from the OWNER, and thereafter shall commence work on various phases only after the OWNER's representative and "PCS" have reached a mutually acceptable design for the necessary activities, materials and procedures. _ ^ 2.3 Time of Performance. "PCS" will proceed with design activities in a prompt and diligent manner "> so as to not delay the construction phase of the required communication network. "PCS" will not proceed with any construction activities until the OWNER has agreed in writing to amend this document for Inclusion of such w. additional activities. 4 I 2.3.1 The design phase of the contract is dependent on several factors outside of "PCS"'s,or OWNER's control; ght-of-way approval, Interdepartmental response and permitting; however Is anticipated + not to exceed sixty (60) days. 6 2.3.2 The construction phase of the contract is dependent on the design phase and Its direction for optimizing OWNER resources in regard to material acquisition, Installation method and route and -' system utilization. After the design phase has been completed to the satisfaction of the OWNER, an anticipated ^ time for completion for the construction phase will be generated. Section 3. The OWNER'S RESPONSIBIUTIES. The OWNER will, when deemed necessary: 3.1 Advise as to Its requirements for the work. 3,2 Assist "PCS" byplacing at his disposal all available information pertinent to the site of the work, `t including previous reports, documents, preliminary design, subsurface soil analysis, and any other data relative to planning, design, and construction. 3.3 Guarantee access to and make all provisions for "PCS" to enter upon public and private lands, j as required for "PCS" to perform his work under this contract. 3.4 Examine all studies, reports, sketches, estimates, specifications, drawings, proposals, and other documents presented by "PCS" and shall render in writing decisions pertaining thereto within a E reasonable time so as not to delay the work of "PCS". } 3.5 The OWNER will designate in writing those persons to act as the OWNER'S representative with respect to the work to be performed under this pa agreement, and such persons shall have complete authority to transmit instructions, receive information, and interpret and define the OWNER'S policies and decisions with respect to the work covered by this agreement. 3.6 Assist "PCS" In securing approval of all governmental authorities having jurisdiction over the j projects and such approvals and consents from such other Individuals or bodies as may be necessary for t completion of the work, tv'¢Y°'tig x„ .. 3.7 Furnish or direct "PCS"to provide, at the OWNER'S expense, any necessary additional 4, ' services required In connection with the work that may be required by the OWNER, provided that any such i4 direction shall be given in writing by the OWNER. .. Section 4. PAYMENTS FOR THE SERVICES OF PCS. %<> 4.1 The OWNER shall pay to "PCS" for all services actually, timely, and faithfully rendered a total not to exceed of'Twenty Five Thousand Five Hundred Dollars, $25,500.00, for all design services under this agreement. Payment for installation services, that maybe added through addendum, for the fiber optic cabling x,. and electronics network, will be based on previous proposals and negotiated In good faith after reviewing any <x modifications to said proposal pursuant to the design services required by this document at the request of the OWNER. 3 0 4.2 The OWNER agrees to provide remuneration to "PCS" for partial payments submitted on the 25th of each month by the 10th of the following month. No retainage will be withheld from the design services contract However, If the OWNER chooses to invoke section 2. construction services by addendum, retainage of 5% of the billed amounts will be held for the construction services only until the network is installed and operational, unless "PCS" Is hindered in its performance by sources outside its control. 4.3 "PCS" shall submit Invoices in such form as reasonably required by the OWNER'S designated representative In order to establish the propriety of costs and charges and to enable compensation by the OWNER as soon as practicabie upon receipt, review, and approval of each such invoice. "PCS" shall submit Invoices In duplicate to the OWNER to the following address: INDIAN RIVER COUNTY BOARD of COUNTY COMMISSIONER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET, GENERAL SERVICES DEPT. VERO BEACH, FL 32980 Payments shall be made to: PRECISION CONTRACTING SERVICES, INC. 311 West Indiantown Road, Suite #7 Jupiter, Florida 33458 4.3.1 Each and every payment by the OWNER to "PCS" shall be expressly subject to the written request stating the amount, percentage of services performed since the last payment request, total percent of services performed to date, and any other such Information as may be reasonable and necessary to secure the required approval of payment by the OWNER'S representative. Section 5. ADDITIONAL SERVICES OF "PCS". 5.1 Authorized Special Services. If authorized In writing by the OWNER, "PCS" will furnish or obtain from others additional services as requested which will be paid for by the OWNER, provided that, at the time such special services are authorized, a maximum fee for such work will be established. 5.1.1 Prepare to serve and serve as an expert witness for the OWNER In any vial, hearing, or other judicial, quasi-judicial, or administrative proceeding at customary, reasonable, and usual rates to be established prior to serving as an expert witness. 5.1.2 Compensation Rate for Additional Services of PCS. Compensation for additional services of "PCS" are to be negotiated at such time the services are deemed necessary with a Not -To -Exceed price provided. 5.2 This agreement, or any portion hereof, may be suspended from time -to -time for various periods of time to the event that the design projects proposed hereunder are delayed, postponed, or otherwise adversely affected, permanently or temporarily, by action of the OWNER. In the event of any such suspension, "PCS" shall be paid for all services actually, timely, and faithfully rendered up to the date of suspension and for all services so rendered after cessation of the suspension and resumption of the services. in addition "PCS" will be compensated for reasonable mobilization expenses once the project Is resumed. 5.3 Ownership of Documents. "PCS" shall deliver to the OWNER, for approval and acceptance, and before being eligible for final payment of design fees, the reproducibles for all drawings, maps, plats, masters of specifications for reproduction, computations, survey notes, and copies of pertinent correspondence pertaining to the work. 5.4 Indemnification and Insurance. "PCS" and any of Its subs shall be required to indemnify and save harmless and defend the OWNER from all sub or actions of every name and description brought against the OWNER based on personal injury, bodily InjuryQncluding death) or property damagesQnciuding destruction) received or claimed to be received or sustained by any person or persons arising from or In connection with any negligent act or omission of "PCS" or Its subcontractors, agents, employees, or assigns In providing the professional services called for herein. it Is agreed that the obligations set out in this paragraph shall have a value that shall not exceed the value of this contract. I 5.4.1 Without limiting Its liability under this agreement, "PCS" or its SubPCSs shall procure and maintain during the life of this agreement liability Insurance In the amount not less than one hundred thousand dollars ($100,000). Any subcontractor of "PCS" shall be required to procure and maintain, during the IWe of the subcontract, the Insurance required of "PCS" hereunder and comply with the provisions of this agreement. ` 5.4.2 PCS shall maintain general liability Insurance In a minimum amount of $500,00 per occurrence and a $1,000,000 aggregate total, In addition, PCS shall maintain Florida Worker's Compensation Insurance as mandated by Florida Law and Florida Automotive Liability Insurance for no less than $500,000. 5,5 Clean-up. "PCS" shall clean Its work sites and remove any debris resulting from its work. j If amended "PCS" will maintain PROJECT she to avoid Impedance of traffic to the public orto that of other {{ trados involved in the PROJECT. r l 5.8 Successors and Assigns, The OWNER and "PCS" each bind the other and their respective successors and assigns in all respects to all the terms, conditions, covenants and provisions of this agreement, and any assignment or transfer by "PCS" of Its Interests in this agreement without the written consent of the OWNER shall be void. 4 5.7 Retention of Records, "PCS" and any of his subPCSs shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred in the work, and shall make such materials available at all reasonable times during the period of this agreement and for two (2) years from the date of final payment under this agreement, for Inspection and/or audit by the OWNER. t 5,8 Compliance with State and Other Laws. "PCS" shall comply with and be bound by any and all applicable Federal, State, and Local Laws, Rules, and Regulations as the same exist and may be amended h from time-to-timo. ' 5.9 Settlement of Claims. In any case where "PCS" deems that extra compensation Is due him for services, materials, or damages not clearly covered in this agreement, or not ordered in writing by the OWNER as an extra, "PCS" shall receive written approval from the OWNER before he begins the work on i which he bases the claim. However, such notice or accounting shall not in any way be construed as proving the validity of the claim, 5.9.1 In the event of a dispute in the Interpretation of the provisions of this agreement, such i. dispute shall be settled by arbitration by the American Arbitration Association and the Chapter 682 F.S. shall s not apply. This provlslon to arbitrate shall not be a waiver of soverign immunity which may be re ad In a court of competent jurisdiction by the owner. J 5.10 Public Utilities. Where privately, publicly, or cooperatively owned utility companies will require rearrangements in connection with the proposed construction, "PCS" shall make the necessary contacts and confer with the Utilities regarding the requisite revisions in the facilities, apprlWng the OWNER of the results of all such contacts, "PCS" shall make no commitment with the utilities binding upon the OWNER. The OWNER will conduct negotiations with the public utilities and authorities. However, "PCS" shall participate in such negotiations at the request of the OWNER, 5.11 Prohibition Against Contingent Foos. "PCS" warrants that he has not employed or retained i any company or person other than a bona fide employee or subPCS working solely for PCS to solicit or secure this agreement, and that he has not paid or agreed to pay any company, i� person, corporation, Individual, or firm other than a bona fide employee or subPCS working solely for "PCS" any fee, commisslon, percentage, gift, or any other consideration contingont upon or resulting from the award �(. or making of this agreement. For the breach or vloladon of these provisions, the OWNER 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, 5 4 5.12 Amendments. This agreement may be amended by mutual written agreement of the parties hereto. Further, this agreement, including without limitation all changes In the maximum Indebtedness, scope + of services, time of completion, and other material terms and conditions, may be changed only by such written amendment. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed for the uses and purposes therein expressed, on the day and year first above -written. By { INDIAN RIVER COUNTY, Representative Fran B. Adams, Cbairman,Board of Cty.Comm. Approved by BCC 2/20/96 APPROVED AS TO FORM , Owner's Attest ATTEST: •• *�..• R CIRCUIT.(DpURT Vis+ (SEAQPRECISION CONTRACTING SERVICES, INC. ClndV S. Boyd/ Presl ent i.Jii✓��s5 1.— o' r Y 's V. . E in&m Rhe C6 Approved Data Admlrt Ole al 13111 Legal 2 Budget 3-(;A jz ANN Mgr.