HomeMy WebLinkAbout2023-149AMENDMENT 1 TO WORK ORDER 2
Sebastian Harbor Preserve
This Amendment 1 to Work Order Number 2 is entered into
of August , 2023 pursuant to that certain Continuing Contract
April 17, 2018, renewed and amended as of May 18, 2021 (collectively
"Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision
Florida ("COUNTY") and Carter Associates, Inc.
as of this 15 day
Agreement, dated
referred to as the
of the State of
("Consultant").
1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work
Order Number 2 , Effective Date 3/5/19
2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work)
attached to this Amendment and made part hereof by this reference. The professional services will be
performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and within the time -frame
more particularly set forth in Exhibit C (Time Schedule), all in accordance with the terms and provisions set forth in
the Agreement.
3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set
forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall
conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated
in each individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above.
CONSULTA :
By: A,-- —
Print Na Ohn H. Blum, P.E.
Title: Vice President
•�y GpRIMISS/p;�.
BOARD OF COUNTY COMMISSIONERS .: J�>.• F
OF INDIAN RIVE COUNTY ;`�: s I.
*. 4� = :
By. Joseph H. ~.;
arman , Cha' :oe;
NER C00���� •:
BCC Approved Date: August 15 , 2023
Attest: n L. Butler, Clerk of Court and Comptroller
By:a4ah ,
De uty Clerk
Approved:
Approved as to form and legal sufficiency:
John A. Titkanich, Jr., County Administrator
William K. DeBraal, County Attorney
QA I
.. 11
An LA pny
July 18, 2023
Ms. Wendy Swindell
Conservation Lands Manager
Indian River County Parks and Recreation
1590 9th Street SW
Vero Beach, Florida 32962
RE: Civil Engineering and Surveying Services Agreement
Amendment #1 to Work Order #2 - Sebastian Harbor Preserve
Re -Permit Site Plan
City of Sebastian
CAI Project No. 19-045.1 E
Dear Wendy:
It is our pleasure to present for your acceptance, the following estimate for civil engineering and
surveying services amending Works Order #2 for the above referenced project. We propose the
following services and corresponding fees in accordance with the Professional Services Agreement
(PSA) effective July 10, 2023, between Carter Associates, Inc. (CAI) and Indian River County
Parks and Recreation (CLIENT).
PROJECT LIMITS:
This proposal and the services detailed within pertain to the proposed County Park to consist of
boardwalks, parking lot, pavilion, and stormwater features located at 184 Englar Drive, Sebastian,
Florida 32958.
SCOPE OF SERVICES:
CAI proposes an amendment to the following tasks:
TASK 1— ADDITIONAL SITE SURVEYS
Update overall boundary survey for site plan and permitting submittals.
Perform on-site topographic survey of the right-of-way frontage along Englar Drive for
proposed drainage swalc improvements. Locate adjacent roadway, drainage, water, and sewer
improvements within right-of-way.
1708 21st Street, Vero Beach, Florida 32960 • t 772.562.4191 • carterassoc.com
RAENGUHB\PROPOSAL\IRC Parks - SebastianHarbor Re-Permit.docx
Page 1 of 4
TASK 2 — SITE PLAN RE -APPROVAL
• Modify previously approved site plan to reflect drainage outfall and roadside swale
improvements. Depict existing boardwalks and proposed parking lot, driveway connection,
and buildings (pavilion). Update site data to include land use calculations, setbacks, and open
space. Complete and submit applications for site plan approval including all checklist items
required by the City of Sebastian (CITY).
• Modify stormwater management report for required retention volume and outfall locations into
adjacent wetland.
• Coordinate with landscape architect to meet the minimum requirements of the landscaping
code.
• Address CITY departmental staff review comments and re -submit.
• Attend Planning and Zoning Commission meeting for review and approval of Site Plan.
TASK 3 — CONSTRUCTION PLANS AND SPECIFICATIONS
• Modify drainage and grading plans for proposed parking lot and pavilion. Provide details for
stormwater feature along with cross-sections. Prepare project specifications sufficient for
bidding. Prepare preliminary engineer's cost estimate for construction.
TASK 4 — PERMITTING MODIFICATIONS
• Prepare submittal documents including applications to re -permit the following jurisdictional
permits:
o City of Sebastian Site Plan
o City of Sebastian Right -of -Way Permit
o City of Sebastian Land Clearing and Tree Removal Permits
o St. Johns River Water Management District Environmental Resource Permit.
o Army Corp of Engineers Nationwide (if applicable)
TASK 5 — UPDATE BID DOCUMENTS
• It is assumed CLIENT will prepare a contract for construction, including bidding requirements
and general conditions. CAI will provide technical specifications and project plans in
sufficient detail to define the scope and requirements for the site plan and stormwater feature.
CAI will assist CLIENT in bidding the project by attending a pre-bid meeting and by
addressing inquiries from potential bidders regarding the scope of the proposed work. CAI will
assist the CLIENT during project bid review and provide a letter summarizing our
recommendations regarding contract award.
Page 2 of 4
TASK 6 - CONSTRUCTION SERVICES
• Review contractor's material submittals and scheduling. Construction inspection services will
be provided for the duration of construction in order to ensure that the contractor's work
conforms to the requirements of the project design drawings and specifications. Provide
certifications upon completion of construction and review of contractor provided as-builts.
TASK 7 — REIMBURSABLE EXPENSES
• Reimbursable expenses, such as postage/express mail, mileage, prints, copies, vellum, etc.
COMPENSATION:
Please find below the current billing summary for work performed to date. We recommend
authorization of the following amendments to the budgets for this assignment.
TASK
NO.
TASK
Contracted Items - Work Order b2
Site Surveys & Soils Investigation
Site Plan Approval
Construction Plans and Specs
Permitting
Bid Documents
Construction Services
Reimbursable Expenses
Contract Sub -Totals
Permit Application Fees
City Land Clearing / Tree Removal
Totals
CONTRACT
AMOUNT
RILLING
THIS PERIOD
PREVIOUS
BILLINGS
TOTAL
BILLED
PERCENT
COMPLETE
BALANCE TO
FINISH
I
2
3
4
5
6
7
$0.00
$7,900.00
$0.00
S7,900.00
$7,%0.00
100.0%
$7,400.00
$0.00
$7.400.00
$7,400.00
100.0%
$0.00
$1,700.00
$0.00
$1,70().00
$1,700.00
100.0%
$0.00
$0.00
$2,900.00
$0.00
$2,900.00
$2,900.00
100.0°/.
$2,400.00
$0.00
$360.00
$360.00
15.0°/.
$2,040.00
$2,100.00
$0.00
$0.00
$0.00
0.0%
77.3%
$2,100.00
$500.00
$0.00
$386.35
$386.35
$113.65
$24,900.00
$0.00
$20,646.35
$20,646.35
82.9°/.
$4,253.65
T&M
$0.00
$125.00
$125.00
$0.00
$20,771.35
$20,771.35
Additional Fees for Tasks Outlined Above:
Task 1 -Update Site Surveys & Soils Investigation....................................................... $+4,150.00.
Task 2 -Site Plan Re-Approval........................................................................................ $+8,880.00.
Page 3 of 4
Task 3 -Construction Plans and Specifications .............................. $+2,040.00.
Task 4 -Permitting Modifications .....................$+3,480.00.
................................................................
Task 5 -Update Bid Documents,,,,,,,,,,,,,,,,,,,,,, $2,880 - $2,040 Bal = $+840.00.
Task 6 -Construction Services........................................................
Task 7 -Reimbursable Expenses .................................................... $600 - $113.65 Bal = $+486.35.
TOTAL ADDITIONAL FEES ,,,,,,,,,,,,,,,,,,,,,,,,,,$20,296.35.
ASSUMPTIONS:
In developing this proposal, CAI represents to the CLIENT that the following assumptions have
been made and that deviation from these assumptions may require additional expenditures on
behalf of the CLIENT to CAI.
1. This proposal specifically excludes all application and/or impact fees, which shall be the
responsibility of the CLIENT.
2. This Scope of Services specifically excludes preparation of legal documents, easement
descriptions, structural, mechanical, electrical, and architectural work.
3. It is assumed that there is no new water or sewer improvements associated with this project.
In addition, there is an existing fire hydrant located on the north side of Englar Drive near the
southeastern corner of the property and is within 500 feet of the proposed pavilion for the
required fire protection.
4. Wetland planting design drawings and installation will be provided by others.
5. Construction stakeout and as-builts are not included with this proposal.
Thank you for giving us the opportunity to submit a proposal for our services. We look forward
to working with you on this project. Our receipt of a signed copy of this agreement will serve as
our notice to proceed. Should you have any questions or need additional information, please do
not hesitate to contact me at our office.
Sincerely,
LCJTER ASSOCIATES, INC.
H. Blum, P.E.
Vice President
Agreed to and Accepled:
Print Name:
Address:
Date:
Page 4 of 4
UAl
11
-1» p,11y
PROFESSIONAL SERVICES AGREEMENT
This Agreement prepared on July 18, 2023 is by and between Indian River County Parks and Recreation with address at
1590 91h Street SW, Vero Beach, FL 32962 ("Client") and Carter Associates, Inc. ("CAI"), who agree as follows:
Client engages CAI to perform professional services (the "Services") for the compensation set forth in one or more proposals
or work authorizations (the "Proposal(s)") for one or more projects (the "Project(s)"). CAI shall be authorized to commence the
Services upon execution of the Proposal(s) by the Client. Client and CAI agree that this Agreement, the Proposal(s), and any
attachments herein incorporated by reference (the "Agreement") constitute the entire agreement between them.
I. CAI'S RESPONSIBILITIES: CAI shall perform or furnish the Services described in the Proposals, which shall be
combined and attached as part of this Agreement. Where the terms or conditions of any Proposal conflict with those of Parts
1 -III contained herein, the Proposal shall control for the Services performed under that Proposal only.
It. CLIENT'S RESPONSIBILITIES: Client, at its expense, shall do the following in a timely manner so as not to delay the
Services:
1. INFORMATION/REPORTS: Furnish CAI with all information, reports, studies, site characterizations, advice,
instructions, and similar information in its possession relating to the Project.
2. REPRESENTATIVE / ACCESS: Designate a representative for the Project who shall have the authority to transmit
instructions, receive information, interpret and define Client's policies, and make decisions with respect to the Services, and
provide CAI safe access to any premises necessary for CAI to provide the Services.
3. DECISIONS: Provide all criteria and full information as to requirements for the Project, obtain (with CAI's
assistance, if applicable) necessary approvals and permits, attend Project -related meetings, provide interim reviews on an
agreed-upon schedule, make decisions on Project alternatives, and participate in the Project to the extent necessary to allow
CAI to perform the Services.
III. COMPENSATION, BILLING, & PAYMENT: Client shall pay CAI for Services as denoted in the applicable Proposal and
in accordance with the standard rate schedule — Attachment B.
IV. STANDARD TERMS AND CONDITIONS: Attachment A.
The persons signing this Agreement warrant that they have the authority to sign as, or on behalf of, the party for whom they
are signing and each of the undersigned parties has caused this Agreement to be duly executed. This Agreement contains a
limitation of liability clause and the Client has read and consents to all terms.
APPROVED FOR "CLIENT" APPROVED FOR "CAI"
INDIAN RIVER COUNTY PARKS AND RECREATION CARTER ASSOCIATES, INC.
By:
Printed Name:
Title:
Effective Date:
Attachments:
A — Standard Terms and Conditions
B — Standard Rate Schedule
By:
Printed Rtrr a 'Vm hn t9- . V7 I %JV N
Title: \/#'C*_ T_,"WG v- 49 Lh
Page 1
ATTACHMENT A
STANDARD TERMS AND CONDITIONS
1. STANDARD OF CARE. The Services shall be performed with the
professional skill and care ordinarily provided by competent engineers
practicing under the same or similar circumstances and professional
license. The Services are not subject to, and CAI cannot provide, any
warranty or guarantee, express or implied, including warranties or
guarantees contained in any uniform commercial code, work
authorization, requisition, or notice, except as provided herein.
2. CHANGE OF SCOPE. The scope of Services set forth in any
Proposal is based on facts known at the time of execution of the
Proposal, including, if applicable, Client Data (defined below). As the
Project progresses, facts discovered, including, but not limited to, site
conditions or the existence of differing subsurface or physical conditions,
may indicate that the scope, pricing, or other terms must be redefined,
and the parties shall reasonably cooperate to equitably adjust the scope,
pricing, or terms of this Agreement accordingly.
3. SAFETY. CAI has established and maintains corporate programs
and procedures for the safety of its employees. Unless included as part
of the Services, CAI specifically disclaims any authority or responsibility
for general job site safety and safety of persons other than CAI
employees.
4. DELAYS. The Services shall be performed expeditiously as is
prudent considering the ordinary professional skill and care of a
competent engineer. Where CAI is prevented from completing any part
of the Services within the schedule provided under the Agreement due
to delay beyond its reasonable control, the schedule will be extended in
an amount of time equal to the time lost due to such delay so long as CAI
provides written explanation of the delay to Client. Except with regard to
payment of any amounts due CAI from any Services, neither party shall
be liable to the other for any delays or failure to act, due to unforeseeable
causes reasonably beyond the control of the party claiming such
circumstances.
5. TERMINATION/SUSPENSION. Either party may terminate this
Agreement upon thirty (30) days written notice to the other party. In the
event of termination, Client shall pay CAI for all Services, including profit
relating thereto, rendered prior to termination, plus any expenses of
termination. In the event either party defaults in its obligations under this
Agreement (including Client's obligation to make the payments required
hereunder), the non -defaulting party may suspend performance under
this Agreement. In the event of a suspension of Services, CAI shall have
no liability to the Client for delay or damage caused the Client because
of such suspension of Services. Before resuming Services. CAI shall be
paid all sums due prior to suspension and any expenses incurred in the
interruption and resumption of CAI's Services CAI's fees for the
remaining Services and the time schedules shall be equitably adjusted.
Obligations under this Agreement, which by their nature would continue
beyond the suspension or termination of this Agreement (e.g.,
indemnification), shall survive such suspension or termination.
6. RELATIONSHIP WITH CONTRACTORS I REVIEW. CAI shall
serve as Client's professional representative for the Services, and may
make recommendations to Client concerning actions relating to Client's
contractors, but CAI specifically disclaims any authority to direct or
supervise the means, methods, techniques, security or safety activities,
personnel, compliance, sequences, or procedures of construction
selected by Client's contractors. For Projects involving bid preparation,
CAI may supply standard contract forms, templates, or other documents
that will be executed between the Client and contractor(s). It is the
Client's responsibility to review those documents and to obtain legal
advice thereto. For Projects involving construction, Client acknowledges
that under generally accepted professional practice, interpretations of
construction documents in the field are normally required, and that
performance of construction -related services by the design professional
for the Project permits errors or omissions to be identified and corrected
at comparatively low cost. Evaluations of Client's budget for construction
and estimates prepared by CAI represent CATs judgment as a design
professional. It is recognized, however, that neither CAI nor Client have
control over the cost of labor, materials, or equipment, the contractor's
methods of determining bid prices, or competitive bidding, market, or
negotiating conditions. Accordingly, CAI cannot and does not warrant or
represent that bids or negotiated prices will not vary from Client's budget
or from any estimate of costs prepared or agreed to by CAI. Client
agrees to hold CAI harmless from any claims resulting from performance
of construction -related services by persons other than CAI and CAI shall
not be responsible for the contractor's failure to perform the Work in
accordance with the requirements of the Contract Documents. In
fulfilling its duties pursuant to the Agreement, Client permits CAI to elect
to subcontract to others certain tasks in its scope of Services.
7. INSURANCE. CAI will maintain insurance coverage for
Professional Liability, Commercial Liability, Auto, and Workers'
Compensation in amounts in accordance with legal and business
requirements. Certificates evidencing such coverage will be provided to
Client upon request. For Projects involving construction, Client agrees
to require its construction contractor, if any, to include CAI as an
additional insured on its policies relating to the Project. CAI's coverages
referenced above shall, in such case, be excess over any contractor's
primary coverage. Client shall require its construction contractor to
include CAI as an indemnitee under any indemnification obligation of
contractor to Client to the fullest extent allowed by law.
8. SITE CONDITIONS. Hazardous, archaeological, paleontological,
cultural, biological, or other materials, protected resources, unknown
underground facilities, or other conditions ("Conditions") may exist at a
site where there is no reason to believe they could or should be present.
CAI and Client agree that the discovery of unanticipated Conditions
constitutes a changed condition that may mandate a renegotiation of the
scope of Services. CAI will notify Client should unanticipated Conditions
be encountered. Client acknowledges and agrees that it retains title to
all Conditions existing on the site and shall report to the appropriate
public agencies, as required, any Conditions at the site that may present
a potential danger to the public health, safety, or the environment. Client
shall execute any manifests in connection with avoidance, containment,
transportation, storage, or disposal of Conditions resulting from the site.
9. INDEMNITY. CAI shall indemnify Client from and against liability
for damage to the extent that the damage is actually caused by or results
from an act of negligence, intentional tort, intellectual property
infringement, or failure to pay a subcontractor or supplier committed by
CAI, CAI's agent, or another entity over which CAI exercises control.
10. LIMITATION OF LIABILITY. Client agrees that, to the fullest
extent permitted by law, CAI's total liability to Client for any and all
injuries, claims, losses, expenses or damages whatsoever arising out of
or in any way related to the Project or this Agreement from any causes
including, but not limited to, CAI's negligence, errors, omissions, strict
liability, or breach of contract, and whether claimed directly or by way of
contribution, shall not exceed the total compensation received by CAI for
the relevant work authorization or proposal under this Agreement. If
Client desires a limit of liability greater than that provided above, Client
and CAI shall include in Part III of this Agreement the amount of such
limit and the additional compensation to be paid to CAI for assumption of
Such additional risk. PURSUANT TO F.S. 558.0035,
AN EMPLOYEE OR AGENT OF CAI MAY
Page 2
NOT BE HELD INDIVIDUALLY LIABLE FOR
NEGLIGENCE.
11. CONSEQUENTIAL DAMAGES. IN NO EVENT WILL EITHER
PARTY BE LIABLE TO THE OTHER FOR CONSEQUENTIAL,
INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES,
INCLUDING LOST REVENUES, LOSS OF USE, LOSS OF
FINANCING, LOSS OF REPUTATION, LOST PROFITS, DELAYS, OR
OTHER ECONOMIC LOSS ARISING FROM ANY CAUSE INCLUDING
BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, STRICT
LIABILITY OR ANY OTHER CAUSE WHATSOEVER,
NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO
THE CONTRARY. REGARDLESS OF LEGAL THEORY, CAI SHALL
BE LIABLE ONLYTOTHE EXTENTTHATANY DAMAGES SPECIFIED
HEREIN ARE FOUND BY A FINAL COURT OF COMPETENT
JURISDICTION TO HAVE BEEN THE SEVERAL LIABILITY OF CAI.
TO THE EXTENT PERMITTED BY LAW, ANY STATUTORY
REMEDIES THAT ARE INCONSISTENT WITH THIS PROVISION OF
THE AGREEMENT ARE WAIVED.
12. REUSE OF PROJECT DELIVERABLES. Reuse of any
documents or other deliverables, including electronic media, pertaining
to the Project by Client for any purpose other than that for which such
were originally prepared, or alteration of such without the written
verification or adaptation by CAI for the specific purpose intended, shall
be at the Client's risk. All title blocks and the engineer's seal, if
applicable, shall be removed if Client provides deliverables in electronic
media to any third party. Any modification of the plans will be evidenced
on the plans and be signed and sealed by a licensed professional prior
to re -use of modified plans. Client agrees that relevant analyses,
findings, and reports provided in electronic media shall also be provided
in hard copy and that the hard copy shall govern in the case of a
discrepancy between the two versions, and shall be held as the official
set of drawings, as signed and sealed. Client shall be afforded a period
of thirty (30) days to check the hard copy against the electronic media.
In the event that any error or inconsistency is found during that time, CAI
shall be advised and the inconsistency shall be corrected at no additional
cost to Client. Following the expiration of this notice period, Client shall
bear all responsibility for the care, custody, and control of the electronic
media. In addition, Client represents that it shall retain the necessary
mechanisms to read the electronic media. Client agrees to indemnify
and hold harmless CAI from all claims, damages, and expenses
(including reasonable litigation costs) arising out of such reuse or
alteration by Client or others acting through Client.
13. CLIENT DATA. Client or any third party designated by Client may
provide information, reports, studies, site characterizations, advice,
instructions, and similar information in its possession relating to the
Project ("Client Data"). CAI may reasonably and in good faith rely upon
the accuracy of Client Data and unless described as part of the Services,
CAI is not required to audit, examine, or verify Client Data. However,
CAI will not ignore the implications of information furnished to CAI and
may make reasonable inquiries if Client Data as furnished appears to be
incorrect or incomplete. CAI makes no representations or warranties
(express or implied) as the quality, accuracy, usefulness, or
completeness of any Services to the extent CAI relies on Client Data.
CAI, its affiliates, its officers, directors, and employees shall have no
liability whatsoever with respect to the use of unreliable, inaccurate, or
incomplete Client Data.
14. ASSIGNMENT/BENEFICIARIES. Neither party may assign this
Agreement without the written consent of the other party. With the
exception of such assignments, nothing contained in this Agreement, nor
the performance of the parties hereunder, is intended to benefit, nor shall
inure to the benefit of, any third party, including Client's contractors, if
any. The Services may be performed by any affiliated company of CAI
under its common insurance program.
15. AMENDMENT, NO WAIVER, & SEVERABILITY. This Agreement
can be amended in writing and signed by the parties. No waiver by either
party of any default by the other party in the performance of this
Agreement shall invalidate any other section of this Agreement or
operate as a waiver of any future default, whether like or different in
character. The various terms, provisions, and covenants herein
contained shall be deemed to be separate and severable, and the
invalidity or unenforceability of any of them shall not affect or impair the
validity or enforceability of the remainder.
16. INDEPENDENT PARTIES. Each party is an independent entity
and is not a partner, agent, principal, or employee of the other party,
unless otherwise agreed to by the parties in writing.
17. STATUTE OF LIMITATION. To the fullest extent permitted by law,
the parties agree that the time period for bringing claims under this
Agreement shall expire one (1) year after Project completion.
18. STATUTORY TERMS APPLICABLE TO STATE POLITICAL
SUBDIVISIONS. As provided in F.S. 287.135, CAI certifies that it has
not been placed on the Scrutinized Companies that Boycott Israel List,
nor is engaged in a boycott of Israel pursuant to F.S. 215.4725, and it
has not been placed on the Scrutinized Companies with Activities in
Sudan List or Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List pursuant to F.S. 215.473, nor is engaged in business
operations in Cuba or Syria. This Agreement may be terminated at the
option of the Client if CAI is found to have been placed on the Scrutinized
Companies that Boycott Israel List or is engaged in a boycott of Israel,
or is found to have submitted a false certification as provided under F.S.
287.135 (5), been placed on the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or been engaged in business operations
in Cuba or Syria.
19. DISPUTE RESOLUTION. The parties shall attempt to settle all
claims, disputes, and controversies arising out of or in relation to the
performance, interpretation, application, or enforcement of this
Agreement, including but not limited to breach thereof, by discussion
between the parties' senior representatives. If any dispute cannot be
resolved in this manner, within five (5) business days, the parties agree
to refer such claims, disputes, and controversies to mediation by a
mediator mutually agreed to and equally paid for by the parties before,
and as a condition precedent to, the initiation of any adjudicative action
or proceeding, including arbitration. The mediator shall convene the
mediation at the request of either party, and the mediation will last at
such times and as long as the mediator reasonably believes agreement
is probable. Notwithstanding the foregoing, prior to or during negotiation
or mediation, either party may initiate litigation that would otherwise
become barred by a statute of limitation. In the event any actions are
brought to enforce this Agreement, the prevailing party shall be entitled
to collect its litigation costs including reasonable attorney's fees from the
other party.
20. LITIGATION SUPPORT. CAI will not be obligated to provide
expert witness or other litigation support related to its Services, unless
expressly agreed in writing. In the event CAI is required to respond to a
subpoena, inquiry, or other legal process related to the Services in
connection with a proceeding to which CAI is not a party, Client will
reimburse CAI for its costs and compensate CAI at its then standard
rates for the time it incurs in gathering information and documents and
attending depositions, hearings, and the like.
21. GOVERNING LAW. This Agreement shall be governed by and
construed and enforced in accordance with the laws of the State of
Florida without giving effect to any conflict or choice of law rules or
principles under which the law of any otherjurisdiction would apply. Each
party hereby submits to the jurisdiction of the federal and state courts
located in the county of CAI's address and agrees that such courts shall
be exclusive forum and venue for resolving any legal suit, action or
proceeding arising out of or relating to this Agreement.
Ver. 16MAY2023
Page 3
ATTACHMENT B
STANDARD RATE SCHEDULE
JANUARY 2019
Staff Type: Hourly
Rates
Engineer (Principal)
$165.00
Engineer I
$140.00
Engineer II
$125.00
Engineer II1
$115.00
Engineer IV
$105.00
Engineer V
$ 95.00
Surveyor (Principal)
$ 165.00
Surveyor (Sr. Consultant)
$140.00
Surveyor I
$140.00
Surveyor II
$125.00
Surveyor III
$105.00
CAD/GIS Tech 1
$115.00
CAD/GIS Tech II
$110.00
CAD/GIS Tech III
$105.00
CAD/GIS Tech 1V
$ 95.00
CAD/GIS Tech V
$ 85.00
Administrative Staff
$ 60.00
Expert Witness
$300.00
4 Man Survey Crew
$175.00
3 -Man Survey Crew
$150.00
2 -Man Survey Crew
$135.00
1 -Man Survey Crew
$110.00
Inspector
$ 65.00
SPECIALIZED EOUIPMENT:
Leica HD P40 Scanner
$175.00/Hour
Aluminum Boat
$500.00/Day
All -Terrain Vehicle (ATV)/Trailer
$250.00/Day
$1,000.00/Week
REIMBURSABLE EXPENSES:
Postage, Express Mail, etc.
Cost
BlucprintsBlackline (24" x 36")
$2.00/Each
Color Prints (24"x36)
$5.00/Each
Mileage
IRS Standard Rate
Mylar
$7.00/Hach
Photocopies:
8.5" x 11"
15¢/Each
8.5" x 14"
25¢/Each
11" x 17"
350/Each
Concrete Monuments
$20.00/Each
Rebar
$ 2.50/Each
Laths
$ 0.75/Each
Hubs
$ 1.00/Each
Sub -Consultants
Cost + 10%
Note: These hourly billing rates will remain in effect for the duration of this agreement.
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