HomeMy WebLinkAbout2024-013CONSULTING ENGINEERING SERVICES AGREEMENT FOR OSLO PARK PAVING
AND DRAINAGE PROJECT (IRC -2308)
THIS AGREEMENT for PROFESSIONAL SERVICES ("Agreement"), entered into
as of this 9th day of January, 2024 by and between Indian River County, a political subdivision
of the State of Florida ("County"), and Carter Associates, Inc., ("Consultant"):
BACKGROUND RECITALS:
A. In accordance with the Consultants' Competitive Negotiations Act, Section 287.055,
Florida Statutes, the County solicited, evaluated and developed ranking of firms to provide
Design Services for Oslo Park Paving and Drainage ("Project"), based on statement of
qualifications received in response to Request for Qualifications 2023057.
B. As a result of its response, the County has selected Consultant to provide certain
professional services relating to Oslo Park Paving and Drainage Services ("Services") as more
fully set forth in the Phase 1 Scope of Work, attached as "Exhibit A" to this Agreement and made
a part hereof by reference.
C. The Consultant is willing and able to perform the Services for the County on the terms
and conditions set forth below; and
D. The County and the Consultant wish to enter into this Agreement for the Consultant's
Services for the Project.
NOW THEREFORE, in recognition and consideration of the above Recitals, which are not
merely prefatory, but are incorporated by reference as though fully set forth herein and form
part of the consideration, terms and conditions of this Agreement, and 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 The Background Recitals are true and correct and form a material part of this
Agreement.
1.2 Professional services provided by the Consultant for the County will include
survey, geotechnical investigation, permitting investigation, conceptual design, and public
outreach, as identified in Exhibit A. The parties agree that the not to exceed services rates in
Exhibit A are the basis to be used for billing purposes and that method of Consultant's
compensation is set forth in section 5. Consultant's services will be performed in a timely,
efficient, cost effective manner. In the performance of professional services, the Consultant will
use that degree of care and skill ordinarily exercised by other similar professionals in the field
under similar conditions in similar localities ("standard of care"). The Consultant will use due
care in performing its services and will have due regard for acceptable engineering design
standards and principles. Consultant's standard of care shall not be altered by the application,
interpretation, or construction of any other provision of this Agreement.
1.3 Additional services which would increase, decrease or which are otherwise
outside the scope of Services or level of effort contemplated by the Exhibit(s) 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 An amendment to this Agreement is anticipated to define expectations and
compensation for Phase 2 services, to include final design plan development, permitting, and
utility coordination/adjustments.
2. COUN'T'Y 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 services to be performed under this
Agreement, together with all available drawings, surveys, right-of-way maps, and other
documents in the possession of the County pertinent to the Project and as otherwise provided
in Exhibit A. The Consultant is responsible for bringing to the County's attention, for the
County's resolution, material inconsistencies or errors in such data that are made known to the
Consultant, but Consultant is not responsible for discovering errors, omissions, or
inconsistencies in the drawings or data provided.
2.2 The County shall provide all criteria and full information as to the
requirements for the Project, attend Project -related meeting, provide interim reviews on
an agreed-upon schedule, make decisions on Project alternatives, and participate in the
Project to the extent necessary to allow Consultant to perform the services.
2.3 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 timely written request of Consultant to
County.
2.4 The County shall promptly execute all permit applications necessary to the
Project.
2.5 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.
2.6 The County will appoint a Project Manager who 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
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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, the Work Order shall be modified in writing as set forth in this Agreement, at no
additional cost to the County, 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 performance of
Consultant's subconsultants and subcontractors is with Consultant's reasonable control.
The parties also 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.
2.9 The County shall be responsible for acquiring all rights-of-way, easements, and
other rights in land, as necessary to complete the project.
2.10 The County shall be responsible for notifying residences in the Project area of
the work, and informing them that Consultant will be encroaching on their properties for the
purposes of conducting surveys and investigations.
3. RESPONSIBILITIES OF THE CONSULTANT.
3.1 The Consultant agrees to perform all necessary Services as outlined in Exhibit A,
in connection with the assigned Project as set forth in this Agreement.
3.2 The Consultant agrees to complete the Project in a timely manner and within a
mutually agreed upon schedule, as may be modified from time to time.
3.3 The Consultant will maintain an adequate staff of qualified personnel and assign
them to work on the project as necessary to complete the agreed upon scope of services.
3.4 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.
3.5 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.
3.6 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,
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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 subconsultants to comply by contract with the provisions of this section.
3.7 The Consultant will cooperate fully with the County in order that all phases of
the Services may be properly scheduled and coordinated.
3.8 The Consultant will cooperate and coordinate with other County consultants, as
directed by the County.
3.9 The Consultant shall report the status of the Services under this Agreement to
the County Project Manager upon request and hold all related work open to the review of the
County Project Manager or his authorized agent at any time, upon reasonable request.
3.10 All documents, reports, field books, survey notes and information, and other
data developed by the Consultant for the purpose of this Agreement, shall become the property
of the County upon payment for the Services. The foregoing items will be created, maintained,
updated, and provided in the format specified by the County. When all Services contemplated
under this Agreement is complete and payment in full is made, all of the above data shall be
delivered to the County Project Manager.
3.11 The Consultant will confer with the County during the project(s) for which the
Consultant has provided Services, and the Consultant will make corrections to the Consultant's
Work Product due to the fault of Consultant, based on the Scope of Services Defined in Exhibit
A, at no additional cost to the County, within thirty (30) calendar days of notice by the County,
or upon a determination of the Consultant that corrections are needed, whichever event shall
first occur.
3.12 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 during normal business hours upon
five (5) business days' notice to Consultant and through any of its designated agents or
representatives, to inspect and audit the Books in conformance with generally accepted
auditing standards 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.
3.13 The Consultant shall not assign or transfer any work under this Agreement
without the prior written consent of the County. However, the Consultant is permitted to retain
subconsultants to perform work under this Agreement. When applicable and upon receipt of
such consent from the County, the Consultant shall cause the names of the professional
subconsultant firms responsible for the major portions of each separate specialty of the work
to be inserted on the reports or other data.
3.14 All documents, 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 documents
prepared by the Consultant is prohibited and shall be at the County's own risk. The Consultant
shall not be held liable for any modifications made to the documents by others.
3.15 Consultant is registered with and will use the Department of Homeland
Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all
newly hired employees for the duration of this agreement, as required by Section 448•095,
F.S. Consultant is also responsible for obtaining proof of E -Verify registration and utilization
for all subconsultants.
3.16 The Consultant shall not be held liable for any modifications made to the
documents by others.
3.17 Where services hereunder include preparation of drawings and other contract
documents by Consultant and where, notwithstanding acceptance and approval by the
County thereof, in the opinion of the County, drawings and other contract documents so
prepared are found during the course of construction to require modification due to the
oversight, inadvertence or negligent omissions of, errors by, or lack of detail provided by
Consultant, such modifications must be made by Consultant without additional
compensation. Where such contract documents are used in letting a contract for
construction, Consultant will assume responsibility for any direct or actual damages suffered
or incurred by the County, including, but not limited to, any increase in compensation due to
a construction contractor, which increase is directly attributable to the required changes in
the Drawings or other contract documents to the extent caused by Consultant's negligent
acts, omissions, or errors.
3.18 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 laws for all
damages to the County caused by the negligent performance by the Consultant of any of
the Services furnished under this Agreement.
4. TERM: TIME FOR COMPLETION.
4.1 The time for completion of the Services shall be defined in Exhibit A.
5. COMPENSATION.
5.1 The County shall pay to the Consultant a mutually agreed professional fee, to
be paid in monthly installments or on a deliverable basis, all as set forth in Exhibit A.
Invoices 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 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 Florida Prompt Payment Act, as may be amended from time
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to time (Section 218.7o, Florida Statutes, et seq.)
5.1.1 The Consultant acknowledges and agrees that it will not be reimbursed for travel
within the State of Florida.
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, 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 Exhibit A 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 subconsultant, such additional services by a written
amendment to this Agreement.
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.
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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 (or such insurance should have a blanket
additional insured endorsement) on commercial general liability policy.
7.6 The insurance companies selected shall send written verification to the County
Risk Manager that they will provide 3o days prior written notice to the County Risk Manager
of its intent to cancel any required policies of insurance.
7.7 Consultant shall furnish separate certificates and endorsements for each
subconsultant. All coverages for subconsultants shall be subject to all of the requirements
stated herein.
7.8 Consultant agrees that it now carries and will continue to carry during the
performance of this Agreement, at its own expense, the applicable insurance policies indicated
below, with limits not less than those specified. Any insurance on a "claims made" basis shall
be maintained for at least 3 years after completion of the Services.
A. Worker's Compensation — Statutory
B. Employer's Liability - $1,000,00o per occurrence
C. Commercial General and Contractual Liability — $1,000,000 per occurrence
D. Automobile Liability - $500,000 per occurrence
E. Umbrella Liability - $2,000,00o aggregate (in excess of B., C. and D. above)
F. Professional Liability - $1,000,00o per claim/aggregate.
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 (where recoverable under law), 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 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 shall be obligated to pay
the Consultant for those portions of completed work previously authorized under this
Agreement. Such payment shall be determined on the basis of the percentage of work
performed by the Consultant, 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 In addition to the termination rights set forth in 8.1, the obligation to provide
services under this Agreement may be terminated by either party upon seven (7) days prior
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written notice in the event of substantial failure by the other parry 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 an intended false invoice to the County.
8.8 TERMINATION IN REGARDS TO F.S. 287.135: Consultant certifies that it and
those related entities of Consultant as defined by Florida law are not on the Scrutinized
Companies that Boycott Israel List, created pursuant to S. 215.4725 of the Florida Statutes, and
are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of
one million dollars or more, Consultant certifies that it and those related entities of Consultant
as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List
or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created
pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations
in Cuba or Syria.
8.8.1 County may terminate this Contract if Consultant is found to have submitted a
false certification as provided under section 287.135(5), Florida Statutes, 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, as defined by section 287.135, Florida Statutes.
8.8.2 County may terminate this Contract if Consultant, including all wholly owned
subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of
making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel
List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes.
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. The original contract price and any additions thereto will be adjusted to
exclude any significant sums by which the County determines the contract price was increased
due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such
contract adjustments must be made within 1 year following the end of the contract. County has
the authority and right to audit Consultant's records under this provision. The County does
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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. Notwithstanding any provision of this
Agreement to the contrary, in no event shall either party be liable to the other for
consequential, incidental, punitive, special, or exemplary damages, including lost revenues,
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. To the extent permitted
by law, any statutory remedies that are inconsistent with this provision of the Agreement are
waived.
10.4 Remedies: No Waiver. All remedies provided in this Agreement shall be deemed
cumulative and additional, and not in lieu or exclusive of each other or of any other remedy
available to either party, at law or in equity. Each right, power and remedy of the parties
provided for in this Agreement shall be cumulative and concurrent and shall be in addition to
every other right, power or remedy provided for in this Agreement or now or hereafter existing
at law or in equity or by statute or otherwise. The failure of either party to insist upon
compliance by the other party with any obligation, or exercise any remedy, does not waive the
right to so in the event of a continuing or subsequent delinquency or default. A party's waver
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of one or more defaults does not constitute a waiver of any other delinquency or default. If any
legal action or other proceeding is brought for the enforcement of this Agreement or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions
of this Agreement, each party shall bear its own costs.
10.5 Severabilitv. 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.
1o.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.
1o.8 Public Records. County is a public agency subject to Chapter 119, Florida
Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the
Consultant shall:
10.8.1 Keep and maintain public records required by the County to perform the
service.
1o.8.2 Upon request from the County's Custodian of Public Records, provide the
County with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as
otherwise provided by law.
1o.8.3 Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the Consultant
does not transfer the records to the County.
1o.8.4 Upon completion of the contract, transfer, at no cost, to the County all
public records in possession of the Consultant or keep and maintain public records required
by the County to perform the service. If the Consultant transfers all public records to the
County upon completion of the contract, the Consultant shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the Consultant keeps and maintains public records upon completion of the
contract, the Consultant shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the County, upon request from the
Custodian of Public Records, in a format that is compatible with the information technology
systems of the County.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER ng, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
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RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
(772) 226-1424
publicrecords(&indianriver.gov
Indian River County Office of the County Attorney
180127 th Street
Vero Beach, FL 3296o
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:
Coun Kirstin Leiendecker, Assistant Public Works Director
Indian River County, 1801 27th Street, Vero Beach, FL 3296o
kleiendeckerMndianrivengov
Consultant: Patrick Walther, Vice President
Carter Associates, Inc., 17o8 21St Street. Vero Beach, FL 3296o
p3yalther0 carterassoc. com
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.
Notices shall be effective when received at the address as specified above. Email
transmission is acceptable notice effective when received, provided, however, that email
transmissions received 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 parry 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.
lo.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.
10.13 PURSUANT TO FLA. STAT. § 558.0035, AN INDIVIDUAL
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EMPLOYEE OR AGENT OF THE CONSULTANT MAY NOT BE HELD
INDIVIDUALLY LIABLE FOR NEGLIGENCE. COUNTY agrees that, to
the fullest extent permitted by law, Consultant's total liability to County 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, Consultant'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 Consultant
under this Agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first
written above.
Carter Associates, Inc., An WA Company
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By
Patrick S. Walther, P.E., Vice President
Indian River County
By
, Chairman
Of C�111"�Z,�,y(C�OAtMISS��^✓��'.
Altegf Ryan L. Butler, Clerk of Court
and Comptroller
By
Deputy Clerk
Appr ved
An A. Tit anich, Jr., County Administrator
12
K.
form and legal sufficiency:
County Attorney
Exhibit A — Phase 1 Scope of Work
13
A.,(J4 company
December 11, 2023
Kirstin Leiendecker
Assistant Public Works Director
Indian River County Engineering Division
180127 1h Street
Vero Beach, Florida 32960
Re: Oslo Park Paving & Drainage Project (Phase 1)
IRC Project No. 2308
CAI Project No. 23-468E; Proposal Number: 23-25201
Dear Kirstin:
It is our pleasure to present for your acceptance, this proposed Agreement for engineering services
for the above referenced project. The project consists of converting approximately 4.5 miles of
unpaved residential roadways into paved roadways. The project includes analyzing and designing
improvements to the current drainage system including re-establishment of approximately 3 miles
of rear lot swales. The project design process will include a full survey of the project area. The
following describes our proposed scope of work and terms of agreement between Indian River
County (COUNTY) and Carter Associates, Inc. (CAI):
SECTION I — PROJECT LIMITS
The COUNTY desires to pave the following unpaved roadways between I I'h Street SW and 13th
Street SW:
• 17th Avenue SW
• 16th Avenue SW
0 15th Avenue SW
• 14th Avenue SW
• 13th Avenue SW
• 12th Court SW
• 12th Avenue SW
• 11th Terrace SW
• 11th Court SW
• 11th Avenue SW
• 10th COUrt SW
• 10th Avenue SW
0 91h Court SW
1708 21st Street, Vero Beach, Florida 32960 • t 772.562.4191 a carterassoc.com
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Also, the COUNTY desires to pave 12th Street SW and 13'h Street SW between 91h Court SW
and 17th Avenue SW.
The total length of unpaved roadways to be paved is approximately 4.5 miles.
The Oslo Park drainage area to be analyzed consists of approximately 0. 16 square miles confined
between 91h Court SW to the east and 17th Avenue SW to the west, and between 11th Street SW
to the north and IRFWCD Sub -Lateral Canal B-8 to the south. The existing Oslo Park drainage
system utilizes approximately 4.5 miles of roadside swales and approximately 3 miles of rear lot
swales to drain the subdivision from north to south and thence discharge via culverts under 13th
Street SW to IRFWCD Sub -Lateral Canal B-8. CAI will require access to all areas within Oslo
Park to conduct our investigation.
We anticipate additional drainage connections to IRFWCD Sub -Lateral Canal B-8 will be
necessary to accommodate the increase in stormwater runoff resulting from an increase in
impervious area due to the proposed paving.
SECTION II — SCOPE OF SERVICES
CAI agrees to perform professional engineering and related services in connection with the
project as required and as set forth in the following:
Phase One:
Following issuance of a Notice to Proceed (NTP), CAI will coordinate a kick-off meeting with
COUNTY staff to discuss specific issues relative to the project and to verify scope and design
parameters. Phase One will be completed within 6 months of NTP.
A. Survey: CAI will provide a full topographic and boundary survey of the existing right-
of-way, including roadways, driveways, mailboxes, trees, vegetation, drainage system
and all above ground obstacles. The survey will also include the rear lot swale system,
IRFWCD Sub -Lateral B-8 Canal, and aboveground/underground utility locations. CAI
will coordinate directly with utility providers to obtain information relative to the location
of underground utilities. The survey drawings will be utilized as base drawings for
engineering design.
Field Survey Crew Tasks
• Review survey objective and scope of project with field crew.
• Research subdivision control, plats, surveys, county provided survey information,
benchmarks, etc. Prepare field crew field file, work sheets and maps for survey
observations.
• Establish horizontal site control for project control and boundary reconnaissance.
• Establish vertical control for ground control points/aerial targets and site-specific
topographic survey.
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• Reconnoiter and locate subdivision PRM's, PCP's, block corners and lot corners,
as necessary.
• Perform site specific topography as required by the project engineer to include
visually obstructed areas from LiDAR, as built of all drainage structures,
IRFWCD and subdivision culverts, driveway culverts.
• Locate all trees and vegetation within the Oslo Park Subdivision road right of ways
only and rear lot line easement plus 5 feet outside of the easement.
• Perform cross sections of IRFWCD drainage canals.
• Coordinate with and observe underground utility locations by others.
Office Tasks:
• Calculations, boundary determination, differential level adjustments, coordination
with field and office staff
• Prepare survey base map of Oslo Park Subdivision geometry based on platted and
observed information.
• Prepare topographic survey of project site utilizing 3D LiDar surface prepared by
LJA as base map and field observed topography to create overall model and
contour map. Topographic survey to also include locations all improvements,
above ground (visible) utilities, vegetation, driveways (to garage apron), culverts,
mailboxes, etc. in the right of way.
• Prepare control sheets with 100 feet stationing for engineering design plans.
• Prepare sheets, title blocks and drawing sets for engineering design (approx. 85
sheets at 40 scale —11 "x 17").
• Prepare cover sheet, plan and profile sheets of right of ways and plan view rear lot
swale/easement.
• Input owner provided utility locations into survey base map.
• Quality Assurance and Quality Control
LiDAR
• LJA Surveying will perform LiDAR topographic survey with the required check
shots as specified by state regulations. LJA will produce a topographic survey with
1 foot contours and mapping of all planimetric's within the project limits.
• CAI will coordinate and assist LJA Surveying with placement of Ground Control
Points/Aerial Targets for performance of LiDar of project site.
• Establish horizontal and vertical control of Ground Control Points/Aerial Targets.
• Perform ground truthing shots for verification of LiDAR created 3D surface.
B. Geotechnical Investigation: CAI will coordinate sub -soil testing of the existing roadways
through our sub -consultant KSM. Paving section recommendations will be provided by
KSM. (Reference attached KSM Engineering and Testing scope of work and fee proposal
dated 10/20/2023).
C. Investigate Permitting Requirements: CAI will conduct formal pre -application meetings
with St. Johns River Water Management District (SJRWMD) and Indian River Farms
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Water Control District (IRFWCD) to confirm the project's permitting requirements. It is
anticipated the project will be eligible for permit exemption from the the SJRWMD water
quality treatment and attenuation of runoff requirements based on a plan to utilize a
roadway swale and rear lot swale system. CAI will request documentation from the
SJRWMD confirming the roadway and drainage improvements are eligible for permit
exemption. In the event it is determined that treatment and attenuation are required for
this project, CAI will address the requirement as an additional service. We anticipate new
drainage connections to IRFWCD Sub -Lateral Canal B-8 will be necessary therefore
drainage Connection Permit(s) from IRFWCD will be required and are included in this
scope.
D. Conceptual Design (30%): CAI will meet with and coordinate with COUNTY staff
throughout the design process. CAI will prepare up to eight (8) conceptual typical cross-
sections for the paved roadways including but not limited to:
• 22' wide pavement centered in right-of-way with swales
• 24' wide pavement centered in right-of-way with swales
• 22' pavement offset from centerline with future sidewalk and swales
• 22' pavement centered in right-of-way with Miami curb and exfiltration trench
system without swales
Based on a COUNTY chosen typical section and input from permitting agencies, CAI
will prepare conceptual design drawings of the roadway and drainage system
improvements for the first four streets and rear lot swales from west end of Oslo Park (i.e.
17th Ave SW, 16th Ave SW, 151h Ave SW, 14th Ave SW, and 12th St SW and 13'h St SW
between 17th Ave SW and 10 Ave SW — approximately 1.3 miles of roadway and 0.74
miles of rear lot swales). Conceptual plans to include cover sheet, typical sections, project
layout/control, plan/ profile w/ soil boring info and pavement marking & signage. Plans
will generally be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets.
E. Public Outreach: The COUNTY will organize a public meeting and notify home owners
of the meeting. CAI will assist the COUNTY by attending and presenting exhibits at the
meeting and answering questions that the public may have. Exhibits will typically consist
of conceptual plans, typical sections and aerials.
D. Miscellaneous: Following completion of the above described Phase 1 services CAI will
prepare a proposed amendment to this Agreement for Phase 2 services which will include
final design plan development, permitting and utility coordination/adjustments. The Phase
2 work will be based on the Phase 1 COUNTY approved conceptual design.
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SECTION III COMPENSATION
CAI will generally bill the COUNTY monthly for the previous month's charges. All tasks will be
invoiced on a percent complete basis plus expenses which will be invoiced in accordance with the
attached rate schedule. Reimbursable expenses are estimated to not exceed $3,000.00.
CAI's fees are summarized as follows:
Phase 1 Services:
A. Survey...................................................................................$188,750.00
B. Geotechnical Investigation (PLUS 10%) .................... ..............$11,610.00
C. Investigate Permitting Requirements ...................................................$5,480.00
D. Conceptual Design.......................................................................$71,520.00
E. Public Outreach...........................................................................$4,880.00
Subtotal = $282,240.00
Reimbursable Expenses = $3,000.00
Total = $285,240.00
If additional services are desired above and beyond the scope of work described herein, then fees
for additional services will be negotiated based on the attached rate schedule and shall be approved
by separate written authorization in the form of an amendment to this Agreement.
CAI looks forward to furnishing the services described herein. Our Man-hour/Fee estimate is
attached as Exhibit "A" for your use. Should you have any questions regarding our proposed scope
of work or terms of agreement, please feel free to call me at your convenience.
Sincerely,
CARTER ASSOCIATES, INC.
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)A, � 4
Patrick S. Walther, P.E.
Vice President
Attachments
Cc via e-mail: Jennifer Hyde
Adam Heltemes
David Schryver
David Luethje
Page 5 of 6
CARTER ASSOCIATESS INC.
NOVEMBER 2023 RATE SCHEDULE
Staff Tvne:
Hourly Rates
Engineer (Principal)
$195.00
Engineer I
$175.00
Engineer II
$160.00
Engineer III
$140.00
Engineer IV
$130.00
Engineer V
$115.00
Surveyor (Principal)
$185.00
Surveyor (Sr. Consultant)
$160.00
Surveyor I
$160.00
Surveyor II
$140.00
Surveyor III
$125.00
CAD/GIS Tech 1
$130.00
CAD/GIS Tech II
$125.00
CAD/GIS Tech III
$120.00
CAD/GIS Tech IV
CAD/GIS Tech V
$110.00
Administrative Staff
$100.00
Expert Witness
$ 75.00
4 Man Survey Crew
$350.00
3 -Man Survey Crew
$200.00
2 -Man Survey Crew
$175.00
1 -Man Survey Crew
$150.00
Inspector
$120.00
It Systems Administrator
$ 90.00
_SPECIALIZED EQUIPMENT:
$100.00
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.
Blueprints/Blackline (24" x 36")
Cost
$2.20/Each
Color Prints (24"x36)
$5.50/Each
Mileage IRS Standard Rate
Mylar
Photocopies:
$7.00/Each
8.5" x 1 I"
8.5" x 14"
16¢/Each
11"x 17"
27¢/Each
Concrete Monuments
38¢/Each
Rebar
$20.00/Each
Laths
$ 2.50/Each
Hubs
$ 0.75/Each
$ 1.00/Each
Sub -Consultants
Cost + 10%
Note: These hourly billing rates will remain effective up to (1) one year from contract date.
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