HomeMy WebLinkAbout2024-273ARCHITECTURE SERVICES WORK ORDER 2
This Work Order Number 2 is entered into as of this lnl day of October 2024
pursuant to that certain Continuing Contract Agreement, dated January 9, 2024, ("Agreement"), by and
between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and
Edlund Dntenbas. Binkley Architects and Associates. P A ("Consultant").
The COUNTY has selected the Consultant to perform the professional services set forth on
Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The
professional services will be performed by the Consultant for the mutually agreed upon lump sum or
maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing,
and at a rate not to exceed the prices set forth in Exhibit B of the Agreement (Rate Schedule) for RFQ
2023062, made a part hereof by this reference. The Consultant will perform the professional services
within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work
Order and made a part hereof by this reference all in accordance with the terms and provisions set
forth in the Agreement. 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 firs$„
written above.
CONSU(` ,NT
By:
Name: �o►•�+ CSt+aK�£'c
Title: flit ,bac �PAL
Itv3 4V.C*4ITIEG75
BOARD OF COUNTY COMM
INDIANJUVER COUNTY:
By/
Susa d.
BCC Approval
By: ,.1
ohn A. Ti
ms, Chairman
Date: October 22. 2024'9:.;FRc0ui1
anich, Jr., County Administrator
Approved as to Form and Legal Sufficiency:
By:
nnifer . Shuler, County Attorney
Ryan L. B�t1er, Clerk of Cg rt and Comptroller
Attest: /
Deputy Clerk
(SEAL)
October 8, 2024
EOLUND - ORITENBAS BINKLEY
ARCHITECTS AND ASSOCIATES, P.A.
65 Royal Palm Pointe, Ste D
Vero Beach, FL 32960
Ph: (772) 5694320 Fax (772) 569-9208
TO: Indian River County Fire District
Attn: Deputy Fire Chief David Rattray
RE: Proposal for Architectural Services Station # 15
Comm. #070424VB
Dear Chief Rattray:
!"'This letter shall serve as our proposal and agreement for the preparation of documents necessary
fir construction of the above referenced project. Also attached is a copy of MBV's proposal to
us for' -civil services including landscape design, environmental studies, and surveying. These
service's will be included as part of this agreement.
1. SCOPE
To provide construction documents for a new 3 -bay- fire station based on the latest 9,035 Station
#7 prototype, with minor revisions as needed. The site is located at 9010 87th Street, Vero Beach,
FL.
1I. ARCHITECTS BASIC SERVICES
The Architect shall provide full permit documents for construction. Documents and services
provided by the Architect and big,employed civil, surveyor, structural, mechanical, electrical,
and plumbing engineering subconsultants will include the following:
1) Data collection, additional field verifications, and meetings as required.
2) Civil engineer services by MBV for development of site design construction
documents/permitting for drainage and utilities, landscape design, environmental
studies, and site plan approval.
3) Survey work in areas of improvement. See attached proposal from MBV.
4) Construction documents for code compliance, modifications as needed.
5) Address plan review comments and make revisions as required.
6) Assist in obtaining construction bids, bidding administration, addendums as needed.
7) Construction administration shall be for periodic construction observations twice
monthly, RFI responses, submittals review, review of pay applications and any
changes in the work. A punch list and final inspection will also be done.
III. ARCHITECT'S FEES FOR BASIC SERVICES
5% of $3,984,050 anticipated construction cost (see attached opinion of cost).
Schematic Design / Design Development
Construction Documents
Bidding/Pennitting
Construction Administration
Reimbursable Expenses
$59,760
$99,600
$9,960
$29.88
Subtotal 199,200
Architect & Engineer Fees I otal
Civil Engineer (MBV) Fees (proposal attached)
Survey MBV (proposal attached)
Total Fees
IV. PAYMENTS TO THE ARCHITECT
As per agreement 2023062.
V. ASSUMPTIONS
$1.500
$200,700
$91,950
$16,450
$309,100
A. All structural, mechanical, electrical, plumbing engineering consultant fees are
included in this proposal
B. All civil engineer fees will be included in this proposal.
C. Site will not require specialized foundation system due to unstable soils.
Page 2 of 4
VI. OWNER'S RESPONSIBILITIES
A. Your office, by way of the management office, must famish all available documents
and to assist the Architect in familiarizing himself with the existing site infrastructure.
surveys, etc.
B. Your office must pay all applicable fees to agencies having jurisdiction over this
project, or as otherwise noted in MBV's civil services proposal.
C. Owner shall be responsible for all reprographic services for construction documents.
D. Site plan approval, all drainage and site utility permits will be by civil engineer.
E. Landscape architect and/or landscape design costs will be included in this proposal.
F. In unstable soil conditions are encountered after soil testing is performed and a
specialized foundation will be required, this will be handled as an additional service.
G. Costs for soil borings/soil testing will be by owner.
VII. ARCHITECT'S HOURLY RATE SCHEDULE
As per agreement 2023062.
VIII. ADDITIONAL SERVICES
The following services may be provided when authorized by the Owner. The Owner will
compensate the Architect at the rates stipulated in Article VII.
I ) Interior decorating.
2) Consultation concerning replacements of any work damaged by fire or other
cause during construction.
3) Making revisions in drawings, specifications or other documents when such
revisions are inconsistent with instruction previously given by the Owner or any
agent authorized by the Owner.
4) Preparing as built drawings showing significant changes in work during
construction or immediately after building completion.
5) Providing or attending any board or agency presentation or negotiation at City,
County or any permitting agencies having jurisdiction over the project.
6) Providing detailed preliminary cost data prior to construction documents.
7) Specialized engineering studies and design.
8) Security and surveillance systems design, billed at cost plus 15%.
9) Special consultants outside the normal structural, mechanical, electrical,
plumbing, and civil services, billed at cost plus 15%.
10) Additional site visits beyond those stipulated in Article II.
Page 3 of 4
IX. REIMBURSABLE EXPENSES
Any expenses related to additional services due to a change in scope or program will be
invoiced, as incurred, to the Owner at the following rates:
1) Mileage at $0.67 per mile.
2) In House 24" x 36" prints at $2.50 each.
3) Outsourced printing services: a multiple of 15% direct cost.
4) Special postage or mailing: a multiple of 15% direct cost.
5) Photocopies at $0.25 per sheet.
6) Flash drives with PDF files of drawings to owner and/or contractors at S 10.00
each.
X. GENERAL
As per agreement 2023062.
If you have any questions regarding this agreement, please call. Please initiate this agreement
and return one copy to the architect to authorize commencement of the project.
Sincerely,
Date
VA U ry `,
Jain F. Binkley, A.I.A. Accepted
Architect Owner
Page 4 of 4
lop
=MBV
ENGINEERING, INC.
MOIA BOWLES VILLAMIZAR & ASSOCIATES
www.mbveng.com CA #3728
October 7, 2024
Mr. John Binkley Via E -Mail (edbvero@bellsouth.net)
Edlund, Dritenbas, Binkley Architects, P.A.
65 Royal Palm Pointe, #D
Vero Beach, FL 32960
Subject: Proposal / Contract for Professional Engineering Services for the
Indian River County Fire Station 15
Indian River County, Florida
Engineer's Project Number: 24-0399
Contractee: Mr. John Binkley
Dear Mr. Binkley:
At your request, we are hereby submitting our proposal to provide professional services for the
above subject project.
A. Description of Project and Services:
As per our coordination, it is our understanding you are looking to develop a 10.5 +/- acre, RS -
3 zoned property located at 9010 87"1' Street in Indian River County. Furthermore, we understand
you are looking to construct a 9,000 +/- SF Fire Station building (Fire Station #15) with required
site improvements including paving, stormwater, utilities, and landscaping. As such, please find
below our proposed scope of services for the above-described development.
B. Scope of Work / Services:
Based on our understanding of the rules and regulations of the governing agencies, our
performance of the work would include the following services and disciplines, as needed and/or
required:
Task 1— Survey Services (SUR -1)
This task includes all items to provide surveying and mapping services for the subject project.
1. Boundary survey with improvements.
1835 20th Street
1250 W. Eau Gallie Blvd. Unit H
806 Delaware Avenue
Vero Beach, FL 32960
Melbourne. FL 32935
Ft Pierce, FL 34950
772.569.0035
321.253.1510
772468.9055
Fax 772778.3617
Fax 321.253.091 1
Fax 772 778.3617
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Mr. John Binkley
October 7, 2024
Page 2
Proposal: 24-0399
2. Depict all easements/ right of ways shown on Record Plat or known to surveyor.
3. Depict current flood zone lines, if applicable.
4. Project scope area for topographic and tree survey to commence at the southwest comer of
87th Street and 91' Avenue and extend north approximately 500 feet and easterly to the
west edge of the existing retention pond.
5. Topographic survey, minimum 50 -foot grid within project scope area.
6. LiDAR scanning for enhanced elevation saturation and mapping within project scope area.
7. Locate desirable trees 8" dbh and above within project scope area.
8. Locate visible above ground utilities with elevations where applicable within project scope
area.
9. Locate and depict visible sanitary sewer force main markers at the intersection of CR 510
and 87th Street.
10. Locate and depict visible water main markers along 87th Street between 91St Avenue and
CR 510.
11. Locate existing drainage structures including rim elevation, pipe invert, size, type and
direction within project scope area.
12. Locate and depict west edge of retention pond on adjacent parcel via top of bank and top
of water elevations within project scope area.
13. Provide sufficient elevations on site to determine existing drainage patterns.
14. Provide 6 certified copies of the completed survey, including all the above.
15. Provide a PDF copy of the survey, upon request
Task 2 — Environmental Consulting Services (ENV -1)
1. Environmental Impact Report
a. Flora and Fauna Study
b. Soils Study
C. Hydrology Study
d. Wetland Determination
e. Other Surface Water Determination
f. Protected Species Determination
g. GIS Mapping by Aerial Interpretation and Ground Truthing
h. PDF file of the completed report
2. Gopher Tortoise 100% Suitable Habitat Survey
a. Burrow Flagging and Location
b. GIS Mapping of all burrows
C. Population Estimate
d. Relocation Estimate (if applicable)
e. Gopher Tortoise Survey Update within 90 days prior to commencement
■
Mr. John Binkley
October 7, 2024
Page 3
Proposal: 24-0399
3. State Environmental Resource Permitting Assistance
a. Coordination w/SJRWMD, IRC, Engineer, Surveyor for Environmental Resource
Permitting
b. Lake/Pond SHWL Determination
C. Coordinate with FWS and FWC regarding protected species impacts
d. RAI coordination with State Permit Reviewers
Task 3 — Civil Preliminary Coordination & Pre -Application Meetings (CIV -1)
This task includes the below services associated with the preliminary civil engineering
coordination and Pre -Application meetings with the below jurisdictional agencies in preparation
for design and permitting phase.
1. Project coordination with the following regulatory agencies:
a. Indian River County (IRC)
b. Sebastian River Improvement District (SRID)
C. St. John's River Water Management District (SJRWMD)
2. Development of Conceptual Site Plan layout to be utilized for agency pre -application
meetings. Architect to provide MBV abuilding footprint layout to be used in all Civil plans.
3. Coordination with Client/MC prior to Pre -Application meetings with jurisdictional
agencies.
4. Preparation of the following pre -application forms and packages and attendance at
meetings:
a. IRC pre -application meeting form
b. SRID pre -application meeting form
C. SJRWMD pre -application meeting form
Task 4 — Civil Design & Permitting (CIV -2)
This task includes the below services associated with Civil design and permitting of the project.
1. Project coordination with the following regulatory agencies:
a. Indian River County (IRC)
b. Sebastian River Improvement District (SRID)
C. St. John's River Water Management District (SJRWMD)
d. Florida Department of Environmental Protection (FDEP)
2. Review of the required boundary, topographic, tree and adjacent roadway survey. It is
understood that the existing conditions survey will be provided by others to MBV in both
CAD and hard copy formats to be utilized in the design of the project. The cost of survey
work has been included in this proposal. See Task 1 for survey scope.
=,
10
Mr. John Binkley
October 7, 2024
Page 4
Proposal: 24-0399
3. Review of the subsurface soils investigation. No cost of geotech work is included in this
proposal. MBV will assist in identifying approximate soil boring locations needed for the
civil portion of the site development. The geotechnical firm shall contract directly with
Owner.
4. Attendance at four (4) design development meetings with IRC and project Architect for
site plan layout completion.
5. Finalization of the Civil site plan layout.
6. Development of the stormwater adICPR drainage model and calculations for the
development's stormwater containment system sizing and runoff analysis.
7. Design of the paving, grading, and drainage system.
8. Design of the on-site utilities. We assume that water and sewer service is available adjacent
to the site. No cost of off-site utility design or permitting is included in this proposal.
9. Coordination with the project Architect. It is understood the Architect will provide all final
building layouts, inclusive of MEP utilities, to MBV in CAD formats to be used in the
development of the site construction documents. MBV will provide Civil design plan
documents in CAD formats as requested by the project Architect throughout the course of
the design and permitting phase.
10. Project coordination with the landscape architect. MBV shall coordinate with the
Landscape Architect during the design process and provide CAD base plans as required
for the development of the Landscape Plans and details. Landscape architect shall provide
all landscape design plans and responses to comments as needed for project permitting.
The cost of landscape design and permitting services has been included in this proposal.
See Task 8 for Landscape Design scope.
11. Project coordination with the Environmentalist. MBV shall coordinate with the project
Environmentalist during the design process and provide CAD base plans as required for
the development of any Environmental documents. The Environmental consultant shall
provide all reports, plans, applications, and responses to comments as needed for project
permitting. The cost of Environmental services has been included in this proposal. See
Task 2 for Environmental scope.
12. Development of civil construction plans consisting of, or a combination thereof:
• Cover Page
• General Notes Plan
• Existing Conditions Plan
• Demolition Plan
• Erosion Control Plan and Details
• Site Plan
• Paving, Grading and Drainage Plan
• Utility Plan
• Cross Sections Plan
• Site Details Plan
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Mr. John Binkley
October 7, 2024
Page 5
Proposal: 24-0399
• Paving, Grading and Drainage Details Plans
• Utility Details Plan
13. Preparation of the following design reports for the subject project:
• Stormwater Management Calculations
• Lift Station Calculations
14. Preparation of the following permit applications:
a. IRC Major Site Plan
b. IRC Land Clearing
C. IRC Tree Removal
d. IRC Concurrency (Conditional and Final)
e. IRC Stormwater
f. IRC Right -of -Way
g. IRC Utilities
h. IRC Fire Review
i. SRID Connection/Discharge
j. SJRWMD Environmental Resource Permit
k. FDEP Water Distribution
1. FDEP Wastewater Collection
In. FDEP NPDES Notice of Intent
15. Submission of civil plans and application packages to permit agencies.
16. Attendance at the IRC Technical Review Committee meeting.
17. Coordination with jurisdictional agency representatives and Owner on agency review
comments.
18. Final Construction drawing revisions per jurisdictional comments and resubmittal to
agencies for final approvals.
Task 5 — Cost Estimates (CIV -3)
This task includes development of two (2) cost estimates (50% Design Phase and 100% design
phase) for the Civil portion of the project.
Task 6 — Bidding Services (CIV -4)
The COUNTY shall be responsible for setting the providing the front-end bid documents, bid
opening date, advertisement of the bid, scheduling the pre-bid meeting, and scheduling the bid
opening. MBV will provide the following in support of the bidding phase:
1. Preparation of Civil Documents for Bidding (Electronic (PDF) and Hard Copy formats).
2. Transmittal of Final Cost Estimate for 100% Plans.
3. Attendance at (1) Pre -Bid Meeting.
1� Mr. John Binkley
October 7, 2024
Page 6
Proposal: 24-0399
4. Response to requests for additional information (RAIs) for bidders.
NOTE: All Civil construction specifications will be on the applicable plan sheets in lieu of a
specifications manual, The Consultant will prepare a pdf file of the final bid package for the
COUNTY'S use in distribution to prospective bidders via DemandStar.
Task 7 — Construction Administration and Certifications (CIV -5)
This task includes construction inspections and certifications as required by the local and state
regulatory agencies, in addition to the inspections required by the Engineer of Record, to provide
final certifications.
1. Attendance at (1) pre -construction meeting at the County for the project construction
phase kick-off with the selected contracting team and applicable governmental agencies.
2. Attendance at the bi-weekly construction meetings every other week at the site during
the Construction Phase. It is assumed the bi-weekly meetings will continue until the
project has obtained substantial completion as deemed by County and assumes a total of
twelve (12) meetings (6 -month construction phase) for the Sitework portion.
3. Review/approve or take other appropriate action in respect to shop drawings and which
Contractor is required to submit, but only for conformance with the information given
in the Contract Documents. Such reviews and approvals or other action will not extend
to means, methods, techniques, equipment choice and usage, sequences, schedules, or
procedures of construction or related to safety precautions and programs.
4. Responses to reasonable and appropriate Contractor requests for information and issue
necessary clarifications and interpretations of the contract documents as appropriate to
the orderly completion of Contractor's work.
5. Provide assistance to Architect with recommend Change Orders and will review and
make recommendations related to change orders submitted or proposed by the
contractor for the site civil portion.
6. Attendance at four (4) miscellaneous field meetings requested by GC, Architect or County
and provide coordination services to the team representatives as required for the civil site
work related items to assist with construction related issues or concerns.
7. Attendance at one force main installation inspection (pressure test & tap).
8. Attendance at the potable and fire mains pressure testing inspection, flushing inspections,
and bacteriological testing reviews.
9. Conduct one sub -base and one base stringline inspections for the following parking areas.
10. Conduct storm pipe/drainage structures installation inspections.
11. Conduct (1) final inspection for stripping, signage and sodding and overall site
completion.
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Mr. John Binkley
October 7, 2024
Page 7
Proposal: 24-0399
12. Review the record drawings as submitted by the Contractor to MBV and provide
revisions as needed to Contractor.
13. Preparation and submittal of certification packages to the following jurisdictional
agencies: Indian River County, St. Johns River Water Management District and FDEP
(Sewer/Water).
Erosion Control: Pursuant to the State of Florida NPDES regulations, all construction sites shall
be required to conduct weekly NPDES inspections during site -work construction, and monthly
inspections during vertical construction, by a certified NPDES Inspector. Inspections will also be
required within 24 hours after the site has experienced '/2" or more of rainfall during the
construction phase. It is understood the County, or the selected Contractor, will provide the
required NPDES Inspections and therefore that scope is not included in this proposal.
NOTE: It is assumed the selected contractor will provide the above described erosion control
inspection services and is therefore not included in this contract but provided to inform the Owner
that these will be needed during construction as required by law. Should the selected contractor
not have the required State Certification to conduct these weekly inspections, MBV will be happy
to provide a proposal at that time for these services.
Task 8 — Landscape Design (LSP -1)
Using DWG files provided by others containing a site plan, existing and proposed utilities, and
relevant survey information, as well as any existing tree information, we will provide a landscape
plan & irrigation plan for the property as required by Indian River County. All plant material will
be quantified, coded, and put into a detailed list. Plans will include planting details and
specifications.
Part I — Landscape Plans
1. Provide a code required landscape plan for all green areas within project scope to include
required perimeter buffers, vehicular use areas, building foundation, & open space areas.
2. Provide a tree disposition/mitigation plan for existing trees within project scope. (Tree
survey/report to be provided by others if required)
3. Includes (1) modifications to plans due to client comments.
4. Provide signed and sealed landscape plans for government submittal.
Part H — Responses to County comments Post Submittal
1. Coordination with government/client during approval process.
2. Provide modifications to plans due to government comments.
3. Provide final approved landscape plans for permit.
1�
Mr. John Binkley
October 7, 2024
Page 8
Proposal: 24-0399
Part III — Irrigation Plans
1. After landscape plan is finalized for submittal, provide irrigation plan for proposed
additional landscape that includes mainline, lateral line, valve, & head layout, as well as
itemized schedule for construction.
2. Includes (1) modification to plans due to client comments.
3. Coordination with government/client during permit process.
4. If necessary, (1) modification to plans due to government comments are included at no
additional fee.
Task 9 — Reimbursables
This task includes costs and expenses associated with the project. Permit application fees are not
included in this Task and will be paid directly by the Owner. MBV will coordinate with the agency
and Owner on the required fee and provide to Owner the applicable fee schedules / information
from the agency.
C. Cost of Work / Services Performed:
We propose to provide the above-described services for the following breakdown of fees,
excluding direct costs.
Task 1 — Survey Services
$ 16,450
Task 2 — Environmental Consulting
$ 7,500
Task 3 - Preliminary Coordination & Agency Pre -Application Meetings
$ 4,000
Task 4 — Civil Design & Permitting
$ 48,500
Task 5 — Cost Estimates
$ 1,750
Task 6 - Bidding
$ 3,500
Task 7 - Construction Administration & Certifications
$ 17,500
Task 8 - Landscape Design
$ 7,200
Task 9 — Reimbursables
$ 2,000
We are available to begin work described herein upon our receipt of your written acceptance of
this proposal/contract. This proposal is valid if accepted within sixty (60) days from the date of
this proposal/contract. In addition to the above scope, our Agreement shall include and be subject
to the conditions in the below Standard Provisions, which are incorporated by reference.
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Mr. John Binkley
October 7, 2024
Page 9
Proposal: 24-0399
Should you require further information or clarification, please call.
Sincerely,
Todd Howder
Vice President
Accepted and Agreed to this
Corporate Contractee:
By:
Signature
Print Name and Title:
Aaron Bowles, P.E.
Senior Vice President
day of
20
Individual Contractee and/or Signer for Corporate Contractee acknowledging liability.
By:
Signature
Print Name and Title:
STANDARD CONDITIONS:
Project Number: 24-0399
A. General Obligations and conditions
MBV Engineering (The Engineer) shall provide those professional services as specified and detailed in the contract. In
rendering these services, MBV Engineering shall apply the skill and care ordinarily exercised by engineers at the same time
and locale the services are rendered. Basic Services include reviewing applicable codes and regulations, verifying that the
Drawings and Specifications prepared by the Engineer comply with all applicable codes and regulations, and making
revisions to the Drawings and Specifications requested by Governmental authorities or the Owner as needed to obtain
governmental approvals as included in the scope of work.
The Owner shall provide all criteria and information with regard to their requirements for the Project. This shall include,
but not be limited to, review and approval of design in the schematic design phase, design development phase, and
contract documents phase. These approvals shall include a written authorization to proceed to the next phase.
The Engineer shall request and the Owner shall provide those geotechnical investigations, property surveys, utility surveys,
reports, and other data necessary for performance of the project team (unless these services are to be provided through
this agreement).
The Engineer is entitled to rely on the accuracy and completeness of services provided by other design professionals
retained by the Owner as such services pertain to the work of the Engineer, except where the exercise of proper care
would require independent verification of the accuracy and completeness of said services or Engineer has reason to believe
said services are not accurate of complete.
This Agreement represents the entire and integrated agreement between the Owner and the Engineer and supersedes all
prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by
written instrument signed by both Owner and Engineer.
Insurance: MBV Engineering, Inc. will maintain, at its own expense, Workman's Compensation Insurance, Comprehensive
General Liability Insurance, and Professional Liability Insurance.
NOTE: This proposal becomes a binding contract between the parties when accepted by the client as evidenced by his/her
signing and dating this proposal, and communicating it via mail, facsimile, or hand delivery to MBV Engineering, Inc. No
changes to this proposal may be made without the written approval of MBV Engineering, Inc.
B. Additional Services:
Additional Services are those services that arise during the design or construction process and are not included in Basic
Services. Examples include, but are not limited to: Construction inspection, coordination and attendance of Planning and
Zoning meetings, attendance to neighborhood meetings, design revisions due to neighborhood meetings, Commission
meetings, additional coordination meetings, modified site layouts, environmental coordination, off-site utility design and
off-site roadway design, revisions that are inconsistent with approvals or instructions previously given by the owner or the
agencies. Additional services are also considered those which may not be foreseen at the beginning of the design phase
and are not included as basic services, including but not limited to: design of secondary structural elements, provide special
inspections, design supports for antennas, flagpoles or special architectural systems, services resulting for changes in the
magnitude of the work, architectural layouts or code issues after the preparation of the documents, or services to evaluate
substitutions proposed by the contractor or the owner. Additional services will be billed at our current billing rates and are
subject to change annually.
Current billing rates are as follows:
Principal
$240 per hour
Senior Planner
$180 per hour
Expert Witness
$350 per hour
Senior Designer
$150 per hour
Engineer Associate
$215 per hour
Technician III
$145 per hour
Senior Engineer III
$210 per hour
Technician II
$135 per hour
Senior Engineer II
$205 per hour
Technician 1
$110 per hour
Senior Engineer 1
$180 per hour
Inspector
$105 per hour
Junior Engineer III
$175 per hour
Admin. Assistant III
$105 per hour
Junior Engineer 11
$170 per hour
Admin. Assistant II
$95 per hour
Junior Engineer 1
$160 per hour
Admin. Assistant 1
$70 per hour
Project Manager
$180 per hour
Subconsultant Mgmt. Fee
10%
Initial — Client Initial-MBV
}}
STANDARD CONDITIONS:
Project Number: 24-0399
C. Reimbursables
Reimbursables are expenses incurred by the Engineer directly in connection with the project such as, but not limited to,
transportation, out-of-town travel and subsistence, electronic communications, overnight deliveries, courier services,
additional specialized professional services, sales taxes, permits and filing fees for securing approvals from government
authorities, renderings or models, Owner authorized overtime above the current hourly rates, expenses for professional
liability insurance or additional insurance beyond the normal amount carried by the Engineer and the cost of
reproductions. All rates listed below are subject to change annually, and mileage rates are based on IRS regulations and
are updated per their direction.
1. Print Costs
All photo copies, prints and facsimile transmissions will be billed at the following rates:
B/W photo copies: 8 %" x 11" $0.10/sheet; 11" x 17" $0.50/sheet
Color photo copies: 8 %:" x 11" $0.25/sheet; 11" x 17" $1.00/sheet
Plans (24" x 36"): B/W = $1.25/sheet, Color = $4.25/sheet Mylars $24 each CD/flash drive $10.00 each
2. Miscellaneous
Mileage shall be reimbursed at $0.67 per mile. Deliveries shall be charged at $15 per delivery. All other
reimbursables will be billed at actual costs incurred.
3. Application Fees
Any and all application fees required by permitting agencies will be paid for directly by the Owner/ Client.
D. Payment:
Invoices for our services will be submitted on a monthly basis with payment due upon your receipt of the invoice. A service
charge of 1 %% per month will be billed for late payments on the then outstanding balance. MBV Engineering, Inc. reserves
the right, in its sole discretion, to stop performing work/services under this Proposal/Contract if any invoice is not paid
within 30 days. Continued performance of work/services by MBV Engineering, Inc. does not constitute a waiver of their
right to stop performing work/services in the future.
E. Release / Reuse of Documents
All documents including drawings, disks, specifications, and reports prepared or furnished by MBV Engineering, Inc. or
Engineer's Independent Professional Associates and Consultants pursuant to this agreement are instruments of service in
respect of the Project and the Engineer shall retain all ownership and property interests therein, whether or not the project
is completed. To that end, the Engineer may exercise his right to execute a copyright notice upon any document prepared
by the Engineer in connection with this project. All original documents shall remain the sole property and in the sole
possession of the Engineer.
Owner/Client will be provided and may retain copies of said documents for his use and information; however, said
documents are not intended or represented to be suitable for reuse by Owner/Client or others on extensions of the project
or on any other project. Any reuse without express written verification or adaptation by Engineer for the specific purpose
intended, will be at Owner's/Client's sole risk and without liability or legal exposure to the Engineer or to the Engineer's
Independent Professional Associates and Consultants. Owner/Client shall indemnify and hold harmless the Engineer and
Engineer's Independent Professional Associates and Consultants from all claims, damages, losses, and expenses including
attorney's fees arising out of or resulting therefrom.
F. Release / Reuse of Electronic Data
All electronic data including drawings, specifications and reports prepared or furnished by MBV Engineering, Inc. or
Engineer's Independent Professional Associates and Consultants pursuant to this agreement are instruments of service in
respect of the Project and the Engineer shall retain all ownership and property interests herein, whether or not the project
is completed. To that end, the Engineer may exercise his right to withhold the release of any electronic data and evaluate
each requires on an individual basis. Any Release/Reuse of Electronic Data agreed upon by the Engineer shall automatically
be encumbered by above stated item (E) Release/Reuse of Documents.
G. Representations Relating to Work Performed
The plans, designs and documents which are subject to this contract shall be prepared in a professional manner consistent
with the profession's "Normal Standard of Care."
Nevertheless, no representations or warranties are made as to the success, approval, or the issuance of permits on any
application submitted by Owner/Client based in whole or in part upon the plans, designs, or documents prepared by MBV
Engineering, Inc.
Initial —Client Initial- MBV
STANDARD CONDITIONS:
Project Number: 24-0399
Concurrency: This design and permitting effort neither imply nor guarantees that concurrency will be met at the time of
construction of the first phase, or any phases, nor is it the responsibility of MBV Engineering, Inc. to monitor levels or
services or infrastructure capacities.
Back charges will not be accepted by MBV Engineering, Inc. unless we provide written agreement covering all corrective
action and the total amount of the back charge necessary to accomplish the corrective action.
Engineer's evaluations of Owner's probable project budget and any opinions of probable construction costs, if rendered
as a service under this Agreement, will be made on the basis of Engineer's experience and qualifications and will represent
Engineer's best judgment as a qualified design professional familiar with the construction industry. Because the Engineer
has no control over the cost of labor, materials, equipment, or services furnished by others, the Engineer does not
guarantee or represent that proposals, bids, negotiated prices, or actual construction costs will not vary from the opinions
of probable construction costs prepared or agreed upon by Engineer. If the Owner wishes greater assurance as to
construction costs, the Owner shall employ an independent cost estimator.
H. Dispute Resolution:
In the event of any dispute concerning this Proposal/Contract for Professional Engineering Services, MBV Engineering, Inc.
shall be entitled to recovery of its reasonable attorney's fees and costs incurred in connection with the dispute, including
court costs and fees and costs of appeals. Dispute resolution and the location/jurisdiction thereof, may be by mediation,
arbitration and/or court action in the sole discretion of MBV Engineering, Inc. The laws and statutes of the State of Florida
shall govern all dispute resolution.
Termination Without Cause:
If at any time MBV Engineering, Inc. is notified in writing by Contractee that the Contractee wishes to terminate the
agreement for any reason, MBV Engineering, Inc. shall be entitled only to the reasonable value of work furnished pursuant
to the agreement up until the moment of such notice. This notice shall be sent by certified mail, return receipt to MBV
Engineering, Inc., 1835 20' Street, Vero Beach, FL 32960. This notice will be effective upon receipt. MBV Engineering, Inc.
shall not be entitled to payment for work furnished after such notice or not reasonably required to have been previously
furnished under this Agreement.
J. Authority of Signer:
If the Contractee is a corporate entity or an individual other than signer, the signer represents that he/she by their
signature is authorized to, empowered to and does sign this Proposal/Contract on Contractee's behalf.
K. Indemnification by Signer:
Signer understands and agrees that, if the Contractee is a corporate entity or an individual other than signer, that signer is
personally liable and responsible for payment of all work/services performed by MBV Engineering, Inc., in the event that
the Contractee fails to pay for the work/services performed.
L. Limitation of Liability
Engineer and Owner agree that the services performed by the Engineer pursuant to this Agreement are solely for the
benefit of the Owner and are not intended by either the Engineer or the Owner to benefit any other person or entity. To
the extent that any other person or entity is benefited by the services performed by the Engineer pursuant to this
Agreement, such benefit is purely incidental and such other person or entity shall not be deemed a third party beneficiary
to this Agreement.
The Owner and MBV Engineering, Inc. have considered the risks, rewards and benefits of the project and the Engineer's
total fee for services. Risks have been allocated such that the Owner agrees that, to the fullest extent permitted by law,
the Engineer's liability to the Owner for any and all injuries, claims, losses, expenses, damages or claim expenses arising
out of this agreement from any cause or causes shall not exceed the total fee received for the project. Such causes include,
but are not limited to, the Engineer's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty.
PURSUANT TO FLORIDA STATUTES SECTION 558.0035 (2013)
AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD
INDIVIDUALLY LIABLE FOR NEGLIGENCE.
Initial — Client Initial- MBV