HomeMy WebLinkAbout2007-309 INDIAN RIVER COUNTY
PUBLIC WORKS DEPARTMENT
PROFESIONAL CIVIL ENGINEERING SERVICES AGREEMENT
FOR 17TH LANE S.W. (FROM 27TH AVENUE TO APPROXIMATELY 900 LF EAST OF
27TH AVENUE)
This AGREEMENT, entered into this g �h day of Sept em bey - Om by and
between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to
as the COUNTY, and MASTELLER & MOLER, INC., Vero Beach, Florida, hereinafter referred to as the
ENGINEER,
WITNESSETH
The COUNTY and the ENGINEER, in consideration of their mutual covenants, herein agree with
respect to the performance of professional civil engineering, land surveying and related services by or
through the ENGINEER and the payment for those services by the COUNTY as set forth below .
The ENGINEER shall provide professional engineering and related services for the COUNTY for
the project described in Section III - Scope of Services; serve as the COUNTY'S professional
representative for the project; and shall give professional engineering and land surveying advice to the
COUNTY during the performance of the services to be rendered.
SECTION I - PROJECT LIMITS AND DESCRIPTION
Consultant services are required for the preparation of design survey and roadway improvement
plans for 17`� Lane S .W. (from 27h Avenue to approximately 90OLF east of 27`x' Avenue) in
unincorporated Indian River County, Florida. The roadway improvements identified by the COUNTY
consist of the following:
The COUNTY desires to improve 17'h Lane S . W. from 27`" Avenue to approximately 900 LF
east of 27"' Avenue. The improvements will consist of widening the roadway to 3 lanes and
improving drainage.
SECTION II - COUNTY OBLIGATIONS
The COUNTY agrees to provide (in a timely manner) the following material, data, or services as
required in connection with the work to be performed under this Agreement; all of which information the
ENGINEER may use and reasonably rely upon:
A. Provide the ENGINEER with all available drawings, right-of-way maps, and other
documents in the possession of the COUNTY pertinent to the project.
B . The COUNTY shall be responsible for acquiring all abstracts of title for each parcel
necessary for construction.
C. The COUNTY shall make provisions for the ENGINEER to enter upon public and
private property as required for the ENGINEER to perform his services.
D. The COUNTY shall promptly execute all permit applications and provide application and
review fees necessary to expedite the acquisition of any local, state or federal permits
made necessary by the project.
SECTION III - SCOPE OF SERVICES
The ENGINEER agrees to perform professional roadway design and related services in
connection with the project as required and set forth in the following :
A . General
1 . The ENGINEER will endeavor not to duplicate any previous work done on the
project. After issuance of written authorization to proceed, the ENGINEER shall
consult with the COUNTY to clarify and define the COUNTY'S requirements for the
project and review available data.
2 . In order to accomplish the work described under this Agreement in the time frames
and conditions set forth in this Agreement, the ENGINEER will observe the following
requirements:
a. The ENGINEER will complete his work on the project within the time allowed
by maintaining an adequate staff of registered engineers, draftsmen, and other
employees on the work.
b. The ENGINEER will design the project in such a manner as to be in reasonable
conformance with applicable federal, state and local laws, and shall comply with
the Florida Department of Transportation's Manual on Uniform Minimum
Standards for the Design, Construction, and Maintenance of Streets and
Highways (Green Book), latest edition.
C . The ENGINEER will cooperate with the COUNTY in order that all work may be
properly scheduled and coordinated.
d. The ENGINEER will contact all known utility companies having installations in
the immediate vicinity of the proposed work and consider relocation of utilities, if
necessary. The ENGINEER will provide the COUNTY with necessary
information relative to required utility adjustments, relocations and installations
and will show all known existing utilities on the design plans.
e. The ENGINEER shall report the status of this project to the Director of the
Public Works Department upon request and hold all drawings, calculations
and related work open to the inspection of the Director or his authorized agent
at any time, upon reasonable request.
3 . Compensation to the ENGINEER for basic services shall be in accordance with
Section V — Compensation, of this Agreement, as mutually agreed upon by the
ENGINEER and COUNTY.
B . Design Survey
The ENGINEER shall provide design survey services necessary to support and facilitate
contemplated design and permitting activities associated with this project. Survey work
shall be in accordance with the Florida Minimum Technical Standards set forth by the
Florida Board of Professional Land Surveyors in Chapter 61G17-6, Florida
Administrative Code, pursuant to Section 472. 027, Florida Statutes.
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1 . Establish a project wide Horizontal Control Network for each project location
within the DESIGN LIMITS .
2. Establishment of a project wide Vertical Control Network for each project
location within the DESIGN LIMITS . All elevations will be referenced to
NGVD 1929 datum.
3 . Field establishment and monumentation of sur ve-y baselines to control future
construction. The DESIGN LIMITS for each project location are as follows:
The DESIGN LIMITS shall be on 17th Lane S .W. from 27i1' Avenue to
approximately 900 L.F . east of 27`h Avenue.
The survey will include the location of above ground improvements and trees 6"
diameter and greater at breast height, lying within the right of way of 17th Lane
S .W. Surface evidence of underground utilities will be located. Cross-section
elevations will be obtained at 100' intervals and extend across the right of way
and a minimum of 25 ' outside the right of way. Drainage structures will be
located and rim/invert elevations obtained.
4. Improvements within the DESIGN LIMITS will include above ground visible
improvements such as existing pavement location, curbing, utilities (above
ground locations only), drainage facilities (where accessible), sidewalks, fences,
signage and guardrails within the right-of-way.
5 . Final output will be in the form of a digital AutoCAD, DWG file.
C. Roadway plans shall be prepared to include: plotting of survey data; establishment of
profile grades; key sheet; plan and profile sheets (including geometric calculations);
typical section sheets; summary of quantities; summary of drainage structures; cross-
section sheets at 100' intervals (including earthwork computations); signing and
pavement marking plans; and other detail sheets necessary to convey the intent of the
scope of services outlined herein. All plans shall be prepared in the English units .
The following additional data shall be utilized for development of the plans.
1 . Typical Sections:
The COUNTY will provide the typical section.
2 . The Design Speeds utilized for this roadway segments is 45 mph.
3 . Scale:
The roadway plan and profile sheets will be drawn at a scale of 1 " = 40' and
prepared on 11 " x 17" plan sheets.
4. Pavement Design will be provided by COUNTY.
5 . The roadway plans will be submitted to the County for review at the 90% and
100% stages of design.
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D . Drainage Plans :
1 . Drainage Parameters: Roadway will drain to Falcon Trace Subdivision, on the
south side of 17w Lane S .W.
E. Signing and Pavement Marking Plans
The ENGINEER shall prepare the pavement marking pian layout. All plans are to be
prepared in accordance with the latest design standards and practices (MUTCD), FDOT
Standard Specifications, Indexes, and shall be accurate, legible, complete in design and
drawn at the same scale as the Roadway Plans, furnished in reproducible form.
SECTION IV - TIME FOR COMPLETION
The time for completion of the 90% design drawings for the project shall be ninety (90) days
from notice to proceed. 100% design drawings shall be within 30 (thirty) days of receipt of County
comments on 90% submittal.
SECTION V - COMPENSATION
The COUNTY agrees to pay and the ENGINEER agrees to accept for services rendered pursuant
to this Agreement fees Lump Sum fee of $ 11 ,080. 00
SECTION VI - ADDITIONAL WORK
In the event changes are requested by the COUNTY to the contract plans after said plans have
been approved and accepted by the COUNTY or modifications such as additions or deletions, and upon
the issuance of a work order for said additional work by the Director of the Public Works Department,
said additional work may commence in accordance with the fee schedule included in the work order.
SECTION VII - PARTIAL PAYMENTS
The COUNTY shall make monthly partial payments to the ENGINEER based upon a percent
complete of lump sum components, as identified in this Agreement. Payments will be made within forty-
five (45) days of invoice receipt. Payment shall be made pursuant to the Florida Prompt Payment Act,
Florida Statute 218. 70 et seq .
SECTION VIII - EXTRA WORK
In the event extra work is necessary by the ENGINEER due to a change in scope of the project,
such work shall be the subject of a supplemental Work Order approved by the Board of County
Commissioners. The work shall be completed in accordance with the following rate schedule:
Principal of Firm $ 135 .00
Project Engineer (P.E.) S120.00
Registered Land Surveyor $ 120 . 00
Project Manager $ 90. 00
Inspector $ 65 .00
Engineering Technician — CADD $ 70.00
Survey Field Crew $ 115 .00
Administrative $ 45 .00
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SECTION IX - RIGHT OF DECISIONS
All services shall be performed by the ENGINEER to the satisfaction of the Director of the Public
Works Department who shall decide all questions, difficulties, and disputes of whatever nature which
may arise under or by reason of this Agreement and according to the prosecution and fulfillment of the
service hereunder, and the character, quality, amount and value thereof, and the Director's decision upon
all claims questions and disputes shall be final, conclusive and binding upon the parties hereto unless such
determination is clearly arbitrary or unreasonable.
Adjustments of compensation and contract time because of any major changes in the work that
might become necessary or be deemed desirable as the work progresses shall be reviewed by the Director
of the Public Works Department. In the event that the ENGINEER does not concur in the judgment of
the Director of the Public Works Department as to any decisions made by him he shall present his written
objections to the County Administrator; and the Public Works Director and the ENGINEER shall abide
by the decision of the County Administrator of Indian River County, unless the decision is clearly
arbitrary or unreasonable.
SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS
A. Ownership
All reports, tracings, plans, specifications, field books, survey information, maps,
contract documents, and other data developed by the ENGINEER for the purpose of this
Agreement shall become the property of the COUNTY and shall be made available by
the ENGINEER at any time upon request of the COUNTY. When all work contemplated
under this Agreement is complete, all of the above data shall be delivered to the Director
of the Public Works Department.
B. Reuse of Documents
All documents, including but not limited to drawings and specifications, prepared by the
ENGINEER pursuant to this Agreement are related exclusively to the services described
herein. They are not intended or represented to be suitable for reuse by the COUNTY or
others on extensions of this project or on any other project. Any such utilization or
adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon
by the COUNTY and the ENGINEER. The ENGINEER shall not be held liable for any
reuse of the Documents and shall not be held liable for any modifications made to the
documents by others.
SECTION XI - NOTICES
Any notices, reports or other written communications from the ENGINEER to the COUNTY
shall be considered delivered when posted by certified mail or delivered in person to the Director of the
Public Works Department or County Engineer. Any notices, reports or other communications from the
COUNTY to the ENGINEER shall be considered delivered when posted by certified mail to the
ENGINEER at the last address left on file with the COUNTY or delivered in person to said ENGINEER
or his authorized representative. In person deliveries shall be evident by signed receipts.
SECTION XII - TERMINATION
The obligation to provide further services under this Agreement may be terminated by either
party upon seven (7) days written notice in the event of substantial failure by the other party to perform in
accordance with the terms hereof through no fault of the terminating parry . The County may, for public
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convenience, terminate this contract at any time provided 90 days written notice is given to the
ENGINEER. In the event of any terminations, the ENGINEER will be paid for all services rendered to
the date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses
incurred by the ENGINEER as a result of such termination.
SECTION XIII - AUDIT RIGHTS
The COUNTY reserves the right to audit the records of the ENGINEER related to this Agreement
at any time during the prosecution of the work included herein and for a period of one year after final
payment is made.
SECTION XIV - SUBLETTING
The ENGINEER shall not sublet, assign, or transfer any work under this Agreement without the
written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the
ENGINEER shall cause the names of the engineering and surveying firms responsible for the major
portions of each separate specialty of the work to be inserted on the reports or other data.
SECTION XV - WARRANTY
The ENGINEER warrants that he has not employed or retained any company or person other than
bona fide employee working solely for the ENGINEER or subconsultant to solicit or secure this contract
and that he has not paid or agreed to pay any company or person other than a bona fide employee working
solely for the ENGINEER any fee, commission, percentage fee, gifts or any other considerations,
contingent upon or resulting from the award or making of this contract. For breach violation of this
warranty, the COUNTY shall have the right to annul this contract without liability.
SECTION XVI - DURATION OF AGREEMENT
This Agreement shall remain in full force and effect for a period of four years after the date of
execution hereof or until completion of all project phases as specified by the Public Works Director,
whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto or pursuant
to Section XII of this AGREEMENT.
SECTION XVII - INSURANCE AND INDEMNIFICATION
During the performance of the work covered by this AGREEMENT, the ENGINEER shall
provide the COUNTY with evidence that the ENGINEER has obtained and maintains the insurance listed
below:
A. ENGINEER shall procure and maintain for the duration of the AGREEMENT, insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the ENGINEER, his agents,
representatives, employees, and in accordance with subclause H, subconsultants. The
cost of such insurance shall be included in the ENGINEER'S fee.
B . Minimum Scope of Insurance
1 . Worker's Compensation as required by the State of Florida.
2 . General Liability $ 1 ,000,000 combined single limit per accident for bodily injury
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and property damage. COUNTY shall be an additional insured.
3 . Auto Liability $ 1 ,000,000 combined single limit per accident for bodily injury
and property damage for owned and non-owned vehicles.
4. Professional Liability Insurance providing coverage for negligent acts, errors, or
omissions committed by ENGINEER with a limit of $500,000 per claim/ annual
aggregate. This insurance shall extend coverage to loss of interest, earning,
profit, use and business interruption, cost of replacement power, and other
special, indirect and consequential damages.
C. ENGINEER'S applicable insurance coverage shall be primary.
D . All above insurance policies shall be placed with insurers with a Best's rating of no less
that A VII. The insurer chosen shall also be licensed to do business in Florida.
E. The insurance policies procured, other than professional liability, shall be occurrence
forms, not claims made policies. Professional liability shall be on a claims made basis.
F. The insurance companies chosen shall provide certificates of insurance prior to signing of
contracts to the Indian River County Risk Management Department.
G. The insurance companies selected shall send written verification to the Indian River
County Risk Management Department that they will provide 30 days written notice to the
Indian River County Department of Risk Management of its intent to cancel or terminate
said policies of insurance.
H. ENGINEER shall either include each subconsultants as insured under its policies or shall
famish separate certificates and endorsements for each subconsuhant. All coverages for
subconsultants shall be subject to all of the requirements stated herein.
I. Notwithstanding the provisions of s .725 .06, if a design professional provides professional
services to or for a public agency, the agency may require in a professional services
contract with the design professional that the design professional indemnify and hold
harmless the agency, and its officers and employees, from liabilities, damages, losses, and
costs, including, but not limited to , reasonable attorneys ' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongfull conduct of the design professional
and other persons employed or utilized by the design professional in the performance of
the contract.
SECTION XVIII - ENTIRETY OF AGREEMENT
This writing embodies the entire AGREEMENT and understanding between the parties hereto,
and there are no other agreements and understandings, oral or written, with reference to the subject matter
hereof that are not merged herein and superseded hereby.
No alteration, change, or modification of the terms of this Agreement shall be valid unless made
in writing and signed by both parties hereto.
This AGREEMENT, regardless of where executed, shall be governed by and construed according
to the laws of the State of Florida.
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Mr. Christopher J. Kafer, Jr. , PE
07/312007 (Rev. a/30/07)
Page 6 of 6
We thank you for the opportunity to offer the services of our fine and look forward to working with you.
Sincerely,
MASTELLER 11 "OLER, INC.
J hn M. Boyer, P. E.E. Stephen E. Moler, PE
roject Engineer Vice President
AUTHORIZATION TO PROCEED
If these conditions and this proposal meet with your approval, please sign and return one ( 1 ) copy of
this letter as our formal Authorization to Proceed. This project if authorized will be performed with due
diligence, subject to acts of God , etc. beyond our control.
IN WITNESS WHEREOF the parties hereto have executed these presents this gth day of
IM , 2007.
MASTELLER & MOLER, INC. INDIAN RIVER COUNTY COMMISSION
1655 27"' Street, Suite 2 Indian River County, Florida
By: By: AAAAG
Stephen E. Moler, PE Gary C. Whe ler
Vice President Chairman
Attest: Attest:
John M. Boyer, PE Jeffrey K. Barton
Project Engineer Clerk of Court
EHWJmb/cab
File #0742
(0742_aonftet (mv. 8/30707).dm)
M
IN WITNESS WHEREOF the parties hereto have executed these presents this � g � day of
2007 .
MASTELLER & MOLER, INC. INDIAN RIVER COUNTY, FLORIDA
1655 27TH AVENUE ; r ,
VERO BEACH, FLORIDA 32460 "
By: By:
tephen E. Moler, P.E. GaIr
. Wheeler, Chairman
Vice President Board of County Commissioners
WITNESSED BY: Approved by BCC R
Attest:
Jeffrey K. Barton, Clerk of Circuit Court
By: � Zay(��()l
County Attorney Deputy Clerk
e Approved as to Form and Legal Sufficiency
Joseph A aird,
County Administrator
8
j MASTELLER & MOLER, INC.
M - CIVIL ENGINEERS
July 31 , 2007
Revised: August 30, 2007
Mr. Christopher J . Kafer, Jr. , P. E.
Indian River County Engineering Department
1801 27th Street
Vero Beach , Florida 32960
RE : 17'hLane SW Roadway Improvements
Indian River County Public Works Department
Indian River County, Florida
MM Project #0742
Dear Chris:
As we discussed, the County wishes to proceed with the construction of improvements to 17"' Lane SW
between 27th Avenue and 20"' Avenue, and improvements to 2e Avenue south of 17"' Lane SW.
Masteller & Moler, Inc. has therefore been requested to provide professional engineering services for
the design of a three-lane roadway along 17"' Lane SW from 2r Avenue east to STA 1408+75, as
shown on engineering plans prepared by Knight McGuire, a distance of approximately 900 LF.
It is understood that that the County will bid this work as a single contract using : 1 ) our 17th Lane SW
plans as described by this proposal; 2) Knight McGuire's 17"' Lane SW plans; and , 3) Arcadis G&M's
20th Avenue plans.
The proposed 17' Lane SW roadway improvements depicted in our plans will be designed to match the
preliminary four-lane intersection design of 17' Lane SW and 27`h Avenue by Kimley-Hom to the west
and the 17"' Lane SW roadway design by Knight McGuire to the east.
The Scope of Services is provided below:
Task 1 - Route Survey Update
Our partner company, Masteller, Moler, Reed & Taylor, Inc. (MMRT), will update their topographic
survey of the 17"' Lane SW right-of-way to establish a survey baseline, establish horizontal and vertical
controls, and locate all visible improvements including existing pavement and sidewalks, drainage
features, utility poles, etc. as described by the MMRT proposal (enclosed).
This survey will serve as the basis of the roadway design .
Task 2 - Construction Plans & Cost Estimate
We will develop Construction Plans to detail the proposed improvements along 17"' Lane SW and the
connection to proposed improvements designed by Knight McGuire as described above. Our plans will
include a typical cross-section, plan view, centerline profile, striping and signage, cross-sections at
each roadway station, and details of construction elements. We will also prepare a Construction Cost
Estimate for our portion of the project as part of this subtask.
1655 27Th Street, Suite 2
Vero Beach, Florida 32960
Phone: (772) 567-5300
Fax: (772) 7941106
E-Mail: mastmolr(7a bellsouth.net
Mr. Christopher J. Kafer, Jr., PE
b7/31 /2007 ,(Rev. 8/30/07)
Page 2 of 6
Task 3 — Permfttfno
Drainage from 17"' Lane SW will be routed to the Falcon Trace stormwater management system via
existing pipe stub-outs along the south side of the roadway. As the Falcon Trace system was designed
to provide treatment and attenuation to the 17"' Lane Roadway Improvements, the proposed
construction may be permitted by a "Letter of Conformance" to the St Johns River Water Management
District.
As described above, the design for this project shall be provided by three (3) consultants. Since our
plans cover a portion of the improvements to be permitted it is anticipated that the County will compile
design plans and stonnwater calculations required to support the Letter of Conformance. We will
therefore provide plans as described below and assist the County in addressing requests for additional
information.
Additional permitting is not included.
Any required permit application fees are not included in this Proposal.
Proiect Schedule and Deliverables
In order to perform our scope of services we will require Kimley-Nom's preliminary four-lane
intersection design of 17°i Lane SW and 27th Avenue, and Knight-McGuire's design of the eastern
portion of 17"' Lane, SW. It shall be the responsibility of the County to ensure these plans are provided
to us in a timely manner. Upon receipt of other consultants' design plans and the County's Notice to
Proceed the project will be performed to the following schedule:
• Kickoff Meeting: Immediately after receipt;
• 90% Plans Submittal: Within 90 days of receipt;
• 100% Plans Submittal: Within 30 days of receipt of County comment on the 90% submittal.
The following deliverables will be provided:
• 90% Plans Submittal
o One ( 1 ) Set of Construction Plans (Hardcopy)
• 100% Plans Submittal
o One (1 ) Set of Construction Plans (Hardcopy, signed and sealed)
o Electronic Copy of the Construction Plans (pdf format)
o Engineer's Cost Estimate
We propose to perform the Scope of Services for the following fees:
Task 1 Route Survey: $ 2, 760. 00
Tasks 2 - 3 Construction Plans & Permitting: $ 8, 320. 00
Total : $11 ,080.00
M
Mr. Christopher J. Kafer, Jr., PE
07/312007 ,(Rev. 8/30/07)
Page 3 of 6
Billing will be as follows: Fees shall be billed monthly based upon the Engineer's estimated percentage
of the total project services completed to that date.
Any and all items not specifically set forth in this proposal are excluded. Specifically excluded items
include but are not limited to soil borings, traffic studies, wetlands/endangered species
studies/mitigation design, environmental permitting, landscapelirrigation designs, off-site water/sewer
extensions; shared parking studies, structural/electrical engineering, architecture, construction stakeout
and inspection services.
GENERAL CONDITIONS
In addition, the following items are stipulated :
a. ) Application Fees
Any and all application fees required by permitting agencies will be paid for directly by the
Owner/Client.
b. ) Scope of Work
The scope of work as outlined above is based on our estimate of the normal engineering and design
services necessary. However, should the need arise for additional engineering design work by virtue of
revisions or redesign required by you or any governmental reviewing agencies having jurisdiction , then
additional billing will be based on the fee schedule included hereinafter under item (h), or this Contract
can be renegotiated to the satisfaction of both parties.
c. ) Payment of Fees
Payment of all fees for services rendered shall be paid within thirty (30) days of billing. This project and
the anticipated fees are predicated upon the prompt and continual satisfaction of our monthly invoices.
Commencing on the thirty-first day, interest shall be added to the unpaid balance at the rate of one and
one-half percent (1 - 1 /2%) per month or a total of eighteen percent ( 18%) per annum . In the event of
delinquent, this matter shall be turned over to legal counsel for collection. Legal fees, costs and
recording fees incurred for collection shall be added to the outstanding amounts due.
d. ) Release/Reuse of Documents
All documents including drawings, disks, specifications and reports prepared or furnished by Masteller
& Moler, Inc. (Engineer) 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.
M
Mr. Christopher J. Kafer, Jr. , PE
071312007 (Rev. 8130107)
Page 4 of 6
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 the 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 Engineers 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 attomeys' fees arising out of or resulting therefrom .
e. ) Release/Reuse of Electronic Data
All electronic data including drawings, specifications and reports prepared or furnished by Masteller &
Moler, Inc. (Engineer) 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
request on an individual basis. Any Release/Reuse of Electronic Data agreed upon by the Engineer
shall automatically be encumbered by above stated Item (d) Release/Reuse of Documents.
f. ) Limitation of Liability
The Owner and Masteller & Moler, 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.
g. ) Engineers Certification Definition
"Certification" shall mean a statement signed and/or sealed by a professional engineer representing
that the engineering services have been performed by the professional engineer, and based upon the
professional engineer's knowledge, information and belief, and in accordance with commonly accepted
procedures consistent with applicable standards of practice, and is not a guarantee or warranty, either
expressed or implied.
h. ) Additional Work Performed
Any and all work performed, other than that expressly delineated within this general contract, shall be
billed at the following job classification and rates, as applicable:
Principal of Firm $135. 00/hr.
Professional Engineer $120. 00/hr.
Professional Surveyor $120.00/hr.
Field Crew $115.00/hr.
Project Manager $ 90. 00/hr.
CAD Draftsperson/Designer $ 70. 00/hr.
Inspector $ 65.00/hr.
Administrative (Typing , etc.) $ 45.00/hr.
Hm
Mr. Christopher J. Kafer, Jr. , PE
07/312007 (Rev. 8/30/07)
Page 5 of 6
No such work shall be undertaken, except upon receipt of verbal or written authorization of
Owner/Client.
I. ) Representations Relating to Work Pertonned
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 Ownedclient based in whole or in part upon the plans, designs,
or documents prepared by Masteller & Moler, Inc.
Backcharges will not be accepted by Masteller & Moler, Inc. unless we provide written agreement
covering all corrective action and the total amount of the backcharge necessary to accomplish the
corrective action .
j. ) Price Guarantee
Prices quoted are firm for sixty (60) days from the date of this proposal .
k. ) Compliance with Agency Regulations
All work will be performed in accordance with appropriate City, County and State regulations relative to
the proposed project.
l .) Assignment and Termination
While binding upon the parties, their successors or assigns, this Contract may not be transferred or
assigned without the written consent of both parties. Owner/Client or Engineer shall have the right to
terminate this Contract for any breach hereof after ten ( 10) days written notice. Should you exercise
the right to terminate this Contract after ten ( 10) days written notice, Masteller & Moler, Inc. shall be
compensated for services performed and expenses incurred to termination date.
M