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HomeMy WebLinkAbout2007-397 INDIAN RIVER COUNTY - 3 c17 PUBLIC WORKS DEPARTMENT PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT FOR OSLO ROAD IMPROVEMENTS FROM 58TH AVENUE TO 43RD AVENUE This AGREEMENT, entered into this 20th day of November , 2007 , by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and SCHULKE, BITTLE & STODDARD, L. L. C. , 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 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 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 revision of stormwater calculations and modification of the stormwater permit from S .J.R.W . M.D. for Oslo Road improvements from 58th Avenue to 43rd Avenue in unincorporated Indian River County, Florida. The roadway improvements identified by the COUNTY consist of the following: The COUNTY desires to improve Oslo Road from 58°i Avenue to 43 " Avenue. The improvements will consist of widening the roadway to 4 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 make provisions for the ENGINEER to enter upon public and private property as required for the ENGINEER to perform his services. C. 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 services in connection with the project as required and set forth in the following : CADocuments and Settings\user22\1ocal Settings\Temporary Internet Files\OLKIA\Oslo Road Exp Agreement 11-05-07 (2).doc 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 cooperate with the COUNTY in order that all work may be properly scheduled and coordinated. C . 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 . d . 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 . Draina¢e Plan and Calculations: 1 . Drainage Parameters : Oslo Road (58d' Avenue to 43rd Avenue) will drain to Citrus Springs Subdivision north side of Oslo Road SECTION IV - TIME FOR COMPLETION The time for completion of the stormwater calculations and plan modification for the project shall be sixty (60) days from notice to proceed. SECTION V - COMPENSATION The COUNTY agrees to pay and the ENGINEER agrees to accept for services rendered pursuant to this Agreement a Lump Sum fee of $5 ,000.00 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. CAADocuments and Settings\user22VLocal Settings\Temporary Internet EnesV0LK1AAOs10 Road Exp Agreement I1-05-07 (2).doe 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 $ 150. 00 Project/Manager Engineer (P.E.) $ 125 .00 Design Tech S100.00 Construction Manager $ 80.00 Draftsman $ 80 .00 Inspector $ 60. 00 Clerical $ 45 .00 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 C-VDocuments and Settings\user22VLocal Settings\Temporary Internet FilesVOLK I AAOslo Road Exp Agreement 11 -05-07 (2) doc i 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 party. The County may, for public 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. C Oocumeuts and settings\user221L al Settings\Temporary Internet Files\OLMA\Oslo Road Exp Agreement 11 -05-07 (2 ) doe 4 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 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 claire/ 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 furnish separate certificates and endorsements for each subconsultant. 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 C:1Documems and Setfings%user22UL al SettingslTemporary Internet Files%OLK I A10s10 Road Exp Agreement 11 -05-07 (2).doc 5 negligence, recklessness, or intentionally wrongful 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. IN WITNESS WHEREOF the parties hereto have executed these presents this 20th day of November 2007 . SCHULKE, BITTLE & STODDARD, L.L.C . INDIAN RIVER COUNTY, FLORIDA 1717 INDIAN RIVER BLVD. , SUITE 201 VERO BEACH, FLORIDA 32960 By . ✓ 1 W Van B . Bittle, P.E. San�ir. a , L . Bowden. (1rairman anaging Member $6add of County C6 imissioners WITNESSED BY: Approved byBC1C ' l t /20 /07 Attest: Jeffrey K. Barton, Clerk of Circuit Court By: County Attorney Deputy Clerk Approved as to Form and Legal Sufficiency seph A. ird, ounty Administrator C\Documents and Settings\usef22\Loca1 Settings\Temporary Internet Piles\OLK I A\Oslo Road Exp Agreement 1 t-05-07 (2) doe 6