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HomeMy WebLinkAbout2004-027 PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES AGREEMENT FOR PELICAN ISLAND NATIONAL WILDLIFE REFUGE UPLAND RESTORATION PROJECT IRC PROJECT NO. 0386 THIS AGREEMENT or " CONTRACT " , entered into this 3rd dayof February , 20045 by and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and BRAD SMITH ASSOCIATES , INC . , hereinafter referred to as the LANDSCAPE ARCHITECT , WITNESSETH The COUNTY and the LANDSCAPE ARCHITECT, in consideration of their mutual covenants , herein agree with respect to the performance of professional architectural services by the LANDSCAPE ARCHITECT and the payment for those services by the COUNTY as set forth below. The LANDSCAPE ARCHITECT shall provide professional architectural , and related services to the COUNTY for the project described as Indian River County Project No , 0386 , PELICAN ISLAND NATIONAL WILDLIFE REFUGE UPLAND RESTORATION PROJECT serve as the COUNTY ' S Professional LANDSCAPE ARCHITECTURAL representative for the project as set forth below and shall give professional architectural consultation and advice to the COUNTY during the performance of the services to be rendered hereunder. SECTION I - PROJECT LIMITS As described in Attachment " A" Scope of Work. . SECTION II - COUNTY OBLIGATIONS The COUNTY agrees to provide the following material , data, or services as required in connection with the work to be performed under this Agreement : A. Provide the LANDSCAPE ARCHITECT with a copy of all plans, surveys and information available in its files for the above location. 1 B . The COUNTY shall assist the LANDSCAPE ARCHITECT in making provisions for the LANDSCAPE ARCHITECT to enter upon public or private property as required for the LANDSCAPE ARCHITECT to perform his services . C . The COUNTY will provide payment directly to permitting agencies for permit applications and promptly execute all permit applications necessary to expedite the acquisition of any local, state or federal permits made necessary by the project . SECTION III - SCOPE OF SERVICES A . Architectural Phase 1 . A detailed description of the scope of services is given in Exhibit " A" . 2 . In order to accomplish the work described under this Agreement in the time frames and conditions set forth in this Agreement, the LANDSCAPE ARCHITECT will observe the following requirements : a. The LANDSCAPE ARCHITECT shall strive to complete his work on the project within the time allowed by maintaining an adequate staff of architects and technicians in the required areas of expertise , or having the services of qualified sub -consultants , approved by the COUNTY , on the work at all times . b . The LANDSCAPE ARCHITECT will comply with all federal , state, and local laws applicable to this project . The LANDSCAPE ARCHITECT will design the project in such a manner as to be in conformance with all applicable federal, state and local laws . C , The LANDSCAPE ARCHITECT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. d . The LANDSCAPE ARCHITECT shall report the status of this project to the Director of the Public Works Department, or his authorized agent, 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 . The drawings prepared by the LANDSCAPE ARCHITECT will be of sufficient detail to permit the actual location and construction of the proposed improvements within the project' s property boundaries . iL � 2 4 . The COUNTY will be responsible for preparation of all applicable permits for the COUNTY ' S submittal through governmental regulatory agencies other than the application for an administrative approval of the approved site plan which is included within the scope of basic compensation as defined by Attached "A" Scope of Services . Any additional work required by laws , or regulations established after the date of this Agreement shall be an additional service and the COUNTY shall compensate the LANDSCAPE ARCHITECT in accordance with Section VI - Additional Work, of this Agreement . SECTION IV - TIME FOR COMPLETION A . The LANDSCAPE ARCHITECT understands and agrees that TIME IS OF THE ESSENCE and that the time for completion and the schedule for performance will be governed by the following : 1 . Upon receipt of the Notice to Proceed from the COUNTY , the LANDSCAPE ARCHITECT will commence work on the project . The following represents the anticipated production schedule : a. 60% Completion Drawings will be delivered to COUNTY eight ( 8 ) working days from receipt of the Notice to Proceed . b . 90% Completion Drawings will be delivered to the COUNTY three (3 ) working days from receipt of the Clients 60% design review comments and authorization to continue . c . 100% Completion Drawings will be delivered to the COUNTY three (3 ) working days from receipt of the Client ' s 90% design review comments and authorization to continue . Completed drawings, bid schedule and cost estimate delivered at this time . 2 . The above schedule is contingent upon time required by the COUNTY to provide review comments . 3 . All COUNTY review comments and authorizations to continue shall be directed in writing to the LANDSCAPE ARCHITECT . /4< 3 B . The LANDSCAPE ARCHITECT understands that timeliness of performance is a factor which will be evaluated in determining the award of future professional services in accord with FS287 . 055 and that failure to meet the time for completion may disqualify the LANDSCAPE ARCHITECT from award of future professional services work with the COUNTY . SECTION V — COMPENSATION The COUNTY agrees to pay and the LANDSCAPE ARCHITECT agrees to accept for services rendered pursuant to this AGREEMENT , Fee Compensation in an amount Lump Sum as established herein, unless authorized as Additional Services , the following : $219000. 00 - TWENTY ONE THOUSAND DOLLARS Also , additional services allowance of Not To Exceed $ 1 ,000 . 00 is authorized for Construction Phase Services , and shall be paid on a per hour basis . The compensation above is based on the following conditions and understanding : A . The LANDSCAPE ARCHITECT certifies that the following wage rates and other factual unit costs supporting the compensation are accurate , complete and current at the time of contracting : HOURLY RATE SCHEDULE FOR ADDITIONAL SERVICE WORK PRINCIPAL $ 125 . 00 HOUR PROJECT MANAGER $ 100 . 00/HOUR PLANNER $ 90 . 00/HOUR DESIGNER I 90 . 00 HOUR DESIGNER II $ 75 . 00/HOUR CONSTRUCTION REVIEW SPECIALIST $ 65 . 00/HOUR DRAFTPERSON/CARD TECHNICIAN $ 50 . 00/HOUR TECHNICAL TYPIST/ADMIN . $ 35 . 00/HOUR 4 The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the contract price was increased due to inaccurate, incomplete or non-current wage rates and other factual unit costs . All such contract adjustments shall be made within one year following the end of the contract . B . Section on Reimbursable . Travel shall not be compensated unless out of state and pre- approved by the Public Works Department . Cost of Reimbursable expenses is included in Lump Sum contract price . SECTION VI - ADDITIONAL WORK In the event changes are requested by the COUNTY or extra work is imposed on the COUNTY by the demands of certain regulatory agencies after the approval by the COUNTY of this Agreement, and upon the issuance of a subsequent work order by the Director of Public Works Department, and approved by the Board of County Commissioners , said extra work may commence in accordance with the fee schedule as shown in Section V , Paragraph 1 , or a lump sum amount based on that fee schedule . SECTION VII - PARTIAL PAYMENTS The COUNTY shall make monthly payments to the LANDSCAPE ARCHITECT for all authorized work according to the " Schedule of Deliverable Items " . Invoices will be submitted on forms furnished for that purpose by the LANDSCAPE ARCHITECT to the COUNTY monthly for work products delivered and expenses incurred pursuant to this Agreement . The LANDSCAPE ARCHITECT shall submit duly certified invoices in duplicate to the Director of the Public Works Department . The amount of the invoices submitted shall be the amount due for all work delivered to date . The amount of the partial payment due for the work item delivered to date shall be an amount calculated in accordance with the Schedule of Deliverable Items , Exhibit "A" attached hereto , less ten percent ( 10%) of the amount thus determined which shall be withheld by the COUNTY, as Retainage, and less previous payments . The ten percent ( 10%) Retainage withheld through the design phase, shall be paid in full to the LANDSCAPE ARCHITECT upon award of a construction contract, but in no case shall the 15all 5 amount be retained longer then four (4) months after the date of final acceptance of the design phase by the Director of Public Works . Payment of invoices shall be in accordance with the Florida Prompt Payment . Act, FS 218 . 70 et seq . SECTION VIII - INSURANCE AND INDEMNIFICATION During the performance of the work covered by this Agreement , the LANDSCAPE ARCHITECT shall provide the COUNTY with evidence that the LANDSCAPE ARCHITECT has obtained and maintains the insurance listed in the Agreement . All insurance policies shall be occurrence form not claims made policies . If an occurrence form is unavailable for a specific coverage, the County Risk Manager may give approval for claims made policy. A . Statutory Workers' Compensation and Employer's Liability are included in the same policy. The standard limit of liability as required by the Florida Worker's Compensation Law shall be insured against . B . Commercial general liability is carried in the amount of $ 1 , 000 , 000 . 000 combined single limit for bodily injury and property damage . The coverages designed for a general contractor (x . c . u . coverage, broad form property damage, contractor's protective liability) are not included or required by an architectural firm . Contractual liability is included in the policy. C . Commercial automobile insurance for all owned, hired or borrowed vehicles are covered in the amount of $ 1 , 000 , 000 combined single limit and $ 500 , 000 uninsured motorists coverage . D . Professional Liability Insurance providing coverage for negligent acts , errors , or omissions committed or alleged to have been committed by LANDSCAPE ARCHITECT 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 subject to the limitation regarding consequential damages described in Paragraph 5 below . If the COUNTY requests the LANDSCAPE ARCHITECT to obtain additional insurance coverage, the cost of such additional insurance not otherwise reimbursed to the LANDSCAPE ARCHITECT under this Agreement shall constitute an additional direct charge to the project . E . For specialized services not performed by the LANDSCAPE ARCHITECT, the 46 6 LANDSCAPE ARCHITECT shall require each of its subcontractors to take out and maintain during the life of such subcontract work the insurance coverages set forth in Paragraphs A, B , C and D above ; provided however, the following limits shall apply: I . Employer' s Liability Insurance (bodily injuries) with limit of $ 100 , 000 per occurrence, and Employer' s Liability Insurance (occupational disease) with limits of $ 100 , 000 per person and $ 500 , 000 in the aggregate . 2 . Commercial General Liability Insurance, with limits of $ 500, 000 each person $ 1 , 000 , 000 each occurrence for bodily injuries , and $ 1 , 000 , 000 each occurrence for property damage . F . The limits under Paragraph E shall be the same for any subcontractor. G . The LANDSCAPE ARCHITECT shall furnish the COUNTY with two (2) copies of a Certificate of Insurance evidencing policies required in Paragraphs A, B , C , D , E and F above and evidencing policies of insurance required above for subcontractors . Such Certificates shall give the COUNTY at least thirty (30) days written notice in the event of cancellation of or material change in any of the policies . The Certificate of Insurance shall give a brief description of the work being performed under this Agreement . All insurance companies provided shall be companies rated at least A VII per Best' s Key Rating Guide and licensed to do business in the State of Florida. Indian River County and the US Fish and Wildlife Services shall be named as additional insured on all Insurance Certificates as permitted by law as permitted by law . H . To the extent of the insurance benefits under the insurance policies required by this Article , or for any loss , damage or expense falling within the deductible portion of Architects Professional Liability Insurance described in Paragraph 4 hereof, whether indemnity payment, defense costs , or otherwise, the LANDSCAPE ARCHITECT shall save the COUNTY harmless from and against all costs and losses , and all claims , demands , suits , actions , payments and judgements arising from personal injuries or otherwise, brought or recovered against the COUNTY arising out of any negligent error, or omission of the LANDSCAPE ARCHITECT, its agents , servants or employees , in execution or guarding of the work, including any and all expense, legal or otherwise, incurred by the COUNTY or its representatives in the defense of any claim or suite . 7 SECTION IX - OWNERSHIP OF DOCUMENTS The COUNTY acknowledges the LANDSCAPE ARCHITECT ' S construction documents , including electronic files , as instruments of professional service . Nevertheless, the final construction documents prepared under this Agreement shall become the property of the COUNTY upon completion of the services and payment in full of all monies due to the LANDSCAPE ARCHITECT . All plans , specifications , calculations and other work products paid for under this contract shall be the property of the COUNTY and shall be delivered to the COUNTY as its direction. The COUNTY shall have the right to re-use drawings of the structural details in a manner consistent with law and the State of Florida Department of Professional Regulation rules . The COUNTY shall indemnify and hold harmless the LANDSCAPE ARCHITECT from all claims , damages , losses, and expenses, including attorney' s fees , arising out of, or resulting from any re-use of drawings on other projects . SECTION X - CERTIFICATION AGAINST CONTINGENT FEES The LANDSCAPE ARCHITECT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the LANDSCAPE ARCHITECT to solicit or secure this agreement and that he has not paid or agreed to pay any person, company, corporation, individual , or firm, other than a bonafide employee working solely for the LANDSCAPE ARCHITECT any fee , commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement . SECTION XI - PUBLIC ACCESS The COUNTY may unilaterally cancel the contract for refusal by the LANDSCAPE ARCHITECT 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 LANDSCAPE ARCHITECT in conjunction with the contract . 8 SECTION XII — SEVERABILITY If any portions of this Agreement shall be held invalid or unenforceable , such invalidity or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed and enforced as if such provisions had not been included . SECTION XIII — TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon 30 days ' written notice by either party. In the event of any termination, LANDSCAPE ARCHITECT will be paid for all services rendered to the date of termination, all reimbursable expenses and termination expenses . SECTION XIV — GENERAL A . No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto . B . The contact person in the COUNTY' S behalf shall be the Indian River County ENGINEER, Christopher J . Kafer, Jr. , P . E . The LANDSCAPE ARCHITECT shall take directions for the work from the Indian River County ENGINEER, exclusively, or whom the Indian River County Public Works Director might otherwise designate in writing . C . This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. [THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY] 6 9 IN WITNESS WHEREOF the parties hereto have executed these presents this 3rd day of February , 2004 . BJB , OCIATES , INC . BOARD OF COUNTY COMMISSIONERS 14S BLVD . , SUITE 112 INDIAN RIVER COUNTY , FLORIDA M32901 B BY : esident Caroline D . Ginn, Cha an Approved by BCC 02 - 03 - 04 AttesAttest : Jeffrey K. Barton, Clerk of Court County Attorney DEPUTYCLERK Approved as to Form and Legal Sufficiency ?m0esVPhandler, County Adn ' stra o Indian River County Approved Date Administration a p Bud et Legal 0 Risk Management Department Head Division Head 10 ATTACHMENT "A" Scope of Work for Drawing Revision and Creation on the Pelican Island NWR Upland Restoration Plan In 2001 , Brad Smith Associates , Inc . completed a drawing project entitled "Pelican Island National Wildlife Refuge Upland Restoration Plan", BSA Project Number 00- 1005 . This scope of work encompasses modifying drawings from that project, creating new ones as needed, and supplying reproducibles and copies of the drawings per the following items . Mark Graham with the U . S . Fish and Wildlife Service (USFWS) at Pelican Island National Wildlife Refuge (PINWR) will provide details of necessary changes by providing ArcView 3 . 2a shapefiles , Excel files , Word files , redlined drawings , or verbal descriptions as appropriate . (Note : "will" denotes actions by the USFWS and "shall" denotes actions by the design contractor. ) 1 . The following drawings from BSA Project No . 00- 1005 are anticipated to have changes and/or need to be provided for construction and permit modifications : CS - 1 , PD - 1 , PD-2 , PD -3 , PD-4, SP - 1 , C - 1 , C -3 , C-4 , C - 6 , C- 7 , and C - 8 . If the following features cannot be accommodated on the existing drawings , new drawings will be needed for: planting areas , citrus tree "hammocks" to be left from an existing block of trees , and excavated dirt staging areas . Only a portion of the project is being constructed at this time . Copies shall be provided as follows for the drawings listed in the preceding paragraph. The design contractor shall provide review prints as needed during the drawing revision and creation phase of the work . One original set of reproducible plans and one signed/sealed copy of the plans shall be provided to Indian River County. Two copies of the plans shall be provided to the USFWS . One copy of computer files used to generate the drawings shall be provided on CD( s) to the USFWS . 2 . Revise the slopes for Aquatic Habitats 1 , 2 , 3 and Ephemeral Ponds 1 , 2 , 35 4 , 55 6 to be 8 : 1 . Reconcile the drawings regarding slope cross sections to show proper depths and slopes . A perimeter berm shall be shown on the Aquatic Habitats but not the Ephemeral Ponds . 3 . Reshape and relocate Aquatic Habitats 1 , 2 , 3 and Ephemeral Ponds 1 , 2 , 3 , 4 , 5 , 6 per the ArcView files that will be provided by the USFWS . The provided files will show the outline for the toe of the containment berm on the Aquatic Habitats and the outer outline for the Ephemeral Ponds . The drawings of the Aquatic Habitats by the design contractor shall show the toe of the containment berm and the toe of the 8 : 1 slope . The contours for water surface control elevation and slope transition shall be removed . The drawings of the Ephemeral Ponds shall 12/ 18 /2003 Page lof 3 Rev . 2 - e show the outer outline only. The shapes provided by the USFWS shall require smoothing for fluid curves by the design contractor. 4 . Revise the depths of the Aquatic Habitats and Ephemeral Ponds per the USFWS . 5 . Remove the catch basins , outfall pipes , and swales that accommodate the Aquatic Habitats . Remove the staked turbidity barrier from the Aquatic Habitat 3 outfall . Keep in place the catch basins , outfall pipes , swales , and staked turbidity barriers that accommodate the proposed loop road ; also keep the turbidity barriers and catch basin for the Collin ' s Hole outfall pipe . However, show these remaining structures as future work . For remaining swales , change note to read per USFWS direction rather than LES direction. 6 . Show the proposed loop road as future work. 7 . Add the locations of existing artesian wells per USFWS supplied ArcView files . 8 . Denote a section of the northernmost east-west ditch that should not be backfilled due to the presence of mangroves per USFWS supplied ArcView files . 9 . Add areas which must be cleared of citrus trees and denote where to stockpile fill dirt and topsoil per USFWS supplied ArcView files . 10 . Add and revise locations of silt fencing per USFWS supplied ArcView files and USFWS direction . Areas that require silt fencing are the wetland construction areas and the dirt stockpile areas . 11 . Add upland areas that are to be planted with vegetation and annotate what planting schedule should be followed for each area per USFWS supplied ArcView files . Annotate which planting schedules should be followed for the Aquatic Habitats and Ephemeral Ponds . The planting schedules will be produced by the USFWS and shall be incorporated into the drawings by the design contractor. 12 . Add the location of an existing block of citrus trees and denote which portions should be cleared to leave citrus tree hammocks per USFWS supplied ArcView files . 13 . Remove note to install sod on the containment berms around the Aquatic Habitats . 14 . Remove detail views for eliminated catch basins that will not be used elsewhere on the project . 15 . Relocate culvert location per USFWS direction and annotate as nonfunctional . Correct note regarding connection to Collin ' s Hole . 12/ 18/2003 Design Scope of Work for PINWR Upland Restoration Page 2 of 3 Rev . 2 16 . Revise project contacts and drawing index on drawing CS - 1 per USFWS direction. 17 . Revise notes denoting acreages of east-west drainage ditches to be filled based on new Aquatic Habitats shapes/locations and section of ditch not to be filled per USFWS direction . 18 . Remove a turbidity barrier not needed because of a nonexistent culvert per USFWS direction . 19 . Denote construction work that has already been accomplished : Aquatic Habitat 3 , Ephemeral Ponds 4 , 5 , 6 , and backfilling of southernmost east-west ditch and western Jungle Trail ditch. 12/ 18/2003 Design Scope of Work for PINWR Upland Restoration Page 3 of 3 Rev . 2