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Home My WebLink About2004-044 0 IMPLEMENTATION OF THE q ' oq EAST INDIAN RIVER COUNTY MASTER STORMWATER MANAGEMENT PLAN : WORK ORDER No . 3A TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN CARTER ASSOCIATES, INC., AND INDIAN RIVER COUNTY, FLORIDA FOR ADDITIONAL ENGINEERING SERVICES FOR THE PRELIMINARY ENGINEERING REPORT FOR THE EGRET MARSH REGIONAL STORMWATER PARK (a . k. a . SOUTHWEST INDUSTRIAL STORMWATER PARK) , PHASE I Pursuant to the Professional Engineering Services Agreement ( MASTER AGREEMENT ) dated May 8 , 2001 , by and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida , hereinafter referred to as the COUNTY , and CARTER ASSOCIATES , INC . , Vero Beach , Florida , hereinafter referred to as the ENGINEER , this WORK ORDER No . 3A is an extension of and hereby becomes a part of the MASTER AGREEMENT as follows : SECTION 1 - PROJECT DESCRIPTION The purpose of this Work Order is to update the Preliminary Engineering Report ( Report) prepared under Work Order No . 3 , to include work proposed by an EPA/FDEP 319 ( h ) Grant and to compare and contrast recently developed stormwater treatment technologies with conventional , natural treatment systems for stormwater. The revised Report will evaluate and compare passive non - managed , managed , and chemical treatment systems for stormwater. (The original Report centered on the stormwater storage and treatment system developed by the Master Plan . The update will include new , state-of-the art technology that has only recently been published . ) This Work is discussed in more detail in SECTION III — SCOPE OF SERVICES PROVIDED BY THE ENGINEER . SECTION II - COUNTY OBLIGATIONS A . The COUNTY will comment on the ENGINEER ' s work in a timely fashion . F :\Public Works\KeithM\Stormwater Projects\East IRC\Contracts\Consultant Contract with Carter & Associates\Work Order No. 3 - Calpine Node - Phase Work Order #3A - Additional Engineering Services - Latest Revision - February 16, 2003 .doc 1 Y SECTION III - SCOPE OF SERVICES PROVIDED BY THE ENGINEER A . Modify the Report to include additional proposed treatment alternatives for the Phase I site . The additional alternatives shall be consistent with alternatives proposed and funded through the EPA/FDEP 319 ( h ) Grant program . The modified alternatives shall include the following : 1 . Revise the low maintenance pretreatment pond and wetland treatment system originally investigated in the Report . Recalculate efficiencies , mass removal rates and costs . Modify the Report to reflect these changes . 2 . Review the potential of using an alum treatment system at the project site . Calculate size requirements , efficiencies , mass removal rates and costs . Prepare a discussion of alum treatment to be included in the Report . 3 . Review the potential of using a managed aquatic plant system consisting of a combination of water hyacinths and an Algal Turf Scrubber. Calculate size requirements , efficiencies , mass removal rates , and costs . Prepare a discussion of the managed aquatic plant system to be included in the Report. 4 . At his or her discretion , the ENGINEER may use information provided by others to assist with comparisons . B . From this investigation , prepare a comparison summary of the three technologies . Summarize the comparison in the Report and provide specific recommendations . SECTION IV - TIME FOR COMPLETION Time is of the essence for this Project . Submit the Revised Preliminary Engineering Report to the COUNTY for review on or before the 21st calendar day after the COUNTY issues a written authorization to proceed . SECTION V - COMPENSATION The COUNTY agrees to pay , and the ENGINEER agrees to accept , a fee for services rendered according to the " Scope of Services Provided by the ENGINEER , " identified in Section III of this WORK ORDER , with a maximum charge of $ 3 , 500 . SECTION VI = PARTIAL PAYMENTS The COUNTY shall make monthly partial payments to the ENGINEER for all authorized work pertaining directly to this project performed during the previous calendar month . The ENGINEER shall use the form provided in "Attachment 1 , " herein . The ENGINEER shall submit invoices monthly for services performed and expenses incurred pursuant to this Agreement during the prior month . The ENGINEER shall submit duly certified invoices in duplicate to the Director of F :\Public Works\KeithM\Stormwater Projects\East IRC\Contracts\Consultant Contract with Carter & Associates\Work Order No. 3 - Calpine Node - Phase Work Order #3A - Additional Engineering Services - Latest Revision - February 16, 2003 .doc 2 J the Public Works Department . For lump sum line items , the amount submitted shall be the prorated amount due for all work performed to date under this phase , determined by applying the percentage of the work completed as certified by the ENGINEER , to the total due for this phase of the work . For time and material line items , the amount submitted shall be based on the actual hours worked and expenses incurred for the billing period . The amount of the partial payment due the ENGINEER for the work performed to date under these phases shall be an amount calculated in accordance with the previous paragraph , less ten percent ( 10 % ) of the invoice amount thus determined , which shall be withheld by the COUNTY as retainage , and less previous payments . Per F . S . 218 . 74 (2 ) , the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the ENGINEER ' s invoice . Per F . S . 218 . 74 (2 ) , the ten percent ( 10 % ) retainage withheld shall be paid in full to the ENGINEER by the COUNTY , on or before the forty-fifth day after the date of final acceptance of the Work by the Public Works Director. The Agreement is broken into deliverable units . No payment shall be made unless the Public Works Director has received and approved the work products required under the "Scope of Services Provided by the ENGINEER , " herein . SECTION VII = VENUE Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida , or, in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . SECTION VIII - RELATIONSHIP TO MASTER AGREEMENT AND LAWS OF FLORIDA All conditions set forth in the MASTER AGREEMENT shall control unless otherwise specified in this WORK ORDER . This WORK ORDER No . 3A , regardless of where executed , shall be governed by and construed according to the laws of the State of Florida . .....--------......--------.....----------..... F:\Public Works\KeithM\Stormwater Projects\East IRC\Contracts\Consultant Contract with Carter & Associates\Work Order No. 3 - Calpine Node - Phase Work Order #3A - Additional Engineering Services - Latest Revision - February 16, 2003 .doc 3 IN WITNESS WHEREOF the parties hereto have executed these presents this 9th day of March , 2004 . CARTER ASSOCIATES , INC . INDIAN RIVER COUNTY , FLORIDA 170821 ST STREET BOARD OF COUNTY COMMISSIONERS VER LORI 3 BY BY : Dean F . Luethje , ice Pre dent Caroline D . Ginn , Cha�irpergon Witness by : Approved by BCC 03r49 - 2004 Attest : Jeffrey K . Barton , Clerk of Circuit Court Indian River County Approved Date By: � Administration G a Deputy Clerk Budget AAPPROVED ORM AN G OF ICIENCY CountyAttorne Risk Management v:. V1u orney Public Works ZS l Stormwater 2 „ 1 Engineering mes . Chandler, ounty Administrator F :\Public Works\KeithM\Stormwater Projects\East IRC\Contracts\Consultant Contract with Carter & Associates\Work Order No. 3 - Calpine Node - Phase [\Work Order #3A - Additional Engineering Services - Latest Revision - February 16, 2003 .doc 4 ♦ • ' ' • • - • i - • - - • • • • • - • • s i` "' -�' s ✓ xi r f .� 'x"' ' ` ""'` „ m* r a rE # w "' a a� r2r .�_-, '9. . , MN: a`a ,», "awr+..' .aw�..,..aa. -.: 2am«k �`a` S .,fk� � ..a..cW' ti* d ' - 'id`aav= • ♦ - • • - 1 1 • - ♦ - 0 • "f ♦ • ♦ - • ATTACHMENT 1 CONSULTANT ' S APPLICATION FOR PAYMENT NO . for WORK ORDER No . 3A ENGINEER ' S CERTIFICATION : THE UNDERSIGNED ENGINEER ' S REPRESENTATIVE CERTIFIES that I have checked and verified the above Application for Payment No . and that to the best of my knowledge and belief, it is a true and correct statement of work performed and/or material supplied by the ENGINEER ; that all work and/or materials included in the Application for Payment have been inspected by me and/or by my duly authorized representative or assistants ; that it has been performed and/or supplied in full accordance with the requirements of the referenced Contract and with sound engineering practice and judgment; and that the payment amount claimed and requested by the ENGINEER is correctly computed on the basis of work performed and /or materials supplied to date . THE UNDERSIGNED ENGINEER' S REPRESENTATIVE ALSO CERTIFIES that all previous progress payments received from the COUNTY on account of Work done under the Contract referred to above have been applied on account to discharge ENGINEER ' s legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive ; and if this is a Final Pay Request , I further certify that all persons doing work upon or furnishing materials or supplies for this project under this foregoing Contract have been paid in full . Dated ENGINEER : CARTER ASSOCIATES , INC . 1708 21 st Street Vero Beach , Florida 32960 ( 561 ) 562-4191 ENGINEER' S REPRESENTATIVE : Name and Title : State of Florida . County of Indian River. Subscribed and sworn to before me this day of , 200 Notary Public My Commission expires : F :\Public Works\KeithM\Stonnwater ProjectsTast IRC\Contracts\Consultant Contract with Carter & Associates\Work Order No. 3 - Calpine Node Phase Work Order #3A - Additional Engineering Services - Latest Revision - February 16, 2003 .doc 6