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Home My WebLink About2003-052 o -off IMPLEMENTATION OF THE EAST INDIAN RIVER COUNTY MASTER STORMWATER MANAGEMENT PLAN : WORK ORDER No . 3 TO THE PROFESSIONAL ENGINEEERING SERVICES AGREEMENT BETWEEN CARTER ASSOCIATES, INC., AND INDL4NRIVER COUNTY, FLORIDA FORA PRELIMINARY ENGINEERING REPORT FOR THE 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 . 3 is an extension of and hereby becomes a part of the MASTER AGREEMENT as follows : SECTION 1 - PROJECT LIMITS AND DESCRIPTION In accordance with the East Indian River County Master Stormwater Management Plan ' s ( Master Plan ) recommended improvements and actions , WORK ORDER NO . 3 is for the preparation of a Preliminary Engineering Report for the Phase design of Alternative No . 6 of the Master Plan (Southwest Industrial Stormwater Park) . In general , Phase I of Alternative No . 6 consists of the construction of a storage reservoir and treatment system on an existing 35-acre COUNTY-owned parcel in the vicinity of 4th Street and 74th Avenue . This reservoir will be incorporated into a future stormwater treatment and storage system that may total up to 195 acres . 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 . [The remainder of this page was left blank intentionally] F:\Public Works\KeithM\Stcr nwater Projects\East IRC\Contracts\Consultant Contract with Carter & Associates\Wcrk Order No. 3 - Calpine Node Phase Mork Order #3 - Latest Revision .doc 1 SECTION III - SCOPE OF SERVICES PROVIDED BY THE ENGINEER A. PROJECT ASSIGNMENTS The "design team" is collectively comprised of Carter Associates , Inc . and Environmental Consulting & Technology , Inc. Specific assignments follow: 1 . Carter Associates , Inc . — Carter Associates , Inc . (CAI ) shall provide project quality control services . The following CAI personnel are required to work on this project . a . Dean F . Luethje , P . E . 2 . Environmental Consulting & Technology ( ECT) — ECT shall provide all preliminary engineering design and related work . The following ECT personnel are required to work on this project: a . Frank E . Marshall , P . E . , Ph . D . b . Robert Naleway , P . E . c . Lora Saunders , Associate Scientist B . GENERAL The Southwest Industrial Stormwater Park will be a regional stormwater treatment and storage facility, receiving water from Indian River Farms Water Control District ( IRFWCD ) canals . The Stormwater Park' s primary purpose is to protect the water quality of the Indian River Lagoon and thereby aid in restoring the Lagoon ' s seagrass coverage , by treating and storing stormwater runoff and groundwater seepage carried to the Lagoon by IRFWCD canals . The canal water will be treated in the Stormwater Park to remove pollutants such as nutrients and suspended solids . The facility' s secondary purpose is to provide process cooling water to a proposed private power plant called the Blue Heron Energy Center. If the power plant is constructed , some of the treated water will be pumped from the storage reservoir to the power plant , where it will be evaporated . A tentative withdrawal point for the canal water has been determined by the COUNTY , Blue Heron Energy Center, L . L . C . ( a wholly owned subsidiary of Calpine Corporation ) , and IRFWCD . The Stormwater Park shall also function as a wildlife sanctuary and this shall be considered in the Phase I preliminary engineering design . The Nature Conservancy will be a partner for this project and therefore , coordination with The Nature Conservancy is necessary and expected under this Work Order. This input shall be specifically addressed in the Preliminary Engineering Report , The COUNTY owns the 35- acre Phase I site . Up to 160 additional acres may be purchased and incorporated into the stormwater treatment and storage system . Unfortunately , the final configuration of the built-out Stormwater Park may not be known when Phase I is designed . Therefore , the Phase I preliminary engineering design shall be based on a " modular ' concept , so that the facility will function properly regardless of the Stormwater Park' s final boundary . FAPublic Works\KeithM\Stcrmwater Projects\East IRC\Contracts\Consultant Contract with Carter & Associates\Work Order No. 3 - Calpine Node - Phase Work Order #3 - Latest Revision .doc 2 C . ENGINEERING SERVICES Task 1 — Preliminary Engineering Report asPrepare a preliminary engineering report that includes , but is not limited to : Analyze stormwater treatment, storage and operation alternatives and provide estimated costs and recommendations , including preliminary engineering calculations and drawings for the recommended facility . Determine proposed operational water levels and provide schematic drawings showing water level elevations . Cost information shall include a preliminary opinion of probable construction cost and yearly operation and maintenance costs . Note that part of the Phase I site includes an abandoned unregulated landfill (former "stump dump " ) and therefore , some geotechnical investigations and water quality sampling and testing will be necessary to determine if design constraints will be placed on certain parts of the site . (The geotechnical investigations and water quality sampling and testing will be performed by COUNTY consultants . ) Coordinate this effort with St . Johns River Water Management District (SJRWMD ) and the Florida Department of Environmental Protection ( DEP ) to ascertain what design constraints , if any , those agencies may place on the property ( i . e . perform preliminary permitting ) . Coordinate with and schedule the COUNTY' s geotechnical engineering consultant and testing laboratory as necessary. Further, investigate the potential for withdrawing the most polluted canal water possible from the IRFWCD ' s canals for treatment in the Stormwater Park . Perform a cost- benefit analysis and recommend whether or not the currently proposed canal water withdrawal point should be relocated . ( Note : Calpine Corporation is responsible for designing , permitting , and constructing the Stormwater Park' s influent pumping station in the IRFWCD canal , and also a Power Plant cooling water pumping station at the reservoir. Coordinate with Mr. Charles Wright, Calpine Water Quality Specialist at (813 ) 637-7300 , regarding the Stormwater Park' s flow requirements and the cooling water pump station ' s design requirements , including water quality requirements . The reservoir must be designed to meet the Power Plant' s cooling water quantity and quality requirements . ) Task 2 = Proiect Meetings = Meet with COUNTY personnel as requested by the COUNTY at the County Administration Building or project site . As a minimum , the following meetings will be held : a . At least 3 coordination meetings to discuss the project and develop criteria to guide the Preliminary Engineering Report , and one or more meetings to review the Preliminary Engineering Report. b . Meet to discuss the Project with The Nature Conservancy and COUNTY . C , Meet with local and state regulatory personnel as necessary to determine design constraints and to minimize final design efforts . F:\Pubhc Works\KeithM\Stc mwater Projects\EastIRC\Contracts\Consultant Contract with Carter & Associates\Wank Order No. 3 - Calpine Node - Phase Work Order #3 - Latest Revision.doc 3 SECTION IV = TIME FOR COMPLETION Time is of the essence for this Project . The COUNTY has a contractual obligation with Blue Heron Energy Center, L . L . C . , to have the Phase I reservoir in place for start-up and testing , on or before December 2004 . Schedule and perform the work to accomplish this goal . Submit the Preliminary Engineering Report to the COUNTY for final approval on or before the 60th 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 $22 , 775 . 00 . This maximum fee is itemized as follows : TABLE V-1 — MAXIMUM COMPENSATION SCHEDULE Task Description ENGINEER ' s Compensation 1 Preliminary Engineering Report $ 189850 . 00 2 Project Meetings $ 3 , 925 . 00 TOTAL MAXIMUM COMPENSATION $22 ,775 . 00 SECTION VI - ADDITIONAL WORK Additional work shall be in accordance with the MASTER AGREEMENT . Additional work performed on a time and material basis shall not exceed the unit values listed in the following schedule . Lump sum fees for additional work shall be negotiated . TABLE VI - 1 — MAXIMUM UNIT PRICES FOR WORK PERFORMED ON A TIME AND MATERIAL BASIS ENGINEER I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100 . 00/hr ENGINEER 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 85 . 00/hr ENGINEERIII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 60 . 00/hr ENGINEER TECHNICIAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50 . 00/hr BOTANIST . . $ 110 . 00/hr BIOLOGIST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 110 . 00/hr PLANNER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100 . 00/hr SENIOR SCIENTIST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100 . 00/hr LANDSCAPE ARCHITECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100 . 00/hr SURVEYOR I ( Principal ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . now " $ 100 . 00/hr SURVEYOR li ( Registered ) . 65 . 00/hr F:\Public Works\KeithM\Stamwater Projects\FastIRC\Contracts\Consultant Contract with Carter & Associates\WQk Order No. 3 - Calpine Node - Phase Work Order #3 - Latest Revision.doc 4 SURVEYORIII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55 . 00/hr SURVEY CREW (3- MAN ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 90 . 00/hr CADD TECHNICIAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50 . 00/hr DRAFTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45 . 00/hr SECRETARY/WORD PROCESSOR . . . . . . . . . . ones a 30 . 00/hr RESIDENT PROJECT REPRESENTATIVE . 35 . 00/hr GRAPHICS ASSISTANT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25 . 00/hr RECORDING AND PERMIT FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cost MATERIALS , I & @ & & woes@ a balm @agave a be 64 , 09 * 9 ago a at bassoon so we a a 6 a above@ a a 60 , 6606 soesea a 0 sea me Cost + 10 % TRAVEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 . 29/Mile SUB -CONSULTANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cost REIMBURSABLE EXPENSES . Postage , Long Distance Calls , Federal Express , Handouts for Public Meetings , etc , Cost Blueprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1 . 00/sheet Mylars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4 . 00/sheet Xerox . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 . 15/page SECTION VII = 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 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 . F:\Pubhc Works\KeithM\Stc mwater Projects\EastIRC\Contracts\Cmsultant Cmtractwith Carter & Associates\Wcrk Order No. 3 - Calpine Node - Phase Mork Order #3 - Latest Revision.doc 5 SECTION VIII = 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 IX - 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 . 3 , 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 day of March , 2003 . CARTER ASSOCIATES , INC . INDIAN RIVER COUNTY , FLORIDA 170821 ST STREET BOARD OF COU COMMISSIONERS VER , FLO D 32# 0 BY 61 BY : Dean F . Luet je , Vice Presi nt Kerffieth R . Macht , Chairperson Witnessed by: Approved by BCC 03 - 04 - 2003 Attest : Jeffrey K . Barton , Clerk of Circuit Court Indian River County Approved Date Administration Deputy Clerk Budget Count Attorne Risk Management ou y Attorney Public Works u� Stormwater Mo EngineeringZounty es E . Chary er, Administrator F:\Pubhc Works\KeithM\Stornwater ProjectsTast IRC\Contracts\Cmsultant Contract with Carter & Associates\Wcrk Order No. 3 - Calpine Node - Phase Mork Order #3 - Latest Revision .doc 6 • ' • ' • • - - • - • - - • - i - - • - • - • - - - • - RMI a'�r.6.:. .s • • • - . 1 • � - . - -. ` • a TA Lkfif • 0 - 1 I ON FMATCI WWII I Roll I Ile wig lzm • - 1 . • • - I] • I] • ME ��Il kli Lois ] - • apill =K1 wto Mel MR 111611 • - - ' • ATTACHMENT 1 CONSULTANT' S APPLICATION FOR PAYMENT NO . for WORK ORDER No . 3 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 ) 5624191 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\Stamwater Projects\East IRC\Contracts\Consultant Contract with Carter & Associates\Wank Order No. 3 - Calpine Node - Phase Mork Order #3 - Latest Revision.doc 8