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HomeMy WebLinkAbout2006-375 /u d 0( W. F. McCain & Associates, Inc. 1171 19'hStreet � � � Vero Beach, Florida 32960 Phone : (772) 770- 1093 Innovative Solutions in Civil and Environmental Engineering Services Fax : (772) 770- 1508 3ly5 Apo - I July 31 , 2006 Gordon Sparks Environmental Engineer Indian River County 1840 25 `h St Vero Beach, FL 32960 RE: Hobart Road Industrial Park — Developers Agreement IRCO UPC-2387 Engineers Project No 06- 166 Mr. Sparks: As per our discussions, I have received the revised WFM proposal from the County Attorneys Office. Attached you will find two original executed copies of said agreement. I will, as requested, summarize the project ' s history as follows: 1 . On 11 / 18/03 , the Indian River County Board of County Commissioners approved the original Developers Agreement. The final cost estimate for construction was $ 163 ,222 . 80. (see attached copy of original agreement) 2 . The project was bid on 7/ 14/04 through the counties Demand STAR advertising system. 3 . The projects bids were evaluated and submitted to IRCO Utilities on 7/23/04 with a low bid of $207,890. 00. As stated in the attached 7/23/04 evaluation letter. The project would need to go back to the BCC for an adjustment in costs to proceed. 4. After a lengthy review of the low bidder (a new underground construction company) by both WFM and IRCO Utilities Staff, it was determined not to proceed, for the following reasons : a. The credentials of the low bidder could not be substantiated by IRCO Utilities. b . The projects cost, should the 2"a lowest bidder be considered, were considered too high. 5 . It was determined by the utilities staff (see copy of Doyle letter dated 12/ 10/04) not to award, and have the line size reduced from 16 in. to 12 in. 6. Utilities was to have the counties unit outside construction company build the line at the reduced size. At a future date, a 2"a 12 in. line would be constructed to meet a combined transmission capability equal to a 16 in . line. Attachment 1 LTR to G. Sparks. Developers Agreement 1 of 2 7. WFM redesigned the main at the counties request and relinquished plans to the county at both the 16 in. and 12 in. sizing for construction by the counties continuing services utility contractor. The counties utility staff has reevaluated alternate routes for the previously proposed parallel 12 in. line installation. Staff has determined that no other practical route exists, either on Hobart Rd. or other streets parallel to the route . This, along with an increased future cost, i .e. railway lease, etc. IRCO utilities staff is requesting a rebid of the project with WFM as the counties representative. This is being proposed as WFM is the Engineer of Record for the project and time is of the essence. The original developer, Mr. Alan Schommer, is preparing to construct the final building on his Hobart Commercial Site and is relying on this main for the required Fire Flow at the site. WFM has update the projects cost estimate, see attached. The revised total project cost to completion is $312 .552 . 30, WFM recommends a budget of $315 ,000 be utilized; however the construction only is $301 , 187 . 30. WFM is now prepared to, upon execution of the attached agreement, move ahead at the utilities departments request and rebid this project on behalf of the county. If you have any questions, or need additional information, please do not hesitate to contact me directly at 772-770- 1093 , ext 13 . Sincerely, I � William F. McCain, P.E. President / Principal Engineer Cc : M. Hotchkiss A. Schommer LTR to G. Sparks. Developers Agreement Page 2 of 2 W. F. McCain & Associates, Inc. 1171 19th Street Vero Beach, Florida 32960 Phone: (772) 770-1093 Innovative Solutions in Civil and Environmental Engineering Services Fax: (772) 770- 1508 www.wfmccain.com August 28, 2006 Mr. Gordon Sparks RECEIVED Environmental Engineer Indian River County Utilities AUG 3 12006 1840 25" Street Vero Beach, FE 32960 UTILITIES SUBJECT: PROPOSAL/CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES FOR CONSTRUCTION BIDDING SERVICES OF MASTER PLANNED HOBART WATER MAIN EXTENSION, VERO BEACH, INDIAN RIVER COUNTY, FLORIDA ENGINEER' S PROJECT NO. 06-166 Dear Mr. Sparks : At your request, we are hereby submitting our proposal to provide professional engineering services for the above-referenced project. Based on our understanding of your project needs and the rules and regulations of Indian River County, the Department of Environmental Protection and our review with the Utilities Department staff of the proposed construction, our scope of work would include the following services: Task I 1 . Project coordination with Mr. Gordon Sparks as the County' s representative . 2 . Project coordination with the following permitting agencies: a. Indian River County (IRCO) b . Indian River County Utilities c . Florida Department of Environmental Protection (FDEP) e . Florida East Coast Railway (FEC) 3 . Project coordination with Mr. Gordon Sparks, Indian River County Utilities, for bid package preparation. 4. Coordinate pre-bid meeting. 5 . Evaluate bids and respond to RAI ' s. 6. Submit Right-of-way permit to Indian River County Engineering Dept. , etc. Estimated Fee : $ 1310.00 Task II I . Coordination of and attendance at a pre-construction conference with the contractor and IRCO prior to commencement of construction. 2 . Provide shop drawing review for all construction components. 3 . Issuance of the notice to proceed. 4. Review all pay requests (estimated at 3 requests) for recommendation of payment. Estimated Fee: $810.00 Initial WInitial Client _ proposal-final] Page t of Attachment 2 Task III 1 . Provide on-site inspection services. a. Estimated construction time of 45 days to substantial completion and 60 days to final completion. b. Site inspection based on a 3 days per week basis, 3 hours per visit during the construction period. Estimated Fee : $5895 .00 Task IV 1 . Provide record drawings from contractor supplied as-built drawings (signed by a Florida registered land surveyor). 2 . Provide final certification to all appropriate agencies. Estimated Fee: $2350.00 Proposed Fee Schedule: Engineering Services @ $ 105 .00 per hour Construction Inspection @ $65 .00 per hour Task I Engineering Services, 10 hours. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1050.00 Construction Inspection, 4 hours . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $260.00 TaskI Subtotal .................................................................................. $1310.00 Task 11 Engineering Services, 4 hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $420 .00 Construction Inspection, 6 hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $390.00 Task11 Subtotal .................................................................................. $810.00 Task III (Assumes a 9 week total construction period.) Engineering Services, 6 hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $630.00 Construction Inspection, 81 hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5265 .00 TaskIII Subtotal ............................................................................... $5895.00 Task IV Engineering Services, 10 hours. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1050.00 Construction Inspection, 20 hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1300.00 TaskIV Subtotal ............................................................................... $2350.00 Total ......................................................................$ 10,365.00* *Direct costs, per general conditions, are estimated at $ 1 ,000.00. We propose to provide the above-described engineering services for a total estimated fee, of $ 10,365 .00. Billing will be monthly and will be based on the hourly rates below, plus direct costs as stated in our Standard Provisions section. All billing for sub-consultants will be at direct cost in accordance with our Standard Provisions. If at any time during evaluation and design of the herein proposed services it becomes apparent that the described scope of work changes, we will immediately notify you, in writing, prior to making such changes . Such changes will be considered additional services requiring written authorization and will be provided on an hourly basis at the following hourly rates : Initial WF _ Initial Client proposal-finall Page 2 of 5 Principal Engineer $ 120.00 per hour Senior Biologist 110.00 per hour Senior Engineer 110.00 per hour Senior Structural Engineer 110.00 per hour Structural Engineer $ 85 .00 per hour Structuctural Inspector $ 70.00 per hour Traffic Engineer $ 95 .00 - $ 140.00 per hour Junior Engineer $ 70.00 per hour Senior Technician $ 70.00 per hour Junior Technician $ 60.00 per hour Sr. Landscape Designer S 70.00 per hour Construction Inspector $ 65 .00 per hour Construction Management $ 80.00 per hour Administrative $ 35 .00 per hour Invoices for our services will be billed monthly based on actual time expended at the above hourly rates plus applicable direct costs with payment due in accordance with the Local Government Prompt Payment Act (2005), Section 218 .70, Florida Statutes, et seq. We are available to begin work described herein and more specifically upon receipt of your written acceptance of this proposal/contract. Sincerely, W. F. McCain & Associates, Inc . William F . McCain, P .E. Witness President WFM/lm fNDM),N1d VF,A `COUNTY drthur KNeuberget Chajrman. Board of County Commissi s DATE: \24 , 2006 Attest: J. K. Barton, Clerk of the Circuit Court APPHUIOZIO AS to FOAM AtJd t-FE3stL FFi Y By: t3 Deputy Clerk A , � STq?J !" �; 1liMtY ATTORNEY Approved: CSO t J/meq/ � unty dlrlinistrator Initial WW Initial Client _ proposal-finall Page 3 of 5 STANDARD PROVISIONS Terms — Invoices will be provided on a monthly basis and will be based upon percentage of completion or actual hours, plus expenses, depending on contract terms. Payment is due W.F . McCain & Associates, Inc. by the due date shown on the invoice in accordance with the Local Government Prompt Payment Act (2005), Section 218.70, Florida Statutes, et seq. Owner or engineer may also suspend or terminate work as outlined above as a result of an act of government such as a declaration or national emergency making work progress impossible. Expenses/Direct Costs — Incidental expenses and direct costs are reimbursable as follows : Blueprints $ 1 .50 each, blacklines $2 .00 each, copies $0. 12 each, mylars $ 10.00 each, vellums $6 .50 each and mileage pursuant to Florida Statutes section 112 .061 . If it becomes necessary during the course of this project to travel elsewhere, those travel costs such as tolls, parking and mileage will be treated as reimbursable expenses. These expenses will be reflected in monthly invoices . (Any additional direct costs must be pre-approved by the client) . Liability- The liability of W.F. McCain and Associates Inc. for damages arising out of its performance for any mistake, omission, interruption, delay, error or defects, in the providing of its services set forth herein or any portion of its services, occurring in the course of performing this agreement, shall in no event exceed the amount of the contract for services. Hazardous Substances and Conditions- (a. ) Unless stated in the scope of services, it is agreed that the Client does not request the Consultant or perform any services or to make any determinations involving hazardous substances or conditions, as defined by federal or state law. If such services are agreed to, Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediation expert with respect to hazardous substances and conditions . Consultant' s services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation . (b.) The Consultant shall notify the Client of hazardous substances or conditions not contemplated on the scope of services of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant will stop affected potions of its services . The parties shall decide if Consultant is to proceed with testing and evaluation and may enter into further agreements as to the additional scope, fee and terms for such services. (c .) If the Consultant' s services cannot be performed because of the actual or suspected existence of a hazardous substance or condition different from that contemplated in the scope of services, the Client shall be deemed to have substantially failed to perform in accordance with the terms of this Agreement for the purpose of termination. Construction Phase Services If the Consultant 's services include the preparation of documents to be used for construction, the Consultant shall not be responsible for any interpretation of the intent of its documents if it is not retained and paid for periodic site visits. The Consultant shall have no responsibility for any contractor' s means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant' s visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any failure to perform its work in accordance with the contract documents. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and for is means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job sites accidents; and that the Client and the Consultant shall be made additional insured under the contractor' s general liability insurance policy. Inftia1wFZi2 Initial Client proposal-final] Page 4 of 5 Ownership and Use of Documents- All original drawings and information are to remain the property of WE McCain & Associates, Inc. The client will be provided with a mylar, CD of CADD, latest release and five paper copies of final drawings and /or reports for information and reference purposes. Insurance - W. F. McCain & Associates, Inc. will maintain, at its own expense, comprehensive general liability and professional liability insurance and upon request will furnish the client a certificate to verify same. Termination for Cause - W. F. McCain and Associates Inc. has the right to terminate the contract, for any of the following events: (a.) The failure to make timely payments pursuant to Local Government Prompt Payment Act. (b .) The failure to respond to W.F. McCain and Associates Inc. ' s written request for information or decisions. (c .) If W.F. McCain and Associates Inc . verily believes that the work requested will result in a structure or design that is not viable or it not in accordance with all code requirements. (d.) In the event of the above one or more grounds for termination of cause, W.F. McCain and Associates Inc. shall give a seven day written notice, and if the grounds for termination are not cured within the seven days, W.F . McCain and Associates hie. has the right to terminate the contract . Termination — This agreement may be terminated by the authorized representative effective immediately upon receipt of written notice. Payment will be due for services rendered through the date of written notice receipt. Third No Party Beneficiary This agreement is entered into for the exclusive benefit of the parties and the parties expressly disclaim any intent to benefit anyone not a party. Governing Law And Venue This agreement is to be governed by the laws of the State of Florida and the venue in the event of any litigation shall be Indian River County, Fl. Initial wooInitial Client proposal-finall Page 5 of 5