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Home My WebLink About2003-154 `` ? 1 C -3 INDIAN RIVER COUNTY DOUGLAS CAFETERIA HVAC UPGRADES H AGREEMENT 4 THIS AGREEMENT made and entered into this 1st day of Jul y , 20 03 , by and between TLC Engineering, Inc. 874 Dixon Boulevard Cocoa, Florida 32922 -5809 hereinafter called the ENGINEER and INDIAN RIVER COUNTY herein called the OWNER. WITNESSED : That whereas , the OWNER and the ENGINEER for the consideration hereinafter named, agree as set forth below : Article 1 . SCOPE OF WORK The existing building shall be outfitted with a proposed packaged air-conditioning unit at the rear of the building . This project includes the installation of new air conditioners , ductwork and electrical support . Construction Administration services shall be provided for the construction period and is included in this price . The project design shall consist of mechanical and electrical work for the installation of two air- conditioners (Trane base of design ) , new ductwork , as well as modification to the existing insulation. The design work shall include, but not be limited to the following : Removal of existing walls , etc and miscellaneous demolition Installation of the new A/ C units , ductwork, grilles New concrete pads for A/C units Modification of existing electrical service as necessary to accommodate the new A/C units Modifications to the existing lights within this facility Construction Administration shall include, but not be limited to the following : Bid negotiations Shop drawing review Responses to RFI ' s Pay request review Construction inspections Submittals : All work will on AutoCAD (2000) generated drawings Written specifications will provided on the drawings TLC will submit, For bidding purposes , 6 sets of final blueline drawings and specifications of the of proposed Division 15 and 16 work . Two (2) sets of review check prints at approximately 75 % design ( 11 "x17"prints) . One ( 1 ) copy of all final drawings on electronic media (Auto CAD 2000) . Design Meetings One meeting at the 75 % design phase is included. Additional Service Additional services may be included : Additional designs meeting Expanded scope beyond proposal constraints Additional HVAC or electrical work beyond this scope This agreement may be modified by written addendum to include additional work. The addendum shall include the negotiated fee based upon the attached fee schedule (Schedule A) and the amended scope of work. ENGINEER, as an independent ENGINEER and not as an employee of the COUNTY, shall furnish, for the sum of Three thousand Nine hundred dollars and no cents ($ 3 , 900) , all of the necessary labor, material, and equipment to perform the work described in accordance with the Contract Documents . Article 2 . TIME OF COMPLETION All construction documents shall be completed : 120 Days from receipt of the Notice to Proceed. Article 3 . GENERAL The ENGINEER hereby certifies that he has read every clause of the Contract Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made ; and shall complete the same in the time limit specified herein in accordance with the REQUEST FOR PROPOSAL #5022 . The OWNER and ENGINEER agree to maintain records , invoices , and payments for the work. All work under this Contract shall be done to the satisfaction of the SUPERINTENDENT OF BUILDINGS AND GROUNDS AS REPRESENTATIVE OF OWNER, who shall in all cases determine the amount, quality, fitness, and acceptability of the several kinds of work and materials which are to be paid for hereunder, and shall decide all questions which may arise as to fulfillment of the Contract on the part of the ENGINEER, and his decision thereon shall be final and conclusive ; and such determination and decision, in case any question shall arise, shall be a condition precedent to the right of the CONTRACTOR to receive any money hereunder. Any clause or section of this contract or specification which may for any reason be declared invalid by a court of competent jurisdiction, including appeal , if any, may be eliminated therefrom ; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as though such invalid clause or section has not been incorporated therein. Article 4 . QUANTITIES AND PRICES Thle OWNER shall pay the ENGINEER monthly progress payments for all work included and completed in accordance with this contract . The ENGINEER shall provide a description of work completed with each pay request. Reimbursable expenses (actual cost) may be billed with each pay request . Article 5 . ACCEPTANCE AND FINAL PAYMENT When the work provided for under this contract has been completed, in accordance with the terms thereof, the final payment request shall be accompanied by a Certificate of Acceptance issued by the Superintendent of Buildings and Grounds , stating that the work has been completed to his satisfaction, in compliance with the Contract. In accordance with the Florida Prompt Payment Act, after receipt of the Superintendent of Buildings and Grounds final acceptance by the OWNER, the OWNER shall make payment to the ENGINEER in the full amount. PAYMENT of the lump sum amount and acceptance of such payment by the ENGINEER shall release the OWNER from all claims or liabilities to the ENGINEER in connection with this Contract . Article 6 . THE CONTRACT DOCUMENTS In addition to this agreement the following shall be considered as if attached : RFQ #5022 and all documents submitted with said RFQ . Article 7 . ENTIRE CONTRACT This agreement and all documents incorporated by reference 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 . Article 8 . VENUE This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River county, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. Article 9 . INDEMNIFICATION ENGINEER hereby agrees to indemnify, and hold harmless , the COUNTY, and the COUNTY ' S officers, employees and agents , from and against any and all claims from liabilities , damages , losses , costs, third party claims, judgements , and expense to persons or property, including reasonable attorneys fees, to the extent caused by the negligence, recklessness , or intentionally wrongful conduct of ENGINEER, or of ENGINEER'S officers , employees, or agents , and ENGINEER shall indemnify the COUNTY against any such claims and any such judgement that may be entered in connection therewith, including reasonable attorney' s fees . (ENGINEER) ( OWNER) TLC ENGINEERING, INC . IND RIVER FLORIDA CC Chairman Kenneth R . Macht 4 Witnessed by: _ Approved by BCC July 1 , 2003 Attest : Jeffrey K Barton, Clerk of Circuit Court Bim ' County Attorney Deputy Clerk Approved as to Form and Legal Sufficiency cry----- � - James E Chandler, County Administrator Ind" Rivit Ca Approved nate AdmlrL Legal Sudgel ( �' Dept. , / L Risk Mgr. Schedule A Tilden Lobnitz Cooper Inc . BILLING DESIGNATION 8/ 1 /02 FACTOR _ 7/31 /03 BILLIN G RATES 6 Director $ 170 5 Senior Engineer, Manager 145 4 Project Engineer, Manager 115 3 Engineer/Specialist 90 2 Graduate Engineer, Designer, 70 Administrative Secretary 1 Technician , Secretary , Intern , Clerical 50 Rates subject to change with 30 days prior notice . Rev . 7/24/02 Forensic Engineering - 1 . 5 times normal billing rate Special Consulting - 1 . 5 to 2 . 0 time normal billing rate