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HomeMy WebLinkAbout2004-012(2 of 3) ORIGINAL l � PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR NORTH COUNTY REGIONAL 0 PARK PHASE 2 — IRC PROJECT NO . 0399 THIS AGREEMENT , entered into this 13th day of January , 2004 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter refereed to as the COUNTY, and ENVIRONMENTAL CONSULTING GROUP , INC . , Fern Park, Florida, hereinafter referred to as the CONSULTANT, WITNESSETH The COUNTY and the CONSULTANT, in consideration of the mutual covenants, herein agree with respect to the performance of consultant services by the CONSULTANT and the payment for those services by the COUNTY as set forth below. The CONSULTANT shall provide consulting and related services for the COUNTY in all phases of the project described in SECTION III- Scope of Services ; serve as the COUNTY ' S professional representative for the project; and shall give consulting advise to the COUNTY during the performance of the services to be rendered. SECTION I - PROJECT LIMITS AND DESCRIPTION Consultant services are required for construction of North County Regional Park, Phase 2 at 9450 Fellsmere Road (CR 512) . SECTION II - COUNTY OBLIGATIONS The COUNTY agrees to provide (in a timely manner) the following materials, data, or services as required in connection with the work to be performed under this Agreement; all of which is information the Consultant may use and reasonably rely upon : A. Provide the CONSULTANT with a copy of all studies, preliminary data or reports available, existing location surveys, topographic surveys , and related documents . B . Provide the CONSULTANT with all available drawings , and other documents in the possession of the COUNTY pertinent to the project. C . The COUNTY shall make provisions for the CONSULTANT to enter upon public property as required for the CONSULTANT to perform his services . SECTION III = SCOPE OF SERVICES The CONSULTANT agrees to perform professional services in relation to Wvw4lar %d - meetings, County Staff assistance and supervision of the installation of the 49;mw mitigation plan and related services in connection with the project as required and set forth in the following : A. GENERAL 1 . The CONSULTANT will endeavor not to duplicate any previous work done on the project. After issuance of written authorization to proceed, the CONSULTANT shall consult with the COUNTY to clarify and define the COUNTY ' S requirements for the project and review all available data. 2 . The CONSULTANT will attend conferences with the COUNTY and its representatives upon reasonable request. 3 . In order to accomplish the work described under this Agreement in the time frames and conditions set forth in this Agreement, the CONSULTANT will observe the following requirements : a . The CONSULTANT will complete his work on the project within the time allowed by maintaining an adequate staff on the work at all times . b . The CONSULTANT will be utilized for construction, coordination meetings and Supervision of mitigation per the approved Mitigation Plan, 4 . Compensation to the CONSULTANT for basic services shall be in accordance with Section V of this Agreement, as mutually agreed upon by the CONSULTANT and COUNTY . 2 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase H\0399 AGR ECG-Prof Consultant Services-cjk.doc SECTION IV - TIME FOR COMPLETION The services under the construction phase shall run concurrently with construction, beginning with the notice to proceed being issued to the Contractor and ending with issuance of the final payment to the Contractor. SECTION V - COMPENSATION The COUNTY agrees to pay and the CONSULTANT agrees to accept for services rendered pursuant to this Agreement fees accordance with the following on an hourly basis, NOT TO EXCEED : $10.000 — TEN THOUSAND DOLLARS Hourly fees in accordance with Exhibit "A" (attached) SECTION VI - ADDITIONAL WORK In the event changes are requested by the COUNTY to the contract plans after said plans have been approved and accepted by the COUNTY and upon the issuance of a work order for said additional work by the Director of the Public Works Department, said additional work may commence in accordance with the fee schedule included in the work order. SECTION VII - PARTIAL PAYMENTS The COUNTY shall make monthly partial payments to the CONSULTANT based upon actual effort on hourly components as identified in this Agreement. Payments will be made within forty-five (45 ) days of invoice receipt. The COUNTY shall withhold a 10% retainage until completion of the project as accepted by the COUNTY . Payment shall be made pursuant to the Florida Prompt Payment Act, Florida Statute 218 . 70 et seq. The CONSULTANT shall submit duly certified invoices in the CONSULTANT ' S format in triplicate to the Director of the Public Works Department . 3 FAEngineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 AGR ECG-Prof Consultant Services-cjk.doc SECTION VIII = EXTRA WORK In the event extra work is necessary by the CONSULTANT due to a change in scope of the project, such work shall be the subject of a supplemental Work Order approved by the Board of County Commissioners . SECTION IX = RIGHT OF DECISIONS All services shall be performed by the CONSULTANT to the satisfaction of the Director of the Public Works Department who shall decide all questions , difficulties , and disputes of whatever nature which may arise under or by reason of this Agreement and according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof, and the Director' s decision upon all claims, questions , and disputes shall be final, conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable . Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be desirable, as the work progresses shall be reviewed by the Director of the Public Works Department. In the event that the CONSULTANT does not concur in the judgment of the Director of Public Works Department as to any decisions made by him he shall present his written objections to the County Administrator, and the Public Works Director and the CONSULTANT shall abide by the decision of the County Administrator of Indian River County, unless the decision is clearly arbitrary or unreasonable . SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership All reports, tracings , plans, specifications , field books, survey information, maps, contract documents, and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the COUNTY and shall be made available by the CONSULTANT at any time upon request of the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the Director of the Public Works Department . 4 FAEngineering\Capital Projects\0399 North County Regional Park, Phase II\0399 AGR ECG-Prof Consultant Services-cjk.doc y B . Reuse of Documents All documents, including but not limited to drawings and specifications, prepared by the CONSULTANT pursuant to this Agreement are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this projector on any other project. Any such utilization or adaptation will entitle the CONSULTANT to further compensation at rates to be agreed upon by the COUNTY and the CONSULTANT . The CONSULTANT shall not be held liable for any reuse of the Documents and shall not be held liable for any modifications made to the documents by others . SECTION XI = NOTICES Any notices, reports or other written communications from the CONSULTANT to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the Director of the Public Works Department or County Engineer. Any notices, reports or other communications from the COUNTY to the CONSULTANT shall be considered delivered when posed by certified mail to the CONSULTANT at the last address left on file with the COUNTY or delivered in person to said CONSULTANT or his authorized representative. In person deliveries shall be evident by signed receipts . SECTION XII - TERNIINATION The obligation to provide further services under this Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. The COUNTY may, for public convenience, terminate this contract at any time provided 90 days written notice is given to the CONSULTANT . In the event of any terminations, the CONSULTANT will be paid for all services rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable incurred by the CONSULTANT as a result of such termination. 5 F :\Engineering\Capital Projects\0399North County Regional Park, Phase II\0399 AGR ECG-Prof Consultant Services-cjk.doc SECTION XIII — AUDIT RIGHTS The COUNTY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the prosecution of the work included herein and for a period of one year after final payment is made. SECTION XIV — SUBLETTING The CONSULTANT shall not sublet, assign, or transfer any work under this Agreement without the written consent of the COUNTY . When applicable and upon receipt of such consent in writing, the CONSULTANT shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. SECTION XV — WARRANTY The CONSULTANT warrants that he has not employed or retained any company or person other than bona fide employee working solely for the CONSULTANT or subconsultant to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gift or any other considerations, contingent upon or resulting from the award or making of this contract . For breach violation of this warranty, the COUNTY shall have the right to annul this contract without liability. SECTION XVI — DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of one year after the date of execution hereof or until completion of all project phases as specified by the Public Works Director, whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto or pursuant to Section XII of this AGREEMENT . 6 FAEngineering\Capital Projects\0399 North County Regional Park, Phase II\0399 AGR ECG-Prof Consultant Services-cjk.doc SECTION XVII = INSURANCE AND INDEMNIFICATION During the performance of the work covered by this AGREEMENT, the CONSULTANT shall provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the insurance listed below : A. CONSULTANT shall procure and maintain for the duration of the AGREEMENT, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, his agents , representatives , employees , and in accordance with subclause H, subconsultants . The cost of such insurance shall be included in the CONSULTANT ' S fee . B . Minimum Scope of Insurance 1 . Worker' s Compensation as required by the State of Florida. 2 . General Liability $ 1 ,000, 000 combined single limit per accident for bodily injury and property damage . COUNTY shall be an additional insured. 3 . Auto Liability $ 1 , 000, 000 combined single limit per accident for bodily injury and property damage for owned and non-owned vehicles . 4 . Professional Liability Insurance providing coverage for negligent acts, errors, or omissions committed by CONSULTANT 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 . C . CONSULTANT ' S applicable insurance coverage shall be primary. D . All above insurance policies shall be placed with insurers with a Best ' s rating of no less than A VII. The insurer chosen shall also be licensed to do business in Florida. E . The insurance policies procured, other than professional liability, shall be occurrence forms , not claims made policies . Professional liability shall be on a claim made basis . 7 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 AGR ECG-Prof Consultant Services-cjk.doc F . The insurance companies chose shall provide certificates of insurance prior to signing of contracts to the Indian River County Risk Management Department. G. The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance . H. CONSULTANT shall either include each subconsultants as insured under its policies or shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein. I . Notwithstanding the provisions of s . 725 . 06 , if a design professional provides professional services to or for a public agency, the agency may require in a professional services contract with the design professional that the design professional indemnify and hold harmless the agency, and its officers and employees, from liabilities, damages, losses, and costs , including, but not limited to , reasonable attorneys ' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. J . 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. SECTION XVIII — ENTIRETY OF AGREEMENT This writing 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. 8 F :\Engineering\Capital Projects\0399 North County Regional Park, Phase II\0399 AGR ECG-Prof Consultant Services-cjk.doc No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto . This AGREEMENT, 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 13th day of January , 2004 . ENVIRONMENTAL CONSULTANT GROUP, INC . INDIAN RIVER COUNTY, FLORIDA 150 Oxford Road, Suite 130 Fern Park, Florida 32730 By: z By: erie/00 Ree;e'lessler, President Carol i ne D . Gi n3 Chfiirman Board of County Commissioners Witnessed b L5=;; Approved by BCC 01 - 13 - 2004 Attest. t.e Z.1 . e C effrey K. Barton, Clerk of Court By: Deputy Clerk (,,Wi iam G. Collins , H, County Attorney Approved as to Form and Legal Sufficiency 1 Indian River d County Approved Date ames Chandler, Administration County Administrator Budget Legal Risk Management Department Head Division Head 9 F:\Engineering\Capital Projects\0399 North County Regional Park, Phase 11\0399 AGR ECG-Prof Consultant Services-cjk.doc JNM - 1 " � Zwwwt Wftt : 4' V rl'1 G19V LMUI041"1 = N 1t1L - l.. Vl`I .-l. L 1 � Lzf% r r . Ws A : A6PM FROt t INDIAN Ri 'VER COUNTT'v 772-/ 78939 7 P . 2 E IT "A" HQURLY FEES PAYABLE TO CONSETTANT P RSjTANT TO ER_OFESSIONAL' . OONSMAN"Y' SERVICES AGREEMENT FOR NORTH COUNTY REGIONAL FARK PHASE IN , Me 03" QX V - COMPENS T ON Tlie County agrees to pay Consultant the following hourly fees for consulting services =ndered: L Rwse Kessler $90 . 00 2 . Biologist $ 50 . 44 3 . Field Teanician $ 55000 County shall reimburse Consultant for all reasonable and necessary costs incurred as a result of performance of this contra , 1\61eage and travel shall be reui nbursed to Cunsultant pursuant to § 112 .061 Fla. Stat. (2003 ). President, Environmental Consulting Group