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HomeMy WebLinkAbout2005-008 /- Z/ - PROFESSIONAL ENVIRONMENTAL CONSULTANT SERVICES AGREEMENT FOR COUNTY ROAD 512 (PHASES 3 AND 4) IRC PROJECT NO . 9611 THIS AGREEMENT or " CONTRACT " , entered into this 4th day of rani 5jjy , 20053 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and G.K. ENVIRONMENTAL. INC . , hereinafter referred to as the CONSULTANT, WITNESSETH The COUNTY and the CONSULTANT, in consideration of their mutual covenants , herein agree with respect to the performance of professional environmental services by the CONSULTANT and the payment for those services by the COUNTY as set forth below. The CONSULTANT shall provide professional environmental, and related services to the COUNTY for the project described as Indian River County Project No . 9611 , COUNTY ROAD 512 (PHASES 3 & 4) serve as the COUNTY ' S Professional CONSULTANT representative for the project as set forth below and shall give professional environmental consultation and advice to the COUNTY during the performance of the services to be rendered hereunder. SECTION I - PROJECT LIMITS As described in Attachment "A" Monitoring Proposal . SECTION II - COUNTY OBLIGATIONS The COUNTY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement : A. Provide the CONSULTANT with a copy of all plans, surveys and information available in its files for the above location. B . The COUNTY shall assist the CONSULTANT in making provisions for the FAEngineering\Capital Projects\9611 -CR 512 Widening\9911 -AGR G.K. Environmental, Inc. .doc 1 CONSULTANT to enter upon public or private property as required for the CONSULTANT to perform his services . C . The COUNTY will provide payment directly to permitting agencies for permit applications and promptly execute all permit applications necessary to expedite the acquisition of any local, state or federal permits made necessary by the project. SECTION III - SCOPE OF SERVICES 1 . A detailed description of the scope of services is given in Exhibit "A" . 2 . 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 shall strive to complete his work on the project within the time allowed by maintaining an adequate staff in the required areas of expertise, or having the services of qualified sub-consultants , approved by the COUNTY, on the work at all times . b . The CONSULTANT will comply with all federal, state, and local laws applicable to this project. The CONSULTANT will design the project in such a manner as to be in conformance with all applicable federal, state and local laws . c . The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. d. The CONSULTANT shall report the status of this project to the Director of the Public Works Department, or his authorized agent, upon request. 3 . The services provided by the CONSULTANT shall be consistent with the Scope of Work and the conditions of the SJRWMD Permit No . 4-061 - 56415 - 1 . 4 . Any additional work required by laws, or regulations established after the date of this Agreement shall be an additional service and the COUNTY shall compensate the CONSULTANT in accordance with Section VI - Additional Work, of this Agreement . FAEngineering\Capital Projects\961 I -CR 512 Widening\9911 -AGR G.K. Environmental, Inc. .doc 2 SECTION IV - TIME FOR COMPLETION A. The CONSULTANT understands and agrees that TBAE IS OF THE ESSENCE and that the time for completion and the schedule for performance will be governed by the following : 1 . Upon receipt of the Notice to Proceed from the COUNTY, the CONSULTANT will commence work on the project, and performs tasks as outlined and required per the SJRWMD Permit No . 4-061 - 56415 - 1 . B . The CONSULTANT understands that timeliness of performance is a factor which will be evaluated in determining the award of future professional services and that failure to meet the time schedule may disqualify the CONSULTANT from award of future professional services work with the COUNTY . SECTION V — COMPENSATION The COUNTY agrees to pay and the CONSULTANT agrees to accept for services rendered pursuant to this AGREEMENT, Fee Compensation in an amount Lump Sum as established herein, unless authorized as Additional Services, the following : $449450. 00 - FORTY-FOUR THOUSAND FOUR HUNDRED FIFTY DOLLARS Also , additional services allowance of Not To Exceed $2,000.00 is authorized for Additional Services, and shall be paid on a per hour basis . The compensation above is based on the following conditions and understanding : A. The CONSULTANT certifies that the following wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of contracting, and are valid for the life of the contract. FAEngineering\Capital Projects\9611 -CR 512 Widening\9911 -AGR G.K. Environmental, Inc. .doc 3 HOURLY RATE SCHEDULE FOR ADDITIONAL SERVICE WORK PRINCIPAL ECOLOGIST $ 110 . 00/HOUR ADMINISTRATIVE ASSISTANCE $ 30 . 00/HOUR The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the contract price was increased due to inaccurate, incomplete or non-current wage rates and other factual unit costs . All such contract adjustments shall be made within one year following the end of the contract. B . Section on Reimbursable . Travel shall not be compensated unless out of state and pre-approved by the Public Works Department. Cost of Reimbursable expenses is included in Lump Sum contract price . SECTION VI - ADDITIONAL WORK In the event changes are requested by the COUNTY or extra work is imposed on the COUNTY by the demands of certain regulatory agencies after the approval by the COUNTY of this Agreement, and upon the issuance of a subsequent work order by the Director of Public Works Department, and approved by the Board of County Commissioners, said extra work may commence in accordance with the fee schedule as shown in Section V, Paragraph 1 , or a lump sum amount based on that fee schedule . SECTION VII - PARTIAL PAYMENTS The COUNTY shall make monthly payments to the CONSULTANT for all authorized work. Invoices will be submitted on forms furnished for that purpose by the CONSULTANT to the COUNTY monthly for work products delivered and expenses incurred pursuant to this Agreement. The CONSULTANT shall submit duly certified invoices in duplicate to the Director of the Public Works Department. The amount of the invoices submitted shall be the amount due for all work performed to date . The amount of the partial payment due for the work item delivered to date shall be an amount calculated in accordance with the work performed. F:\Engineering\Capital Projects\9611 -CR 512 Widening\9911 -AGR G.K. Environmental, Inc. .doc t} There shall be no retainage withheld. Invoices, shall be paid in full to the CONSULTANT . Payment of invoices shall be in accordance with the Florida Prompt Payment. Act, FS 218 . 70 et seq . SECTION VIII - 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 in the Agreement . All insurance policies shall be occurrence form not claims made policies . If an occurrence form is unavailable for a specific coverage, the County Risk Manager may give approval for claims made policy. A. Statutory Workers' Compensation and Employer's Liability are included in the same policy. The standard limit of liability as required by the Florida Worker's Compensation Law shall be insured against. Be Commercial general liability is carried in the amount of $ 1 , 000, 000 . 000 combined single limit for bodily injury and property damage . The coverages designed for a general contractor (x . c .u . coverage, broad form property damage, contractor's protective liability) are not included or required by an environmental firm. Contractual liability is included in the policy. C . Commercial automobile insurance for all owned, hired or borrowed vehicles are covered in the amount of $ 1 , 000, 000 combined single limit and $ 500,000 uninsured motorists coverage . D . Professional Liability Insurance providing coverage for negligent acts , errors , or omissions committed or alleged to have been 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 subject to the limitation regarding consequential damages described in Paragraph 5 below. If the COUNTY requests the CONSULTANT to obtain additional insurance coverage, the cost of such additional insurance not otherwise reimbursed to the CONSULTANT under this Agreement shall constitute an additional direct charge to the project. E . For specialized services not performed by the CONSULTANT, the CONSULTANT shall require each of its subcontractors to take out and maintain during the life of such subcontract work the insurance coverages set forth in Paragraphs A, B , C and D above ; provided however, the F:\Engineering\Capital Projects\9611 -CR 512 Widening\9911 -AGR G.K. Environmental, Inc. .doc 5 4 P following limits shall apply: 1 . Employer's Liability Insurance (bodily injuries) with limit of $ 100, 000 per occurrence, and Employer's Liability Insurance (occupational disease) with limits of $ 100 , 000 per person and $ 500, 000 in the aggregate . 2 . Commercial General Liability Insurance, with limits of $ 500,000 each person $ 1 ,000, 000 each occurrence for bodily injuries, and $ 1 , 000, 000 each occurrence for property damage . F . The limits under Paragraph E shall be the same for any subcontractor. G. The CONSULTANT shall furnish the COUNTY with two (2) copies of a Certificate of Insurance evidencing policies required in Paragraphs A, B , C, D, E and F above and evidencing policies of insurance required above for subcontractors . Such Certificates shall give the COUNTY at least thirty (30) days written notice in the event of cancellation of or material change in any of the policies . The Certificate of Insurance shall give a brief description of the work being performed under this Agreement. All insurance companies provided shall be companies rated at least A VII per Best's Key Rating Guide and licensed to do business in the State of Florida. Indian River County shall be named as additional insured on all Insurance Certificates as permitted by law as permitted by law . H . To the extent of the insurance benefits under the insurance policies required by this Article, or for any loss , damage or expense falling within the deductible portion of Consultants Professional Liability Insurance described in Paragraph 4 hereof, whether indemnity payment, defense costs, or otherwise, the CONSULTANT shall save the COUNTY harmless from and against all costs and losses , and all claims, demands , suits, actions, payments and judgements arising from personal injuries or otherwise, brought or recovered against the COUNTY arising out of any negligent error, or omission of the CONSULTANT, its agents, servants or employees, in execution or guarding of the work, including any and all expense, legal or otherwise, incurred by the COUNTY or its representatives in the defense of any claim or suite . FAEngineering\Capital Projects\9611 -CR 512 Widening\9911 -AGR G.K. Environmental, lnc . .doc 6 SECTION IX - OWNERSHIP OF DOCUMENTS The COUNTY acknowledges the CONSULTANT ' S documents , including electronic files, as instruments of professional service. Nevertheless, the final documents prepared under this Agreement shall become the property of the COUNTY upon completion of the services and payment in full of all monies due to the CONSULTANT . All plans, specifications, calculations, reports and other work products paid for under this contract shall be the property of the COUNTY and shall be delivered to the COUNTY at its direction . The COUNTY shall have the right to re-use drawings of the structural details in a manner consistent with law and the State of Florida Department of Professional Regulation rules. The COUNTY shall hold harmless the CONSULTANT from all claims , damages, losses , and expenses, including attorney's fees, arising out of, or resulting from any re-use of drawings on other projects . SECTION X - CERTIFICATION AGAINST CONTINGENT FEES The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT to solicit or secure this agreement and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bonafide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement. SECTION XI - PUBLIC ACCESS The COUNTY may unilaterally cancel the contract for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 , Florida Statutes, and made or received by the CONSULTANT in conjunction with the contract . FAEngineering\Capital Projects\9611 -CR 512 Widening\9911 -AGR G.K. Environmental, Inc. .doc 7 ii SECTION XII — SEVERABILITY If any portions of this Agreement shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed and enforced as if such provisions had not been included . SECTION XIII — TERMINATION The obligation to provide further services under this Agreement maybe terminated by either party upon 30 days' written notice by either party. In the event of any termination, CONSULTANT will be paid for all services rendered to the date of termination, all reimbursable expenses and termination expenses . SECTION XIV — GENERAL A. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto . B . The contact person in the COUNTY'S behalf shall be the Indian River County ENGINEER, Christopher J . Kafer, Jr. , P . E . The CONSULTANT shall take directions for the work from the Indian River County ENGINEER, exclusively, or whom the Indian River County Public Works Director might otherwise designate in writing. C . This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. [THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY] FAEngineering\Capital Projects\9611 -CR 512 Widening\9911 -AGR G .K. Environmental, Inc. .doc 8