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SEBASTIAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL FORM
Council Meeting Date: October 10, 2018
Agenda Item Title: Sebastian Roads Pavement Management Program
Recommendation: Approve a Pavement Management Program Contract with Pavement Management
Group (PMG) in the amount of $38,900, piggy -backing on a recent PMG
agreement with the City of St. Pete Beach. Authorize City Manager to execute
the appropriate documents.
Background: Sebastian lacks a comprehensive pavement condition index assessment of its
roads. Roads maintenance and upkeep is typically driven by customer complaints and subjective inspections.
While this approach benefits the roads that are worked on, this does not necessarily translate into the best and
most cost effective maintenance approach to our City's roads. Pavement performance life is greatly extended
by renovating road surfaces before they deteriorate. Roads that are falling apart require expensive repairs or
reconstruction, taking a higher portion of the City's road maintenance dollars. CPWG Engineering and
Pavement Management Group specialize in performing a detailed pavement condition analysis; and entering
that data into a computer application that will give staff the real-time ability to view the pavement condition
index for all of the City's roads, showing conditions, block by block, using PAVER Software. The PAVER
software program, supplemented by the 6 -year Plan Development report, provides an objective recommendation
as to the best and most economical approach to prioritizing road maintenance.
If Agenda Item Requires Expenditure of Funds:
Total Cost: $38,900
Amount Budgeted in Current FY $0
Amount Budgeted In FY 18-19 N/A
Source of funds: Local Option Gas Tax ($11,500); and General Fund of Roads Division ($27,400)
Administrative Services Department/CFO Review: d ►��
Attachments:
1. Cost Comparison for the St. Pete Beach Contract Pricing
2. Complete Management System Quote
3. The City of St. Pete Contract
City Manager Authorization:
Date: October 10, 2018
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ATTN: Scott Baker September 12, 2018
Public Facilities Director
City of Sebastian
1225 Main Street
Sebastian, FL 32958
SUBJECT: CITY OF SEBASTIAN PAVEMENT MANAGEMENT PROGRAM PROPOSAL
Dear Mr. Baker,
The following proposal outlines the scope of services from the CPWG Engineering and Pavement Management
Group (CPWG/PMG) team to provide the City of Sebastian with a complete Pavement Management Program for
your 150 -centerline mile street network. The following project scope and associated costs from our attached
Continuing Contract for Professional Services with St. Pete Beach has been outlined below for your review and
acceptance. Should you have any questions, please contact me to discuss at your convenience.
Piggyback Comparison
TASK FEE City of Sebastian St Pete Beach
A. PAVER Database Development and Inventory Definition
B. ASTM D6433-11 Pavement Re -Inspection
C. Digital Images (HD Video) of each Sample Location
D. GIS Linking for Pavement Condition Mapping
G. Final PCI/Condition Analysis Report
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I. PAVER® Software License (2 User)
J. 6 Year M&R Plan Development and Report
$4,500.00 $28.13 per Cl MI $30 per CL MI
$19,500.00 $121.88 per CL MI $130 per CI MI
$3,300.00 $20.63 per Cl MI $22 per Cl MI
$3,750.00 On 04
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$1,200.00HOME OF PELICAN ISLAND
"O $23.44 per Cl MI $25 per Cl MI
$1,250.00 1,200 1200
$5,400.00$5,400.0 \$795 $1,250
PROJECT PROPOSAL TOTAL $38,900.00 \$5,400 $5,400
Respectfullre developed by Colorado State University. Price on P iTc�abe Order b016 and Version 6.
Price increased for Version 7 in 2018. $1000 cost plus $200 set up.
Steve Tarte
Principal t
Cribb Philbeck Weaver Group, Inc. (CPWG)
James Golden/f Q
Principal
Pavement ManageAentup, LLC. (PMG)
Date:
Accepted By:
City of Sebastian Authorized Signature
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ATTN: Scott Baker September 12, 2018
Public Facilities Director
City of Sebastian
1225 Main Street
Sebastian, FL 32958
SUBJECT: CITY OF SEBASTIAN PAVEMENT MANAGEMENT PROGRAM PROPOSAL
Dear Mr. Baker,
The following proposal outlines the scope of services from the CPWG Engineering and Pavement Management
Group (CPWG/PMG) team to provide the City of Sebastian with a complete Pavement Management Program for
your 150 -centerline mile street network. The following project scope and associated costs from our attached
Continuing Contract for Professional Services with St. Pete Beach has been outlined below for your review and
acceptance. Should you have any questions, please contact me to discuss at your convenience.
TASK
FEE
A.
PAVER Database Development and Inventory Definition
$4,500.00
B.
ASTM D6433-11 Pavement Re -Inspection
$19,500.00
C.
Digital Images (HD Video) of each Sample Location
$3,300.00
D.
GIS Linking for Pavement Condition Mapping
$3,750.00
G.
Final PCI/Condition Analysis Report
$1,200.00
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I.
PAVER® Software License (2 User)
$1,250.00
J.
6 Year M&R Plan Development and Report
$5,400.00
PROJECT PROPOSAL TOTAL $38,900.00
Respectfully,
Steve Tarte
<.�
Principal I
Cribb Philbeck Weaver Group, Inc. (CPWG)
James Golden Aent
Principal�Pavement Manageup, LLC. (PMG)
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HOME OF PELICAN ISLAND
Purchase Order Number:
Date:
Accepted By:
City of Sebastian Authorized Signature
CITY OF SEBASTIAN PAVEMENT MANAGEMENT PROGRAM PROPOSAL
SCOPE OF SERVICES
A. Paver Database Development and Inventory Definition
CPWG/PMG will create a complete inventory of the maintained street network and enter into a licensed
copy of the PAVER pavement management system software. All streets will be split into maintenance
sections on a block by block (intersection to intersection) basis and the following fields and associated
data will be added to each section:
Street Name, Section ID, Section From, Section To, Section Length, Section Width, Section Area, Section
Surface Type, Section Curb Type, Section Number of Lanes, Section Last Construction Date, Section Rank
Classification.
S. ASTM D4333-11 Pavement Inspection
CPWG/PMG will provide an ASTM D6433-11 condition assessment for each pavement section within the
street network. This constitutes locating sample areas that are representative in condition within each
section and identifying all distress types, severity levels and quantities within each sample. CPWG/PMG
will inspect at least 10% of each section per this standard which is an industry accepted sampling
frequency.
As each distress type, severity and quantity is documented for each sample, a section Pavement Condition
Index (PCI) number is produced. This number is on a scale of 0 — 100 with 0 considered failed and 100
considered excellent. The result of the ASTM D6433 inspection process will result in a PCI score of 0-100
for each pavement section within the network, as well as a network PCI average for the local street
network.
To streamline the.PCI and condition assessment process further, CPWG/PMG has created seven (7)
condition categories. In addition to each section being assigned a PCI value, a condition categorywill also
be provided. The condition category provides for quick grouping and reporting of all pavement section
conditions, and specifically assigns correlation between pavement current condition and recommended
maintenance action.
C. Digital Images of each Sample Location (Now HD Video)
CPWG/PMG will provide HD Videos of each pavement section within your network. These videos will
provide condition assessment documentation and a visual representation between inspected PCI values
and appearance of the pavement surface. A Google Earth layerwill be created for the client with all images
and/orvideos geo referenced to their correlating pavement section. All video will be hosted and streamed
within the Google Earth application for efficiency and storage space saving since all videos will be hosted
in the cloud by CPWG/PMG and not located on the client desktop. All that is required to review the videos
of each section is the Google Earth application (free), a high-speed internet connection and the
CPWG/PMG provided Google Earth KMZ file.
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CITY OF SEBASTIAN PAVEMENT MANAGEMENT PROGRAM PROPOSAL
D. GIS Linking for Pavement Condition Mapping
Using a provided shapefile from the agency, CPWG/PMG will provide a link within the PAVER software of
all pavement management inventory and condition data to their corresponding segment with GIS. The
resulting linked GIS is a shapefile complete with all pavement management project inventory and
condition data. The deliverable is ESRI ARCGIS compatible and provides for a variety of inventory and
condition GIS based maps and reports. CPWG will provide an up to date condition map, by condition
category to the client in a viewable and printable PDF format.
In the event the client is unable to provide a street centerline shapefile, CPWG/PMG will work with the
County and any other available online resources to obtain the necessary shapefile(s) required for
completion of this task,
G. Final PCI/Condition Analysis Reports
Once the final project has been completed CPWG/PMG will provide the agency with a full final project
report complete with maintenance recommendations for each pavement section. This report will provide
an executive summary of the project and the current condition status of the Street Network. A variety of
charts/graphs and GIS views are provided within the report and a separate Excel based Inventory and PCI
report will be provided as well. The Excel Inventory and PCI report will list all inventory items for each
local street pavement section and trail section, as well as the current PCI condition and condition category.
CPWG/PMG will review and present the final report onsite.
H. Updated PAVER® Software License
CPWG/PMG will manage the PAVER® pavement management application on behalf of the client. This
provides a complete, managed and supported pavement management software. An updated license of
the PAVER® software will be procured by CPWG/PMG to satisfy software licensing and compliance with
the distributor.
The plan will include all preventive, preservation and major maintenance activities that the City currently
employs within their over maintenance strategies. Upon determining the maintenance and budgetary
needs of the street network, CPWG/PMG will work with your agency to develop a 6 -year Pavement
Management Project Plan. CPWG/PMG will identify the proper ratio of preventive, preservation and
major maintenance activities based upon annual budgetary needs, current maintenance costs and long-
CITY OF SEBASTIAN PAVEMENT MANAGEMENT PROGRAM PROPOSAL
term condition goals. The street network will be divided into zones/wards/council districts, etc. to
effectively plan and prepare projects efficiently with proper distribution throughout the City. Once
approved, all projects will be loaded into the PAVER® project planning tool and the annual condition
results can be projected over the 6 -year project plan. All projects will be provided in a spreadsheet and
GIS map format.
CITY OF ST. PETE BEACH, FLORIDA
Continuing Contract for Professional Design Services
Cribb Philbeck Weaver Group, Inc.
This is a Contract (the "Contract") entered into by and between the City of St. Pete Beach
(hereinafter "CITY") and Cribb Philbeck Weaver Group, Inc (hereinafter "CONSULTANT').
The CITY and CONSULTANT together shall be referred to as the "Parties."
WHEREAS, the CITY desires to retain the CONSULTANT to perform Continuing
Professional Design and Consulting Services for the CITY, more fully described below in the
"scope of services" section; and,
WHEREAS, the CITY desires to employ the CONSULTANT for the Continuing Professional
Design and Consulting Services and other services upon the terms and conditions hereinafter
set forth, and the CONSULTANT is desirous of performing such services upon such terms
and conditions; and,
WHEREAS, the CONSULTANT has been selected to perform these professional services
pursuant to the provisions of the "Consultants' Competitive Negotiation Act" in Section
287.055; Florida Statutes, and all applicable CITY rules, regulations and policies.
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter
contained, it is agreed by and between the parties hereto as follows:
SECTION 1— GENERAL.
1.1 The above recitals are true and correct, and incorporated as part of this Contract.
1.2 CONSULTANT shall be defined herein to include 1 all principals of the firm of,
including full time employees, professionals or otherwise, and all servants, agents,
employees and/or subconsultants retained by the CONSULTANT to perform its
obligations hereunder. Subconsultants shall be reviewed and approved by the CITY
prior to Notice to Proceed with their prospective work assignments.
1.4 "Professional services" means those services within the scope of the practice of
architecture, professional engineering, landscape architecture, or registered surveying
and mapping, as defined by the laws of the state, or those performed by any architect,
professional engineer, landscape architect, or registered surveyor and mapper in
connection with his or her professional employment or practice.
1.5 Prior to the start of any work under this Contract, the CONSULTANT will have
submitted to the CITY a detailed resume of key engineering personnel that will be
involved in performing services requested by the CITY. The CITY hereby
acknowledges its acceptance of such personnel to perform services under this Contract.
At any time hereafter that the CONSULTANT desires to change the key personnel in an
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active assignment, it shall submit the qualifications of the new personnel to the CITY
for prior approval. Key personnel shall include principals -in- charge, project managers
and project engineers. The provisions of this Section do not apply to personnel
temporarily assigned to perform service tinder this Contract for durations of one (1)
week or less.
1.6 The CONSULTANT acknowledges that the CITY has retained other consultants,
engineering and otherwise, and the coordination between said consultants and the
CONSULTANT may be necessary from time to time for the successful completion of
the Assignments. The CONSULTANT agrees to provide such coordination as
necessary within the Scope of Services.
1.7 The CONSULTANT will maintain an adequate and competent staff of professionally
qualified persons throughout the performance of this Contract to ensure acceptable and
timely completion of the Assignment.
1.8 Requirements for sealing all plans, reports and documents prepared by the
CONSULTANT shall be governed by the laws and regulations of the State of Florida
and the requirements of any regulatory agency, if required.
1.9 This Contract may be executed by the parties in counterpart originals with the same
force and effect as if fully and simultaneously executed as a single original document.
The "Effective Date" of this Contract shall be the date this Contract has been executed
by all parties.
SECTION 2 — SCOPE OF SERVICES,
2.1 The CONSULTANT shall diligently and in a professional and timely manner perform
the work included in the Scope of Services as listed generally in the Request for
Qualifications (RFQ) attached and incorporated in this Contract as Exhibit A. Unless
modified in writing by the parties hereto, duties of the CONSULTANT shall not be
construed to exceed those services specifically set forth herein.
2.2 GENERAL. The CONSULTANT agrees to perform those services described in Exhibit
A — RFQ, due date October 27, 2016, which is attached hereto and made a part hereof.
2.3 ADDITIONAL SERVICE. The CITY and the CONSULTANT agree that there may be
certain additional services required to be performed by the CONSULTANT during the
performance of the Scope of Services that cannot be defined sufficiently at the time of
execution of this Contract. Such services shall be authorized in writing as Task Orders
and shall be undertaken only under terms of formal amendments to this Contract.
2.4 TASK ORDERS. Additional services to be provided by the CONSULTANT shall be
authorized in writing as Task Orders. Task Orders to be provided shall be prepared on
the form delineated as Exhibit B - which is attached hereto and made a part hereof.
Each Task Order shall include: a detailed description of the work to be performed; a
schedule of completion (including phases) for the work authorized; and the amount and
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method of compensation. Task Orders shall be dated and serially numbered annually.
The Task Orders may contain additional instructions or provisions specific to the
authorized work for the purpose of expanding upon certain aspects of this Contract
pertinent to the work to be undertaken. Such supplemental instructions or provisions
shall not be construed as a modification of this contract.
2.5 The CITY Manager or his/her designee may authorize Task Orders for services under
this continuing contract, which are equal to or less than lifnits prescribed for Continuing
Contracts under the provision of F.S. 287.055(g) or limits set by the CITY's rules,
regulations, and policies. Professional fees under such specified Task Orders shall be
based on a written proposal from the CONSULTANT as may be requested in writing by
the CITY's designated representative, who shall process the proposal through the
appropriate departments at the CITY. A single unitary task may not be divided into
more than one task for the purpose of qualifying for authorization hereunder. Nothing in
this paragraph is intended to limit any other rights, responsibilities, and duties of the
parties under any other provision of this continuing contract.
SECTION 3 — CITY'S RIGHTS AND RESPONSIBILITIES.
The CITY shall provide the service described below in a timely fashion at no cost to the
CONSULTANT:
3.1 Furnish the CONSULTANT with existing data, records, maps, plans, specifications,
reports, fiscal data and other information that is available in the CITY's files, necessary
or useful to the CONSULTANT for the performance of the assignment. All of the
documents conveyed by the CITY shall be and remain the property of the CITY and
shall be returned to the CITY upon completion of the assignment to be performed by the
CONSULTANT.
3.2 Make CITY personnel available when required and necessary to assist the
CONSULTANT. The availability and necessity of said personnel to assist the
CONSULTANT shall be determined solely at the discretion of the CITY.
3.3 Provide access to and make provisions for the CONSULTANT to enter upon the project
lands as required for the CONSULTANT within a reasonable time, to perform surveys,
observations and other work as necessary to complete the assignment.
3.4 Examine all reports, sketches, drawings, estimates, proposals and other documents
presented by the CONSULTANT and render written decisions indicating the CITY's
approval or disapproval within a reasonable time so as not to materially delay the work
of the CONSULTANT.
3.5 Transmit instructions, relevant information and provide interpretation and definition of
CITY policies and decisions with respect to design, materials and other matters
pertinent to the work covered by this Contract.
3.6 Give prompt written notice to the CONSULTANT whenever the CITY observes, or
otherwise becomes aware of, any development that affects the scope of timing of the
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CONSULTANT's services or becomes aware of any defect or changes necessary in the
work of the CONSULTANT.
3.7 Arrange for submission of necessary permits/applications to governmental bodies as
prepared by the CONSULTANT.
3.8 Furnish approvals and permits from all governmental authorities having jurisdiction and
such approvals and consents from others as may be necessary for completion of the
assignment not covered under the assignment.
SECTION 4 — COMPENSATION.
4.1 GENERAL. Compensation to the CONSULTANT for services performed pursuant to
this Contract shall be in accordance with the following method or compensation, as
defined and indicated a the "Lump Sum Method."
The type and amount of compensation for each Task Order shall be described on the
Task Order form included in "Exhibit B."
4.2 LUMP SUM METHOD
a. Lump Sum compensation shall be the total fixed price amount payable under the
Lump Sum Method (including all payroll costs, overhead costs, other direct costs,
fees, subconsultants' and specialist costs), for the services to be provided in the
Task Order unless there is a change in the scope of the work, or other conditions
stipulated in the Task Order, and the Task Order is modified by both the CITY
and CONSULTANT to reflect the change(s) by formal amendment to this
Contract.
b. Payment to the CONSULTANT for services performed under a Task Order under
the Lump Sum Method shall be monthly in proportion to the percentage of work
completed during the month as proposed by the CONSULTANT and accepted by
the CITY.
4.3 INVOICE PROCESSING. Invoices received by the CITY will be processed for
payment within thirty (30) days of receipt of invoice. CONSULTANT will be notified
of questionable items contained in the invoices within fifteen (15) days of receipt by the
CITY with an explanation of the deficiencies. The CITY will make an effort to resolve
all questionable items contained in the CONSULTANT's invoices within thirty (30)
days of receipt of the invoices by the CITY. At the end of the thirty (30) day period, the
CITY shall pay the CONSULTANT the invoice amount less any unresolved
questionable items. Invoices are to be forwarded directly to the initiating CITY
representative.
4.4 PAYMENT IN THE EVENT OF CONTRACT TERMINANATION OR
SUSPENSION. In the event that a Task Order or this Contract is terminated or canceled,
or the CONSULTANT's services suspended on a Task Order or this Contract, prior to
completion, payment shall be made in accordance with the provisions of this Contract.
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4.5 ADDITIONAL COMPENSATION FOR CHANGE IN SCOPE OF ASSIGNMENT. If
instructed to do so by CITY, the CONSULTANT shall change or revise work that has
been performed, and if such work is not required as a result of error, omission or
negligence of the CONSULTANT, the CONSULTANT may be entitled to additional
compensation. The additional compensation shall be requested by the CONSULTANT
on a revised fee quotation proposal which must be submitted to the CITY for prior
approval. The additional compensation, if any, shall be agreed upon before
commencement of any such additional work and shall be incorporated into the
assignment by formal amendment or Task Order to this Contract.
SECTION 5 - WORK COMMENCEMENTAMPLEMENTATION
SCHEDULE/LENGTH OF CONTRACT.
5.1 WORK COMMENCEMENT. The CONSULTANT shall commence work on each
authorized Task Order within ten (10) days after receipt by the CONSULTANT of a
written Notice -To -Proceed from the CITY's Designated Representative. If the
CONSULTANT fails to commence work within the ten (10) day period, then the CITY
shall have the right to seek other firms for the Assignment, unless the delay is due to no
fault of the CONSULTANT.
5.2 IMPLEMENTATION SCHEDULE. The CONSULTANT must complete its work in
accordance with the time schedule specified in the applicable Task Order/Assignment.
In the event the work of the CONSULTANT is delayed due to no fault of the
CONSULTANT, which delays the completion of any Task Order of the Assignment, the
CONSULTANT is entitled to an appropriate extension of the contract time for the
specific Task Order. Additional compensation to the CONSULTANT will be negotiated
to the mutual agreement of the CITY and the CONSULTANT in the event such delay
causes any Task Order's costs to increase for reasons beyond CONSULTANT's control.
5.3 TERM. This Contract shall expire three (3) years after the effective date of this Contract
and may be extended for up to two (2) additional one (1) year periods, not to exceed five
(5) years maximum, upon written mutual consent of the CITY and the CONSULTANT.
5.4 CONTINUING CONTRACT. In accordance with 287.055 (g), this is a "continuing
contract" for professional services entered into in accordance with all procedures of this
act between the CITY and the CONSULTANT, whereby the CONSULTANT shall
provide professional services to the CITY for projects in which construction or
professional costs do not exceed the statutory limitations imposed. Additionally, the
CONSULTANT shall provide for work of a specified nature as outlined in Exhibit A of
this Contract as required by the CITY.
SECTION 6 - CITY'S "DESIGNATED" REPRESENTATIVE.
6.1 GENERAL. The CITY hereby designates the CITY Manager or his/her designee to
represent the CITY in all matters pertaining to and arising from the work and
performance of this contract. The CITY Manager or designee shall have the following
responsibilities:
18 ot2s
a. Examination of all reports, sketches, drawings, estimates, proposals and other
documents presented by the CONSULTANT and rendering, in writing, decisions
indicating the CITY's approval or disapproval within a reasonable time so as not
to materially delay the work of the CONSULTANT.
b. Transmission of instructions, receipt of information and interpretation and
definition of CITY policies and decisions with respect to design, materials and
other matters pertinent to the work covered by this Contract.
c. Giving prompt written notice to the CONSULTANT whenever the CITY
observes, or otherwise becomes aware of, any defects or changes necessary in the
project.
d. Following the CONSULTANT's preparation of any necessary applications to
governmental bodies, to arrange for submission of all applications.
e. When appropriate, authorizing Task Orders equal to or less than limits prescribed
for Continuing Contracts pursuant to the provisions of FS 287.055(g) and
applicable rules, regulations, r policies of the City.
SECTION 7 - CHANGES IN SCOPE.
11.1 The CITY or the CONSULTANT may request changes in the Scope of Services of a
Task Order. Such change(s), including any increase or decrease in the amount of the
CONSULTANT's compensation for any Task Order pursuant to this Contract, which
are mutually agreed upon by and between the CITY and the CONSULTANT, shall be
incorporated by written formal amendment.
SECTION 8 - TERMINATION OF CONTRACT.
8.1 TERMINATION BY CITY FOR CAUSE. The CITY may terminate this Contract for
any one or more of the following reasons:
a. If adequate progress on any phase of the assignment is not being made by the
CONSULTANT as a direct result of the CONSULTANT's failure to perform.
b. The quality of the services performed by the CONSULTANT is not in
conformance with commonly accepted design codes and standards, standards of
the CITY and the requirements of Federal and/or State regulatory agencies in
effect as of the date of this Contract, and the particular services involved are
considered by the CITY to be essential to the proper completion of any
Assignment.
C. The CONSULTANT or any employee or agent of the CONSULTANT is
indicted or has a direct charge issued against him/her for any crime arising out of
or in conjunction with any work that has been performed by the CONSULTANT.
d. The CONSULTANT becomes involved in either voluntary or involuntary
bankruptcy proceedings, or makes an assignment for the benefit of creditors.
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e. The CONSULTANT violates the Standards of Conduct provisions of this
Contract herein.
In the event of any of the causes described in this Contract, the CITY's
Designated Representative may send a certified letter to the CONSULTANT
requesting that the CONSULTANT show cause why the Contract should not be
terminated. If adequate assurances or acceptable reasons are not given to the
CITY within fifteen (15) days of the receipt by the CONSULTANT of said show
cause notice, the CITY may consider the CONSULTANT to be in default and
may immediately terminate this Contract.
8.2 TERMINATION BY CONSULTANT FOR CAUSE. The CONSULTANT may cancel
this Contract for the following reasons:
a. The CITY fails to meet its obligations and responsibilities as contained in the
sections of this Contract describing the CITY's Rights and Responsibilities.
b. The CITY fails to pay the CONSULTANT in accordance with this Contract.
c. In the event of either of the causes described in this Contract, the
CONSULTANT may send a certified letter requesting that the CITY show cause
why the Contract should not be terminated. If adequate assurances are not given
to the CONSULTANT within fifteen (15) days of the receipt by the CITY of said
show cause notice, then the CONSULTANT may consider the CITY to be in
default, and may immediately terminate this Contract.
8.3 TERMINATION BY CITY WITHOUT CAUSE. Notwithstanding any other provision
of this Contract, the CITY shall have the right at any time to terminate this Contract in
its entirety without cause, or terminate by specific Assignment without cause, provided
that ten (10) days prior written notice is given to the'CONSULTANT of the CITY's
intent to terminate. In the event that a Task Order is terminated, The CITY shall identify
the specific Task Order(s) being terminated and the specific Task Order(s) to be
continued to completion pursuant to the provisions of this Cohtract. This Contract will
remain in full force and effect as to all authorized Task Orders which are to be
continued to completion under this type of arrangement.
8.4 PAYMENT IN THE EVENT OF TERMINATION. In the event this Contract or any
Assignment is terminated or canceled prior to final completion without cause, payment
for unpaid portion of the services provided by the CONSULTANT to the date of
termination and any additional services thereafter will be determined by negotiation
between the CITY and the CONSULTANT. No amount shall be allowed for anticipated
profit on unperformed services or other work. In the event of termination for cause, the
CITY may adjust any payment to take into account any additional direct costs to be
incurred by the CITY due to such default.
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8.5 ACTION FOLLOWING TERMINATION
a. Upon receipt of notice of termination, given by either party, the terminated party
shall promptly discontinue all services and other work, unless the notice provides
otherwise.
b. In the case of the CITY terminating the CONSULTANT, the CONSULTANT
shall within ten (10) days,or any extension thereto as may be mutually agreed to,
deliver or otherwise make available to the CITY all reports, drawings, plans,
specifications and other data and documents that have been obtained or prepared
by the CONSULTANT in performing the Services under this Contract,
regardless of whether the work on such documents has been completed or is in
progress and said documents shall remain the property of the CITY.
Notwithstanding the foregoing, the CONSULTANT shall not be held liable for
the accuracy or reliability of any partially completed work delivered in
accordance with this provision.
8.6 SUSPENSION
a. The performance of the CONSULTANT's service under any provision of this
Contract may be suspended by the CITY at any time. In the event the CITY
suspends the performance of the CONSULTANT's services hereunder, the CITY
shall so notify the CONSULTANT in writing, such suspension becoming
effective upon the date of its receipt by the CONSULTANT, and CITY shall
promptly pay to the CONSULTANT all fees which have become due and
payable to the CONSULTANT to the effective date of such suspension. The
CITY shall thereafter have no further obligation for payment to the
CONSULTANT for the suspended services unless and until the CITY notifies
the CONSULTANT that the services of the CONSULTANT called for hereunder
are to be resumed. Upon receipt of written notice from the CITY that the
CONSULTANT's services hereunder are to be resumed, the CONSULTANT
shall complete the services of the CONSULTANT called for in this Contract and
the CONSULTANT shall, in that event, be entitled to payment of the remaining
unpaid compensation which becomes payable to the CONSULTANT under this
Contract, same to be payable at the times and in the number specified herein. In
no event will the compensation or any part thereof become due or payable to the
CONSULTANT under this Contract unless and until the CONSULTANT has
attained that state of work where the same would be due and payable to the
CONSULTANT under the provisions of this Contract.
b. If the aggregate time of the CITY's suspension(s) of the CONSULTANT's
Services under any Task Order of this Contract dxceeds sixty (60) days, then the
CONSULTANT and the CITY shall, upon request of the CONSULTANT, meet
to assess the services performed hereunder up to the time of such meeting, the
services remaining to be performed and the total compensation paid to the
CONSULTANT hereunder and, during such meeting, shall have the option of
negotiating a change in compensation to be paid to the CONSULTANT for the
balance of the Services to be performed hereunder. No increase in compensation
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to the CONSULTANT shall be allowed unless it is based upon clear and
convincing evidence of an increase in the CONSULTANT's costs attributable to
the aforesaid suspension(s).
SECTION 9 - CLAIMS AND DISPUTES/REMEDIES.
9.1 CLAIMS AND DISPUTES. Any claims, disputes and/or matters in question between
the parties arising out of or relating to this Contract, including claims for extra
compensation, shall be filed in writing by the aggrieved party to the other party within
forty-five (45) days of its occurrence. Should such claims not be formally submitted
within said forty-five (45) day period, the aggrieved party agrees not to make such claim
against the other parry at any time in the future. Should any claim or dispute not be
mutually resolved between the parties within sixty (60) days thereafter, the aggrieved
party shall then seek to resolve the matter in accordance with the "Remedies" provisions
of this Contract.
9.2 REMEDIES. Except as provided in Section 9.1 herein, all claims, disputes and/or
matters in question between the CITY and the CONSULTANT arising out of or relating
to this Contract, or the breach of it will be decided by Mediation if the parties hereto
mutually agree, or in a court of competent jurisdiction. Venue for any dispute or formal
litigation concerning this contract shall be in the appropriate court with territorial
jurisdiction over the City of St. Pete Beach, Florida. In the event of a dispute or
litigation, each party to such dispute or litigation shall be solely responsible for its own
attorneys' fees and costs. This contract shall not be construed for or against any party
hereto, without regard to which party is wholly or partly responsible for its drafting.
SECTION 10 - INDEMNITY AND INSURANCE
10.1 GENERAL. To the fullest extent permitted by Florida law, the CONSULTANT shall
indemnify and hold harmless the CITY 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 CONSULTANT and other persons employed or utilized by the Consultant in the
performance of the contract.
10.2 INSURANCE. The CONSULTANT will possess or obtain and continuously maintain
the following insurance coverage, from a company or companion authorized to do
business in the State of Florida, and will provide Certificates of insurance to the CITY,
evidencing such insurance, within fifteen (15) days following the CONSULTANT's
receipt of Notice to Proceed on the Assignment from the CITY. The insurance coverage
shall contain a provision, which requires that prior to any changes or material alterations
in the coverage, except aggregate coverage, thirty (30) days prior written notice will be
given to the CITY. Specific insurance requirements may include:
a. WORKER'S COMPENSATION. The CONSULTANT must provide Worker's
Compensation for all employees at the site location, and in case any work is
subcontracted, will require the Subcontractor to provide Worker's Compensation
for all of its employees.
18 or2e
b. COMMERCIAL GENERAL LIABILITY. The CONSULTANT must provide
coverage for all operations as detailed in the Scope of Services including, but not
limited to, Contractual, Products and completed Operations and Personal Injury.
The limits will be not less than $2,000,000 Combined Single Limit (CSL) or its
equivalent.
C. AUTOMOBILE LIABILITY. The CONSULTANT must provide coverage for
all owned and non -owned vehicles for limits of not less than $1,000,000 CSL or
its equivalent,
d. PROFESSIONAL LIABILITY INSURANCE. Annual Professional Liability
Insurance must be maintained with coverage in an amount as detailed in the City
of St. Pete Beach Request for Qualifications (RFQ) titled "Engineering and
Consulting Services". Said Professional Liability Insurance shall provide for all
sums which the CONSULTANT shall be obligated to pay as damages for claims
arising out of negligent performance by the CONSULTANT, or any person or
subcontractor employed by the CONSULTANT, in conjunction with this
Contract. This insurance shall also be maintained for a minimum of three (3)
years after completion of the CONSULTANT's services and/or construction and
acceptance of the facilities designed by the CONSULTANT under the scope of
this Contract including any amendment thereto.
e. CERTIFICATES OF INSURANCE. The CONSULTANT shall furnish all
Certificates of Insurance forwarded directly to the following:
City of St. Pete Beach
155 Corey Avenue
St. Pete Beach, FL 33706
with information copied to the Designated Representative identified in this
Contract. The Certificates shall clearly indicate that the CONSULTANT has
obtained insurance of the type, amount and classification required by these
provisions.
SECTION I1- NEGOTIATION DATA.
11.1 The CONSULTANT hereby certifies, covenants and warrants that accounting
documentation and supporting data which has established compensation provided for in
this Contract are accurate, complete and current as of the date of negotiation of the
compensation terms contained in this Contract. It is further agreed that the
CONSULTANT's compensation under this Contract may be adjusted to exclude any
significant sums where the CITY determines the CONSULTANT's compensation was
increased due to inaccurate or incomplete wage rates and other factual unit costs. All
such price adjustments shall be made prior to the end of this Contract. Records of costs
incurred under the terms of this Contract shall be maintained and made available to the
CITY during the period of this Contract and for five (5) years after final payment.
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11.2 Copies of these documents and records shall be furnished upon request to the CITY at
no cost. For the purpose of this Section, the end of this Contract shall be deemed to be
the date of final acceptance of the work by the CITY.
SECTION 12 - OWNER OF DOCUMENTS.
12.1 It is understood and agreed that all documents, including detailed reports, plans, original
drawings, survey field notebooks and all other data other than working papers, prepared
or obtained by the CONSULTANT in connection with its services hereunder, shall be
delivered to, or shall become the property of the CITY prior to final payment to the
CONSULTANT. The CONSULTANT shall retain reproducible copies of all
Documents for its files at Direct Reimbursable Cost. All Documents including drawings
prepared by the CONSULTANT pursuant to this Contract are instruments of service in
respect to the services described in the Assignment. Any reuse without written
verification or adaptation by the CONSULTANT for the specific purpose intended will
be at CITY's sole risk and without liability or legal exposure to the CONSULTANT;
and the CITY shall indemnify to the maximum extent permitted by law and hold
harmless the CONSULTANT from all claims, damages, losses and expenses including
attorney's and expert's fees arising out of or resulting therefrom. Any such verification
or adaptation by the CONSULTANT will entitle the CONSULTANT to further
compensation at rates to be agreed upon by the CITY and the CONSULTANT.
12.2 Any Documents given to or prepared or assembled by the CONSULTANT and its
subcontractors under this Contract shall be kept solely as property of the CITY and shal I
not be made available to any individuals or organizations without the prior written
approval of the CITY.
12.3 The CONSULTANT may maintain copies of all work performed under this Contract for
the CITY.
12.4 The CONSULTANT shall not publish any information concerning this project without
the prior written consent of the CITY.
12.5 The CONSULTANT should abide by the Florida Public Records law, more fully
described in "Exhibit C."
SECTION 13 - STANDARDS OF CONDUCT.
13.1 CONSULTANT EMPLOYEES. The CONSULTANT warrants that it has not employed
or retained any company or person, other than a bona fide employee working solely for
the CONSULTANT, to solicit or secure this Contract and that the CONSULTANT has
not paid or agreed to pay any person, company, corporation, individual or firm other
than a bona fide employee working solely for the CONSULTANT any fee, commission,
percentage, gift or any other consideration, contingent upon or resulting from the award
of making of this Contract.
13.2 CONSULTANT COMPLIANCE WITH LAWS. The CONSULTANT shall comply
with all Federal, State and local laws and ordinances in effect on the date of this
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Contract and applicable to the work or payment for work thereof, and shall not
discriminate on the grounds of race, color, religion, sex or national origin in the
performance of work under this Contract.
13.3 CONFLICT OF INTEREST. The CONSULTANT hereby certifies that no undisclosed
conflict of interest exists with respect to the present Contract, including any conflicts
that may be due to representation of other clients, other contractual relationships of the
CONSULTANT, or any interest in property which the CONSULTANT may have. The
CONSULTANT further certifies that any apparent conflict of interest that arises during
the term of the Contract will be immediately disclosed in writing to the CITY. Violation
of this Section will be considered as Justification for immediate termination of this
Contract under the provisions of Section 8.1.
13.4 REMOVAL OF EMPLOYEE. The CITY is empowered to require the CONSULTANT
to remove any employee or representative of the CONSULTANT from working on this
Assignment which the CITY determines is not satisfactorily performing his assigned
duties or is demonstrating improper conduct. The CITY,shall notify the CONSULTANT
in writing of the CITY's objections prior to the CONSULTANT's removal of any
employee or representative.
13.5 PUBLICATION. The CONSULTANT shall not publish any documents or release
information to the media without prior approval of the CITY.
SECTION 14 - ACCESS TO RECORDS/AUDIT.
14.1 RECORDS MAINTENANCE. The CONSULTANT shall maintain books, records,
documents, time and costs accounts and other evidence directly related to its
performance of services under this Contract. All time records and cost data shall be
maintained in accordance with generally accepted accounting practices. The
CONSULTANT shall also maintain the financial information and data necessary to
determine overhead rates in accordance with the requirements of Federal and State
regulatory agencies and this Contract. The CITY, or any of its duly authorized
representatives, shall have access within forty-eight (48) hours to such books, records,
documents and other evidence for inspection, audit and copying. Copying of
CONSULTANT's books, records, documents, time records and cost accounts and other
evidence shall be at the CITY's expense.
14.2 ACCESS TO RECORDS. The CONSULTANT shall maintain and allow access to the
records required under this Section for a period of five (5) years after the completion of
the services provided under this Contract and date of final payment for said services, or
date of termination of this Contract as may have been exercised under the terms of this
Contract.
SECTION 15 - CODES AND DESIGN STANDARDS.
15.1 All of the services to be performed by the CONSULTANT shall in the minimum be in
accordance with commonly accepted design codes and standards, standards of the CITY
and the requirements of any Federal and/or State regulatory agencies in effect as of the
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date of this Contract. The CONSULTANT shall be responsible for keeping appraised of
any changing codes or requirements, which requirements must be applied to the
Assignment to be performed under this Contract. Any new codes or requirements
becoming effective subsequent to the effective date of this Contract that require an
additional level of effort to be performed by the CONSULTANT beyond that covered
under the scope of this Contract shall be subject to negotiation for an increase in scope
and compensation by an amendment to this Contract.
SECTION 16 - ASSIGNABILITY
16.1 The CONSULTANT shall not sublet, assign or transfer any interest in this Contract,
without prior written approval of the CITY, provided that claims for the money due or
to become due the CONSULTANT from the CITY under this Contract may be assigned
to a bank, trust company or other financial institution without such CITY approval.
Notice of any such assignment or transfer shall be furnished promptly to the CITY.
SECTION 17 - CONTROLLING LAWS
17.1 This Contract is to be governed by the laws of the State of Florida.
SECTION 18 - FORCE MAJEURE
18.1 Neither party shall be considered in default in performance of its obligations hereunder
to the extent that performance of such obligations, or any of them, is delayed or
prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility
revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion,
any law, proclamation, regulation or ordinance or other act of government, or any act of
God or any cause whether of the same or different nature, existing or future; provided
that the cause whether or not enumerated in this Seotion is beyond the control and
without the fault or negligence of the party seeking relief under this Section.
SECTION 19 - EXTENT OF CONTRACT
19.1 This Contract, together with the RFQ titled "Engineering and Consulting Services"
(issued September 23, 2016), the proposal submitted October 27, 2016 and the Exhibits
hereinafter identified and listed in this Section 19, incorporated herein and made a part
hereof by this reference, constitute the entire Agreement between the CITY and the
CONSULTANT and supersede all prior written or oral understandings in connection
therewith. This Contract may only be amended, supplemented or modified by a formal
Amendment or Change Order to this Contract. The Exhibits supplemental to and made a
part of this Contract are as follows:
Exhibit A: Scope of Services.
Exhibit B: Task Order Form.
Exhibit C: Florida Public Records Law.
[signature page to follow] 1
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IN WITNESS WHEREOF, the Parties have executed this Contract on the day
and year set forth below.
Cribb Philbeck Weaver Group, Inc.
Signature: s. /
By: 5l7%' & Fade.
Its: feSrdfx74
Date: 1/ 0-1 17
APPROVE S TO FORM:
Andrew Dickman
City Attorney
City of St. Pete Beach:
Signature:
By: VJG�I�e SauvtdeYS
hs: CN Mavial el-,
Date: I /to I w i%
ATTEST:
(-"
Rebecca C. Haynes
City Clerk
�JcPWG
CRIBS PIIIId0.A WEi\ER GRCH:P
June 6, 2016
Mr. Ian Wade
City of St. Pete Beach
155 Corey Avenue
St. Pete Beach, FL 33706
RE: Pavement Management Re -inspection Proposal
Dear Mr. Wade,
I have put together a scope of work and quote for the re -inspection to
provide a current PCI rating of your roadways. The ASTM 6433-11
standard suggests re -inspections every two years. Our records indicate
that your last inspection date is 10/2014. Please review at your earliest
convenience and should have any questions or concerns, please feel free
to contact me at any time.
We look forward to working with you on this project. If there are any
questions, please feel free to give me a call.
Very truly yours,
CPWG, Inc.
�c
Stephen R. Tarte.
Principal
3918 N Highland Ave, Tampa, FL 33603
P: 813-361-2644 F 813223-2469
SCOPE OF WORK
FOR
CITY OF ST. PETE BEACH 2016 PAVEMENT MANAGEMENT
SERVICES
SECTION 1 — SCOPE OF WORK
1. Verify pavement inventory items within the field; update the PAVER
database as necessary.
2. Provide a re -inspection of all maintained pavement sections within the city
following ASTM standard D6433-11.
3. Provide digital images of each sample location
4. Verify all GIS links within PAVER
5. Update all necessary work history items to keep the database current.
6. Provide onsite implementation of updated files.
7. Provide a final report of findings
SECTION 2 — COST TABLE
FY 2016 CPWG PAVEMENT MANAGEMENT SERVICES PRICE LIST BY ITEM
A
DESCRIPTIONITEM ITEM
PAVER DATABASE DEVELOPMENT AND INVENTORY DEFINITION
•
$30.00
CL MI
B
ASTM D6433-11 PAVEMENT RE- INSPECTION
$130.00
CL MI
c
DIGITAL IMAGES OF EACH SAMPLE LOCATION
$22.00
CL MI
D
GIS LINK FOR PAVEMENT CONDITION MAPPING
$25.00
CL MI
E
SIDEWALK INVENTORY & INSPECTION
$75.00
CL MI
F
CURB INVENTORY & INSPECTION
$75.00
CL MI
G
FINAL PCI/CONDITION ANALYSIS REPORT
$1,200.00
LS
H
UPDATED SOFTWARE LICENSE FOR PAVER 6.5
$550.00
LS
I
PAVER 6.5 SOFTWARE/3 USER LICENSE
$795.00
LS
1
6 YEAR M&R PLAN DEVELOPMENT AND REPORT
$5,400
LS
PROPOSED PROJECT COST TABLE
ITEM
B
ITEM DESCRIPTI ON
ASTM D6433-11 PAVEMENT RE- INSPECTION
•
$130.00
QTY
38
UNIT
CL MI
TOTAL
$4,940.00
C
DIGITAL IMAGES OF EACH SAMPLE LOCATION
$22.00
38
CL MI
$836.00
G
FINAL PCI/CONDITION ANALYSIS REPORT
$1,200.00
1
LS
$1,200.00
H
UPDATED SOFTWARE LICENSE FOR PAVER 6.5
$550.00
1
LS
$550.00
PROJECT COST
$7,526.00
SECTION 3 - PROJECT TIMELINE
Once an issued PO and/or contract has been established based on this quote,
CPWG will work with the agency to determine the actual project start date based
on CPWG work schedule at the time as well as agency needs. Once established
this project shall be completed within 60 business days from the project start
date.
SECTION 4 - PROPOSAL ACCEPTANCE
CPWG proposes to furnish materials and labor, complete in accordance with the
above scope of work, and subject to conditions stated herein, for the sum of
$7,526.00 for Pavement Management Services (Items in Proposed Project cost
table above).
SECTION 5 - CONSIDERATIONS/NOTES
• It is recommended by the APWA, PAVER Technical Assistance Center,
PAVER User Community and CPWG to re -inspect the pavement network
every 2 years.
• Network level analysis inspection of 10% of the network area.
• Sample locations are referenced and selected by CPWG trained personnel.
• Sample areas range in size between (1500 sf - 4000 sf). Area is typically
the width of the section x 100' in length.
• The inspection process is manual/feet on ground and strictly adheres to
ASTM D6433-11.
• City of St. Pete Beach to provide 3 hard copy maps of maintained streets,
GIS shapefile and any electronic records deemed necessary/helpful to the
benefit of this project.
3918 N I Iighland Ace Tampa, FL 1360;
Ielephune (813) 361-2644 Fax (X13062-2 -2,' ;
CITY OF ST. PETE BEACH, FLORIDA
Continuing Contract for Professional Design Services
Cribb Philbeck Weaver Group, Inc.
This is a Contract (the "Contract") entered into by and between the City of St. Pete Beach
(hereinafter "CITY") and Cribb Philbeck Weaver Group, Inc (hereinafter "CONSULTANT").
The CITY and CONSULTANT together shall be referred to as the "Parties."
WHEREAS, the CITY desires to retain the CONSULTANT to perform Continuing
Professional Design and Consulting Services for the CITY, more fully described below in the
"scope of services" section; and,
WHEREAS, the CITY desires to employ the CONSULTANT for the Continuing Professional
Design and Consulting Services and other services upon the terms and conditions hereinafter
set forth, and the CONSULTANT is desirous of performing such services upon such terms
and conditions; and,
WHEREAS, the CONSULTANT has been selected to perform these professional services
pursuant to the provisions of the "Consultants' Competitive Negotiation Act" in Section
287.055; Florida Statutes, and all applicable CITY rules _regulations and policies.
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter
contained, it is agreed by and between the parties hereto as follows:
SECTION 1—GENERAL.
1.1 The above recitals are true and correct, and incorporated as part of this Contract.
1.2 CONSULTANT shall be defined herein to include all principals of the firm of,
including full time employees, professionals or otherwise, and all servants, agents,
employees and/or subconsultants retained by the CONSULTANT to perform its
obligations hereunder. Subconsultants shall be reviewed and approved by the CITY
prior to Notice to Proceed with their prospective work assignments.
1.4 "Professional services" means those services within the scope of the practice of
architecture, professional engineering, landscape architecture, or registered surveying
and mapping, as defined by the laws of the state, or those performed by any architect,
professional engineer, landscape architect, or registered surveyor and mapper in
connection with his or her professional employment or practice.
1.5 Prior to the start of any work under this Contract, the CONSULTANT will have
submitted to the CITY a detailed resume of key engineering personnel that will be
involved in performing services requested by the CITY. The CITY hereby
acknowledges its acceptance of such personnel to perform services under this Contract.
At any time hereafter that the CONSULTANT desires to change the key personnel in an
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active assignment, it shall submit the qualifications of the new personnel to the CITY
for prior approval. Key personnel shall include principals -in- charge, project managers
and project engineers. The provisions of this Section do not apply to personnel
temporarily assigned to perform service tinder this Contract for durations of one (1)
week or less.
1.6 The CONSULTANT acknowledges that the CITY has retained other consultants,
engineering and otherwise, and the coordination between said consultants and the
CONSULTANT may be necessary fiom time to time for the successful completion of
the Assignments. The CONSULTANT agrees to provide such coordination as
necessary within the Scope of Services.
1.7 The CONSULTANT will maintain an adequate and competent staff of professionally
qualified persons throughout the performance of this Contract to ensure acceptable and
timely completion of the Assignment.
1.8 Requirements for sealing all plans, reports and documents prepared by the
CONSULTANT shall be governed by the laws and regulations of the State of Florida
and the requirements of any regulatory agency, if required.
1.9 This Contract may be executed by the parties in counterpart originals with the same
force and effect as if fully and simultaneously executed as a single original document.
The "Effective Date" of this Contract shall be the date this Contract has been executed
by all parties.
SECTION 2 — SCOPE OF SERVICES.
2.1 The CONSULTANT shall diligently and in a professional and timely manner perform
the work included in the Scope of Services as listed generally in the Request for
Qualifications (RFQ) attached and incorporated in this Contract as Exhibit A. Unless
modified in writing by the parties hereto, duties of the CONSULTANT shall not be
construed to exceed those services specifically set forth herein.
2.2 GENERAL. The CONSULTANT agrees to perform those services described in Exhibit
A — RFQ, due date October 27, 2016, which is attached hereto and made a part hereof.
2.3 ADDITIONAL SERVICE. The CITY and the CONSULTANT agree that there may be
certain additional services required to be performed by the CONSULTANT during the
performance of the Scope of Services that cannot be defined sufficiently at the time of
execution of this Contract. Such services shall be authorized in writing as Task Orders
and shall be undertaken only under terms of formal amendments to this Contract.
2.4 TASK ORDERS. Additional services to be provided by the CONSULTANT shall be
authorized in writing as Task Orders. Task Orders to be provided shall be prepared on
the form delineated as Exhibit B - which is attached hereto and made a part hereof.
Each Task Order shall include: a detailed description of the work to be performed; a
schedule of completion (including phases) for the work authorized; and the amount and
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method of compensation. Task Orders shall be dated and serially numbered annually.
The Task Orders may contain additional instructions or provisions specific to the
authorized work for the purpose of expanding upon certain aspects of this Contract
pertinent to the work to be undertaken. Such supplemental instructions or provisions
shall not be construed as a modification of this contract.
2.5 The CITY Manager or his/her designee may authorize Task Orders for services under
this continuing contract, which are equal to or less than limits prescribed for Continuing
Contracts under the provision of F.S. 287.055(g) or limits set by the CITY's rules,
regulations, and policies. Professional fees under such specified Task Orders shall be
based on a written proposal from the CONSULTANT as may be requested in writing by
the CITY's designated representative, who shall process the proposal through the
appropriate departments at the CITY. A single unitary task may not be divided into
more than one task for the purpose of qualifying for authorization hereunder. Nothing in
this paragraph is intended to limit any other rights, responsibilities, and duties of the
parties under any other provision of this continuing contract.
SECTION 3 — CITY'S RIGHTS AND RESPONSIBILITIES.
The CITY shall provide the service described below in a timely fashion at no cost to the
CONSULTANT:
3.1 Furnish the CONSULTANT with existing data, records, maps, plans, specifications,
reports, fiscal data and other information that is available in the CITY's files, necessary
or useful to the CONSULTANT for the performance of the assignment. All of the
documents conveyed by the CITY shall be and remain the property of the CITY and
shall be returned to the CITY upon completion of the assignment to be performed by the
CONSULTANT.
3.2 Make CITY personnel available when required and necessary to assist the
CONSULTANT. The availability and necessity of said personnel to assist the
CONSULTANT shall be determined solely at the discretion of the CITY.
3.3 Provide access to and make provisions for the CONSULTANT to enter upon the project
lands as required for the CONSULTANT within a reasonable time, to perform surveys,
observations and other work as necessary to complete the assignment.
3.4 Examine all reports, sketches, drawings, estimates, proposals and other documents
presented by the CONSULTANT and render written decisions indicating the CITY's
approval or disapproval within a reasonable time so as not to materially delay the work
of the CONSULTANT.
3.5 Transmit instructions, relevant information and provide interpretation and definition of
CITY policies and decisions with respect to design, materials and other matters
pertinent to the work covered by this Contract.
3.6 Give prompt written notice to the CONSULTANT whenever the CITY observes, or
otherwise becomes aware of, any development that affects the scope of timing of the
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CONSULTANT's services or becomes aware of any defect or changes necessary in the
work of the CONSULTANT.
3.7 Arrange for submission of necessary permits/applications to governmental bodies as
prepared by the CONSULTANT.
3.8 Furnish approvals and permits from all governmental authorities having jurisdiction and
such approvals and consents from others as may be necessary for completion of the
assignment not covered under the assignment.
SECTION 4 — COMPENSATION.
4.1 GENERAL. Compensation to the CONSULTANT for services performed pursuant to
this Contract shall be in accordance with the following method or compensation, as
defined and indicated a the "Lump Sum Method."
The type and amount of compensation for each Task Order shall be described on the
Task Order form included in "Exhibit B."
4.2 LUMP SUM METHOD
a. Lump Sum compensation shall be the total fixed price amount payable under the
Lump Sum Method (including all payroll costs, overhead costs, other direct costs,
fees, subconsultants' and specialist costs), for the services to be provided in the
Task Order unless there is a change in the scope of the work, or other conditions
stipulated in the Task Order, and the Task Order is modified by both the CITY
and CONSULTANT to reflect the change(s) by formal amendment to this
Contract.
b. Payment to the CONSULTANT for services performed under a Task Order under
the Lump Sum Method shall be monthly in proportion to the percentage of work
completed during the month as proposed by the CONSULTANT and accepted by
the CITY.
4.3 INVOICE PROCESSING. Invoices received by the CITY will be processed for
payment within thirty (30) days of receipt of invoice. CONSULTANT will be notified
of questionable items contained in the invoices within fifteen (15) days of receipt by the
CITY with an explanation of the deficiencies. The CITY will make an effort to resolve
all questionable items contained in the CONSULTANT's invoices within thirty (30)
days of receipt of the invoices by the CITY. At the end of the thirty (30) day period, the
CITY shall pay the CONSULTANT the invoice amount less any unresolved
questionable items. Invoices are to be forwarded directly to the initiating CITY
representative.
4.4 PAYMENT IN THE EVENT OF CONTRACT TERMINANATION OR
SUSPENSION. In the event that a Task Order or this Contract is terminated or canceled,
or the CONSULTANT's services suspended on a Task Order or this Contract, prior to
completion, payment shall be made in accordance with the provisions of this Contract.
18 of2a
4.5 ADDITIONAL COMPENSATION FOR CHANGE IN SCOPE OF ASSIGNMENT. If
instructed to do so by CITY, the CONSULTANT shall change or revise work that has
been performed, and if such work is not required as a result of error, omission or
negligence of the CONSULTANT, the CONSULTANT may be entitled to additional
compensation. The additional compensation shall be requested by the CONSULTANT
on a revised fee quotation proposal which must be submitted to the CITY for prior
approval. The additional compensation, if any, shall be agreed upon before
commencement of any such additional work and shall be incorporated into the
assignment by formal amendment or Task Order to this Contract.
SECTION 5 - WORK COMMENCEMENTAMPLEMENTATION
SCHEDULE/LENGTH OF CONTRACT.
5.1 WORK COMMENCEMENT. The CONSULTANT shall commence work on each
authorized Task Order within ten (10) days after receipt by the CONSULTANT of a
written Notice -To -Proceed from the CITY's Designated Representative. If the
CONSULTANT fails to commence work within the ten (10) day period, then the CITY
shall have the right to seek other firms for the Assignment, unless the delay is due to no
fault of the CONSULTANT.
5.2 IMPLEMENTATION SCHEDULE. The CONSULTANT must complete its work in
accordance with the time schedule specified in the applicable Task Order/Assignment.
In the event the work of the CONSULTANT is delayed due to no fault of the
CONSULTANT, which delays the completion of any Task Order of the Assignment, the
CONSULTANT is entitled to an appropriate extension of the contract time for the
specific Task Order. Additional compensation to the CONSULTANT will be negotiated
to the mutual agreement of the CITY and the CONSULTANT in the event such delay
causes any Task Order's costs to increase for reasons beyond CONSULTANT's control.
5.3 TERM. This Contract shall expire three (3) years after the effective date of this Contract
and may be extended for up to two (2) additional one (1) year periods, not to exceed five
(5) years maximum, upon written mutual consent of the CITY and the CONSULTANT.
5.4 CONTINUING CONTRACT. In accordance with 287.055 (g), this is a "continuing
contract" for professional services entered into in accordance with all procedures of this
act between the CITY and the CONSULTANT, whereby the CONSULTANT shall
provide professional services to the CITY for projects in which construction or
professional costs do not exceed the statutory limitations imposed. Additionally, the
CONSULTANT shall provide for work of a specified nature as outlined in Exhibit A of
this Contract as required by the CITY.
SECTION 6 - CITY'S "DESIGNATED" REPRESENTATIVE.
6.1 GENERAL. The CITY hereby designates the CITY Manager or his/her designee to
represent the CITY in all matters pertaining to and arising from the work and
performance of this contract. The CITY Manager or designee shall have the following
responsibilities:
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a. Examination of all reports, sketches, drawings, estimates, proposals and other
documents presented by the CONSULTANT and rendering, in writing, decisions
indicating the CITY's approval or disapproval within a reasonable time so as not
to materially delay the work of the CONSULTANT.
b. Transmission of instructions, receipt of information and interpretation and
definition of CITY policies and decisions with respect to design, materials and
other matters pertinent to the work covered by this Contract.
c. Giving prompt written notice to the CONSULTANT whenever the CITY
observes, or otherwise becomes aware of, any defects or changes necessary in the
project.
d. Following the CONSULTANT's preparation of any necessary applications to
governmental bodies, to arrange for submission of all applications.
e. When appropriate, authorizing Task Orders equal to or less than limits prescribed
for Continuing Contracts pursuant to the provisions of FS 287.055(g) and
applicable rules, regulations, r policies of the City.
SECTION 7 - CHANGES IN SCOPE.
11.1 The CITY or the CONSULTANT may request changes in the Scope of Services of a
Task Order. Such change(s), including any increase or decrease in the amount of the
CONSULTANT's compensation for any Task Order pursuant to this Contract, which
are mutually agreed upon by and between the CITY and the CONSULTANT, shall be
incorporated by written formal amendment.
SECTION 8 - TERMINATION OF CONTRACT.
8.1 TERMINATION BY CITY FOR CAUSE. The CITY may terminate this Contract for
any one or more of the following reasons:
a. If adequate progress on any phase of the assignment is not being made by the
CONSULTANT as a direct result of the CONSULTANT's failure to perform.
b. The quality of the services performed by the CONSULTANT is not in
conformance with commonly accepted design codes and standards, standards of
the CITY and the requirements of Federal and/or State regulatory agencies in
effect as of the date of this Contract, and the particular services involved are
considered by the CITY to be essential to the proper completion of any
Assignment.
C. The CONSULTANT or any employee or agent of the CONSULTANT is
indicted or has a direct charge issued against him/her for any crime arising out of
or in conjunction with any work that has been performed by the CONSULTANT.
d. The CONSULTANT becomes involved in either voluntary or involuntary
bankruptcy proceedings, or makes an assignment for the benefit of creditors.
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e. The CONSULTANT violates the Standards of Conduct provisions of this
Contract herein.
In the event of any of the causes described in this Contract, the CITY's
Designated Representative may send a certified letter to the CONSULTANT
requesting that the CONSULTANT show cause why the Contract should not be
terminated. If adequate assurances or acceptable reasons are not given to the
CITY within fifteen (15) days of the receipt by the CONSULTANT of said show
cause notice, the CITY may consider the CONSULTANT to be in default and
may immediately terminate this Contract.
8.2 TERMINATION BY CONSULTANT FOR CAUSE. The CONSULTANT may cancel
this Contract for the following reasons:
a. The CITY fails to meet its obligations and responsibilities as contained in the
sections of this Contract describing the CITY's Rights and Responsibilities.
b. The CITY fails to pay the CONSULTANT in accordance with this Contract.
c. In the event of either of the causes described in this Contract, the
CONSULTANT may send a certified letter requesting that the CITY show cause
why the Contract should not be terminated. If adequate assurances are not given
to the CONSULTANT within fifteen (15) days of the receipt by the CITY of said
show cause notice, then the CONSULTANT may consider the CITY to be in
default, and may immediately terminate this Contract.
8.3 TERMINATION BY CITY WITHOUT CAUSE. Notwithstanding any other provision
of this Contract, the CITY shall have the right at any time to terminate this Contract in
its entirety without cause, or terminate by specific Assignment without cause, provided
that ten (10) days prior written notice is given to the'CONSULTANT of the CITY's
intent to terminate. In the event that a Task Order is terminated, The CITY shall identify
the specific Task Order(s) being terminated and the specific Task Order(s) to be
continued to completion pursuant to the provisions of this Cohtract. This Contract will
remain in full force and effect as to all authorized Task Orders which are to be
continued to completion under this type of arrangement.
8.4 PAYMENT IN THE EVENT OF TERMINATION. In the event this Contract or any
Assignment is terminated or canceled prior to final completion without cause, payment
for unpaid portion of the services provided by the CONSULTANT to the date of
termination and any additional services thereafter will be determined by negotiation
between the CITY and the CONSULTANT. No amount shall be allowed for anticipated
profit on unperformed services or other work. In the event of termination for cause, the
CITY may adjust any payment to take into account any additional direct costs to be
incurred by the CITY due to such default.
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8.5 ACTION FOLLOWING TERMINATION
a. Upon receipt of notice of termination, given by either party, the terminated party
shall promptly discontinue all services and other work, unless the notice provides
otherwise.
b. In the case of the CITY terminating the CONSULTANT, the CONSULTANT
shall within ten (10) days,or any extension thereto as may be mutually agreed to,
deliver or otherwise make available to the CITY all reports, drawings, plans,
specifications and other data and documents that have been obtained or prepared
by the CONSULTANT in performing the Services under this Contract,
regardless of whether the work on such documents has been completed or is in
progress and said documents shall remain the property of the CITY.
Notwithstanding the foregoing, the CONSULTANT shall not be held liable for
the accuracy or reliability of any partially completed work delivered in
accordance with this provision.
8.6 SUSPENSION
a. The performance of the CONSULTANT's service under any provision of this
Contract may be suspended by the CITY at any time. In the event the CITY
suspends the performance of the CONSULTANT's services hereunder, the CITY
shall so notify the CONSULTANT in writing, such suspension becoming
effective upon the date of its receipt by the CONSULTANT, and CITY shall
promptly pay to the CONSULTANT all fees which have become due and
payable to the CONSULTANT to the effective date of such suspension. The
CITY shall thereafter have no further obligation for payment to the
CONSULTANT for the suspended services unless and until the CITY notifies
the CONSULTANT that the services of the CONSULTANT called for hereunder
are to be resumed. Upon receipt of written notice from the CITY that the
CONSULTANT's services hereunder are to be resumed, the CONSULTANT
shall complete the services of the CONSULTANT called for in this Contract and
the CONSULTANT shall, in that event, be entitled to payment of the remaining
unpaid compensation which becomes payable to the CONSULTANT under this
Contract, same to be payable at the times and in the number specified herein. In
no event will the compensation or any part thereof become due or payable to the
CONSULTANT under this Contract unless and until the CONSULTANT has
attained that state of work where the same would be due and payable to the
CONSULTANT under the provisions of this Contract.
b. If the aggregate time of the CITY's suspension(s) of the CONSULTANT's
Services under any Task Order of this Contract dxceeds sixty (60) days, then the
CONSULTANT and the CITY shall, upon request of the CONSULTANT, meet
to assess the services performed hereunder up to the time of such meeting, the
services remaining to be performed and the total compensation paid to the
CONSULTANT hereunder and, during such meeting, shall have the option of
negotiating a change in compensation to be paid to the CONSULTANT for the
balance of the Services to be performed hereunder. No increase in compensation
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to the CONSULTANT shall be allowed unless it is based upon clear and
convincing evidence of an increase in the CONSULTANT's costs attributable to
the aforesaid suspension(s).
SECTION 9 - CLAIMS AND DISPUTES/REMEDIES.
9.1 CLAIMS AND DISPUTES. Any claims, disputes and/or matters in question between
the parties arising out of or relating to this Contract, including claims for extra
compensation, shall be filed in writing by the aggrieved party to the other party within
forty-five (45) days of its occurrence. Should such claims not be formally submitted
within said forty-five (45) day period, the aggrieved party agrees not to make such claim
against the other party at any time in the future. Should any claim or dispute not be
mutually resolved between the parties within sixty (60) days thereafter, the aggrieved
party shall then seek to resolve the matter in accordance with the "Remedies" provisions
of this Contract.
9.2 REMEDIES. Except as provided in Section 9.1 herein, all claims, disputes and/or
matters in question between the CITY and the CONSULTANT arising out of or relating
to this Contract, or the breach of it will be decided by Mediation if the parties hereto
mutually agree, or in a court of competent jurisdiction. Venue for any dispute or formal
litigation concerning this contract shall be in the appropriate court with territorial
jurisdiction over the City of St. Pete Beach, Florida. In the event of a dispute or
litigation, each party to such dispute or litigation shall be solely responsible for its own
attorneys' fees and costs. This contract shall not be construed for or against any party
hereto, without regard to which party is wholly or partly responsible for its drafting.
SECTION 10 - INDEMNITY AND INSURANCE
10.1 GENERAL. To the fullest extent permitted by Florida law, the CONSULTANT shall
indemnify and hold harmless the CITY 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 CONSULTANT and other persons employed or utilized by the Consultant in the
performance of the contract.
10.2 INSURANCE. The CONSULTANT will possess or obtain and continuously maintain
the following insurance coverage, from a company or companion authorized to do
business in the State of Florida, and will provide Certificates of insurance to the CITY,
evidencing such insurance, within fifteen (15) days following the CONSULTANT's
receipt of Notice to Proceed on the Assignment from the CITY. The insurance coverage
shall contain a provision, which requires that prior to any changes or material alterations
in the coverage, except aggregate coverage, thirty (30) days prior written notice will be
given to the CITY. Specific insurance requirements may include:
a. WORKER'S COMPENSATION. The CONSULTANT must provide Worker's
Compensation for all employees at the site location, and in case any work is
subcontracted, will require the Subcontractor to provide Worker's Compensation
for all of its employees.
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b. COMMERCIAL GENERAL LIABILITY. The CONSULTANT must provide
coverage for all operations as detailed in the Scope of Services including, but not
limited to, Contractual, Products and completed Operations and Personal Injury.
The limits will be not less than $2,000,000 Combined Single Limit (CSL) or its
equivalent.
c. AUTOMOBILE LIABILITY. The CONSULTANT must provide coverage for
all owned and non -owned vehicles for limits of not less than $1,000,000 CSL or
its equivalent.
d. PROFESSIONAL LIABILITY INSURANCE. Annual Professional Liability
Insurance must be maintained with coverage in an amount as detailed in the City
of St. Pete Beach Request for Qualifications (RFQ) titled "Engineering and
Consulting Services". Said Professional Liability Insurance shall provide for all
sums which the CONSULTANT shall be obligated to pay as damages for claims
arising out of negligent performance by the CONSULTANT, or any person or
subcontractor employed by the CONSULTANT, in conjunction with this
Contract. This insurance shall also be maintained for a minimum of three (3)
years after completion of the CONSULTANT's services and/or construction and
acceptance of the facilities designed by the CONSULTANT under the scope of
this Contract including any amendment thereto.
e. CERTIFICATES OF INSURANCE. The CONSULTANT shall furnish all
Certificates of Insurance forwarded directly to the following:
City of St. Pete Beach
155 Corey Avenue
St. Pete Beach, FL 33706
with information copied to the Designated Representative identified in this
Contract. The Certificates shall clearly indicate that the CONSULTANT has
obtained insurance of the type, amount and classification required by these
provisions.
SECTION I1- NEGOTIATION DATA.
11.1 The CONSULTANT hereby certifies, covenants and warrants that accounting
documentation and supporting data which has established compensation provided for in
this Contract are accurate, complete and current as of the date of negotiation of the
compensation terms contained in this Contract. It is further agreed that the
CONSULTANT's compensation under this Contract may be adjusted to exclude any
significant sums where the CITY determines the CONSULTANT's compensation was
increased due to inaccurate or incomplete wage rates and other factual unit costs. All
such price adjustments shall be made prior to the end of this Contract. Records of costs
incurred under the terms of this Contract shall be maintained and made available to the
CITY during the period of this Contract and for five (5) years after final payment.
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11.2 Copies of these documents and records shall be furnished upon request to the CITY at
no cost. For the purpose of this Section, the end of this Contract shall be deemed to be
the date of final acceptance of the work by the CITY.
SECTION 12 - OWNER OF DOCUMENTS.
12.1 It is understood and agreed that all documents, including detailed reports, plans, original
drawings, survey field notebooks and all other data other than working papers, prepared
or obtained by the CONSULTANT in connection with its services hereunder, shall be
delivered to, or shall become the property of the CITY prior to final payment to the
CONSULTANT. The CONSULTANT shall retain reproducible copies of all
Documents for its files at Direct Reimbursable Cost. All Documents including drawings
prepared by the CONSULTANT pursuant to this Contract are instruments of service in
respect to the services described in the Assignment. Any reuse without written
verification or adaptation by the CONSULTANT for the specific purpose intended will
be at CITY's sole risk and without liability or legal exposure to the CONSULTANT;
and the CITY shall indemnify to the maximum extent permitted by law and hold
harmless the CONSULTANT from all claims, damages, losses and expenses including
attorney's and expert's fees arising out of or resulting therefrom. Any such verification
or adaptation by the CONSULTANT will entitle the CONSULTANT to further
compensation at rates to be agreed upon by the CITY and the CONSULTANT.
12.2 Any Documents given to or prepared or assembled by the CONSULTANT and its
subcontractors under this Contract shall be kept solely as property of the CITY and shall
not be made available to any individuals or organizations without the prior written
approval of the CITY.
12.3 The CONSULTANT may maintain copies of all work performed under this Contract for
the CITY.
12.4 The CONSULTANT shall not publish any information concerning this project without
the prior written consent of the CITY.
12.5 The CONSULTANT should abide by the Florida Public Records law, more fully
described in "Exhibit C."
SECTION 13 - STANDARDS OF CONDUCT.
13.1 CONSULTANT EMPLOYEES. The CONSULTANT warrants that it has not employed
or retained any company or person, other than a bona fide employee working solely for
the CONSULTANT, to solicit or secure this Contract and that the CONSULTANT has
not paid or agreed to pay any person, company, corporation, individual or firm other
than a bona fide employee working solely for the CONSULTANT any fee, commission,
percentage, gift or any other consideration, contingent upon or resulting from the award
of making of this Contract.
13.2 CONSULTANT COMPLIANCE WITH LAWS. The CONSULTANT shall comply
with all Federal, State and local laws and ordinances in effect on the date of this
18 of26
Contract and applicable to the work or payment for work thereof, and shall not
discriminate on the grounds of race, color, religion, sex or national origin in the
performance of work under this Contract.
13.3 CONFLICT OF INTEREST. The CONSULTANT hereby certifies that no undisclosed
conflict of interest exists with respect to the present Contract, including any conflicts
that may be due to representation of other clients, other contractual relationships of the
CONSULTANT, or any interest in property which the CONSULTANT may have. The
CONSULTANT further certifies that any apparent conflict of interest that arises during
the term of the Contract will be immediately disclosed in writing to the CITY. Violation
of this Section will be considered as Justification for immediate termination of this
Contract under the provisions of Section 8.1.
13.4 REMOVAL OF EMPLOYEE. The CITY is empowered to require the CONSULTANT
to remove any employee or representative of the CONSULTANT from working on this
Assignment which the CITY determines is not satisfactorily performing his assigned
duties or is demonstrating improper conduct. The CITY.shall notify the CONSULTANT
in writing of the CITY's objections prior to the CONSULTANT's removal of any
employee or representative.
13.5 PUBLICATION. The CONSULTANT shall not publish any documents or release
information to the media without prior approval of the CITY.
SECTION 14 - ACCESS TO RECORDS/AUDIT.
14.1 RECORDS MAINTENANCE. The CONSULTANT shall maintain books, records,
documents, time and costs accounts and other evidence directly related to its
performance of services under this Contract. All time records and cost data shall be
maintained in accordance with generally accepted accounting practices. The
CONSULTANT shall also maintain the financial information and data necessary to
determine overhead rates in accordance with the requirements of Federal and State
regulatory agencies and this Contract. The CITY, or any of its duly authorized
representatives, shall have access within forty-eight (48) hours to such books, records,
documents and other evidence for inspection, audit and copying. Copying of
CONSULTANT's books, records, documents, time records and cost accounts and other
evidence shall be at the CITY's expense.
14.2 ACCESS TO RECORDS. The CONSULTANT shall maintain and allow access to the
records required under this Section for a period of five (5) years after the completion of
the services provided under this Contract and date of final payment for said services, or
date of termination of this Contract as may have been exercised under the terms of this
Contract.
SECTION 15 - CODES AND DESIGN STANDARDS.
15.1 All of (lie services to be performed by the CONSULTANT shall in the minimum be in
accordance with commonly accepted design codes and standards, standards of the CITY
and the requirements of any Federal and/or State regulatory agencies in effect as of the
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date of this Contract. The CONSULTANT shall be responsible for keeping appraised of
any changing codes or requirements, which requirements must be applied to the
Assignment to be performed under this Contract. Any new codes or requirements
becoming effective subsequent to the effective date of this Contract that require an
additional level of effort to be performed by the CONSULTANT beyond that covered
under the scope of this Contract shall be subject to negotiation for an increase in scope
and compensation by an amendment to this Contract.
SECTION 16 - ASSIGNABILITY
16.1 The CONSULTANT shall not sublet, assign or transfer any interest in this Contract,
without prior written approval of the CITY, provided that claims for the money due or
to become due the CONSULTANT from the CITY under this Contract may be assigned
to a bank, trust company or other financial institution without such CITY approval.
Notice of any such assignment or transfer shall be furnished promptly to the CITY.
SECTION 17 - CONTROLLING LAWS
17.1 This Contract is to be governed by the laws of the State of Florida.
SECTION 18 - FORCE MAJEURE
18.1 Neither party shall be considered in default in performance of its obligations hereunder
to the extent that performance of such obligations, or any of them, is delayed or
prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility
revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion,
any law, proclamation, regulation or ordinance or other act of government, or any act of
God or any cause whether of the same or different nature, existing or future; provided
that the cause whether or not enumerated in this Seotion is beyond the control and
without the fault or negligence of the party seeking relief under this Section.
SECTION 19 - EXTENT OF CONTRACT
19.1 This Contract, together with the RFQ titled "Engineering and Consulting Services"
(issued September 23, 2016), the proposal submitted October 27, 2016 and the Exhibits
hereinafter identified and listed in this Section 19, incorporated herein and made a part
hereof by this reference, constitute the entire Agreement between the CITY and the
CONSULTANT and supersede all prior written or oral understandings in connection
therewith. This Contract may only be amended, supplemented or modified by a formal
Amendment or Change Order to this Contract. The Exhibits supplemental to and made a
part of this Contract are as follows:
Exhibit A: Scope of Services.
Exhibit B: Task Order Form.
Exhibit C: Florida Public Records Law.
[signature page to follow
18 o128
IN WITNESS WHEREOF, the Parties have executed this Contract on the day
and year set forth below.
Cribb Philbeck Weeave�fr Group, Inc.:
Signature: V/ .1
By: Ski e, -7a—dc.
Its: tfr-i's-1 oCt%X74
Date: % I
APPROVE S TO FORM:
Andrew Dickman
City Attorney
18 of 26
City of St. Pete Beach:
Signature:
By: VJa.Ive S(X wtders
Its: " Mavlctv).e{-
Date:_1 II D f -jo 1-7
ATTEST:
Rebecca C. Haynes
City Clerk
LJ�CPWGC
June 6, 2016
Mr. Ian Wade
City of St. Pete Beach
155 Corey Avenue
St. Pete Beach, FL 33706
RE: Pavement Management Re -inspection Proposal
Dear Mr. Wade,
I have put together a scope of work and quote for the re -inspection to
provide a current PCI rating of your roadways. The ASTM 6433-11
standard suggests re -inspections every two years. Our records indicate
that your last inspection date is 10/2014. Please review at your earliest
convenience and should have any questions or concerns, please feel free
to contact me at any time.
We look forward to working with you on this project. If there are any
questions, please feel free to give me a call.
Very truly yours,
CPWG, Inc.
Stephen R. Tarte.
Principal
3918 N. Highland Ave, Tampa, FL 33603
P:813-361-2644 F:813-223-2469
SCOPE OF WORK
AgLl
CITY OF ST. PETE BEACH 2016 PAVEMENT MANAGEMENT
SERVICES
SECTION 1 — SCOPE OF WORK
1. Verify pavement inventory items within the field; update the PAVER
database as necessary.
2. Provide a re -inspection of all maintained pavement sections within the city
following ASTM standard D6433-11.
3. Provide digital images of each sample location
4. Verify all GIS links within PAVER
5. Update all necessary work history items to keep the database current.
6. Provide onsite implementation of updated files.
7. Provide a final report of findings
SECTION 2 — COST TABLE
FY 2016 CPWG PAVEMENT MANAGEMENT SERVICES PRICE LIST BY ITEM
ITEM
A
ITEM DESCRIPTION
PAVER DATABASE DEVELOPMENT AND INVENTORY DEFINITION
COST
$30.00
CL MI
B
ASTM D6433-11 PAVEMENT RE- INSPECTION
$130.00
CL MI
C
DIGITAL IMAGES OF EACH SAMPLE LOCATION
$22.00
CL MI
D
GIS LINK FOR PAVEMENT CONDITION MAPPING
$25.00
CL MI
E
SIDEWALK INVENTORY & INSPECTION
$75.00
CL MI
F
CURB INVENTORY & INSPECTION
$75.00
CL MI
G
FINAL PCI/CONDITION ANALYSIS REPORT
$1,200.00
LS
H
UPDATED SOFTWARE LICENSE FOR PAVER 6.5
$550.00
LS
I
PAVER 6.5 SOFTWARE/3 USER LICENSE
$795.00
LS
J
6 YEAR M&R PLAN DEVELOPMENT AND REPORT
$5,400
LS
PROPOSED PROJECT COST TABLE
ITEM
B
ITEM DESCRIPTION
ASTM D6433-11 PAVEMENT RE- INSPECTION
COSTQTY
$130.00
38
UNIT
CL MI
TOTAL
$4,940.00
C
DIGITAL IMAGES OF EACH SAMPLE LOCATION
$22.00
38
CL MI
$836.00
G
FINAL PCI/CONDITION ANALYSIS REPORT
$1,200.00
1
LS
$1,200.00
H
UPDATED SOFTWARE LICENSE FOR PAVER 6.5
$550.00
1
LS
$550.00
PROJECT COST
$7,526.00
SECTION 3 — PROJECT TIMELINE
Once an issued PO and/or contract has been established based on this quote,
CPWG will work with the agency to determine the actual project start date based
on CPWG work schedule at the time as well as agency needs. Once established
this project shall be completed within 60 business days from the project start
date.
SECTION 4 — PROPOSAL ACCEPTANCE
CPWG proposes to furnish materials and labor, complete in accordance with the
above scope of work, and subject to conditions stated herein, for the sum of
$7,526.00 for Pavement Management Services (Items in Proposed Project cost
table above).
SECTION 5 - CONSIDERATIONS/NOTES
• It is recommended by the APWA, PAVER Technical Assistance Center,
PAVER User Community and CPWG to re -inspect the pavement network
every 2 years.
• Network level analysis inspection of 10% of the network area.
• Sample locations are referenced and selected by CPWG trained personnel.
• Sample areas range in size between (1500 sf — 4000 sf). Area is typically
the width of the section x 100' in length.
• The inspection process is manual/feet on ground and strictly adheres to
ASTM D6433-11.
• City of St. Pete Beach to provide 3 hard copy maps of maintained streets,
GIS shapefile and any electronic records deemed necessary/helpful to the
benefit of this project.
3918 N Highland Ave Tampa, FL 33603
Telephone (813) 361-2644 Fax (8 [3) 662-2295