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HomeMy WebLinkAboutCSA -10 Construction Services Runway 5-23CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Infrastructure Consulting and Engineering, Inc. (ICE) 5500 W. Idlewild Ave Suite 115, Tampa, FL 33634 Work Authorization No: CSA - # 10 Proiect Title: Construction Services for Runway 5-23 Rehabilitation IT IS AGREED to undertake the following work in accordance with the provisions of the Infrastructure Consulting & Engineering Master Agreement entitled "Non -Exclusive Agreement for Continuing Professional Engineering Consulting Services" Dated October 27. 2021. Description of Assignment: Infrastructure Consulting and Engineering will provide professional construction engineering and inspection services for the rehabilitation of Runway 5-23 at Sebastian Municipal Airport. This scope represents the construction efforts for the administration of the contract, daily inspection, oversight of the contractor's installation, acceptability of work, and project records and closeout documents in accordance with Federal Aviation Administration grant assurance requirements. The project will include pavement milling and overlay of runway and partial connectors, new markings, installation of Runway End Identifier Lights (REILs), and replacing quartz MIRL with LED's. The selected contractor for the work is Ranger Construction. 1. Construction Administration See attached scope and fee 2. Construction Inspection See attached scope and fee 3. Contract Administration N/A 4. Vendor's Responsibility (include estimated hours, if applicable) Description Estimated Hours I 14.1 Bidding Services 76 14.2 Construction Administration 549 14.3 Construction Inspection (Resident Project Representative (RPR) 1050 14.4 Subconsultants N/A 5. Pricing Description Quantity Contracted Unit Price TOTALS 4.1 Bidding Services 1 $12,895 $12,895 14.2 Construction Administration 1 $91,580 $92.080 14.3 Construction Inspection - Straight Time 840 $124.60 $104.664 14.3 Construction Inspection - Ovedime 210 $186.90 $39,249 4.4 Quality Control Testing 1 N/A $29,830 14.4 Electncal Engineering Construction Administration 1 N/A $8,990 6. Deliverables Provided to the City (surveys, Flans, etc.) I Description I Quantity I I a. Reports, Closeout Package 1 1 Basic of Compensation/Period of Services: The above referenced description for CSA # will be performed for a lump sum fee in the amount of $287,708.00. AGREED: V R: Date: 6 - 30.13 Doug H5&recht Infrastructure Consulting & Engineering Attest: 6"_a .Z nette Williams, MMC, City Clerk CIT F SEBASTIA . iffrian-gento Interim City Manager Date: Approved as to Form and Content for Reliance by the City of Sebastian Only: Jeri fifer Cockcroft, City Attorney MUN Ri RUNWAY "5-23" REHABILITATION BIDDING SERVICES, CONSTRUCTION MANAGEMENT, AND INSPECTION SERVICES SCOPE & FEE INFRASTRUCTURE CONSULTING & ENGINEERING 5550 W. IDLEWILD AVENUE, SUITE 115, TAM PA, FL 33634 1E INFRASTRUCTURE f(ASUiM[ISF ANFRIYG EXHIBIT "A" SCOPE OF WORK FBAST" MUNICIPAL AIRPORT RUNWAY "5-23" REHABILITATION CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Project Description The City of Sebastian and the Sebastian Municipal Airport (CITY) intends to rehabilitate Runway "5-23" to improve pavement conditions and to conduct improvements to the lighting system by replacing all quartz MIRL runway edge and end lights with LED, PAPI's control panel enclosures, and Installation of new REIL's for both ends of the runway. Infrastructure Consulting and Engineering will provide construction administration and inspection services for this project at Sebastian Airport. The runway is 4,023 feet long and 75 feet wide flexible pavement runway that shows some pavement distresses including longitudinal and transverse cracks that have started raveling, some minor fatigue cracking, few depressed areas, and a localized rutting runway. The pavement Classification Number (PCN) for this runway is 6/F/B/Y/T. New pavement will allow for the correction of any deficiencies in the runway grade and provide a new pavement surface free of rutting and loose aggregate. This will extend the usable life of the existing runway pavement and provide a surface meeting or exceeding FAA grading requirements. This scope and fee for services provided by Infrastructure Consulting and Engineering (ICE) will be for Construction Grant Services, and Construction Engineering & Inspection for said project. Construction Inspection shall consist of a full time (50 hours per week) Resident Project Representative (RPR). The construction duration estimated for this project is 120 calendar days. Grant Services The consultant will prepare a grant application to the FAA after bids are received and a bid award made. During the project ICE will submit construction status reports to FAA & FDOT Upon completion ICE will submit all required project documentation to agencies. Task1. Bidding & Award Services The Consultant shall perform general coordination with the City and Bidders and will: o Maintain project FTP site. Distribute Plans and specifications to potential bidders. o Prepare for and attend the Pre -Bid Conference. o Prepare and distribute addenda as necessary. o Attend the bid opening. o Assist the City in tabulating and evaluating bids; and o Assist the City with the re -bid of the project if the City rejects the bids for any reason. This work will be performed as an additional service requiring a negotiated contract. 03/22/2023 Page A -I ofA-3 o Prepare and submit Grant Application to the FAA; and o Assist in the contract award and preparation of construction contract documents (to the FAA's requirements). 7ask2. Construction Engineering Services CONSULTANT'S Engineer will perform general coordination with the CITY, FDOT, FAA, Subconsultants, Contractor, and subcontractors. Engineer will monitor Contractor's progress, ensure Contractor's compliance with Plans and Specification during the construction phase and will: o prepare for and attend the Pre -Construction Conference and prepare meeting minutes. o Preparation of the construction management plan o review shop drawings / submittals and coordinate subconsultants' review of shop drawings; o maintain submittal log with item status updated continuously; o review pay applications, payrolls, schedules, and DBE expenditure reports; o coordinate Quality Assurance Testing; o review Quality Assurance and Quality Control test results; o make periodic site visits to monitor progress and review any issues with construction; o attend bi-weekly construction progress meetings via teleconference and prepare meeting minutes; o coordinate and/or review and respond to Requests for Information (RFIs); o make clarifications of the construction plans to the Contractor; o interpret the contract for the CITY, RPR, and Contractor, o monitor the construction schedule and the Contractor's progress; o review and prepare change orders, if necessary; o perform final inspection with CITY, RPR(s), Contractor and FAA and / or any other necessary agencies; o perform punchlist completion verification inspection with the CITY; o review record drawings prepared by the Contractor and submit them to the CITY, o review contract closeout documents submitted by the Contractor; o prepare DBE reporting form; o prepare final summation of all Quality Assurance Testing results; o prepare final closeout books for submittal to the CITY, FAA, and FDOT, and o submit final report to FAA and assist CITY with close out of grant. The CONSULTANT will manage the construction contract for the CITY and maintain project record documentation. The CONSULTANT will be an extension of the CITY, assisting the CITY and providing up to date information on the project as may be needed throughout the project duration. Management of the contract will also include preparing final project documentation including contractor warrantees, release of liens, consent of surety, and other City required forms. Closeout documents shall also include as-builts, pay requests, change orders, final project 03/22/2023 Page A-2 of A-3 quantities and costs, copies of submittals, summation of all QA testing results, photo logs, and a project narrative. Task3: Construction Inspection CONSULTANT will provide one (1) full time Resident Project Representative (RPR) for site work and overall project accountability. The RPR shall: o be on site daily to monitor the progress of the project and be able to assist the Airport Manager for the project when needed; o serve as a direct liaison between the Contractor and the Airport Manager and the Engineer; o coordinate construction activities with the Contractors / Subcontractors; o assist with the coordination and scheduling of quality assurance testing for the project; o inspect the site work to verify it is in accordance with the plans and specifications; o notify Engineer of defective work or materials and make recommendation for corrective action(s); o review progress schedules with work completed; o field verify and measure daily quantities for pay requests; o maintain daily project diary, photo log, and record drawings; o review and document siltation device inspections and recommendations; o perform Contractor's employee interviews to meet Davis -Bacon Act (29 CFR Part 5) requirements; o assist the CITY with DBE requirements; o conduct weekly progress construction meetings; and o maintain project records for submittal to the CITY and FAA. QualityAssurance Testing The CONSULTANT shall employ the services of a qualified geotechnical firm to conduct Quality Assurance testing for the project. This will include materials testing for assurance that the Contractor's methods, materials, and techniques have produced a quality finished product that will meet the requirements of the plans and specifications. These tests shall include all requirements to meet FAA, CITY or FDOT specifications including such items as asphalt placement, earthwork and base course density testing, concrete testing, and other tests as required in the contract documents. 03/22/2023 Page A-3 of A-3 CCQ ST S*1 UW SEBASTIAN MUNICIPAL AIRPORT/ CITY OF SEBAST, FLORIDA J•—'_" �"�`I RUNWAY "5-23" RE HABILITATION EXHIBITMUNICIPAL INFRASTRUCTURE AIRPORT MANHOUR AND FEE ES71MATE AL.CONSULTING & ENGINEERING FEE SUMMARY SHEET Task 1 Task 2 TOTAL Bidding & Award Construction Engineering CLASSIFICATION RATES i HOURS HOURS I Principal $250.00 7 9 $4,000.00 Sr. Project Manager $215.00 23 106 $27,735.00 Project Manager $195.00 2 94 $18,720.00 Senior Engineer $195.00 10 72 $15,990.00 Engineer $165.00 14 146 $26,400.00 Sr. Designer $135.00 2 12 $1,890.00 Designer $100.00 2 10 $1,200.00 Technician $85.00 2 48 $4,250.00 Administrative $65.00 14 52 $4,290.00 TOTAL HOURS 76 549 Total Fee $12,895.00 $91,580.00 $104,475.00 DIRECT EXPENSES $500.00 Total Fee (Lump Sum) $104,975.00 Task 3 Construction Inspection ASSIFICATION Di eo Salary Cost HOURS NOT TO EXCEED COSTS $143,913.00 S 143,913.00 S SUBCONSULTAWS (Lump Sum) Terracon (QA Testing) • $29.830.00 $29.830.00 OHMEGA (Electrical) - $8,990.00 $8,990.00 TOTAL SUBCONSULTANTS= $38,820.00 CONSTRUCTION ENGINEERING $143,795.00 CONSTRUCTION INSPECTION NOT TO EXCEED COSTS $143,913.00 'TOTAL•: 11 Page B-1 SEBASTIAN MUNICIPAL AIRPORT/ CITY OF SEBASTIAN, FLORIDA $EST_" RUNWAY "5-23" REHABILITATION EXHIBIT B INFRASTRUCTURE MUNICIPAL AIRPORT MANHOUR AND FEE ESTIMATE CONSURNG & ENGINERNG Coordinate Bidding t2 2 Prepare Pre -Bid Conference Agenda 1 12 .. Conduct Pre -Bid Conference 5 Minutes to Pre -Bid Conference t Answers to Bidders/Issue Addenda t 6 4 4 2 2 Attend Bid Opening 2 2 Review Bids for Responsiveness 1 1 4 Certified Bid Tabulation 2 2 2 --FepaTe-alRt]LnMIrF vurant M Sponsor certifications 1 2 4 Cooridnation with Owner 1 1 Total Hours: 7 23 2 10 14 2 2 2 2 7 2 7 5 2 5 2 21 4 2 8 2 8 2 9 2 14 76 Page B-2 SEBASTIAN MUNICIPAL AIRPORT/ CITY OF SEBASTIAN, FLORIDA SEBASTIAN RUNWAY "5-23" REHABILITATION EXHIBIT B INFRASTRUCTURE MUNICIPAL AIRPORT MANHOUR AND FEE ESTIMATE A.CONSULTING & ENGINEERING Task 2- Construction Engineering Item/Task Description Total Hows General Coordination with the City/Airport 2 4 4 10 Project Management 2 8 8 2 20 General Coordination with the Contractor and _ 8 8 2 18 Inspector Pre -Construction Conference Agenda 1 2 4 2 _ 9 Pre -Construction Conference 4 4 1 9 Pre -Construction Conference Minutes 1 2 2 S Review Shop Drawings/Submittals 4 4 8 24 4 44 Review Pay Applications 4 16 4 2 y 26 Review Payrolls, DBE reports, EEO reports 2 8 16 2 2 30 Review Test Results 8 16 4 28 Construction Meetings (bi-weekly via 10 10 10 10 40 teleconference) Engineer's Periodic Site Visits (6 Visits) 32 8 8 — 48 Review and Respond to RFI's 2 16 8 8 34 Prepare Change Orders 2 _ 4 4 4 14 Substantial Completion Inspection/ Punch List 1 21 items 4 4 4 8 Final Inspection 4 4 4 1 13 Prepare Record Drewaings 2 16 8 10 24 2 62 Review/ Submit Record Drawings 4 4 4 4 1 17 Review Contractor's Closeout Documents 2 2 2 24 4 2 36 Prepare DBE Reporting Form 2 4 1 7 Closeout Books 1 8 24 24 1 58 Total Hours: 9 106 549 94 72 146 12 10 48 52 Page B-3 �BASTIl� MUNICIPAL AIRPORT RUNWAY "5-23" REHABILITATION RUNWAY"5-23" REHABILITATION Task 3- Construction Inspection Budgeted Construction Duration 21 Weeks (120 days plus 4 weeks for punch list) RESIDENT INSPECTOR RATE SCHEDULE 1) DIRECT SALARY COSTS Inspector. 21 weeks @ 40 Hrs/Wk @ (Overtime) 21 weeks @ 10 Hrs/Wk @ TOTAL DIRECT SALARY: 2) LABOR X 2.8 Multiplier $44.50 per hour = $66.75 per hour = INFRASTRUCTURE INFRASTRUCTURE & ENGINEERING TOTALS $37,380 $14,018 $51,398 $143,913.00 Total Construction Inspection = $143,913.00 Page B-4 Exhibit C AOL OHMEGA The Ohmega Group, INC I Ilrilliunt March 4, 2023 Hamed Jafarian P.E. Senior Project Manager IINFRASTRUCTURE CONSULTING & ENGINEERING 5550 W. Idlewild Ave., Suite 115 Tampa, Florida 33634 Dear Doug, 25 North Market Street i Suite 300A Jacksonville, Florida 32202 T 904 807 6512 W OhmegaGroup.com Construction Phase Services for Runway 5-23 Lighting Replacement at Sebastian -Roseland Municipal Airport (X26) Proposal for Electrical Engineering Consulting Services In response to Hamed's request on March 3, 2023, and in response to your immediate needs, we are pleased to submit this proposal for electrical engineering consulting services for the subject project. Please review the scope of work for compliance with your objectives. If the scope and fee are satisfactory, please sign and return a copy of this document to OHMEGA. Receipt of this signed document from the Client will constitute a notice -to -proceed for the commencement of construction phase services under the terms of this proposal. Work will not commence without this sieved Dr000sal. I. Scope of Work Provide electrical engineering construction phase services as required for the replacement of the existing runway lighting and circuit cables. The CA scope shall include installation of new REILS and the replacement of the existing PAPI lamps. The following tasks will be performed under the terms of this proposal. A. Construction Administration Services, including: I. Attend Pre -Construction Conference 2. Response to contractor RFIs 3. Shop drawing review 4. Final inspection & punch list S. Prepare As -built record drawings II. Exclusions / Additional Services The following items are not included in the base Scope of Work: A. Airfield lighting design B. Client Changes after Final Documents • Oh ne nrilliont [Proposal 2023-13 — CA for RW 5-23 @ X26] III. Fee OHMEGA proposes to furnish the aforementioned professional consulting services in accordance with the above conditions for the sum of Eight Thousand Nine Hundred Ninety Dollars (US$ 8,990.00) for construction phase services. This proposed fee shall be valid for a period of 30 days from the date of this Agreement. After 30 days, the fee will be evaluated to compensate for direct labor cost escalations. TERMS & CONDITIONS OHMEGA (hereafter referred to as Consultant) shall perform the services outlined in this proposal letter agreement for the stated fee. IV. Additional Services Any required work not covered under the Scope of Work is not covered in this Proposal. All Additional Services incurred as a result of Client changes will be charged on an hourly basis not to exceed those indicated in the table below. Additional Services will not be performed by OHMEGA without prior written authorization from the Client. Classification Hourly Rate Principal Engineer / Project Director $ 333.10 Sr. VP / Sr. Project Manager $ 195.36 Sr. Project Manager $ 162.79 Project Engineer $ 130.22 Sr. Design Technician / CADD $ 104.71 Design Technician / CADD $ 67.02 Office Manager $ 80.39 Clerical / Admin Asst $ 58.03 V. Reimbursable Expenses All reimbursable expenses incurred during the performance of the Scope of Work will be invoiced as charged at a multiplier of I .I during the first 30 days of the invoice. After 30 days, this shall be subject to the 1.5% late payment charge as outlined in Section XII. These expenses may include reproducibles such as blueprints, copies, photographs, large format plots as well as courier, mail, etc. Reimbursable expenses include actual expenses incurred by OHMEGA directly or indirectly in connection with the project VI. Standard of Care The Consultant's services shall be performed in a manner consistent with that degree of skill and care ordinarily exercised by practicing design professional performing similar services in the same locality, at the same site and under the same or similar circumstances and conditions. The Consultant makes no other warranties, expressed or implied, with respect to the services rendered hereunder. VII. Design Professional Indemnity The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers, directors and employees (collectively, Client) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the Consultants negligent performance of professional services under this Agreement and that of its subconsultants or anyone for [Proposal 2023-13 — CA for RW 5-23 @ X26] whom the Consultant is legally liable. The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Consultant, its officers, directors, employees and subconsultants (collectively, Consultant) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the Client's negligent acts in connection with the Project and the acts of its contractors, subcontractors or consultants or anyone for whom the Client is legally liable. Neither the Client nor the Consultant shall be obligated to indemnify the other party in any manner whatsoever for the other parry's own negligence or for the negligence of others. Notwithstanding the foregoing agreement to indemnify and hold harmless, the parties expressly agree that the Consultant has no duty to defend the Client from and against any claims, causes of action, or proceedings of any kind. In no event shall the indemnification obligation extend beyond the date when the institution of legal or equitable proceedings for professional negligence would be barred by an applicable statute of repose or statute of limitations. Vill. Limitation of Liability To the fullest extent permitted by law, the total liability in the aggregate, of Consultant and Consultant's officers, directors, employees, agents, and independent professional associates, and any of them, to Client and any one claiming by, through or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to Consultant's services, the project or this Agreement, from any cause or causes whatsoever, including but not limited to, the negligence, errors, omissions, strict liability, breach of contract, misrepresentation, or breach of warranty of Consultant or Consultant's officers, directors, employees, agents, and independent professional associates, and any of them, shall not exceed the total compensation received by Consultant under this Agreement or the total sum paid on behalf of or to the Consultant by the Consultant's insurers in settlement or satisfaction of Owner's claims under the terms and conditions of Consultant's insurance policies applicable thereto, whichever is greater. IX. Third -Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or the Consultant. The Consultant's services under this Agreement are being performed solely for the Client's benefit, and no other party or entity shall have any claim against the Consultant because of this Agreement or the performance or nonperformance of services hereunder. The Client and Consultant agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this Project to carry out the intent of this provision. X. Consequential Damages Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the Client nor the Consultant, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation and any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Both the Client and the Consultant shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project XI. Termination This agreement may be terminated by either party by giving seven (7) days written notice in the event of substantial failure to perform in accordance with the terms herein by the other party through no fault 3 [Proposal 2023-13 — CA for RW 5-23 @ X26] of the party initiating the termination. If this Agreement is terminated, the Client shall pay OHMEGA for the work satisfactorily completed up to the date of termination or suspension. The Client shall provide for fair notice and opportunity to cure before termination. XII. Project Delivery Schedule The Client and Consultant are aware that many factors outside the Consultant's control may affect the Consultants ability to complete the services to be provided under this Agreement. The Consultant will perform these services with reasonable diligence and expediency consistent with sound professional practices. The Consultant shall prepare and submit for Client approval a schedule for the performance of the Consultant's services. This schedule shall include reasonable allowances for review and approval times required by the Client, performance of services by the Clients consultants, and review and approval times required by public authorities having jurisdiction over the Project. This schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character or size of the Project requested by the Client, or for delays or other causes beyond the Consultant's reasonable control. NOTICE OF DELAY If the Consultant becomes aware of delays due to time allowances for review and approval being exceeded, delay by the Contractor, the Client, the Clients consultants or any other cause beyond the control of the Consultant, which will result in the schedule for performance of the Consultant's services not being met, the Consultant shall promptly notify the Client. If the Client becomes aware of any delays or other causes that will affect the Consultant's schedule, the Client shall promptly notify the Consultant. In either event, the Consultant's schedule for performance of its services shall be equitably adjusted. XIII. Ownership of Documents All documents produced by OHMEGA under the terms of this agreement are copyrighted solely for the use on the subject project and shall remain the property of The Ohmega Group and may not be reused by the Client for any other purpose without the written approval of The Ohmega Group. Where approved by The Ohmega Group, a reuse fee shall be required prior to the authorized reuse of the design documents. XIV. Payment Schedule Final Payment shall be received no more than Thirty (30) days of the date of the invoice. In the event Payment is dependent of the Client's receipt of payment from a third party for services herein, Client may make payment to OHMEGA within the lesser of ten (10) days of receipt of payment from the third party or within forty-five (45) days of the date of the invoice. Any amounts due, but not paid when due, will bear a late payment charge of 1.5% per month for all outstanding invoices. These costs are necessary to cover the interest charges on our corporate line -of -credit and operating expenses to fulfill our financial obligations. In the event of excessive late payments, OHMEGA may exercise its right to stop work until payment is received. The Client shall be responsible for all collection fees, court fees and attorney fees as required to collect outstanding unpaid balances. XV. Entire Agreement This Agreement shall be governed by and construed according to the laws of the State of Florida. This Agreement constitutes the entire and integrated Agreement between the Client and OHMEGA and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may only be amended, supplemented, modified, or canceled by written instrument by an authorized representative of each party. 4 [Proposal 2023-13 — CA for RW 5-23 @ X26] Mark A. Morley, PE, RCDD President This is your authorization for OHMEGA to complete the Scope of Work as outlined above according to conditions of this Proposal. Acceptance Signed by: Date: Print name: When both parties sign this proposal, this instrument constitutes a legal and binding contract between the parties under the laws of the State of Florida. u N. n.�.5 %mr I silo )ooA pd.e..EA Rolm »aw T:1wm.651a • OH 1 EGA the anmogo eroup,INC I Fwr5p.1 Fn[Imr.ul.R xnlo. l'rol.a SeN.rOWin SurtD..i[n EE...]M+mg.r Fn[Irwer TaMlr4n T.eFnNix OIIk.IWeryr 11W fll)9] S." f5570 SH62 S]29) Sa]SO TOTAL O IWWW&ANG1 I A f OI I f [ q ISI I 1 I TOTALHOURS o IS 0 Z. 0 O wl I TOTAL DlS SASORf $111C6 .76 $1,915 SOLO 'M. SOM 5000 Sa.S1Af11 I OVSAHSADa 17S% WPLIMI 1 iP89,f�� Jy}y f] SM jT�pO/17{A��ptW�1��p(�(�]J. ut%t f.Qf w.a xl 1 ro.wob.AE�.Hsv.wn PAue.DHw LWF•1o'6PF:. w 1 n,� I I 1 IMe Ilee. I 1 I 10 � 1 ouu C.m I 1 .//MMit D 1 I A f>S..Vni o sloow $0.01 1 5 Icw.. o ssoM s[.MI M Ce.0 I AKTmN In elinprl 0 S300.00 f0.001 I IG. RaN1e a%µ/l.DJya'/�yrl O f[0_M 50.001 I G1rM9�Atl glry 1 4 fISAM moSI I O �I red Ill0 $059 s711.S51 UU-on d6 AAMC.8e. PRue. Drnerce.o-T.WFM I SN155 TOTALCONSTROCSION ADNIN)LTPGTION PHASI'. (I• IO) iiim.:e T L HOUMI IS a a0 O O w.00 TOTAL BASIC SERVICES $8,990.00 NMMART DIML Clt S%FSNSFS I TOTAL I HOURS I %OFRL [O%DESIGN PMSE SOLO fOM f0.00 0 M IMX DESIGN PNASfi $OM $000 i81'8 �0 ��11JJ OSEIIVICFS I�{� STRUC]ION CONINISTRATON PHASE f0M K0[169 M S 9.a1 �rlf:.00 0 f/04X 1{RMarMyyx f40[169 fM>SS IW Wf. SFENSSIANAOSEUND HlR[ mAIRgRT m,) pwldI SFB)STSAN. FLONDA GbR AY Sll HOMING RS CEHENS 1110D]3 Letter of Transmittal To: Infrastructure Consulting & Engineering Date: March 21, 2023 Attention: Harried Jafarian, P.E. (hamed.jafarian@ice-eng.com) Subject: QA Materials Testing Services Phone No.: (813) 305-0164 Project: Sebastian Airport Runway 5-23 Rehab Proposal No.: PHB231OO7 Sebastian, Florida Delivery By: ❑ Hand ❑ Regular Mail ❑ DHL ® Attached ❑ Under Separate Cover ❑ Drawings ❑ Letters ❑ Reports ® Contract/Proposal ❑ Invoice ❑ Maps ® Fax/ E Mail Please find the items listed below for the above -referenced project: Qty Unit Description 1 - - - Materials Testing Estimate (Exhibit A) 1 - - - Agreement for Services If you did not receive the items listed above or if you have any questions, please do not hesitate to contact us. Message: Harried, As requested, we will provide QA Materials Testing Services for the Sebastian Airport Runway 5-23 Rehab project in Sebastian, Florida for an estimated fee of $29,830.00. A breakdown of the estimated fee is shown in more detail in Exhibit A — Materials Testing Estimate. If you would like us to proceed, kindly sign the attached Agreement for Services and return it in its entirety. If you have any questions, please call me at (772) 343-9787. Thank you, El West Palm Beach 1225 Omar Road West Palm Beach, Florida 33405 Phone: 561.689.4299 Fax: 561.689.5955 l❑ Fort Lauderdale 3350 NW 531d Street, Suite 105 Fort Lauderdale, Florida 33309 Phone: 954.730.9114 Fax: 954.730.9115 Signed: Kimberly Roberts Project Manager �/ Port St. Lucie 645 NW Enterprise Drive, Suite 107 Port St. Lucie, Florida 34986 Phone: 772.343.9787 Fax 772.343.9404 To// Free 877-643-6832 www.terracon.com a Sarasota 8260 Vice Court, Unit B Sarasota, Florida 34240 Phone: 941.379.0621 Fax: 941.379.5061 Geotechnical — Materials Testing ^ Facilities — Environmental lrerracon MATERIALS TESTING ESTIMATE Sebastian Airport Runway 5-23 Rehab Sebastian, Florida Task 1: Field Testing Services Item No. Item Description Hours/ No. of Quantity Unit Trip Tries 1 Concrete Engineering Technician 5 12 60 Hour z - includes hrs for next day cyl pickup 0 Hour 3 Earthwork Engineering Technician 0 Hour 4 TripNehicle Charge 12 Each 5 6 7 8 Item No z 3 4 5 6 7 8 Item No. 1 z 3 4 Item No. 1 z 3 Task 2: Laboratory Testing Services Item Description No. ofUnits Quantity unit Concrete Compressive Strength Testing 4/set 12 Set Proctor (Standard or Modified) 0 Each Percent Passing the No. 200 Sieve 1/proctor 0 Each Limerock Bearing Ratio (LBR) 0 Each Rate Proposed Cost $ 65.00 $ 3,900.00 $ 65.00 $ - $ 65.00 $ - $ 75.00 $ 900.00 Sub -Total t5 4,800.00 Rate Proposed Cost $ 75.00 $ 900.00 $ 130.00 $ - $ 45.00 S $ 320.00 S 1 Sub=Total $ 900.00 Task 3: Asphalt Plant Testing Services Description Hrs/ Trip No. of Quantity Unit Rate Proposed Cost J, Asphalt Plant Technician 10 20 200 Hour $ 85.00 $ 17,000.00 TripNehicle Charge 20 Each $ 75.00 $ 1,500.00 S`ub=Total $ 18,500.00 Task 4: Coordination, Engineering 8r Reporting Services Description Quantity Unit Rate Proposed Cost Principal Engineer 10 Hour $ 185.00 $ 1,850.00 Project Manager 20 Hour $ 150.00 $ 3,000.00 Administrative Support 12 Hour $ 65.00 $ 780.00 Sub -Total $ 5,630.00 Total Estimated Cost: 1 $ 29,830.00 Terracon Consultants, Inc. 645 NW Enterprise Drive, Suite 107 Port St. Lucie, Florida 34997 Exhibit A iFrerracom- Reference Number. PHB231007 AGREEMENT FOR SERVICES This AGREEMENT is between Infrastructure Consulting & Engineering, PLLC ("Cllent") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for Client on the Sebastian Airport Runway 5-23 Rehab project ("Project"), as described in Consultant's Proposal dated 03/21/2023 ("Proposal"), including but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement). 1. Scope of Services. The scope of Consultant's services is described in the Proposal, Including but not limited to the Scope of Services section ("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. if Services include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting Its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client. at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the Invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any govemmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties. S. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries Intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory of liability, Including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project. 8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Insurance. Consultant represents that it now carries, and will continue to carry: (1) workers' compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii) commercial general liability insurance ($2,000,000 occ / $4,000,000 agg); (III) automobile liability insurance ($2,000,000 B.I. and P.D. combined single limit); (iv) umbrella liability ($5,000,000 occ / agg); and (v) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. Page 1 of 2 Rev. 11-22 iFrerracort- Reference Number. PHS231007 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Kansas law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically Included in the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and Inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's Intended purpose. Client Is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from Its responsibility for defects discovered In its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise In the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ("Affected Materials") at or near the site, and shall Immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant Is not responsible for the disposition of Affected Materials unless specifically provided In the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client's contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time Consultant believes it is in the best interests of Consultant's employees or subcontractors to do so In order to reduce the risk of exposure to unsafe site conditions. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant's pre -task planning and risk assessment processes. PURSUANT TO SECTION 558.0035 OF FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE. Client: Infrastructure Consulting & Engineering, Consultant: Terracon Consultants, Inc. PLLC By: Date: 3/21 /2023 By: Date: Name/Title: David T Youngstrom / Office Manager 1 Name/Title: Hamed Jafarlan, P.E. I Senior Project Manager Address: 645 NW Enterprise Dr Ste 107 Address: 5550 W. Idlewild Ave Suite 115 Port St Lucie, FL 34886-2261 Tampa, FL 33634 Phone: (772) 343-9787 Fax: (772) 343-8404 Phone: (813) 305-0164 Fax: Email: Dave.Youngstrom@terracon.com Email: hamed.jafarian@ice-eng.com Page 2 of 2 Rev. 11-22 a!� a >; �' stiff:! ►i,i:f, ve x y HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: July 12, 2023 Aeenda Item Title: CSA-10 Work Services Agreement with Infrastructure Consulting and Engineering, Inc. (ICE) to provide professional engineering services relative to FDOT FM451510-1-94- 01 and FAA X26-SOG-3-12-0145-021-2023, Rehabilitation of Runway 5-23 at Sebastian Municipal Airport and Authorize the City Manager to Execute the Appropriate Documents Recommendation: Staff recommends approval of a Work Authorization Form under an existing Master Agreement to Infrastructure Consulting and Development CSA-10 in the amount of $287,708.00 and provide authorization for the City Manager to execute appropriate documents. Backeround: The current Runway 05-23 Pavement Condition Index average is below 69, which falls into a "Fair" rating and is forecasted to continue deteriorating. FAA and FDOT Maintenance Policies recommend a Major Rehabilitation that will elevate the Runway surface condition to 100 rating. Infrastructure Consulting & Engineering, Inc., (ICE) is a Continuing Consulting Service Contractor for Sebastian Municipal Airport under a master agreement executed on October 27, 2021 under which these type services are contemplated. This approval will authorize ICE to oversee the project for Construction Management and Inspection Services. Monies for these services are funded in the previously approved FAA Grant covering 90% of the cost, the FDOT PTGA grant covering 5% and the City covering 5% of the cost. This Aeenda Item Reouires Exuenditure of Funds: (This Expenditure is already included in the FAA/FDOT grants previously approved) Total Budgeted Amount: $287,708.00 Total Cost: FAA 90%= $258,937.20 State 5% = $14,385.40 Local 5% = $14,385.40 Source DST Attachments: 1. Work Services Agreement CSA-10 2. Exhibit "A' Scope of Work Runway 5-23 Rehabilitation AL Administrative Services Dep ent Review: City Attorney Review: Procurement Division Review, if applicable: _ City Manager Authorization: l� Date: ,2oaJ