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HomeMy WebLinkAboutR-97-40RESOLUTION NO. R-97-40 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, SUPPLEMENTAL AGREEMENT NO. 2 BETWEEN CRA ENGINEERING, INC. AND THE CITY OF SEBASTIAN, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian entered into Contract Number 96DB-1E-10- 40-02-C06 with the Florida Department of Community Affairs to obtain Community Development Block Grant (CDBG) funding; and WHEREAS, the City of Sebastian has entered into a Master Professional Services Agreement with CRA Engineering, Inc.; and WHEREAS, the City of Sebastian desires to design and construct street lighting and improvements to Indian River Drive, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The City Manager of the City of Sebastian, Indian River County, Florida, is hereby authorized to sign, and the City Clerk to attest, on behalf of the City of Sebastian, Supplemental Agreement No.2, between CRA Engineering, Inc., and the City of Sebastian, attached hereto as Exhibit "A". Section 2. CONFLICT. conflict are hereby repealed. All resolutions or parts of resolutions in Section 3. SEVERABILiTY. in the event a court of competent jurisdiction shall hold or determine that any part of this resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall be further be assumed that the City Council would have enacted the remainder of the Resolution without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. upon final passage. EFFCTIVE DATE. This Resolution shall take effect immediately Resolutio. n was moved for adoption by Councilmember The motion was seconded by Councilmemeber and, upon being put to a vote, the vote was as follows: Mayor Walter W. Barnes Vice-Mayor Richard J. Taracka Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Resolution duly passed and adopted this day o~ 1997. c : ' O:~ran, CMC/~ ~ --._ City~rk - ::- ApPrOved as to Fo~ ~d Content: Valerie Settles City Attorney CITY OF SEBASIAN, FLORIDA Walte~ W: Barnes, 19liyor Supplemental Agreement No. 2 THIS SUPPLEMENTAL AGREEMENT made this~3 day of~[q~997 by and between the CITY OF SEBASTIAN, a municipal corporation of'the State of Florida, hereinafter referred to as "City" and CRA ENGINEERING, a corporation authorized to do business in the State of Florida, with offices located in Tallahassee, Florida, hereinafter called the "Consultant." WHEREAS, the City and the Consultant has entered into an Master Professional Services Agreement and WHEREAS, the City desires to assign specific services to be performed by the Consultant; and WHERAS, the city and the Consultant desire to reduce to writing their understanding and agreement on such professional services. IT IS, THEREFORE, AGREED as follows: I. Scope of work: The scope of work to be performed by the Consultant is described in Attachment I. 2. Compensation: The City will pay the consultant in accordance with the fees described in Attachment II. 3. All other provisions of the Master Professional Services Agreement shall remain in effect. IN WITHNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: CITY: THE CiTY OF SEBASTAIN Kathryn b~. O'Hal~°ran, CMC/AAE City Clerk Title: City ,Manager Signed, sealed and delivered in the presence of: CONSULTANT: CRA ENGINEERING, INC. Name: Name: Name: William H. Clark Title: President ATTACHMENT I OF SUPPLEN[ENTAL AGREEMENT 2 SCOPE OF WORK CRA Engineering, Inc. (the Consultant) proposes to provide engineering services necessary to complete the project. The scope generally includes planning, design, and contract administration of a pedestrian mall including sidewalk lighting and selected roadway improvements with appropriate accessory structures and drainage at Riverview Park East. The Consultant will work closely with the local officials and staff to maximize the benefits of the program. The Consultant shall coordinate with administrators throughout each phase, so project design and construction complies with all applicable regulations and schedules. The Consultant will engineer all aspects of the program. Such work will include, but not be limited to engineering design, preparation of technical specifications and construction documents, cost estimates, permit applications, and assistance in bidding an award of a construction contract. This will continue through performance of the construction contract during which the Consultant will attend construction conferences and provide construction observation, inspection and administration as directed by the City, according to the scope of services. Topographic and design survey services, geotechnical and possibly observation and inspection services, will be sub-contracted to a local finn. Progress reports to the local officials and staff will be made at appropriate times. The City of Sebastian's Citizen Advisory Task Force will be kept fully informed of the project and its progress. The services to be provided by the Consultant are as follows. TASK1 STUDY AND REPORT. The Consultant shall coordinate with the City staff and with local citizens' groups through City staff to determine an acceptable layout and arrangement to provide for sidewalk lighting and design associated with pedestrian malls. The Consultant will clarify and define the requirements for the project; determine the need for data; and produce a report containing conceptual design, cost estimates, and consideration of alternatives. This step will assure that the project is designed appropriately, according to grant requirements and local needs, with smooth coordination and communication. TASK 2 PRELIMINARY IIqVESTIGATION. The Consultant will obtain necessary information required for project design, including but not limited to soil conditions, surveying, and location of existing utilities. Investigating/survey costs will be additional, beyond our fee. TASK 3 PRELIMINARY DESIGN. The Consultant will produce preliminary plans for the City's review. TASK 4 TASK 5 TASK6 TASK7 TASK8 TASK 9 TASK 10 FINAL DESIGN. The consultant will prepare final construction plans and specifications which encompass sound engineering principles, and result in cost-effective improvements. The plans will be submitted to the City for approval. Cost estimates will be prepared during design. PUBLIC MEETINGS. The Consultant will attend public meetings as directed by the City. The Consultant will explain the project design, discuss project implementation schedule, and receive public input. PERMITTING. The Consultant will prepare and submit any permit application which may be required by local/state regulatory agencies. BID PREPARATION. The Consultant will prepare appropriate bid and contract documents for local approval after design plans have been approved. BID AND AWARD. The Consultant will advertise the project and conduct the pre-bid conferences as needed. The City Clerk will receive contractor bids, and the Bid Review Committee shall analyze the bid contents. The Consultant will be a member of the Bid Review Committee. This bid analysis and contract award recommendation will be presented to the City. CONTRACT SUPERVlSION/ADMINJ. STRATION. Following contract award, the Consultant will conduct an in-depth pre-construction conference. Conferences will be held during construction as needed between the Consultant, City personnel, and contractor personnel. The Consultant shall review Contractor pay requests, perform key inspections, review shop drawings, and issue field and change orders when necessary. PROJECT OBSERVATION. The Consultant will observe the construction on an as-needed basis, generally for a minimum of two hours a day. This provides greater assurances of a project constructed safely, on schedule, according to plans and specifications, with minimal disruption to the residents and traffic. Consultants shall furnish a Project Site Representative ("PSR"), assistants and other staff to assist Consultant in observing progress and quality of the work of the Contractor. The duties and responsibilities of the PSR are described as follows: A. General ?SR is Consultant's agent at the site, will act as directed by and under supervision of Consultant, and will confer with Consultant regarding ?SR's actions. PSR's dealings in matters pertaining to the on-site work shall in general be with Consultant and Contractor, keeping City advised as necessary. PSR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. PSR shall generally communicate with City with the knowledge of and under the direction of Consultant. B. Duties and Responsibilities of PSR 1. Schedules. Review the progress schedule, schedule of. Shop Drawing submittals, and consult with Consultant concerning acceptability. 2. Conferences and Meetings. Attend meetings with Contractor, such as pre-construction conferences, progress meetings, job conferences and other project related meetings and prepare and circulate copies of minutes thereof. Liaison. Serve as Consultant's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of Contract Documents; and assist Consultant in serving as City's liaison with Contractor when Contractor's operations affect City's on- site operations. Assist in obtaining from City additional details or information, when required for proper execution of the work. 4. Shop Drawings and Samples. a. Record date of receipt of Shop Drawings and Samples. Receive Samples, which are furnished at the site by Contractor, and notify Consultant of availability of Samples for examination. Advise Consultant and Contractor of the commencement of any work requiring a Shop Drawing or Sample if the submittal has not been approved by Consultant. 5. Review of Work, Rejection of Defective Work, Inspections and Tests. Conduct on-site observations of the Work in progress to assist Consultant in determining if the Work is proceeding in accordance with the Contract documents. Report to Consultant whenever PSR believes that any work will not produce a completed Project that conforms to the Contract documents or will prejudice the integrity of the design concept of the completed Project as a functioning' whole as indicated in the Contract Documents, or has been damaged, or does no meet the requirements of any inspection, test or approval required to be made; and advise Consultant of Work that PSR believes should be corrected or rejected should be uncovered for observation, or requires special testing inspection or approval. Verify that tests, equipment and systems start-ups and operating maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof, and observe, record and report to Consultant appropriate details relative to the test procedures and start-ups. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to Consultant. 6. Interpretation of Contract Documents. Report to Consultant when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by the Consultant. 7. Modifications Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with PSR's recommendations to Consultant. Transmit to Contractor in writing decisions as issued by Consultant. 8. Records Maintain at the job site orderly files for correspondence, repons of job conferences, Shop Drawings, Samples, reproductions of original Contract Documents, progress reports, Shop Drawing submittals received from and delivered to Contractor and other Project related documents. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the job site, weather conditions, dates relative to questions of Work Change Directives, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Consultant and the City's Community Development Department. Record names, addresses and telephone numbers of all contractors, subcontractors and major suppliers of materials and equipment. 9. Reports. Furnish to Consultant periodic reports as required of progress of Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Consult with Consultant in advance of scheduled major tests, inspections or start of important phases of the Work. Draft proposed Change Orders and Work Change Directives, obtaining backup material form Contractor and recommended to Consultant Change Orders, Work change directives and Field Orders. d. Report immediately to consultant and City the occurrence of any accident. 10. Payment Requests. Review partial and f'mal payment requests with contractor for compliance with the established procedure for their submission and forward with recommendations to Consultant, noting particularly the relationship of the payment requested to the schedule of values, work completed and materials and equipment delivered at the site, but not incorporated in the Work. 11. Certificates, Maintenance and Operation manuals. During the course of the Work, the PSR shall verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to Consultant for review and forwarding to City prior to final payment for the Work. 12. Completion. Before Consultant issues a Certificate of Substantial Completion, the PSR shall submit to Contractor a Punch List of observed items requiring completion or correction. Observe whether Contractor has performed inspections required by laws, rules, regulations, ordinances, codes or orders applicable to the Work, including but not limited to those to be performed by public agencies having jurisdiction over the Work. Conduct a final inspection in the company of consultant, City and Contractor and prepare a final Punch List of items to be completed or corrected. Observe whether all items on Final Punch List have been completed or corrected and make recommendations to Consultant concerning acceptance and issuance of the Notice of Final Acceptance of the Work 13. Availability of PSR on Site. The PSR will be on site on an as-needed but less than full-time basis, as mutually agreed by Consultant and City. C. Limitations of Authority by PSR The PSR shall not: Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items) unless authorized in writing by Consultant. 2. Exceed limitations of Consultant's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, Subcontractor, Suppliers or Contractor's Superintendent. Advise on, issue directions regarding or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advise or directions are specifically required by the Contract Documents. Advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. Authorize City to occupy the Project in whole or in part. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by Consultant. TASK 11 CLOSEOUT. The Consultant will provide final certifications and inspections as required. All engineering close-out documents will be prepared and presented to the local personnel in sufficient time to complete the project. Final as-built plans denoting all field changes shall be given to the Consultant by the Contractor. A final as~built survey to check locations and as-built elevations shall be done by a surveyor. The proposed project approach will ensure the necessary close cooperation between the City officials and staff, affected citizens, and the contractor. This is vital so that the City is assured of a good project which closes out on time with all objectives accomplished. The City will then be in a position to receive more funding under available programs. AM'ENDED ATTACItlVIENT H OF SUPPLEMENTAL AGREEMENT City shall pay Consultant for all Services rendered under in this agreement: as follows: 1.1 Basic Services. A lump sum of $10,280 for all Basic Services defined in the Agreement. The above lump sum is in accordance with the fees allowed by the Florida Department of Community Affairs as governed by the USDA Farmer's Home Administration Fee Tables I and IA. 1.2 Project Site Representative. The Project Site Representative shall be compensated for services in a lump sum not to exceed $4,219. City shall pay Consultant for Additional Services rendered in the Agreement as follows: 2.1 For Services of Consultant's subcontractors performed or furnished, including subcontractors in the disciplines of land or aerial surveying, landscape architecture, geotechnical and hydrological services, structural, mechanical and electrical engineering, architectural design, and specialized inspection services, the amount billed to Consultant therefore times a factor of 1.15. The City has the right to approve all subcontractors. 2.2 For services performed by Consultant's principals and employees as consultants for the City or witnesses in any litigation, arbitration or other legal or administrative proceeding at the rate of $400.00 per day or any portion thereof (but compensation for time spent in preparing to appear in any such litigation, arbitration or proceeding will be on the basis provided in the Master Professional Services Agreement.) Compensation for Consultant's subcontractors for such services will be on the basis provided in the Agreement. 2.3 2.4 Permit Fees charged by regulatory agencies will be paid separately by City. If the Construction Phase is extended for thirty (30) days beyond the construction contract period identified in the construction contract, City will pay for Consultant's costs based on the Hourly Billing Rates identified in the Master Professional Services Agreement or Consultant's subcontractors fee, if applicable, times a factor of 1.15 for the additional hours of project representation and engineering services required due to the construction extension. Times of Payments 3.1 Consultant shall submit monthly statements for Basic and Additional Services rendered and for Reimbursable Expenses incurred each month. The statements will be based upon Consultant's estimate of the proportion of the total services actually completed at the time of billing. City shall make prompt monthly payments in response to Consultant's monthly statements. 3.2 Consultant agrees to await payment until CDBG funds are received by City, provided City takes all reasonable steps obtain CDBG funds in a timely manner. Provisions concerning unpaid invoices are defined in the Agreement.