HomeMy WebLinkAbout2018 ContractWORK SERVICES AGREEMENT
THIS AGREEMENT made this S'' bay of November, 2018, by and between the CITY OF
SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958,
("City") and CPWG and Pavement Management Group ("Contractor."), set forth that
WHEREAS, the City desires to engage an Engineering firm that has special and unique
competence in providing Pavement Evaluation and Management experience to conduct a survey of its
network of paved roads
WHEREAS, the Contractor represents that it has such competence and experience in providing
these services; and
WHEREAS, the City in reliance on such representation has selected the Contractor in accordance
with the requirements of law; and
WHEREAS, the City and the Contractor desire to reduce to writing their understanding and
agreements on such;
IT IS, THEREFORE, AGREED as follows:
1. TERM. This Agreement shall commence on the day it is executed by both parties and the term of the
Agreement shall extend until the Project is complete.
2. AGREEMENT DOCUMENTS. The Agreement Documents (also called CONTRACT DOCUMENTS)
consist of this Work Services Agreement, CPWG and PMG Scope of Services, Change Orders, Addenda
if any, any other documents listed in the Agreement Documents, and written modifications issued after
execution of this Agreement, if any.
(a) Intent, The Specifications are an integrated part of the Contract Documents and as such
will not stand alone If used independently. The Specifications establish minimum standards of quality for
this Project. They do not purport to cover all details of performing the Work. The intent of the Agreement
Documents is to set forth requirements of performance, and standards of evaluation. It is also intended to
include all labor and materials, equipment, and transportation necessary for the proper execution of the
Work, and to require complete performance of the Work in spite of omission of specific reference to any
minor component part and to include all items necessary for the proper execution and completion of the
Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent
with the Agreement Documents and reasonably inferable from them as being necessary to produce the
intended results. All work and work products performed under this Agreement shall become the property
of the City and shall be delivered to the City in a format acceptable to the City upon request of the City or
the termination of this Agreement.
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(b) Entire and Sole Aoreement. Except as specifically stated herein, the Agreement Documents
constitute the entire agreement between the parties and supersede all other agreements, representations,
warranties, statements, promises, and understandings not specifically set forth in the Agreement
Documents. Neither parry has in any way relied, nor shall in any way rely, upon any oral or written
agreements, representations, warranties, statements, promises or understandings not specifically set forth
in the Agreement Documents.
(c) Amendments. The parties may modify this Agreement at any time by written agreement.
Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or
terminated orally, except by an instrument in writing signed by the party against which enforcement of the
change, waiver, discharge or termination is sought.
(d) Construino Terms. This Agreement shall not be construed against the party who drafted the
same, as both parties have obtained experts of their choosing to review the legal and business adequacy
of the same.
3. EMPLOYMENT OF CONTRACTOR, The Contractor hereby agrees to perform professional services
for the City using "boots on the ground' inspection(s) method(s), complimented with roving imagery in
determining/documenting road defects and PCI scores and to document and report the results of such
work according to the Scope of Services.
4. SPECIFICATIONS AND RELATED DATA, The intent of the Specifications, Work Orders and other
Contract Documents is that the Contractor furnishes all labor and materials, equipment, supervision and
transportation necessary for the proper execution of the Work unless specifically noted otherwise. The
Contractor shall do all the work described in the Specifications, Scope of Services, and other Contract
Documents and all incidental work considered necessary to substantially complete the Work ready for
use, occupancy, or operation in a manner acceptable to the City.
Any discrepancies found between the Specifications, or any errors or omissions in the
Specifications, shall be immediately reported to the City. The City shall promptly determine the validity
and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise
direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or
omissions shall be done at the Contractor's risk.
Any correction or errors or omissions in Specifications may be made by the City when such
correction is necessary for the proper fulfillment of their intention as construed by City. Where said
correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of
work to be done by the Contractor, compensation for said additional work shall be negotiated between the
parties and must be issued as a written change order before any such additional work is performed or no
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additional compensation shall be made.
The fact that specific mention of any part of work is omitted in the Specifications, whether
intentionally or otherwise, when the same usually and customarily required to complete fully such work as
is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra
compensation, but the said work must be installed or done the same as if called for by the Specifications.
All work and material usual and necessary to make the Work complete in all its parts, whether or not they
are indicated or mentioned in the Specifications, shall be furnished and executed the same as if they were
called for by the Specifications. The Contractor will not be allowed to take advantage of any errors or
omissions in the Plans and Specifications. The City will provide full information when errors or omissions
are discovered.
5. COMPENSATION. The City will pay the Contractor the not -to -exceed amount of $ 83 ,900.00 for
performance of the Work hereunder.
Compensation shall be earned according to the following Task List
a)
Database development
20%
$7,780
b)
ASTM D4333-11 Pavement Inspection
20%
$7,780
c)
Digital Images of pavement locations (HD Video)
15%
$5,835
d)
GIS Linking for Pavement Condition Mapping
15%
$5,835
e)
Final PC[/Condition Analysis Report
20%
$7,780
f)
PAVER' Software and 2-user Licenses
5%
$1,946
g)
6-Year M&R Plan Development and Report
5%
$1,945
Claims. Claims arising from changes or revisions made by the Contractor at the City's request
shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that
extra compensation Is due for work not covered herein, or in Supplemental Agreement, the Contractor
shall notify the City in writing of its intention to make claim for extra compensation before work begins on
which the claim is based. If such notification is not given and the City is not afforded by the Contractor a
method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives
its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not
notified as described above. The Contractor may refuse to perform additional work requested by the City
until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that
the City has kept account of the costs as aforesaid shall not in any way be construed as proving the
validity of the claim.
6. RELEASES. When it is determined, as a result of a joint inspection of the Work by the Contractor,
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City, and Project Manager that the Work has been completed in accordance with the terms of the Contract
Documents, the Project Manager shall certify completion of the Work to the City. At that time, the
Contractor may submit the Contractor's final request for payment. Prior to final payment, the Contractor
shall execute and deliver to the City a Contractor's Affidavit and Release of Claim for all claims against the
City arising under or by virtue of the work order. Also, each request for payment must have a Claimant's
Sworn Statement of Account, executed by the supplier or subcontractor, attached from each supplier or
subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the
Contractor's Affidavit and Release of Claim as an unpaid potential Claimant.
7. PROJECT SCHEDULES. The Contractor shall perform the services outlined under Paragraph 3 of
this Agreement in such a manner to complete the project by January 1, 2019,or as mutually agreed
upon by the City and the Contractor. No extension of time shall be valid unless given in writing by the City.
No monetary compensation shall be given for such delay.
A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor
to an extension of time in which to complete the Work as determined by the City provided, however, the
Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day"
extensions shall be granted upon written request of the Contractor to the City's Project Manager when
said Project Manager determines that weather conditions make it counterproductive to work on said days.
"Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative
"rain day" extensions granted shall be processed as a Change Order with each pay submittal.
The City shall have the authority to suspend the Work wholly or in part, for such periods as may
be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor.
In the event that the Project Manager shall become aware of any condition which may be cause for
suspension of the Work, the Project Manager shall immediately advise the City of such condition. The
Contractor shall not suspend operations under the provisions of this Paragraph without the City's
permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of
time to complete the Work for as many calendar days as the Work was suspended; except, however, that
the Contractor will not be granted an extension of time to complete the Work if the suspension was
caused by a fault of the Contractor.
8. TERMINATION OF CONTRACT WITHOUT CAUSE. This Agreement may be terminated by the City
without cause provided at least five (5) days written notice of such termination shall be given to the
Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for
greater than thirty days, the Contractor shall be compensated for services rendered up to the time of such
termination on a quantum merlt basis and any work done by the Contractor shall remain the property of
the City.
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9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done shall be subject
to the review of the Project Manager and City. Any and all technical questions which may arise as to the
quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of
Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the
Contractor shall be referred to the Project Manager who will resolve such questions.
All materials and each part or detail of the Work shall be subject at all times to review by the
Project Manager and the City. Such review may Include any materials furnished under the Specifications.
The Project Manager and the City shall be allowed access to all parts of the Work and shall be furnished
with such information and assistance by the Contractor as is required to make a complete and detailed
review. The City shall not be responsible for the acts or omissions of the Contractor.
10. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best
skill and attention. Contractor shall be solely responsible for and have control over data collection means,
methods, techniques, sequences and procedures and for coordinating all portions of the Work under this
Contract, unless the Contract Documents give other specific instructions concerning these matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor,
materials, tools, equipment and machinery, utilities, transportation, and other facilities and services
necessary for the proper execution and completion of the Work, whether temporary or permanent and
whether or not Incorporated or to be incorporated in the Work.
Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and
other similar taxes.
Contractor currently holds and shall maintain at all times during the term of this Contract all
required federal, state and local and professional licenses necessary to perform the Work required under
the Contract Documents.
11. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub -
Contractors required for services which are necessary as described under Exhibit "A" of this Agreement.
All services described under Exhibit "A" of this Agreement shall be performed by the Contractor or sub -
Contractor and all persons engaged in work under the Agreement shall be qualified to perform such
services and authorized under federal, state and local laws to perform such services. Personnel who
perform services under this Agreement shall not be employees of the City.
All workmen must have sufficient knowledge, skill and experience to perform properly the work
assigned to them. Any foreman or inspector employed by the Contractor or subcontractors who, in the
opinion of the City does not perform his work in a skillful manner, or appears to be incompetent or to act in
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a disordedy or intemperate manner shall, at the written request of the City, be discharged immediately and
shall not be employed again in any portion of the Work without the approval of the City.
The Contractor shall at all times be responsible for the conduct and discipline of his employees
and/or any subcontractor or persons employed by subcontractors.
12. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall be responsible for initiating,
maintaining and supervising all safety precautions and programs in connection with the Work in
accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the
State of Florida. This Contract requires that the Contractor and any and all subcontractors hired by the
Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply
with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines
andtor court costs arising from penalties charged to the City for violations of OSHA committed by the
Contractor or any and all subcontractors.
The Contractor shall take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other
persons who may be affected thereby; all the work materials and equipment to be incorporated therein,
whether in storage on or off the project site, under the care, custody or control of the Contractor or any of
his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
The Contractor shall be held fully responsible for the safety and protection of its personnel.
13. CONTRACTOR'S RESPONSIBILITY FOR WORK. Until acceptance of the Work by the City, it shall
be under the charge and care of the Contractor, and he shall take every necessary precaution against
injury or damage to the Work from any other cause whatsoever.
14. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in the work
orders or this Agreement and shall not transfer any interest in the same without the prior written consent of
the City. Any sub -contracts or other work which is performed by persons or firms other than the
Contractor under this Agreement or any work orders shall have prior written approval of the City Manager.
Any subcontracts or outside associates or Contractors required by the Contractor In connection with
services covered by this Agreement or any work orders must be specifically approved by the City
Manager.
15. INDEMNIFICATION. The Contractor shall indemnify and save harmless the City, its agents,
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subcontractors, servants, and employees from and against claims, liability, losses, or causes of action to
the extent arising from any misconduct, negligent act, or omission of the Contractor, its agents, servants
or employees in the performance of services under this contract.
16. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and
regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to
any known law or regulation pertaining to furnishing services under this Agreement shall constitute a
material breach of this Agreement.
17. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement
shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement.
18. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue
for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties
hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute
arising hereunder..
19. CONSTRUING PROVISIONS. This Agreement shall not be construed against the party who drafted
the same, as both parties have obtained experts of their choosing to review the legal and business
adequacy of the same.
20. SOVEREIGN IMMUNITY
Nothing is this RFP shall be construed to affect in any way the City s sovereign immunity as provided by
law as set forth in Florida Statute 768.28.
21. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to the limits as set
forth below and maintain said insurance during the life of this agreement:
(a) Workers' Compensation - Contractor shall purchase workers' compensation
insurance as required by law.
(b) Commercial General Liabilitv - Contractor shall purchase Commercial General Liability
insurance with a combined single limit of at least $1,000,000.
(c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability insurance
with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations for the
Work paid for by the City but not yet accepted.
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The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The
Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of
their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that
all sub -contractors have full insurance coverage as stated above.
The Contractor shall not commence the Work under this contract until he has obtained all the
insurance required under this paragraph and certificates of such insurance have been submitted to the
City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all
insurance required has been so obtained and approved by the City. The Contractor shall carry and
maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him
and any subcontractor performing work under this Contract, or the City, from all claims and liability for
damages for bodily injury, including accidental death, under this Contract, whether by himself or by any
subcontractor or by any one directly or indirectly employed by either of them.
The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of
insurance, naming the City as an additional insured party, prior to the start of construction as provided in
the Contract.
21. PUBLIC RECORDS FORM
Contract Name:
Project Description:
In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract
between the City of Sebastian and the Contractor shall require the contractor to:
a) Comply with the public records law of the State of Florida, as the same may be amended
from time to time.
b) Keep and maintain public records that ordinarily and necessarily would be required by the
City in order to perform services, and
c) Provide the public with access to public records on the same terms and conditions that
the City would provide the records and at a cost that does not exceed the cost provided in this chapter or
as otherwise provided by law, and
e) Meet all requirements of retaining public records and transfer, at no cost, to the City all
public records in possession of the contractor upon termination of the contact and destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure requirements. All
records stored electronically must be provided to the City in a format that is compatible with the
information technology systems of the City.
Authorized Signature: Date
Print Title:
0
Company/Firm:
Ik tAW&t&'SS WHEREOF, the parties hereto have caused these presents to be executed, the day
and year first above written.
ATTEST (SEAL): %j Q THE CITY OF SEBASTIAANN
W ti�.r.�GLiI 1/J By:
anette Williams, MMC aul Carlisle
ity Clerk City Manager
Approved as to form and legality for reliance by the City of Sebastian only:
James Sty Attorney
-------------CONTRACTOR----- ---- __�
Signed, sealed and delivered
in the presence of:
v� n'' Contractor
W, e s Na :///f G r�F* �K Name/Title:
By: X 1
EEO
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.
B. 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 category will 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/or videos 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.
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 PCl/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.
I. PAVER' Software License
CPWG/PMG will procure your PAVER version 7.0.9 2 user license and provide onsite installation and
general training.
J. 6 Year M&R Plan Development and Report
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
CITY OF SEBASTIAN PAVEMENT MANAGEMENT PROGRAM PROPOSAL
major maintenance activities based upon annual budgetary needs, current maintenance costs and long-
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.
'4 cpwq
ATTN:Scott Baker
Public facilities Director
City of Sebastian
1225 Main Street
Sebastian, FL 32958
pr -10-11A
M vuuKt�RwtPu/
SUBJECT: CITY OF SEBASTIAN PAVEMENT MANAGEMENT PROGRAM PROPOSAL
Dear Mr. Baker,
September 12, 2D18
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 PCl/Condition Analysis Report
I. PAVER° Software License (2 User)
1. 6 Year M&R Plan Development and Report
PROJECT PROPOSAL TOTAL
Respectfully,
Steve Tarte - s
Principal
Cribb Philbeck Weaver Group, Inc. (CPWG)
James Golden '''' t
Principal r��Jj -6- 1
Pavement Management Group, U.C. (PMG)
$1,200.00
$1,250.00
$5,400.00
$39,900.00
.m o
SEBAST"
HOME OF PELICAN ISLAND
Purchase Order Number:
Date:
Accepted By:
City of Sebastian Authorized Signature