HomeMy WebLinkAbout2022 AgreementDocuSlgn Envelope ID: 5493DBD3-CC8F4E33-B10A-2A7A797ECOAD
WORK SERVICES AGREEMENT
HANGAR CONSTRUCTION FOR SEBASTIAN MUNICIPAL AIRPORT
CITY OF SEBASTIAN, FLORIDA
AGREEMENT APPROVED BY CITY COUNCIL: February 23, 2022
1. Parties:
City of Sebastian, a municipal corporation of the State of Florida, (City).
and
HANSON PROFESSIONAL SERVICES, INC. (Service Contractor)
1. Designated Contact Person as to CCU: 3. Designated Contact Person as to the Service
Scon Baker (PROJECT MANAGER) Contractor.
Airport Director Blake Swafford, Vice President
1225 Main Street Hanson Professional Services, Inc.
Sebastian, Florida 32958 6230 University Parkway, Suite 202
Phone: 772-388-8113 Sarasota, FL 34240
Cell: 772-633-0897 Phone: 321-214-9315
Email: rbaker@cityofsebmtian.org mail: BSwafford@hamon-inc.com
4. Guaranteed Maximum Price (GMP). Hanson Professional Services, Inc. agrees to perform the Construction
Engineering Inspection Services outlined in the Scope of Services Attachment "A" to this document as it pertains to the
construction of two (2) Square building hangars at Sebastian Municipal Airport under FOOT Project R FM 445949-1
for the Guaranteed Maximum Price of S21,497.00.
S. Protect Time. The timeline for this agreement begins on Match 1, 2022 and shall ran uninterrupted through the
completion of construction and the issuance of the Certificate of Occupancy.
NOTE: The City reserves the right to allow for any approved extensions.
6. Agreement Document.
• P7TACryMF,N`"A" — Scope of Services and Fee Services — Sebastian Municipal Airport — (2) Square Hangar —
Constracuon ervices
Additional Agreement Documents include the Notice to Proceed (NTP), Purchase Order(s), Contract Amendments and
Change Order(s).
7. Liquidated Dennis". If the Service Contractor fails to perform services on any given scheduled work day, the City
shall he entitled to retain or recover, as liquidated damages and not as a penalty, the sum of 1500.00 oer calendar day.
Such liquidated damages are hereby agreed to be a reasonable estimate of damages the City will incur as a result of
unfulfilled service cleating obligations on the pan of the Engineer Consultant. The City may deduct liquidated damages
from any unpaid amounts due the Engineer Consultant under this Agreement. Any liquidated damages not so deducted
from any unpaid amounts due the Engineer Consultant shall be payable to the City at the demand of the City, together
with interest from the date of the demand attic maximum allowable rate.
S. City Funds. If sufficient funding is not available for Design -Builder to complete the Work, City reserves the right to
modify the terms and conditions of the Agreement to change the Scope of Work to reduce the cost to match any
available funding. If such modifications to the Scope of Work are not feasible, or if funding has been totally exhausted
prior to the Design -Builder's completion of its Work, the Agreement shell be terminated on terms reasonably acceptable
to both parties.
City of Sebastian, Florida I Hanson Professional Services, Inc.
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9. Service Team. The Service Contractor shall provide names and roles of the Service Team assigned to the
project, for approval by the City. If any member of the Service Team permanently discontinues service,
Engineer Consultant shall promptly replace such team member with a qualified individual approved by the
City, in writing, which approval will not be unreasonably withheld.
10. Citv's Protect Manager. All Work done by the Service Contractor shall be subject to the review, inspection
and acceptance by the City's Project Manager or their designee. Any and all technical questions which may
arise as to the quality, completeness and acceptability of Work performed, or Work to be performed,
interpretation of the Engineer Consultant and all technical questions as to the acceptable fulfillment of the
Agreement on the part of the Engineer Consultant shall be referred to the City's Project Manager or their
designee who will resolve such questions. All Work shall be subject at all times to inspection and review by
the Project Manager and the City.
11. Schedules. Itne prts and Records. The Service Contractor shall submit to the Project Manager schedules,
progress schedules, records, reports, and any other data, as related to the provision of the Work covered under
the Agreement or as requested by the Project Manager
12. Initiated Chnnees. If Service Contractor initiates a substitution, deviation or change in the work which affects
the scope or the expense of work, the Service Contractor shall be liable for the expense thereof, and any
Incidental extra work created by the change.
13. Termination for Convey lance_ Upon ten (10) days' written notice to Service Contractor, the City may, for its
convenience and without cause, elect to terminate this Agreement. In the event of termination, City will be
responsible for compensating the Service Contractor only for the Work satisfactorily completed or partially
completed up to the date of termination. Service Contractor shall not be entitled to compensation for loss of
anticipated prof
14. Insurance. During the term of the Agreement, the Service Contractor, at its sole expense, shall obtain and
maintain insurance of such a type and with such terms and limits as noted below. Providing and maintaining
adequate insurance coverage is a material obligation of the Service Contractor. The Service Contractor shall
provide City a cerrifrcale(s) of insurance, evidencing such coverage. it is the Service Contractor's
responsibility to ensure that the City has current Cenificate(s) of Insurance at all times during the duration of
the agreement, including renewal terms,
14.1 Minimum Insurance Reouiremerl The coverage's, limits or endorsements required herein protect the
primary interests of City, and thew coverage's, limits or endorsements shall in no way be required to be relied
upon when assessing the extent or detenaming appropriate types and limits of coverage to protect the Service
Contractor against any loss exptn. All insurance notices shall name and endorse the following as
additional insured(sl: the Citv of Sebastian and its Citv Council members. officers. emplovees and agents
an amount not less than:
Commercial • $500,000 Combined Single Limit per each occurrence.
Comprehensive a $50,000 Fire Damage Limit
Liability $5,000 Medical Expense Limit
an amount not less than:
Professional Liability a $5,000,000 Per Claim Limit
• $5,000,000 Aggregate Limit
an amount not less than:
Automobile Liability • $500,000 Each Occurrence & Combined Single Limit
e $5.000 Medical Extieme Limit
In accordance with Floods Statutes 440, maintain worker's compensation insurance to
Worker's the extent required by law for all their employees to be engaged in work under this
Compensation contract.
City of Sebastian, Florida I Hanson Professional Services, Inc.
Construction Engineering Inspection Services -Square Hangars- FDOT rl FM4459491 Page 2 of
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15. Promnt Pavment. City shall make payment of a payment request in accordance with Chapter 218, Pan VII of
the Florida Statutes "Local Government Prompt Payment Act" from the date which a properly received
payment request/invoice is recorded as received by City, for Work completed to the satisfaction of City.
15.1 Pavment Re6pests/Invoices. Requests for payment for the provision of the Work provided under the
Agreement shall be submitted no more frequently than once per month, unless stipulated differently in the
Agreement or solicitation documents. All requests for paymem/invoices shall be submitted in sufficient
detail to demonstrate compliance with the terms of the Agreement and to allow for the proper pre -audit and
post -audit thereof. Upon receipt of Service Contractor's payment request/invoice, the City will review to
ensure completeness and that the Work covered under the payment request has been completed in
accordance with this Agreement. If it is found that the payment request/invoice is not complete, or the
Work covered under the payment request does not satisfy this Agreement, the payment request may be
rejected.
15.2 Proeress Pavements.
15_2.1 V ArmUcatiaa for Pavment The first Application for Payment shall be submitted no earlier than
thirty (30) days following the issuance of the NTP. Prior to submitting its hrst Application for
Payment, the Service Contractor shall submit to City, for its review and approval:
A schedule of values based upon the GMP, listing the major elements of the Work and the dollar
value for each element; and
15_2.2 hlonlhiv Applications for Pavment. Service Contractor shall submit each of in Applications for
Payment to the Citv on or before the 251h(�ey of each month for work ncrformed durine the
previous month. Invoices received after the 25N day of each month shall be considered for payment
as pan of the nest monlb's application. Within ten (10) calendar days after receipt of each
Application for Payment, the City shall either.
(1) Indicate approval of the requested payment;
(2) Indicate approval of only a portion of the requested payment, staling in writing the reasons
therefore; or
(3) Return the Application for Payment to Service Connector indicating, in writing, the reason for
refusing to approve payment. In the event of a total or partial denial of the Application for Payment,
the Service Contractor may make the necessary corrections and resubmit the Application for
Payment for reconsideration within ten (10) calendar days of receiving notice of refusal.
Monthly payments to Service Contractor's firm shall in no way imply approval or acceptance of
Service Contractor's work.
15_23 Withheld Pavments. The City may decline to approve any Application for Payment, or portions
thereof, because of subsequently discovered evidence or subsequent inspections. The City may
nullify the whole or any pan of any approval for payment previously issued and withhold any
payments otherwise due to Service Contractor under this Agreement, to such extent as may be
necessary in the City's opinion to protect it from loss because of (a) defective Work not remedied;
(b) reasonable doubt that the Work can be completed for the unpaid balance of the GMP; or (c) any
other material breach of the Contract Documents. If these conditions are not remedied or removed,
City may, after three (3) days written notice, rectify the same at the expense of the Service
Contractor. City may also offset against any sums due to Service Contractor the amount of any
liquidated or urvliquidated obligations of the Service Contractor to the City, whether relating to or
arising out of this Agreement.
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15.2.4 Final Payment. City shall make final payment to Service Contractor within thirty (30) calendar
days after the Work is inspected and accepted by City in accordance with Section 10 herein
provided.
The Service Contractor's acceptance of final payment shall constitute a full waiver of any and all
claims by Service Contractor against City arising out of this Agreement, except those previously
made in writing and identified as unsettled at the time of the final Application for Payment. Neither
the acceptance of the Work nor payment by City shall be deemed to be a waiver of City's right to
enforce any obligations of the Service Contractor hereunder at to the recovery of damages for
defective Work not discovered by the City at the time of final inspection.
16. Public Records: Service Contractor will keep and maintain public records required by the City to perform the
service. Upon request from the City's custodian of public records, Service Contractor will provide the City
with a copy of the requested records or allow the records to be inspected or copied within a reasonable time
and at a cost that does not exceed the cost provided in Chapter 119, Florida Slames, or as otherwise provided
by law. Service Contractor will ensure that the public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the duration of the
tern of the Agreement and fallowing completion of the Agreement if the Service Contractor does not transfer
dre records to the City. Upon completion of the Agreement, Service Contractor will transfer, at no cost, to the
City all public records in possession of the Service Contractor or keep and maintain public records required by
City to perform the service. If Service Contractor transfers all public records to City upon completion of the
Agreement, Service Contractor shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If Service Contractor keeps and maintains public records
upon completion of the Agreement, Service Contractor shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information technology system of the City.
If Service Contractor does non comply with the City's request for public records, the City shall enforce the
provisions of the Agreement in accordance with the terms of the Agreement and may cancel the Agreement.
IF THE SERVICE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE SERVICE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS, CUSTODIAN OF
PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL:
Jwilliams®cityofsebastian.org; PHONE: 772-388-8215.
17. Indemnification. The SERVICE CONTRACTOR shall indemnify and hold harmless the CITY, and its
Officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable
attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
SERVICE CONTRACTOR and other persons employed or utilized by the SERVICE CONTRACTOR in the
performance of the agreement; regardless of the negligence of the indemnitee or its officers, directors, agents,
or employees. However, suchindemnification shall not include claims of, or damages resulting from, gross
negligence, or willful, wanton or intentional misconduct of the inde nnilee or its officers, directors, agents or
employees. Upon request of the CITY, the SERVICE CONTRACTOR shall, at no coal or expense to the
CITY, indemnify and hold the CITY harmless of any suit asserting a claim for any loss, damage or liability
specified above, and SERVICE CONTRACTOR shall pay any cost and reasonable attorneys' fees that may be
incurred by the CITY in connection with my such claim or suit or in enforcing the indemnity granted above.
Nothing in this agreement shall be construed is the CITY waiving its sovereign immunity pursuant to 768.28,
el seq., Florida Statutes, or any other sovereign or governmental immunity.
18. Waiver. The delay or failure by City to exercise or enforce any of its rights under this Agreement shall not
constitute or be deemed a waiver of City's right thereafter to enforce those rights, nor shall any single or partial
exercise of any such right preclude the City of any other or further exercise thereof or the exercise of any other
right.
19. SeverabiRh. If a court deems any provision of the Agreement void or unenforceable, that provision shall be
enfomed only to the extent that it is not in violation of law or is not otherwise unenforceable and all other
previsions shall remain in full force and effect.
City of Sebastian, Florida / Hanson Professional Services, Inc.
Construction Engineering Inspection Services -Square Hangers - FOOT #FM445949-1 Page 4 of
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20. Survival. All express representations, waivers, indemnifications, and limitations of liability included in this
Agreement will survive completion or termination of the Agreement for any reason.
21. Authority. Each person signing the Agreement warrants that he or she is duly authorized to do so and to bind
the respective perry to the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year noted
above.
4ATTEST (SEAL):'/',`''�-�Q-'����f�1
n'.�nc Williams, MMC
CITY CLERK
Approved as to form and legality for
reliance by the City of Sebastian only:
4Z94)i
M y Ar56n r., q.
C ATTORNEY
THE CITY OF SEBASTIAN;
("City")�
BY:
I E. Carlisle
CITY MANAGER
HANSON PROFESSIONAL SERVICES, INC.:
("Service Contractor')
oeeusgmaay: I
BY:L SW'd
Blake Swiiffbrd, Vine President
City of Sebastian, Florida I Hanson Professional Services, Inc.
Construction Engineering Inspection Services - Square Hangars - FDOT # FM445949-1 Page 5 of
Docualgn Envelope ID: M930BD3.CC8FAE33-BiOA-2A7A797ECOAD
Henson Professional Services Inc.
Attachment "A" - Scope of Services
Sebastian -Roseland Municipal Airport
Hangar Construction — Construction Services
Services:
HANSON
The Scope of Services to be provided is limited to hems described below. Additional services, if
required, may be subsequently authorized by the owner as a separate or amended task order.
Part 1 - Construction Administration
1. Provide General Construction Administrative services as needed.
2. Attend Preconstruction Meeting. Prepare meeting agenda, sign -In sheet, and meeting
notes. The meeting notes and sign -in sheet will be electronically distributed to attendees.
3. Review of submittals. Respond to requests for information (RFI) and site visits.
4. Construction Progress Meetings/Coordination. Project staff to participate (by phone
conference) In construction progress meetings/coordination to discuss and coordinate
project specifics with airport staff and/or contractor.
S. Construction Site Visits. Engineering staff to make up to two (2) site visits to observe
construction progress, general character and quality of the work.
6. Evaluate Contractor Pay Requests. Review Contractor pay requests and recommend
payment, Including adjustments In accordance with the contract documents.
7. Review and process contractor requests for change orders.
8. Project Closeout. Assemble and submit final project records.
Part 2 - Construction MonfloHno - RPR
1. Construction Site Visits. Project staff to make up to ten (10) she visits to observe
construction progress for general conformance and quality of work to the contract
documents.
2. Substantial completion observation. Attend a substantial completion walkthrough and Issue a
punch list of items to be completed prior to final acceptance.
3. Perform a final Inspection and observations of punchlist Items.
4. Coordinate with the contractor to provide final project record drawings.
QUALIFICATIONS:
Our services shall be limited by the following Qualifications:
1. Direct expenses related to the project, such as travel and per diem will be reimbursed at the
allowable FDOT rates.
2. Only those services Identified above are included in this Agreement.
End of Scope of Services
ATTACHEMENTA
FEE SUMMARY
SEBASTIAN•ROSELAND MUNICIPAL AIRPORT
HANGAR CONSTRUCTION
CONSTRUCTION ADMINISTRATION AND RPR SERVICES
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HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: February 23, 2022
Aaenda Item Title: Approve Hanson Professional Services, Inc. Work Services Agreement to
perform Construction Engineering Inspection (CEI) Services involving the
construction of two (2) Square hangar buildings on Sebastian Municipal
Airport; and authorize the City Manager to execute the related documents.
Recommendation: Staff recommends approval of a Work Services Agreement in favor of
Hanson Professional Service, Inc. in the amount of $21,497 to perform
Construction Engineering Inspection Services involving the construction of
two (2) Square hangar buildings on Sebastian Municipal Airport; and
authorize the City Manager to execute the related documents.
Backaround: On September 22, 2021, City Council passed Resolution R-21-24 approving
a FDOT Public Transportation Grant Agreement (PTGA) allowing $720,000 in funds to
construct two (2) square hangars at Sebastian Municipal Airport. On February 91", Council
selected Ahrens Companies as the design -build firm for this project. Ahrens is in the process
of developing conceptual plans and preparing a GMP proposal for construction of the
hangars. Following Council approval of the GMP proposal, Ahrens will proceed with final
plans to secure building permits leading to the construction of the hangars. This agenda item
speaks to the assignment of Hanson Professional Services to perform Construction
Engineering Inspection (CEI) Services on the project. Hanson Professional Services is a
CCNA partner with Sebastian Municipal Airport. These services are funded by a state FOOT
grant (80%) and 20%from DST funds.
This A�@nda Item Does Not Re re the Exoenditure of Funds
PROJECT BUDGET: $720,000.00
SERVICE AGREEMENT COST: Not to Exceed $21,497.00
Source of Funds $17,197.60 - FOOT PTGA Grant 80%
$ 4,299.40 -DST 20%
Attachments:
1. Hanson Work Services Agreement
2. Attachment "A" Scope of Services
Administrative Services Dyepanjoht Review, .
City Attorney Review:////Procurement Division R view, if pplicabley
City Manager Authorization: 4LZ �-�
Date: 1 //7IJ z