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HomeMy WebLinkAbout2010 - Agreement " a) CERTIFICATE OF LIABILITY INSURANCE DATE(MM/2D/YYYY) 06/25/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Risk Management Department Aon Risk Services Northeast,Inc. PHONE FAX New York NY Office (A/C,No,Ext): (866)443-8489 (A/C,No):(800)889-0021 E-MAIL 199 Water Street ADDRESS: work.comp/trinet.com New York,NY 10038-3551 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A:Commerce&Industry Ins Co 19410 TriNet HR Corporation and all its affiliates and subsidiaries* INSURER B:Illinois National Ins Co 23817 Masteller&Moler Inc(Endorsed as alternate employer) 9000 Town Center Parkway INSURER C:Ins Co State of Penn 19429 Bradenton,FL 34202 INSURER D:Nall Union Fire Ins Co 19445 INSURER E:New Hampshire Ins Co 23841 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER LIMITS (MMIDD/YYYY) (MM/DDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PR S( RENTED PREMISES(Ee occurrence) $ CLAIMS-MADE I OCCUR MED EXP(Any one person) _$ _ PERSONAL&ADV INJURY _$ _ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY nPROJECT I ILOC COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Each accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per AUTOS AUTOS accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ A WORKERS COMPENSATION 039401238(FL) 07/01/2013 07/01/2014 X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE $2,000,000 OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required):9261 / 7X4 *TriNet HR II,Inc.and TriNet HR V,Inc. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Sebastian BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE 1225 Main St DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Sebastian, FL 32958 AUTHORIZED REPRESENTATIVE Aon Risk Services Northeast, Inc. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ®1988-2010 ACORD CORPORATION.All rights reserved. i-""" MAST&MO-01 ANGIEY ACRD° CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) `------ 6/26/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Collinsworth,Alter,Fowler&French,LLC PHONE 305 822-7800 F^X (305)362-2443 8000 Governors Square Blvd (A/C,No,Extl:( ) (Alc,No):( ) Suite 301 E-MAIL ADDRESS: Miami Lakes,FL 33016 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Casualty and Surety Company of America INSURED INSURER B Mastelier&Moler,Inc. INSURER C: 1655 27th Street Suite 2 INSURER D: ! Vero Beach,FL 32960 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLJSUBR POLICY EFF POLICY EXP LTR INSR 2,Sa.. POLICY NUMBER (MMIDDIYYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY i EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGE 10 RLN i ED PREMISES(Ea occurrence) S CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY S GENERAL AGGREGATE _ S GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG_ S _ 7 POLICY n, LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) —$ ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ S UMBRELLA LIAB _ OCCUR EACH OCCURRENCE _ S EXCESS UAB CLAIMS-MADE AGGREGATE $ — DED I I RETENTION S S WORKERS COMPENSATION I TORY ATTS I NY- AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE I I N!A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S A Professional Liab. 105637080 6/30/2013 6/30/2014 Each Claim 1,000,000 A Claims-Made Basis 105637080 6/30/2013 6/30/2014 Annual Aggregate 1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,B more space is required) Professional Liability Retroactive Date-Full Prior Acts;Professional Liability Deductible$15,000 Each Claim CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Sebastian THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1225 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Sebastian,FL 32958 AUTHORIZED REPRESENTATIVE i 4, ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD alr of SEDASTU HOME OF PELICAN ISLAND CITY OF SEBASTIAN WORK AUTHORIZATION WORK AUTHORIZATION # 7 PROJECT NAME: Powerline Road Improvements PURCHASE ORDER # 6085 PROJECT #: C0735 CONTRACTOR: Masteller & Moler, Inc. CONTRACT NAME: Agreement for Professional of Engineering Services for the Extension of Powerline ADDRESS: 1655 27th Street, Suite #2 Road from Main Street to CR512 Vero Beach, Florida 32960 PHONE #: (772) 567 -5300 CONTRACT DATE: June 10, 2009 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: In order to determine the volume of City -owned import fill transported from the Sebastian Airport to the Powerline Road Extension project we propose to provide the Scope of Services as described in the attached Exhibit "A ". A) CONTRACT PRICE PRIOR TO THIS CHANGE $ 213,019.00 NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE $ 2,100.00 NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER $ 215.119.00 B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) n/a NEW COMPLETION DATE INCLUDING THIS CHANGE MO. DAY YR = AGREED: COMPANY Authorized Signature Date: `fQ . vZAm Stephen E. Moler, PE, Vice President Appr vats By City of Sebastian in accordance with Code Sec. 2 -10 (check one): City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order (meeting date ) C i Y 1/, rr fflgy 7frir r r ct ManagerJ'J BASTIAN: ■ Date: i6, Finance Director IV t)7 City Attorney h De_ OK AT as to budget Sally A. o, MMC, City Clerk s to legal WORK AUTHORIZATION #7 Powerline Road Extension Exhibit "A" In order to determine the volume of City -owned import fill transported from the Sebastian Airport to the Powerline Road Extension project we propose to perform the following Scope of Services: 1. Land Surveying: We shall perform the following land surveying services: a. Set up baseline and establish control. b. Locate and obtain elevations on existing stockpile located at the northwest end of the Sebastian Airport sufficient to calculate volume of remaining fill. c. Calculate volume of fill using average end area, composite and grid methods. Calculate the difference between volume obtained with this survey and previous survey performed in February 2010. d. Prepare topographic drawing, including volumes. 2. Upon completion of the above - described task, we shall use the difference in volume to determine the amount paid to the contractor for the "Owner Provided Import Fill" pay item. /cab File#0850LT (Work Authorization #7_Exhibit A_11- 1012.doc) Hi, - MASTELLER & MOLER, INC. ^' CML ENGINEERS — CIVIL ENGINEERS October 12, 2011 Mr. Al Minner, City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Excess Fill Import Powerline Road Extension Work Authorization # 7 Dear Al: Work Authorization #7 is a follow -up to WA #2, which quantified the amount of City -owned fill in a stockpile located on Sebastian Airport. The contractor is now complete with the importation of City - owned fill onto the Powerline Road project area. Under this Work Authorization we will resurvey the stockpile, compare existing topography with that of pre- construction, and calculate the amount of City - owned fill transported by the contractor to Powerline Road. This calculation will determine the amount paid to the contractor for the "Owner Provided Fill" pay item. Please let me know if you have any questions or concerns relative to the information contained herein. Sincerely, TE ER & MOLER, INC. ephen E. Moler, PE Vice President SEM /cab Enclosures File# 0850LT (CoSEB_AMinner_11- 1012.doc) 1655 27th Street, Suite 2 • Vero Beach, Florida 32960 Phone: (772) 567 -5300 • Fax: (772) 794 -1106 mastmolr@bellsouth.net cm a SLD�TIAN HOME OF PELICAN ISLAND CITY OF SEBASTIAN WORK AUTHORIZATION WORK AUTHORIZATION # 6 PROJECT NAME: Powerline Road Improvements PURCHASE ORDER # 6085 PROJECT #: C0735 CONTRACTOR: Masteller & Moler, Inc. CONTRACT NAME: Agreement for Professional of Engineering Services for the Extension of Powerline ADDRESS: 1655 27th Street, Suite #2 Road from Main Street to CR512 Vero Beach, Florida 32960 PHONE #: (772) 567 -5300 CONTRACT DATE: June 10, 2009 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: Preparation of Construction Plan revisions in accordance with City Council directions to incorporate a landscape berm between the Powerline Road roadway and the rear yards of adjacent Columbus Street single - family lots. Revisions shall include the removal of the project's proposed bikepath facilities along the west side of the project corridor. The Construction Plans will be revised to relocate proposed landscape materials onto a berm area between the existing ditch along the rear of Columbus Avenue lots and the proposed swale system to be constructed along the west side of the new Powerline Road roadway alignment. The implementation of this change to the project will require revisions to Construction Plan Sheets 6, P3 -P7, BPI & 2, CS -1 thru CS -6, 12,OA -2, OA -4, S1 thru S -3, and L -1 & 2. We shall also amend the Bid Proposal Form to reflect the quantity adjustments associated with the revisions made to the Construction Plans. 1 A) CONTRACT PRICE PRIOR TO THIS CHANGE $ 206,619.00 NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE $ 6,400.00 NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER $ 213,019.00 B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) n/a NEW COMPLETION DATE INCLUDING THIS CHANGE MO. DAY YR = AGREED: COMPANY Mastell Moler, Inc. Date: December 21, 2010 Authorized Signature Stephen E. Moler, PE - Vice President Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order X City Co ncil Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order (me g date 1/12/11 ) j O j STIAN: rte I ager Date: P iject Manager Finance Director City Attorney AT(TpST: 6(7 "11, to budget Sally A. Ma%, MMC, City Clerk as to legal 2 F7 7F,._ : s[' CITY OF SEBASTIAN WORK AUTHORIZATION WORK AUTHORIZATION # 5 PROJECT NAME: Powerline Road Improvements PURCHASE ORDER # 6085 PROJECT #: C0735 CONTRACTOR: Masteller & Moler, Inc. CONTRACT NAME: Agreement for Professional of Engineering Services for the Extension of Powerline ADDRESS: 1655 27th Street, Suite #2 Road from Main Street to CR512 Vero Beach, Florida 32960 PHONE #: (772) 567 -5300 CONTRACT DATE: June 10, 2009 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: Completion of additional Florida Gopher Tortoise Survey as described in the attached Exhibit "A ". A) CONTRACT PRICE PRIOR TO TI IIS CHANGE $ 205,699.00 NET INCREASE (DECREASE) RESULTING FROM THIS CI IANGE $ 920.00 NEW CONTRACT PRICE INCLUDING "I IIIS CHANGE ORDER $ 206,619.00 B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) NET INCREASE (DECREASE) RESULTING FROM THIS CI IANGE, (NUMBER OF DAYS) n/a NEW COMPLETION DATE INCLUDING THIS Cl IANGE, MO. DAY YR AGREED: COMPANY Masteller of Inc. Signature Date: November 5, 2010 Stephen E. Moler, PE - Vice President Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): ity Manager Authorization — cumulative amount Tess than 15% of contract price or $15,000 single change order V City Council Authpriz tion — cumulative amount exceeds 15% of contract price or $15,000 single change order meeting date /2/ f > i ) CITY'5F� TIAN: City ItJa ajr Project Manager Finance Director City Attorney A Date: " 4--xs • to budget ct;b' Sally A. Maio, MMC. City Clerk as to legal WORK AUTHORIZATION #5 Powerline Road Extension Exhibit "A" During March 2010 the Environmental Sub - Consultant, Cardno - ENTRIX, Inc. started work to obtain a Florida Gopher Tortoise Relocation Permit as described Work Authorization #1, Exhibit "A" in anticipation of construction commencement during the summer of 2010. Cardno - ENTRIX subsequently completed the Florida Gopher Tortoise Survey and was prepared to submit the permit application to the Florida Fish and Wildlife Conservation Commission (FFWCC). However, since construction was unable to commence as expected, Cardno - ENTRIX stopped work prior to submittal of the permit. In accordance with recent discussions with the City Manager, we are proceeding on a schedule to commence construction of the roadway improvements during April 2011. Considering FFWCC's permit review period of ninety (90) days or more it is imperative that Cardno - ENTRIX re -start the permit application process to avoid delay of construction commencement. Since FFWCC requires that the Florida Gopher Tortoise Survey be performed within thirty (30) days of the permit application, the March 2010 Survey is null and void, and another Survey must be performed. The following outlines the services needed to complete a new Florida Gopher Tortoise Survey: 1.0 Florida Gopher Tortoise Survey Complete a survey of the site per FFWCC standard guidelines to determine the estimated population of tortoises within the project site. This survey will map tortoise density per community type, and will provide the framework for required tortoise permitting. The methodology and results of the survey will be summarized in a narrative with accompanying map(s). This summary will outline permitting requirements, and will also provide estimated costs associated with each permitting alternative discussed. Work Authorization #5 proposes only to provide a new Florida Gopher Tortoise Survey. All other Gopher Tortoise services shall be provided as described by Items 2 — 5 in Exhibit "A" of Work Authorization #1. * *End of Exhibit ** File #0850LR Work Authorization #5 Exhibit A.doc aoud;oea;uo3 pas!naj 00000 v v v w v CD CD (D CD (D 0 0 0 0 0 a a a a a (D m (D CD (D C)1 4:k W N it vi EA 69 EA EA EA N O 0) co N _N N Cr) co Ut W CO N O co) co Co CO O O O Cn O O 0 0 0 0 0 o O O O O O EA EA EA fA en N N — — -� CO CO CO N co (O A CO -I J J CO Cn 01 Cn 01 O O O *co O O O O O o 0 Z cn 0 o (D c1 O 3o cn ° v.ov� 0 0 0 o . 0 o a w o o_ (0 j v o ?o •�• c (Q TI Q N 5 v 0 o —( 91 0 - �� CD v CDCO 30' �0 0) o°��o 0 0 =�o o D (t o v 0 cna�, n� 0 o c o. o' 2 N � n) m v (1) D 0 3 3 O c Q1 � rt rt CD 0 n (D 3 cD c y (Q < CD N O N 0 rt O ,a n DDD< o _ aopd;oe.i }uo3 lei;iul cn 3 3 O o a) N O O� Q g 003 CD V 0 3 O g CD cD 3 V C O 0 N N o D rt S cD O c N. C) a) 0 e-r y w N O 0 CrIY OF HOME OF PELICAN 6SLAND AGENDA TRANSMITTAL Subject: A Pow -rline Road — Engineering i • ro,` • for Submittal by: Service CO #5 Agenda No. IC . C)5 Departmeyt Origin: Finance: Lv4' ity Manager Z ,{ City Attorney: City Clerk: `y. j1 City Manager Date Submitted: 7 DEC 10 Council Date: 15 Dec 10 • 1,n r, City Manager EXPENDITURE REQUIRED: $920 AMOUNT BUDGETED: $176,724 APPROPRIATION REQUIRED: $0 SUMMARY In order to construct Powerline Road, the Florida Department of Wildlife Conservation (FWC) requires that the area be surveyed for the relocation of the Florida Gopher Tortoise. Earlier in the project a change order for $12,190.00 was issued in order to conduct a full survey and complete permitting for the study and relocation of tortoises. However, the project was delayed due to the need to acquire ROW. As a result, the tortoise permit expired. In order to open the permit again, a reapplication fee of $920.00 is required. Because 15% of the original engineering fees have already been exceeded, Council approval is required for any additional change orders. Below is a chart which depicts Change orders already approved: Original Contract Price w/ Masteller & Moler - $176,724.00 CHANGE ORDER AMOUNT PERCENT CHANGE DESCRIPTION AUTHORITY 1 $12,190 6.9% Gopher Tortoise City Manager Study 2 $4,985 9.7% Soil City Manager Analysis /Survey 3 $2,300 11.0% Legal Description for ROW City Manager 4 $9,500 16.4% ROW Appraisals Council (5/12/10) 5 $920 16.9% Tortoise Permit Re- Council Submittal If approved — Amended Contract Price w/ Masteller & Moler - $206,619.00 RECOMMENDATION Staff recommends approval of the Change Order #5. sEseitagnAN HOME OF PELICAN ISLAND CITY OF SEBASTIAN WORK AUTHORIZATION WORK AUTHORIZATION # 4 PROJECT NAME: Powerline Road Improvements PURCHASE ORDER # 6085 PROJECT #: C0735 CONTRACTOR: Masteller & Moler, Inc. CONTRACT NAME: Agreement for Professional of Engineering Services for the Extension of Powerline ADDRESS: 1655 27th Street, Suite #2 Road from Main Street to CR512 Vero Beach, Florida 32960 PHONE #: (772) 567 -5300 CONTRACT DATE: June 10, 2009 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: Professional services to be provided to the City to support negotiations for acquisition of right -of -way for the Powerline Road project from the Indian River County School Board. Services include the preparation of exhibits and cost estimates, coordination of consultants, and the attendance of meetings with City and School Board Staff. A) CONTRACT PRICE PRIOR TO THIS CHANGE $ 196,199.00 NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE $ 9,500.00 NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER $ 205,699.00 B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) n/a NEW COMPLETION DATE INCLUDING THIS CHANGE MO. DAY YR = AGREED; COMPANY M . tel er & le Authorized Signature Date: April 16, 2010 Vice President Approvals By City of Sebastian in accordance with Code Sec, 2 -10 (check one): City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order City Cou cil Au tion — cumulative amount exceeds 15% of contract price or $15,000 single change order date l2 I e Date: . I4o Project Manager .46C- aK- Finance Director' - City Attorney as to budget Sully A. M MC, City Clerk as to legal arr OF SFDASTIAN HOME OF PELICAN ISLAND CITY OF SEBASTIAN WORK AUTHORIZATION WORK AUTHORIZATION # 3 PROJECT NAME: Powerline Road Improvements PURCHASE ORDER # 6085 PROJECT #: C0735 CONTRACTOR: Masteller & Moler, Inc. CONTRACT NAME: Agreement for Professional of Engineering Services for the Extension of Powerline ADDRESS: 1655 27th Street, Suite #2 Road from Main Street to CR512 Vero Beach, Florida 32960 PHONE #: (772) 567 -5300 CONTRACT DATE: June 10, 2009 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: Completion of Legal Descriptions and Sketches for Temporary Construction Easements along the Powerline Road project route as described in the attached Exhibit "A" A) CONTRACT PRICE PRIOR TO THIS CHANGE $193,899.007 NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE $ 2,300.00✓ NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER $ 196,199.00 B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) n/a NEW COMPLETION DATE INCLUDING THIS CHANGE MO. DAY YR = AGREED: COMPANY Masteller : o r. Inc. Date: March 3.2010 Authorized Signature Vice President Annrrovals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): /City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order _ City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order (m - 'ng date ) f ' BASTIAN: > >� tiger Project Manager Finance Director 1 / �� as to budget Sally A. Maio, C, City Clerk City Attorney /i, ��/ 7 as to legal ATTES )14 WORK AUTHORIZATION #3 Powerline Road Extension Exhibit "A" Temporary construction easements are needed at several locations along the Powerline Road project route which shall include the following Scope of Services: 1. Prepare legal descriptions for three (3) parcels. 2. Prepare sketch of descriptions as required by the Minimum Technical Standards. This Work Authorization does not include preparation of deed or any fees that may be associated with the recording of documents. /cab File#0850L0 (Work Authorization#3_Exhibit A 10-0302.doc) SLRASTIAN HOME OF PFUCAN ISLAM CITY OF SEBASTIAN WORK AUTHORIZATION WORK AUTHORIZATION # 2 PURCHASE ORDER # 6085 CONTRACTOR: Masteller & Moler, Inc. ADDRESS: 1655 27th Street, Suite #2 Vero Beach, Florida 32960 PHONE #: (772) 567 -5300 PROJECT NAME: Powerline Road Improvements PROJECT #: C0735 CONTRACT NAME: Agreement for Professional of Engineering Services for the Extension of Powerline Road from Main Street to CR512 CONTRACT DATE: June 10, 2009 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: The City has indicated that excess fill exists on the City Airport site that can be made available to provide for import fill for this project. In order to implement this opportunity, we propose to provide the Scope of Services as described in the attached Exhibit "A ". This Work Authorization is also intended to correct a summation error of $1,000.00 in the original lump sum contract for this project. A) CONTRACT PRICE PRIOR TO THIS CHANGE NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER 13) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) n/a NEW COMPLETION DATE INCLUDING THIS CHANGE MO. DAY YR = $ 188,914.00 $ 4,985.00 $ 193,899.00 AGREED: COMPANY Mastel Authorized Signature Date: kko Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): /City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order _ City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order (mee i g date ) Date: 2 10 10 Project Manager Finance Director City Attorney A , EST: (.vcGzur,i.¢ en, e. ��"" �Depaf City C(e,rk- as to budget rp ' py A. Maio, MMC, Cit3 Clerk WORK AUTHORIZATION #2 Powerline Road Extension Exhibit "A" The City has indicated that excess fill exists on the City Airport site that can be made available to provide for import fill for the Powerline Road Extension project. In order to implement this opportunity, we proposed to perform the following Scope of Services: 1. Soils Investigation: In order to confirm that the soils are satisfactory for the Powerline Road Extension project, we shall have the following soil investigation work performed: a. Perform eight (8) hand auger borings to a depth of 6 feet. At a depth of 2 feet, 4 feet, and 6 feet of each hand auger we will obtain a soil sample to take to our laboratory for analysis. At the lab, we will perform a sieve analysis on each sample obtained (24 total) to determine the suitability of the soil to be used as structural fill. b. Provide a report with our findings as to the structural suitability of the fill material. 2. Land Sun/eying: In order to accurately determine the quantity of excess fill that can be made available to the Powerline Road Extension project, we shall perform the following land surveying services: a. Set up baseline and establish control. b. Locate and obtain elevations on existing stockpile located at the west end of the Sebastian Airport sufficient to calculate volume of potential fill. c. Calculate volume of fill using average end area, composite and grid methods. d. Prepare topographic drawing, including volumes. 3. Upon completion of the above - described tasks, we shall amend the Contract Specifications to include instructions to the Contractor as to the location and availability of said excess fill for the Powerline Road Extension project. Note: This Work Authorization is also intended to correct a summation error of $1,0000 -0 in the original lump sum contract for this project. /cab File#0850L0 (Work Authorization#2_Exhibit A_1 O-0208.doc) EXHIBIT "B -1" SCOPE OF SERVICES AND FEES Task 1: Surveying Services Masteller, Moler, Reed & Taylor, Inc. SCOPE OF SERVICES Perform Right of Way and Topographic Survey and related surveying services for property located in Indian River County and lying in Section 01, Township 031 South, Range 038 East and identified as Powerline Road Roadway Project and includes the following: Proiect Limits: The limits of this project is defined as Powerline Road from County Road 512 north to Main Street. Project includes the side streets of Orange Avenue, Lime Avenue and Roy Avenue to and including 200 feet each direction along Columbus Street. Limits also include County Road 512 and Main Street, 1000 feet in each direction from Powerline Road. Task 1A: 1. Establish and recover existing horizontal and vertical control. Horizontal control shall be based upon the State Plane Coordinate System, North American Datum, 83/1990 adjustment. Vertical control shall be based upon the National Geodetic Vertical Datum of 1929. 2. Field locate existing monumentation along the route to establish right of way and project baseline. Monument proposed baseline at maximum 1,000 foot intervals and tie into existing horizontal control. The baseline shall be used to control the horizontal aspects of the project. 3. Perform bench run and establish benchmarks at 1,000 foot intervals along the route. Benchmarks shall be used to control the vertical aspects of the project. 4. Locate and identify all visible topographic features along the route. (le: pavement, power poles, ditches, culverts, etc.) 5. Perform cross sections at 100 foot intervals along the project route. Perform as necessary, additional cross sections where significant physical features exist. All sections will extend 50 feet beyond the existing right of way lines 6.. Locate and identify all specimen trees 6" or larger with the project limits. 7. Locate wetland jurisdictional lines, flagged by others, and calculate area as required for sign off by SJRWMD and the Army Corps of engineers. 8. Prepare right of way and topographic survey in the form of a base map for engineering design. 9. Upon completion, provide five paper copies and one digital file. Task 1B: 10. Prepare legal description and sketch and perform boundary survey for one (1) parcel of land to be acquired by the City for additional right of way across School Board property. Provide five copies and a digital file upon completion. Task 1C:` 11. Perform boundary and topographic survey of parcel to be acquired by the City for stormwater management purposes. Provide five copies and a digital file upon completion. LUMP SUM FEES The lump sum fees for the above described scope of services are as follows: Task 1 for a lump sum fee of Task 2 fora lump sum fee of Task 3 for a lump.sum fee of $ 18,900.00 $ 900.00 $ 1.500.00 -1 U0,000.00 et Si 1300.00 SLBASTIAN HOW OF PELICAN ISLAND CITY OF SEBASTIAN WORK AUTHORIZATION WORK AUTHORIZATION # 1 PURCHASE ORDER # 6085 CONTRACTOR: Masteller & Moler, Inc. ADDRESS: 1655 27`" Street, Suite #2 Vero Beach, Florida 32960 PHONE #: (772) 567 -5300 PROJECT NAME: Powerline Road Improvements PROJECT #: C0735 CONTRACT NAME: Agreement for Professional of Engineering Services for the Extension of Powerline Road from Main Street to CR512 CONTRACT DATE: June 10, 2009 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: Completion of Permitting and Relocation work to relocate existing gopher tortoises along the Powerline Road project route to a mitigation bank site as described in the attached Exhibit "A ". A) CONTRACT PRICE PRIOR TO THIS CHANGE $ 176,724.00 NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE $ 12,190.00 NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER $ 188,914.00 B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) n/a NEW COMPLETION DATE INCLUDING THIS CHANGE MO. DAY YR = AGREED: COMPANY Masteller ; oler Inc. Date: 2/5/2010 Authorized Signature Approvals By City of Sebastian in City Manager Authorization City C uncil Authorization — (m ng date ) j accordance with Code Sec. 2 -10 (check one): — cumulative amount less than 15% of contract price or $15,000 single change order cumulative amount exceeds 15% of contract price or $15,000 single change order ASTIAN: ager Project Manager Finance Director City Attorney Date: Z /d -16 A EST: as to budget- r as to legal epctiv C;ify C(e-rk. Ily A. io, M1YIC, City Clerk WORK AUTHORIZATION #1 Powerline Road Extension Exhibit "A" A preliminary assessment of the proposed improvements associated with Powerline Road located in Sebastian, Florida has been completed by the Environmental Sub - consultant ENTRIX, Inc.. Preliminary assessment identified that Florida gopher tortoises (Gopherus polyphemus) are utilizing habitat within the proposed construction areas. The Florida Fish and Wildlife Conservation Commission (FFWCC) requires that the population of on-site tortoises be established through field survey to identify if tortoises will be affected by the proposed development plan. If tortoises will be affected by the proposed construction, a permit must be obtained from the FFWCC to relocate the tortoises to areas not affected by construction. Due to site design constraints, it is assumed that the tortoises will be required to be moved to an approved off -site Mitigation Bank, as the post- construction design does not include sufficient undeveloped area for the tortoises to be relocated. The following outlines the services needed to complete this assessment, as well as the permitting and relocation. 1.0 Florida Gopher Tortoise Survey Complete a survey of the site per FFWCC std guidelines to determine the estimated population of tortoises within the project site. This survey will map tortoise density per community type, and will provide the framework for any required tortoise permitting. The methodology and results of the survey will be summarized in a narrative with accompanying map(s). This summary will outline permitting requirements, and will also provide estimated costs associated with each permitting alternative discussed. 2.0 Construction Services Meet with the Contractor and/or Client for up to two (2) on -site meetings prior to, and during, construction activities to ensure that gopher tortoise activities are in compliance with issued and pending permits. 3.0 Florida Gopher Tortoise Permit Application Using the results of the previously completed survey, complete and submit the appropriate gopher tortoise relocation permit application to the FFWCC. One (1) copy of the permit application and associated submitted documentation wilt be submitted to the Client for their review and file. FFWCC and Mitigation Bank fees associated with the application submittal and tortoise relocation will be provided by the Client, and have not been included in this proposal. 4.0 Florida Gopher Tortoise Excavation and Relocation Assist the Client in the off -site relocation of the Florida gopher tortoises anticipated to inhabit the site based on tortoise survey completed. Provide an FFWCC Authorized Agent experienced in tortoise removal and relocation to complete the excavation of the burrows identified during the course of the survey completed. Additionally, this Scope of Services has included costs associated with retaining a backhoe and operator experienced in gopher tortoise burrow excavation, for up to three (3) days to complete the relocation. It should be noted that should relocation extend beyond this timeframe due to circumstances beyond the control of ENTRIX, these additional subcontractor costs will be billed to Exhibit 'A' Page 2 the client as additional services. ENTRIX will provide the Client with a letter summarizing the work completed and details regarding any commensal species that may be encountered during the course of the excavation. ENTRIX will transport and relocate tortoise(s) extracted from the on site burrows to the FFWCC approved recipient site based on the conditions outlined in the FFWCC permit issued for the site. ENTRIX will prepare and submit to FFWCC all required data associated with the relocation efforts. Please note that the recipient site requires a fee for relocation of the tortoise, which has been included in the cost detaled below. 5.0 Assumptions of the Proposal 5.1 This Scope of Services is intended to provide an analysis of the existing site conditions and environmental permitting exposure for the project. This scope does not include listed species survey beyond what has been specified in the above proposal, or environmental permit preparation and/or submltal. 5.2 This Scope of Services does not indude meetings with the Client or agency personnel beyond those specified. Additional meetings attended by ENTRIX will be bled on a time and materials basis using the rate schedule attached to this proposal. For this proposal the rates of the Staff Consultant and Senior Project Consultant will be applicable. 5.3 This Scope of Services does not include agency fees associated with tortoise permitting or Mitigation Bank fees associated with relocation. These fees are to be the responsibility of the Client. /cab File#0850 (Work Authorization#1 i ibit A 10-0203.doc) AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE EXTENSION OF POWERLINE ROAD FROM MAIN STREET TO CR -512 THIS AGREEMENT is entered into this (OTM day of Jura 2009 by and between CITY OF SEBASTIAN, a Florida municipal corporation, hereinafter referred to as the "CITY ", and MASTELLER & MOLER, INC., 1655 27th Street, Suite 2, Vero Beach, FL 32960, hereinafter referred to as the "ENGINEER ". WITNESSETH That the CITY and the ENGINEER, in consideration of their mutual covenants, herein agree with respect to the performance of professional engineering services by the ENGINEER, and the payment for those services by the CITY, as set forth below. The ENGINEER shall provide the CITY with professional engineering services and such other related services as called for in designing and constructing the project known as "THE EXTENSION OF POWERLINE ROAD FROM MAIN STREET TO CR- 512", hereinafter referred to as the "PROJECT ". The ENGINEER shall serve as the CITY'S professional representative for the PROJECT in concert with City Staff and shall give professional advice to the CITY during the performance of the services to be rendered and as to the fulfillment of the PROJECT. The ENGINEER is retained by the CITY to perform these consulting services under this contract agreement with the CITY and shall be considered under law as the Engineer -of- Record for the PROJECT. SECTION I — SCOPE OF SERVICES The Scope of Services shall be further identified more specifically in "Exhibit A" as prepared by the ENGINEER in conjunction with and approved by the CITY. In general, the ENGINEER agrees to perform all necessary professional engineering services, project design services, construction phase services, and other services in connection with the PROJECT as required and as set forth in the following: PROJECT LIMITS - The Project Limits include the following parcels of land owned by the City of Sebastian commonly referred to as Powerline Road: 31-38-01-0000-2000-300000.0 31-38-01-0000-2000-400000.0 31-38-01-0000-2000-500000.0 31-38-01-0000-2000-600000.0 31-38-01-0000-2000-600000.0 31-38-01-0000-0700-000001.3 30-38-30-0000-3000-000000.5 In addition, the project limits include the adjacent rights -of -ways of Lime Avenue, Orange Avenue, and Roy Avenue between Powerline Road and Columbus Street as well as the portion of Indian River County School Board lands currently used as access from County Route 512 to the Sebastian Elementary School site; and parcels of land determined to be required for stormwater management or right -of -way if not already owned by the City. The project limits also includes portions of County Route 512 and Main Street adjacent to the intersection of Powerline Road. The intent of the project limits is to generally define the location of the project, not to strictly define the work for the purpose of compensation, if the project limits enlarge, or decrease as the work under this agreement proceeds, unless such change clearly increases the amount of work under the agreement, or introduces new work items not contemplated under this agreement. PROPOSED IMPROVEMENTS: The proposed improvements planned for the Project are generally described as follows: Two (2) Lane Paving, Bike Path, Sidewalk, Stormwater, and Street Light Improvements to Powerline Road between CR -512 and Main Street. (The Scope is based on the assumption that the existing roadway improvements completed by the Indian River County School Board will be used as the southern alignment for Powerline Road connection to CR 512).; Two (2) Lane Paving, Sidewalk, and Stormwater Improvements to Orange Avenue between Powerline Road and Columbus Street; Bikepath and/or Sidewalk Improvements along Lime Street between Powerline Road and Columbus Street. Stormwater improvements within the triangular parcel of land bounded by Powerline Road's existing alignment, the CR 512 north right -of -way line, and the adjacent Sebastian Highlands Unit 1 platted subdivision. Landscaping improvements along the west side of Powerline Road to provide a buffer for the existing Sebastian Highlands single - family lots abutting the project limits. In order to complete this project, we propose to utilize sub - consultants for specialized design and construction services. The sub - consultants to be used for this project are: A. Masteller, Moler, Reed & Taylor, Inc. for land surveying services; B. KSM Engineering & Testing, Inc. for geotechnical services; C. Entrix, Inc. for environmental services; D. Land Design South for traffic engineering services; E. Treasure Coast Engineering, Inc. for electrical engineering services. The traffic engineering services will involve analyses to determine if any turn lane improvements are necessary at the intersections of Powerline Road with either Main Street and/or County Route 512. In the event turn lanes are recommended in the analyses, the design and permitting services for these improvements will be provided as Additional Work. During the performance of this Contract, the services shall be completed in conformance with the following general requirements: 1. The ENGINEER will endeavor not to duplicate any previous work done on any project. Before written authorization to proceed, the ENGINEER shall consult with the CITY to clarify and define the CITY'S requirements for the PROJECT and review all available data. 2. The ENGINEER shall attend conferences with the CITY and its representatives, upon request. 3. In order to accomplish the work described under this Agreement within the time frames and conditions set forth in this Agreement, the ENGINEER shall observe the following requirements: a. The ENGINEER shall complete his work on the PROJECT within the time allowed by maintaining an adequate staff of registered engineers, certified operators, draftpersons, and other employees on the work at all times. b. The ENGINEER shall comply with all federal, state, and local laws applicable to the PROJECT. The ENGINEER'S work product shall conform with all applicable federal, state and local laws applicable to this project(s). c. The ENGINEER shall prepare all necessary sketches, permit application drawings, and complete all application forms to accompany the CITY's applications for any required federal, state, or local permits. The ENGINEER shall reply to all permitting agency's requests for additional information related to a permit application. d. The ENGINEER shall cooperate fully with the CITY in order that all phases of the work may be properly scheduled and coordinated. e. The ENGINEER shall send the appropriate quantities of complete preliminary sets of construction plans to any city, county, state or federal regulatory agency from which a permit or other approval is required, prior to fmal approval of the design by the City Staff, and shall coordinate the project design with all agencies f. The ENGINEER shall contact all utility companies having installations in the vicinity of the proposed work and consider relocation of utilities, if necessary. The ENGINEER shall provide the CITY with all known information relative to any required utility adjustments, relocations and installations, and shall show all known above and below ground utilities on the final design plans. g. The ENGINEER shall report the status of this PROJECT to City Staff upon request and hold all drawings, calculations, and related work open to the inspection of City Staff or the CITY's authorized agent(s) at any time, g. upon reasonable request. The ENGINEER shall be considered the Engineer -of- Record for the PROJECT in accordance with all legal and administrative requirements and criteria. 4. The ENGINEER shall furnish additional copies of reports, drawings, specifications, bidding and construction , contract documents, and other pertinent items as required by federal, state and local agencies from which approval of the PROJECT must be obtained, prospective bidders, material suppliers, and other interested parties, but may charge only for the actual cost of providing such copies. The ENGINEER shall furnish to the CITY the necessary number of sets of the drawings, bidding and construction contract documents, specifications, reports, and other pertinent items required by the PROJECT. The cost of these sets of documents are not included in the basic compensation paid to the ENGINEER, but will be paid as a direct expense. All original documents, survey notes, field books, tracings, and the like, including all items furnished to the ENGINEER by the CITY pursuant to this Agreement, are and shall remain the property of the CITY, and shall be delivered to the CITY upon completion of work. All items prepared by the ENGINEER shall be created, maintained, updated, and provided in the format as approved by the CITY. 5. All construction drawings prepared by the ENGINEER shall be of sufficient detail to permit the actual location of the proposed improvements on the ground by a third party (i.e. the third party shall be able to accurately locate the proposed improvements on the ground using only the information contained in the ENGINEER'S drawings). 6. The ENGINEER acknowledges that preparation of all applicable permits for the CITY'S submittal to governmental regulatory agencies, and the ENGINEER'S written responses to all regulatory agencies' questions, are included within the scope of basic compensation in this Agreement. Any additional work required by regulatory agencies which establish such regulations after the effective date of this Agreement, shall be an additional service, and the CITY shall compensate the ENGINEER in accordance with Section VI - "Additional Work," of this Agreement, and in accordance with the fee schedule in an approved Work Order. Approval by the CITY shall be required prior to commencement of any additional work. 7. If the CITY proposes to construct the improvements in a phased manner, the ENGINEER shall prepare detailed master plan drawings as required by the PROJECT. Separation of the project into phases shall be considered additional work. 8. Compensation to the ENGINEER for basic services shall be in accordance with "Exhibit A" attached as mutually agreed upon by the ENGINEER and the CITY. A schedule of approved hourly billing rates is included in "Exhibit A" attached. SECTION II - CITY OBLIGATIONS The CITY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement. A. The CITY to provide the ENGINEER with a copy of any pertinent preliminary data or reports available to the CITY. B. The CITY to provide the ENGINEER with all available drawings, surveys, right -of -way maps, and other documents in the possession of the CITY that are pertinent to the PROJECT. C. The CITY shall be responsible for obtaining only those permits delineated in the scope of services, or those required to complete the project, only if such permit requirements are made into law and established by regulatory agencies after the effective date of this Contract Agreement. D. The CITY shall make all provisions for the ENGINEER to enter upon public or private property as reasonably required for the ENGINEER to perform its services. E. The CITY will promptly execute all completed permit applications and pay any applicable application fees necessary to expedite the acquisition of any local, state or federal permits made necessary by the PROJECT. SECTION III - TIME FOR COMPLETION The time for completion of the work under this Agreement is included in "Exhibit A" attached. SECTION IV — COMPENSATION The CITY agrees to pay, and the ENGINEER agrees to accept, for services rendered pursuant to this Agreement, fees in accordance with the following: A. Professional Services Basic Fees The basic compensation for Professional Services is set forth in "Exhibit A" attached. Any compensation for any extra work shall be mutually agreed upon by the ENGINEER and the CITY prior to issuance of a Work Order for same and the amount shall be included in such Work Order to be formally approved by the CITY. B. Sub - Consultant Services Fees Compensation for Sub - Consultants is set forth in "Exhibit B" attached. C. Reimbursable Expenses Printing and Reproduction. The CITY shall make direct payment to the ENGINEER for the cost of copies, printing project plan sheets and reports, permit applications, and postage. The maximum cost allowed for reimbursable expenses for printing and reproduction is set forth in "Exhibit A" attached. Travel Expenses. CITY does not foresee nor intend paying ENGINEER any travel expenses under this Agreement. Any such payment shall not be made except as specifically authorized in extraordinary circumstances by prior approval of the CITY and, in any such case, bills for any such prior approved travel expenses shall be submitted in accordance with the CITY travel policy as adopted by Resolution. SECTION V - ADDITIONAL WORK Additional work occurs when the CITY requests changes after it has formally approved this Agreement and/or a Work Order related to this Agreement. Additional work shall not commence until a further Work Order for the additional work has been formally issued by the CITY, and the additional work shall be performed in accordance with the fee schedule set forth in that further Work Order. SECTION VI — PAYMENTS The CITY shall make monthly partial payments to the ENGINEER as provided for in this Agreement. Unless otherwise stated in an approved Work Order related to this Agreement, the ENGINEER shall submit duly certified monthly invoices to the CITY MANAGER or such City Staff or City Representative as designated by the CITY MANAGER. The Agreement shall be divided into units of deliverables, which shall include, but not be limited to, reports, findings, drawings, and drafts, that must be received and accepted by the CITY MANAGER prior to payment. SECTION VII - RIGHT OF DECISIONS All services shall be performed by the ENGINEER to the satisfaction of the CITY MANAGER who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement, according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof. The CITY MANAGER'S decision upon all claims, questions, and disputes shall be final, conclusive, and binding. Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the CITY MANAGER, and require that a Change Order be processed in accordance with the CITY'S legal and administrative procedures. If the ENGINEER does not concur in the judgment of the CITY MANAGER as to any decisions made by him or her, it shall present written objections to the City Manager, who shall make a decision, and the ENGINEER shall abide by the City Manager's decision. SECTION VIII - OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership and Copyright Ownership and copyright of all reports, tracings, plans, specifications, field books, survey information, maps, contract documents, and other data developed by the ENGINEER pursuant to this Agreement, shall be vested in the CITY. Said materials shall be made available by the ENGINEER at any time upon request of the CITY. On or before the tenth day after all work is complete, all of the above materials shall be delivered to the CITY MANAGER. B. Reuse of Documents All documents, including but not limited to reports, drawings and specifications, prepared by the ENGINEER pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the CITY or others on extensions of this project or on any other project. The CITY'S reuse of any document or drawing shall be at the CITY'S own risk. SECTION IX — NOTICES Any notices, reports or other written communications from the ENGINEER to the CITY shall be considered delivered when posted by certified mail or delivered in person to the CITY MANAGER. Any notices, reports or other communications from the CITY to the ENGINEER shall be considered delivered when posted by certified mail to the ENGINEER at the last address left on file with the CITY or delivered in person to said ENGINEER or its authorized representative. Any notices in either direction made by email transmittal shall be considered delivered as of the time of transmittal upon confirmation of the receipt of such email transmittal. SECTION X — TERMINATION Either party may terminate this agreement upon seven (7) days' written notice to the other party, except that in the event ENGINEER terminates this agreement such termination shall not be effective, absent the CITY'S consent, until ENGINEER'S completion, to the CITY'S satisfaction, of any work pending under this Agreement and/or under any Work Order related to this Agreement. SECTION XI - AUDIT RIGHTS The CITY reserves the right to audit the records of the ENGINEER related to this Agreement at any time during the prosecution of the work included herein and for a period of three years after final payment is made. SECTION XII — SUBLETTING / OUTSOURCING / TRANSFER The ENGINEER shall not sublet, assign, outsource, or transfer any work under this Agreement without the written consent of the CITY. When applicable and upon receipt of such consent in writing, the ENGINEER shall cause the names of the engineering and/or surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. Any such assignment / outsourcing shall not release the ENGINEER from its role, duties, responsibilities, and obligations as Engineer -of- Record for the PROJECT. SECTION XIII — WARRANTY The ENGINEER warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the ENGINEER, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the ENGINEER any fee, commission, percentage fee, gift(s) or any other considerations, contingent upon or resulting from the award or making of this Agreement. For the ENGINEER'S breach of violation of this warranty, the CITY shall have the right to annul this Agreement without liability. SECTION XIV - DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of five years after the date of execution thereof, or until completion of all project phases as defined by the CITY MANAGER, whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section X. SECTION XV — INSURANCE At least ten days prior to commencement of the first work authorization, ENGINEER shall provide the CITY with a certificate of insurance from a company rated A+ VII or better, per the Best's Key Rating Guide for the following: 1) Worker's Compensation — Coverage to apply to all employees for Statutory Limits in compliance with the applicable state and federal laws. In addition, the policy must include Employer's liability with a limit of $1,000,000 each accident and disease. 2) Commercial General Liability — Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial General Liability Policy, on an occurrence basis, filed by the Insurance Services Office and must include: a. Minimum limits of $1,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Premises and Operations. c. Independent Contractors d. Products and completed Operations — Consultant shall maintain in force until at least five (5) years after completion of all services required under the Contract, coverage for products and completed operation. e. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. 3) Business Auto Policy — Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and must include: a. Minimum limits of $1,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Owner Vehicles c. Hired and Non -Owned Vehicles. 4) Professional Liability — The Consultant shall maintain a professional liability insurance policy in the amount $1,000,000 during the term of this Contract. Such coverage shall be maintained for a period of five (5) years following completion and acceptance of any work performed under this agreement. In the event the Consultant fails to secure and maintain such coverage, Consultant shall be deemed the insurer of such professional liability insurance and shall be responsible for all damages suffered by the City as a result thereof, including attorney's fees and costs. In the event an atypical large -scale project is proposed, the individual work order for the project may designate that a higher liability policy be obtained. 5) Additional Insured — The City is to be specifically included as an additional insured. Consultant's insurance including that applicable to the City as an Additional Insured shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contribute with Consultant's insurance. Consultant's insurance shall contain a severability of interest provision, providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured in the same manner as if separate policies had been issued to each. 6) Notice of Cancellation and/or Restriction — Each policy must be endorsed to provide the City with a minimum of forty-five (45) days notice of cancellation and/or restriction. 7) Certificates of Insurance — Certificates of insurance evidencing the Insurance coverage specified in this section shall be filled with the City before operations are begun. The required certificates of insurance shall name the types of policies provided. If the initial insurance expires prior to the completion of the work, renewal certificates of insurance and required copies of policies shall be furnished thirty (30) days prior to the date of their expiration. SECTION XVI — INDEMNIFICATION The ENGINEER shall Indemnify and hold harmless the CITY, and the CITY's 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 ENGINEER and other persons employed or utilized by the ENGINEER in the performance of this contract. The CITY shall Indemnify and hold harmless the ENGINEER, and the ENGINEER'S officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the active negligence, recklessness, or intentionally wrongful conduct of the CITY and other persons employed or utilized by the CITY in the performance of this contract. SECTION XVII — SAFETY The ENGINEER is responsible for safety training for the ENGINEER'S employees and their activities on the CITY'S property and construction sites. However, in accordance with generally accepted practices, the ENGINEER may report any observed job site safety violations to the CITY. SECTION XVIII - CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. The parties hereto specifically waive any and all rights to trial by jury. SECTION XIX - ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. SECTION XX — SEVERABILITY In the event any provision, section, or paragraph of this Agreement is determined by a court of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not found to be void, illegal, or unenforceable, shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed these presents this IcP day of J4 ,2009. ATTEST (SEAL): Sally A. City Clerk o, CMC Approved as to form and legality for reliance by the City of Sebastian only: , City Attorney FOR ENGINEER: Masteller & Moler, Inc. Attest: (seal) FOR THE CITY OF SEBASTIAN B By: Stephen E. Moler, P.E. Title: Vice President EXHIBIT "A" SCOPE OF SERVICES AND FEES Basic Services to be provided by ENGINEER Masteller & Moler, Inc. GENERAL During the course of execution of this Contract, the ENGINEER shall complete the project scope of services in accordance with the following: A. DEFINITIONS - The following meanings are attached to the descriptions for the various deliverable items: Preliminary - Means sufficient detail and information is provided to show that the proposed feature is feasible to construct according to the recognized standards in effect for the project. Ordinarily, this would include horizontal alignment and sufficient vertical alignment to meet the feasibility test. All existing topographical information is to be provided. Complete - Means plans are complete to the same degree as for construction plans, but changes are anticipated prior to construction plans, or could occur prior to construction plan preparation. Final - Means plans or specifications are correct and complete for construction and meet the standards in effect for the project, or any deviations there from have been approved by the CITY, no changes are anticipated, or changes are unlikely. B. STANDARDS - The Standards for the project shall be the current Florida Department of Transportation Design Standards, The state of Florida Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, and current AASHTO design Manual's appropriate for the work involved C. SUB - CONSULTANT SERVICES - The ENGINEER CONSULTANT shall arrange for and obtain Sub - consultants to perform specialized services for this project including land surveying services, geotechnical investigations, environmental services, traffic engineering services and electrical engineering services. The ENGINEER CONSLTANT will arrange for all such sub - consultants as a part of the basic services without additional charge beyond the basic fee; however, the actual cost of the sub - consultants services multiplied by 115% shall be treated as a direct cost to the ENGINEER and paid for by the CITY. The scope of work to be provided by each sub - consultant for this project is described in Exhibit "B ". D. PERMIT APPLICATIONS - The ENGINEER shall prepare all necessary local, state, and federal permit applications for signature by the CITY and provide all necessary data to acquire all permits. All permits required by regulatory agencies for the construction of the project which are required by law as of the effective date of this Agreement shall be prepared by the ENGINEER and constitute a part of basic services for which the ENGINEER shall receive the basic fee. Application fees are not included in ENGINEER'S fees and shall be paid directly to applicable permitting agencies by the CITY. The following applications are included in the Basic Services: 1. St. Johns River Water Management District (SJRWMD) Environmental Resource Permit (ERP); 2. Army Corps of Engineers Culvert Permit; 3. Indian River County Right -of -way Permit It is understood that the Basic Services Scope and Fee includes preparation of complete applications, coordination with the permitting personnel, and responding to Requests for Additional Information (RAI's) to obtain the above listed permits, with the exception that designs for mitigation for wetland impacts and/or threatened & endangered species impacts is not included within the basic services scope. The Environmental Services to be provided under a sub - consultant contract is to be completed to identify potential wetland and threatened and endangered species that may be impacted as a result of this project's construction. It is agreed that the Basic Services scope of work does not include preparation of permit applications under Federal or State agencies' Wetlands and /or Threatened and Endangered Species Acts as the Project's potential impacts cannot be clearly defined at this time. Fee for these services will be addressed as Additional Work as covered under Section V of this Contract. E. CONTRACT DOCUMENTS - The contract documents furnished by the ENGINEER shall utilize the CITY's standard construction contract documents, including supplemental and general conditions, as well as forms for contract change orders and partial payment estimates. FDOT standard indexes and standard specifications shall be used, as may be modified with CITY approval. Special Provisions will be as approved by the CITY. F. PUBLIC INFORMATION MEETINGS - The ENGINEER will attend up to 3 public information meetings to be held at a time and place to be determined by the CITY and make presentations relevant to the design and affect of the improvements on the community and property owners. The ENGINEER will answer questions from the public regarding the project as given by citizens, or interested groups. DELIVERABLES Under the Basic Scope of Services and Basic Fee, the ENGINEER shall prepare the following Deliverables for the Project: 1) Construction Plans: Construction Plans shall consist of the Plan Sheets listed in the Schedule of Deliverable Documents (Exhibit "C ") and shall include but not be limited to the performance of specific work and preparation of details as follows: A. Maintenance of traffic as per FDOT standards B. Erosion control as per FDOT and SJRWMD standards C. Clearing and grubbing delineation D. Earthwork limits E. Typical sections F. Seeding and/or sodding G. Signing and marking design per FDOT standards H. Sidewalks I. Bike Paths J. Testing materials including specifications for testing K. Drainage structures, culverts, curb /gutter, etc. Plans shall be prepared in a manner consistent with the Florida Department of Transportation Roadway Plans Preparation Manual as applicable. 2) Stormwater Management Report: To substantiate that the project design meets CITY and SJRWMD applicable stormwater regulations for treatment and attenuation of runoff, designs and reports will be prepared to substantiate that the construction of the Powerline Road Roadway Improvements contains stormwater management facilities to convey, treat and attenuate, as applicable, the runoff from the project. It is anticipated that the stormwater management facilities will be dry retention systems within the right -of -way of Powerline Road and /or on a parcel of land to be acquired by the CITY directly adjacent, or in close proximity to the Powerline Road right -of -way. 3) Permit Applications: The ENGINEER shall prepare for execution by the CITY application forms for permits to be applied for under the Basic Services scope. 4) Contract Specifications and Bid Documents; 5) Construction Cost Estimates to be submitted at the 30 %, 60 %, 90% and 100% Design Phases. DESIGN PHASES During the execution of this project, the ENGINEER will provide to the CITY progress work at the 30 %, 60 %, 90% and 100% Design Phases. The scope of work and deliverables to be provided at each Design Phase are described as follows: 30% Design Phase: Preparation of the plan sheets shown in Exhibit C -1, Schedule of Deliverable Items: 1) The ENGINEER shall perform sufficiently detailed field surveys required for the design and preparation of 30% design plans and right -of -way maps for the project, 2) The ENGINEER shall visit the site of the proposed work and become thoroughly familiar with all conditions affecting the work. 3) The ENGINEER shall review the preliminary work with any local, state, or federal agency having an interest in the project. The ENGINEER shall provide preliminary engineering data, including sketches, drawings and recommendations regarding type of roadways and drainage systems. 4) The ENGINEER shall prepare preliminary plans of the project showing the location of all pavement, drainage facilities, structures, curbs, pedestrian and bikeway facilities and related improvements for approval by the City Manager prior to commencing with subsequent phases. The preliminary plans shall show the limits of all right -of -way and easements to be acquired by the CITY for the project. The plan shall indicate the properties sought to be acquired, together with a property owners list for same. The preliminary design shall show in plan view all existing utilities in the rights -of -way and proposed relocation of same. 5) The ENGINEER shall prepare an itemized preliminary cost estimate to be submitted to the City Manager along with the preliminary plans. 6) The preliminary cost estimate shall be submitted to the City Manager within 90 Calendar Days of the date of the NOTICE TO PROCEED the work. 60% Design Phase: Preparation of the plan sheets shown in Exhibit C -2, Schedule of Deliverable Items: 1) Those items shown in Exhibit C -2 Schedule of Deliverable Items for the Phase 2 60% Design Phase. 2) After the Phase 1 30% plans have been reviewed and approved by the CITY, upon written authorization of the City Manager, the ENGINEER will proceed with the Phase 2 60% design phase as follows: 3) The ENGINEER shall perform sufficiently detailed field surveys required for the design and preparation of 60% design plans and right -of -way maps for the project. 4) The ENGINEER shall prepare right -of -way maps and legal descriptions for each parcel of property which is to be acquired. Final right -of -way maps and legal descriptions shall be submitted to the CITY before approval of the 60% design phase is given, unless an exception is given in writing by the CITY. 90% Design Phase: Preparation of the plan sheets shown in Exhibit C -3, Schedule of Deliverable Items: 1) Those items shown on Exhibit C -3 Schedule of Deliverable Items for the Phase 3 90% Design Phase. 2) The ENGINEER shall prepare complete designs for the project and prepare detailed drawings for the roadways and drainage structures contained within the project limits. 3) The ENGINEER shall prepare complete contract documents, including specifications, suitable for bidding and construction of the project. 4) The ENGINEER shall submit to the City Manager one (1) final set of check prints (24" x 36 ") for the project and one (1) set (11" x 17 "). The City Manager shall expeditiously review the final check prints and indicate thereon any revisions requested. The ENGINEER shall make any revisions requested by the CITY. 100% Design Phase: Preparation of the plan sheets shown in Exhibit C-4, Schedule of Deliverable Items: 1) After all corrections noted in the 90% submittal are complete and the cost estimate is complete, the plans, contract documents and specifications are considered 100% complete. The ENGINEER shall prepare plans for the project as set out by Exhibit C-4, Schedule of Deliverables including four (4) sets of prints (24" x 36 ") for the project and four (4) sets (11" x 17"). 2) Prior to the advertisement for bids by the CITY, the ENGINEER will provide, not to exceed four twelve (12) copies of detailed drawings, specifications, and contract documents for use of the CITY and appropriate federal, state and local agencies from who approval of the project must be obtained. BIDDING SERVICES Upon acceptance of the plans and contract documents prepared in the final design phase by the City Manager, the ENGINEER shall provide services associated with the bidding phase, as follows: 1) Attend the pre -bid conference and interpret and clarify plans and specifications as needed at the pre -bid meeting and during the bidding process. 2) Tabulate the bid proposals 3) Make an analysis of the bids Make recommendations to the CITY for awarding the contract for construction. The ENGINEER should be ready to provide factual reasons and evidence to the City Council for not awarding the bid to the lowest bidder if the apparent low bidder is not qualified, or for some other reason such award would not be in the best interest of the CITY. CONSTRUCTION PHASE SERVICES 1) The ENGINEER shall check and approve any necessary shop and working drawings furnished by contractors. 2) The ENGINEER shall interpret the intent of the drawings and specifications to protect the CITY against defects and deficiencies in construction on the part of the contractor. The ENGINEER, however, shall not guarantee the performance of work by any contractor. 3) Review Contractor's progress schedule and shop drawings. Attend meetings with the Contractor when the intent, meaning, or clarity of the plans is in question. 4) ENGINEER shall perform sufficient on -site construction observation in order to confirm that the Contractor is performing quality work and to allow for the Engineer -of- Record to certify that the project has been properly completed. 5) ENGINEER shall submit Engineer's Certificates of Completion to permitting agencies involved in this project based on as- builts and test results to be provided by the selected Contractor. SCHEDULES 1) Time for Performance - The ENGINEER shall deliver the following items according to the schedule set out below: All Items included in the Phase 1 30% Design Phase within 120 calendar days from the date of the Notice to Proceed. All Items included in the Phase 2 60% Design within 60 calendar days from the date of the receipt of 30% comments from the CITY. All Items included in the Phase 3 90% Design within 90 calendar days from the date of the receipt of 60% comments from the CITY. All Items included in the Phase 4 100% Final Design Phase within 45 calendar days from the date of the receipt of 90% comments from the CITY. 2) Conditions under which the above Schedule is based. The CITY shall return all review submittals for each phase complete with all comments and mark -ups within fourteen (14) calendar days of receipt of the item in the CITY's office. 3) Failure to Perform in a Timely Manner AS TIME IS OF THE ESSENCE, the CITY may, in its sole discretion, consider any failure to meet a scheduled time for submittal of a completed Deliverable Item, a material breech of this agreement and terminate the Agreement. In the event of such occurrence all files, surveys, reports, completed and uncompleted plans and other documents done or assembled under this contract shall be turned over to the CITY within seven (7) days of notice of the termination of this agreement by the CITY. Notice, for the purpose of termination shall be considered given by either U.S. Mail, or by hand delivered written notice by the CITY Public Works Director. COMPENSATION The fees for the Basic Services to be provided for this Project by the ENGINEER shall be lump sum as follows: Basic Services Design $ 81,900.00 Permitting $ 9,100.00 Bidding $ 3,000.00 Construction Services $ 42,500.00 Total $ 136,500.00 ADDITIONAL SERVICES It is anticipated that Additional Services may required for completion of the Project. Those services may be negotiated on a lump sum basis or based on the schedule of hourly rates listed as follows: Principal of Firm $175.00 /hr. Professional Engineer $130.00 /hr. Project Manager $110.00/hr. CAD Draftsperson /Designer $ 90.00 /hr. Inspector $ 85.00 /hr. Administrative (Typing, etc.) $ 60.00/hr This Contract includes the services of an Environmental Sub - Consultant. The Environmental scope of services includes determining if wetlands, surface waters and threatened & endangered species exists along the Powerline Road route that may be impacted by the project improvements. This scope of service does not include any mitigation designs and/or permitting related to impacts to these resources. In the event these resources are determined to be impacted, the cost for mitigation designs, permitting, and construction services are considered Additional Services. This Contract includes the services of a Traffic Engineering Sub - Consultant. The Traffic Engineering scope of services is intended to make recommendations regarding the need for tum lane improvements at Powerline Road's intersection with both Main Street and County Route 512. This scope of service does not include the design of any tum lane improvements at either of these intersections. In the event the Traffic Engineering scope of services recommends turn lane improvements at either intersection, the cost for design, permitting, and construction services for these improvements are considered Additional Services. REIMBURSABLE EXPENSES 1) Print Costs All photo copies, prints and facsimile transmissions will be billed at the following rates: Photo copies 8W x 11" $0.25 /sheet; photo copies 8W x 14" $0.35 /sheet; photo copies oversized $0.50 /sheet; blue line prints $0.333/SF; reproducible sepias $0.75/SF; reproducible mylars $4.40 /SF; facsimile transmissions 8%"x 11" $1.50 /page, 8h" x 14" $1.75 /page, disks $5.00 and CD's $10.00. 2) Miscellaneous - Express Mail & Telephone If at any time information must be transmitted by express mail, these charges will be included on your monthly invoice at actual invoice cost. In addition, reimbursement for expenses such as telephone will be at actual costs incurred. EXHIBIT "B -1" SCOPE OF SERVICES AND FEES Task 1: Surveying Services Masteller, Moler, Reed & Taylor, Inc. SCOPE OF SERVICES Perform Right of Way and Topographic Survey and related surveying services for property located in Indian River County and lying in Section 01, Township 031 South, Range 038 East and identified as Powerline Road Roadway Project and includes the following: Project Limits: The limits of this project is defined as Powerline Road from County Road 512 north to Main Street. Project includes the side streets of Orange Avenue, Lime Avenue and Roy Avenue to and including 200 feet each direction along Columbus Street. Limits also include County Road 512 and Main Street, 1000 feet in each direction from Powerline Road. Task 1A: 1. Establish and recover existing horizontal and vertical control. Horizontal control shall be based upon the State Plane Coordinate System, North American Datum, 83/1990 adjustment. Vertical control shall be based upon the National Geodetic Vertical Datum of 1929. 2. Field locate existing monumentation along the route to establish right of way and project baseline. Monument proposed baseline at maximum 1,000 foot intervals and tie into existing horizontal control. The baseline shall be used to control the horizontal aspects of the project. 3. Perform bench run and establish benchmarks at 1,000 foot intervals along the route. Benchmarks shall be used to control the vertical aspects of the project. 4. Locate and identify all visible topographic features along the route. (ie: pavement, power poles, ditches, culverts, etc.) 5. Perform cross sections at 100 foot intervals along the project route. Perform as necessary, additional cross sections where significant physical features exist. All sections will extend 50 feet beyond the existing right of way lines 6. Locate and identify all specimen trees 6" or larger with the project limits. 7. Locate wetland jurisdictional lines, flagged by others, and calculate area as required for sign off by SJRWMD and the Army Corps of engineers. 8. Prepare right of way and topographic survey in the form of a base map for engineering design. 9. Upon completion, provide five paper copies and one digital file. Task 1B: 10. Prepare legal description and sketch and perform boundary survey for one (1) parcel of land to be acquired by the City for additional right of way across School Board property. Provide five copies and a digital file upon completion. Task 1C: 11. Perform boundary and topographic survey of parcel to be acquired by the City for stormwater management purposes. Provide five copies and a digital file upon completion. LUMP SUM FEES The lump sum fees for the above described scope of services are as follows: Task 1 for a lump sum fee of Task 2 for a lump sum fee of Task 3 for a lump sum fee of $ 18,900.00 $ 900.00 $ 1,500.00 $ 20,300.00 EXHIBIT "B -2" SCOPE OF SERVICES AND FEES Task 2: Environmental Services ENTRIX, Inc. SCOPE OF SERVICES Evaluation of jurisdictional wetlands and listed species requirements related to potential impacts associated with improvements to Powerline Road, between Main Street and C.R. 512, located in Sebastian, Florida. Task 2A: Site Review and Land Use Mapping ENTRIX will ground truth and photo- interpret the vegetative associations along the construction corridor using available aerial photography. This data will be used to generate a Level IV FLUCFCS map to be used for project permitting purposes and wildlife habitat assessments. Task 2B: Wetland /Surface Water Assessment Based on past experience in the area, it is not anticipated that jurisdictional wetlands will be found within the corridor limits. Regulated surface waters (i.e. ditches, swales, canals, etc.) may be present. ENTRIX will confirm this preliminary assessment through ground - truthing to identify the landward extent of wetlands and /or surface waters that may be located within the corridor limits. The landward limits of regulated surface waters will be delineated in the field for location by others. If observed, the approximate limit of any wetland areas identified will be delineated on current aerial photography based on criteria set forth by the U.S. Army Corps of Engineers (USACE), the St. John's River Water Management District (SJRWMD), and local government (City of Sebastian). Applications for possible roadway improvements will not be submitted prior to the completion of this evaluation; therefore, the availability of regulatory staff to review the findings of this assessment cannot be confirmed. However, this proposal has included one field meeting each with SJRWMD and USACE staff, if pre - application meetings are able to be scheduled, to review any delineations completed and provide an overview of the project data collected. Task 2C: Listed Species Evaluation ENTRIX will utilize the FLUCFCS map generated within Section 2A to identify the potential habitat within the roadway corridor that may be utilized by State and /or federally listed wildlife species. Using this data, ENTRIX will generate a summary of potential listed wildlife species that may occur within the project limits. ENTRIX also will research existing databases to identify listed species, which are recorded as occurring within the vicinity of the project limits. ENTRIX will complete a pedestrian reconnaissance of the corridor to evaluate the potential habitat and identify signs of listed wildlife species that may be observed. It is anticipated that the regulating agencies will request this information as part of project approval. A summary of the listed and non - listed wildlife species observed on the site during the course of site reconnaissance will be described in the letter report prepared in Task 2E. Task 2D: Local Govemment Ordinances ENTRIX will research existing databases to determine if there are local government ordinances regulating potential development impacts to native trees, wetlands, listed species, or upland habitats that may affect project planning and design. The results of this research will be incorporated into the letter report described within Task 2E. Task 2E: Project Design Assistance and Coordination ENTRIX will prepare a letter report summarizing the wetland and upland assessment, the listed species data and outlining general permitting requirements based on the regulatory constraints apparent during our field work. ENTRIX will attend up to three (3) meetings with the Client and City staff to discuss the findings of survey completed, as well as to provide design assistance and coordination. ASSUMPTIONS OF THE PROPOSAL This Scope of Services is intended to provide an analysis of the existing site conditions and environmental permitting exposure for the project. This scope does not include listed species survey beyond what has been specified in the above proposal, or environmental permit preparation and /or submittal. This Scope of Services includes field delineation of surface waters only; field delineation of jurisdictional wetlands, or corresponding survey of flagged wetland limits has not been included in this proposal, as these services are not anticipated to be needed. This Scope of Services does not include meetings with the Client or agency personnel beyond those specified above. Additional meetings attended by ENTRIX will be billed on a time and materials basis using the rate schedule attached to this proposal. RESPONSIBILITIES OF THE CLIENT Client will provide copies of any site information (e.g. legal description, boundary survey, land use /zoning designation) that may be required. Client will provide complete copies of any previous regulatory agency wetland survey(s), wetland delineation information, written verifications, agency correspondence, and previous site plans showing wetland delineations in his possession. LUMP SUM FEES The lump sum fees for the above - described scope of services are as follows: Tasks 2A — 2E for a lump sum fees of $ 3,910.00 EXHIBIT "B -3" SCOPE OF SERVICES AND FEES Task 3: Geotechnical Services KSM Engineering & Testing, Inc. SCOPE OF SERVICES TASK 3A 1. Perform eleven (11) soil borings: seven (7) to depth of 10' in the proposed pavement area and four (4) in the water management area to a depth of 15', in accordance with ASTM-Standards described in ASTM D1586, known as the Standard Penetration Test (SPT). Also, we will perform hand probes in ditches along project area to determine if any muck is detected for proposed sidewalk location. 2 Provide a report covering the investigation including the borings Togs of the soil classification, thickness of each layer, number of blows per foot (N Value), groundwater depths, and recommendations' for site preparation. The allowable bearing- capacity of the soil and pavement recommendations. TASK 3B 1. Obtain six (6) Shelby tube soil samples at three (3) percolation test locations. Perform a constant head horizontal and vertical permeability tests in our laboratory for each sample. 2. Calculate the permeability coefficient 'K' values and also estimate the normal wet - season and dry- season water tables. A report will be provided with the results of the constant head test and permeability tests. TASK-3C 1. Perform four (4) pavement cores to determine the cross section of the pavement structure (asphalt base and sub -base) at the Elementary School pavement area. 2. Patch each location with asphalt patching compound including replacing the base and sub- base. LUMP SUM FEES The lump sum fee to perform the above work is $3,939.00. EXHIBIT "B-4" SCOPE OF SERVICES AND FEES Task 4: Traffic Engineering Services Land Design South, Inc. SCOPE OF SERVICES Preparation of intersection analyses at Powerline Rd/Main St and Powerline Rd /CR512. We will provide this analysis for AM and PM conditions in order to determine the optimal intersection geometry to meet the adopted Level of Service from the City of Sebastian. Task 4A: Data Collection 24 -hour bidirectional counts - 4 Locations Task 4B: Data Analysis Data Reduction and Analysis Task 4C: Engineering Report Final Report Task 4D: Representation Representation before Govemment Agencies and Community Groups (4 Meetings) LUMP SUM FEES The lump sum fee for Tasks 4A through 4D is $ 8,050.00 EXHIBIT "B -5" SCOPE OF SERVICES AND FEES Task 5: Electrical Engineering Services Treasure Coast Engineering, Inc. SCOPE OF SERVICES 5A. Lighting Design to include: a. Locate all electrical (i.e. receptacles, switched, transformers, motors, and panels) and lighting (i.e. fixtures and lighting controls) components. b. Create a one -line riser diagram showing all major equipment with feeder schedule. c. Create a typical detail drawing of the grounding system for the electrical service and transformers. Locate all lighting (i.e. fixtures and lighting controls) components. d. Circuit and homerun all components. Creating appropriate panel schedules. e. Create an outdoor site lighting plan meeting local codes. f. Creating a drawing showing lighting and power densities. g. Calculation area showing min /max lighting densities and spillover calculations. 5B. School Zone Light System: a. I will specify a system based on current systems used at other schools in the county. I will make sure power is supplied to it by solar or electrical service. 5C. Construction Administration a. Review bids, answer questions, and confirm installation is per specifications LUMP SUM FEES 5A. Lighting Design 5B. School Zone Light System 5C. Construction Administration TOTAL $ 2,875.00 $ 575.00 $ 575.00 $ 4,025.00 DRUG -FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida statute 287.087 hereby certifies that Masteller & Moler, Inc. does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of chapter 1893 or of any controlled substance law of the united states or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorize to sign this statement, I certify that this firm complies fully with the above requirements. Date: March 11, 2009 Signature Stephen E. Moler, PE, Vice President PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 — 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described in Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount for category two, to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON - INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. CCNA / RFQ - Engineering Services - Powerline Road Extension City of Sebastian, Florida 12Feb09 /Pg5of8 SWORN STATEMENT UNDER SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. no number for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by Masteller & Moler, Inc. (name of entity submitting sworn statement) whose business address is 1655 27th Street, Suite #2, Vero Beach, Florida 32960 and (if applicable) its Federal Employer Identification (FEIN) is 59- 2538792 (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: n/a 3. My name is Stephen E. Moler, P.E. (please print name of individual signing) and my relationship to the entity above is Vice President . 4. I understand that a "public entity crime" as defined in paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or CCNA / RFQ - Engineering Services- Powerline Road Extension City of Sebastian, Florida 12 Feb 09 /Pg6of8 (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executive, partners, shareholders, employees, members, and agents who are active in the management of the affiliate. The ownership by one person of share constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in paragraph 287.133(1)(e), Florida Statutes, means any person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executive, partners, shareholders, employees, members and agents who are active in the management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies). x Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, share holders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, share holders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies). There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order). The person or affiliate was placed on the convicted vendor list. There has been subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. CCNA / RFQ — Engineering Services — Powerline Road Extension City of Sebastian, Florida 12 Feb 09 /Pg7of8 The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) x The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pen jng with the Department of General Services.) STATE OF FLORIDA COUNTY OF Indian River Date: (Signature) The foregoing instrument was acknowledged before me this 11th day of March, 2009 by Stephen E. Moler, P.E. , Vice President (title) on behalf of MASTELLER & MOLER, Inc. (name of partnership), a partnership. He /she is ,personally known to me or has produced as identification and did ( ) did not ( ) take an oath. =•` X''� P�' Diane W. Lembo Name: .az °�; My Commission Exp •r Comm�60t0 p �'• Expires August 16, 2010 Commission Number:-'4.0, &maga Mho nun . nwrna., Int eoo•311e•ro,o CCNA / RFQ — Engineering Services — Powerline Road Extension City of Sebastian, Florida 12 Feb 09 /Pg8of8 DRUG -FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida statute 287.087 hereby certifies that Masteller & Moler, Inc. does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of chapter 1893 or of any controlled substance law of the united states or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorize to sign this statement, I certify that this firm complies fully with the above requirements. Date: March 11, 2009 Signature Stephen E. Moler, PE, Vice President PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 — 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described in Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount for category two, to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON - INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. CCNA / RFQ - Engineering Services- Powedine Road Extension City of Sebastian, Florida 12FebO9 /Pg5of8 SWORN STATEMENT UNDER SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. no number for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by Masteller & Moler, Inc. (name of entity submitting sworn statement) whose business address is 1655 27th Street, Suite #2, Vero Beach, Florida 32960 and (if applicable) its Federal Employer Identification (FEIN) is 59- 2538792 (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: n/a 3. My name is Stephen E. Moler, P.E. (please print name of individual signing) and my relationship to the entity above is Vice President . 4. I understand that a "public entity crime" as defined in paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a fmding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or CCNA / RFQ — Engineering Services — Powerline Road Extension City of Sebastian, Florida 12 Feb 09/ Pg 6 of 8 (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executive, partners, shareholders, employees, members, and agents who are active in the management of the affiliate. The ownership by one person of share constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in paragraph 287.133(1)(e), Florida Statutes, means any person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executive, partners, shareholders, employees, members and agents who are active in the management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies). x Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, share holders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, share holders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies). There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order). The person or affiliate was placed on the convicted vendor list. There has been subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. CCNA / RFQ - Engineering Services - Powerline Road Extension City of Sebastian, Florida 12 Feb 09 /Pg7of8 The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) x The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or Pend' g with the Department of General Services.) Date: STATE OF FLORIDA COUNTY OF Indian River (Signature) 3�1 t -1•00y The foregoing instrument was acknowledged before me this 1lt' clay of March, 2009 by Stephen E. Moler, P.E. , Vice President (title) on behalf of MASTELLER & MOLER, Inc. (name of partnership), a partnership. He /she is ,personally known to me or has produced as identification and did ( ) did not ( ) take an oath. ��� y p�I Name: ;azP`�•�•d; ?;; Diane W. Lembo My Commission Exp �: ,.A` '" Gbmmisslorr# DD586020 : , 10 Commission Number: "' •+ 9an4a0 Tray fain • Insuranoo, 600.366•7079 CCNA / RFQ — Engineering Services — Powerline Road Extension City of Sebastian, Florida 12 Feb 09/ Pg 8 of 8 RX Date /Time 09/03/2010 12:55 7727941106 Sep 03 10 01:07p Masteller *Moler P,002 7727941106 p.2 ACORQM CERTIFICATE OF LIABILITY INSURANCE DATE 01 /2010) PRODUCER (305)822 -7800 FAX 305 - 362 -2443 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Coll i nsworth, Al ter, Fowler, Dowling & French ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 9315 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami Lakes, FL 33014 -9315 Zoraida Gonzalez Ext 159 zgonzal ez @cafdf . com INSURERS AFFORDING COVERAGE NAIL # INSURER A: St. Paul Fire & Marine Ins Co A- XV INSURED Masteller & Moler, Inc. 1655 27 St., Ste. 2 Vero Beach, FL 32960 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE Pouc1ES OF IN3uRANCE LISTED DELOWHAuc BEEN ISSUED TO THE INSURFn ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING WITH RESPECT TO WHICH THIS CERTIFICATE MAY L3E ISSUtu OR IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH CLAIMS. INCR n` ADO'L TYPE U4 IN`SUKANCt POLICY NUMDCR POLICY EFFECTIVE I1' 4MMrODrrr1 POLICY EXPIRATION DATE (MMiDDJYYI LIMITS EACH OCCURRENCE 5 GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ICLAIMS MADE El OCCUR 1` &OE TO RENTED PSEMISFC (F emw0, 1 MEO EXP (Any one peleon) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ UtML AC ORFGATE LIMIT ANPLIEB PER. 7 POLICY n JECT f 7 LOC PRODUCTS • COMP/OP AGG $ AUTOMOBILE —• — LIABILITY ANY AU I O ALL OWNED AUTOS SCHEDULE() AUTOS H Il I) /WI Us NON-OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) 000ILY INJURY (Pei person) DOD tiv IWURv (Per accident) $ PROPERTY DAMAGE (Per acc(dere) GARAGE LIABILITY 1 ANY AUTO AUTO ONLY • EA ACCIDENT $ OTHER THAN to ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE S AGGREGATE $ 5 $ r 1 TORY I l 7a 1 IOrr Nt 5 S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNERIEXECUTIVF OFFICERIMEMOEREXCLUDED? Unitdosedbn .., 1 SPECIAL PROVISIONS below E.L. FACIi ACCIDENT E.L. DISEASE- EA EMPLOYEE 5 e.L. DISEASE - POI ICY 1 AMR' S A Professional Liability Claims -Made Form Retro:6 -30 -90 QP03814896 06/30/2010 06/30/2011 $1,000,000 Each Claim $1,000,000 Annual Aggregate 515,000 Deductible Each Claim DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER Sebastian, City of 1225 Main Street Sebastian, FL 32958 ACORD 25 (2001108) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERCOr, THE 188UING INSURER WILL ENDEAVOR Tf] MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION 09 LIABIUTY OF ANY KIND UPON THE INSURCR, ITS ACENTE OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE Meade Collinsworth /Z0 ACORD CORPORATION 1988 RX D8te /Time 09103/2010 12:55 7727941106 Sep 03 10 01:07p Masteller *Moler 7727941106 P, 003 p.3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pnlicy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms *net rnnditions of the policy. certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certifinate holder. nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) RX Date /Time 09/03/2010 12:55 7727941106 Sep 03 10 01:07p Masteller *Moler P,001 7727941106 p.1 certificate of Insurance This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This certificate does not amend, extend. or alter the coverage afforded by the policies described herein. Named Insured(s): TriNet HR Corporation and all its attiliates & subsidiaries' Masteller & Moler Inc (Endorsed as alternate etnployer) iirutio Town Canter Parkway Bradenton. FL 34202 Insurer Affording Covera • e (A) Commerce & Industry Ins Cnmpany (B) Illinois National Insurance Company (C) Ins Co of the State of Pennsylvania (D) Nat Union Fire Ins Co of Pittsburgh PA (E) New Hampshire Insurance Company The policies of insurance listed below have been issued to the insured named above for the policy period indicated, Notwithstanding any requirement, tern, or condition of any contract or other document with respect to which the Certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terns, exclusions and conditions of such policies, Aggregate limits shown may have been reduced by paid claims. Type of Insurance Workers' Compensation Insurer (A) Policy Number 057057094 Other: Client Number 11784 State FL Effective Date 07 -01 -2010 Expiration Date 07 -01 -2011 0.3-6.. 1 1� i- ! 1 C71 Limits IEI WC Statutory Limits Employers Liability Bodily Injury By Accident $ 2,000,000 Each Accident Bodily Injury By Disease $ 2,000,000 Policy Limit Bodily Injury By Disease $ 2,000,000 Each Person The above referenced workers' compensation policies provide statutory benefits only to the employees of the Named Insured(s) on such policies, not to the employees of any pthar mmpinyer I'r iNct lilt ('urporation;'I'riNot I iI. V. IN. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the insurer affording coverage will endeavor to mail 30 days written notice to the r,.arlifirate holder named herein. but failure to mail such notice shall impose no obligation or liability of any kind upon the insurer affording coverage, its agents or representatives. Certificate Holder City of Sebastian Building Department 122; Plain Sr Sebastian, FL 32958 -4165 AON Risk Services Northeast, Inc.. AON Risk Services Northeast, Inc. Authorized Representative of AON Risk Services (866) 443 -8489, 07/1/2010 Phone Date Issued RX Date /Time 09/07/2010 11 :52 7725623870 09/07/2010 12:04 7725623870 DAVID HEDGES CERTIFICATE OF INSURANCE This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Policyholder Hosteller & Moder Inc. Address of policyholder Location of operations Description of operations P,001 PAGE 01 1655 27" Street Suite 2 Vero Beach, Fl 32960 Multiple locations See Remarks The policies listed below have been issued to the policyholder for the polity periods shown, The insurance described in these policies is subject to all the terms, exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid Claims. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Data : Expiration Date LIMITS OF LIABILITY (at beginning of policy period) 98Qv38427 This insurance includes: Comprehensive Business Liability ® Products - Completed Operations ❑ Contractual Liability ❑ Personal Injury ■ Advertising Injury kl Umbrella Limits also ❑ • 03/16/10 03/16/11 1 apply to Auto BODILY INJURY AND PROPERTY DAMAGE Each Occurrence $1,000,000 General Aggregate $ 2,000,000 Products - Completed $ 2,000,000 Operations Aggregate 98NA780908 EXCESS LIABILITY ►:1 Umbrella POLICY PERIOD Effective Date ; Expiration Date BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) Each Occurrence $ 1,000,000 Aggregate $2,000,000 09/27/10 09/27/11 ❑ Other Workers' Compensation and Employers Liability POLICY PERIOD Effective Date ; Expiration Date Part I - Workers Compensation - Statutory Part II - Employers Liability Each Accident $ Disease - Each Employee $ Disease - Policy Limit $ POLICY NUMBER TYPE OF INSURANCE POUCY PERIOD Effective Date i Expiration Date LIMITS OF LIABILITY (at beginning of policy period) THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POUCY DESCRIBED HEREIN. Name and Address of Certificate Holder Additional Insured: City of Sebastian 1225 Main Street Sebastian, Florida 32958 558 -994 a.5 Rev. 11- 08-2004 Printed in U.S.A. !f any of the described policies are canceled before their expiration date, State Farm will try to mail a written notice to the certificate holder 30 days before cancellation. If however, we fail to mail such notice, no obligation or liability will be imposed on State Fin or its agents ,9r representative. Signature of Authorized-Re ntative Agent 09/07/10 TItle David Hedges Agent Name Telephone Number 772- 567 -8958 Date Agent's Code Stamp Agent Code 2733 AFC) Code F597 RX Date /Time 09/07/2010 11:52 7725623870 P,002 01/07/2010 12:04 7725623870 DAVID HEDGES PAGE 02 CERTIFICATE OF INSURANCE H INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE MINA i0 THOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IN NO NT LL HIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE NGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. Th . - - . ® STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below : Named Insured Address of Named Insured MASTELLER & MOLER, INC. 1655 27th Street Vero Vero Beach, FL 32960 POLICY NUMBER 142376600259M 3612201D2659B 316955582659 3428778A2559 EFFECTIVE DATE OF POLICY 08102!10- 04IO2/11 04126110.10126110 0820f10- 02/28111 07125110 -01125111 DESCRIPTION OF VEHICLE 08 LEXUS RX 100 ' 06 TOYOTA TACOMA 05 GMC C1500 PICKUP 07 TOYOTA SEQUOIA LIABILITY COVERAGE 5.Y ES ❑NO MYES ONO ►;RYES NO ►:•YE$ ONO LIMITS OF LIABILITY a. Bodily Injury Each Person a. Bodily Injury Each Accident • b. Property Damage c. Bodily Injury & Property Damage Single Limit Each Accident $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 PHYSICAL DAMAGE COVERAGES a. Comprehensive ►;l YES ■ NO DYES LINO $100.0Q deductible I YES ONO -OYES ■ NO $100.00 Deductible $109 -00 Deductible $100.00 Deductible 'LINO b. Collision NYES $250.00 Deductible MYES ■NO ► YES ONO EIYES L] NO $250_00 Deductible $25QQQ Deductible $250.00 Deductible EMPLOYER'S NON - OWNERSHIP COVERAGE ELYES ❑NO ED YES L] NO DYES II NO OYES ►NO HIRED CAR COVERAGE OYES (JNO DYES ■ NO OYES ►;1 NO YES NO — _ n., I n 1 /, 1►1 1 /m /; IL Ii Signature of Authorized epres -- Name and Address of Certificate Holder Additional Insured: City of Sebastian Attn: Jean Sebastian, FL 32958 Fax: 772-581-0149 AGENT Title 2733 Agent's Code Number Name and Address of Agent STATE FARM INSURANCE DAVID E. HEDGES - AGENT 2601 20 STE. B VERO BEACH, FL 32960 09/07/10 Date Check if a permanent Certificate of Insurance for liability coverage Is needed: Check if the Certificate Holder should be added as an Additional Insured: Remarks: Covera a appIies to any auto', 156 -4430.2 Rev. B -94 Printed in U.S.A.