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HomeMy WebLinkAbout2009 - ContractPROFESSIONAL ENGINEERING AGREEMENT Conceptual Planning and Budgeting for US 1 corridor Bump -outs for the City of Sebastian. THIS AGREEMENT, entered into this 2Z day of DEC, 2009 by and between CITY OF SEBASTIAN, a Florida municipal corporation, hereinafter referred to as the "CITY and Schulke, Bittle Stoddard, LLC. 1717 Indian River Drive, Suite 201, 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 conceptual civil site planning and site construction cost budgeting services by the ENGINEER for proposed site improvements to the US 1 corridor within the city limits of the City of Sebastian, 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 defined in this agreement. The ENGINEER shall serve as the CITY'S professional representative for the project, and shall give professional advice to the CITY during the performance of the services to be rendered. The ENGINEER is retained by the CITY to perform these consulting services under this non exclusive contract with the CITY. SECTION I SCOPE OF SERVICES The services will provide for the conceptual planning of site improvements to the US 1 corridor within the city limits of the City of Sebastian (See Exhibit `A' "Project Location Schulke, Bittle Stoddard, L.L.C. will provide services including conceptual site planning including the preparation of conceptual drawings depicting the location and typical design of "bump- outs" within the US1 on- street parallel parking areas, attend pre application conferences to discuss the planning concepts with various government agencies, and prepare a construction cost estimate for budgeting purposes. It is anticipated that the design of the site improvements will include the following concepts: p. 2 of 10 1. Location of "bump outs" strategically placed location of bump -outs along the US 1 corridor, considering accident history, site distance constraints, location of existing driveways, lights, poles and other infrastructure. 2. Typical design of a "bump -out" including the geometry of the bump -out, curb type and location, pedestrian and bike path provisions (if applicable), and landscaping. Basic services required of the ENGINEER to perform all necessary professional engineering services, project design services, and other services in connection with the assigned project as required shall be provided in accordance with the following general requirements: 1. The ENGINEER will endeavor not to duplicate any previous work done on any project. 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 under 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, draftsmen, and other employees on the work at all times. b. The ENGINEER shall comply with all federal, state, and local laws applicable to this 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 cooperate fully with the CITY in order that all phases of the work may be properly scheduled and coordinated. d. The ENGINEER shall report the status of this project to the CITY MANAGER upon request and hold all drawings, calculations, and related work open to the inspection of the CITY MANAGER or his authorized agent at any time, upon reasonable request. SECTION II CITY OBLIGATIONS p.3ofl0 4. The ENGINEER shall furnish copies of reports, drawings, and other pertinent items as required by this agreement to the City of Sebastian, and as requested by the City Manager, and may charge for the actual cost of providing such copies. All original documents, 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 the work. All items prepared by the ENGINEER shall be created, maintained, updated, and provided in the format as specified by the CITY. 5. Any additional work required by the City of Sebastian that is not within the described scope of services for this Work Order, shall be an additional service, and the CITY shall compensate the ENGINEER in accordance with Section V "Additional Work," of this Agreement. Approval by the CITY by its city manager shall be required prior to commencement of any additional work. 6. Compensation to the ENGINEER for basic services shall be in accordance with this agreement, as mutually agreed upon by the ENGINEER and the CITY. Schedule of current hourly billing rates are included in "Exhibit B" attached. The CITY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement: 1. Provide the ENGINEER with a copy of any pertinent preliminary data or reports available to the CITY. 2. 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. 3. The CITY shall make all provisions for the ENGINEER to enter upon public or private property as reasonably required for the ENGINEER to perform his services. SECTION III TIME FOR COMPLETION The estimated time for completion of this project shall be: Commencement of Engineering Services Conceptual Planning Staff meetings Conferences with agency staff Conceptual Plan Cost estimate 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: 1. Professional Services Fees for Planning and budgeting a. General Planning meetings with staff, research, drawings 1,600.00 b. Agencies per meeting (FDOT, IRCPW) 2 at 300.00 each 600.00 c. Construction Cost Estimate 150.00 d. Reimbursable expenses (prints/ copies/ mileage -see 2., below) budget amount, city to reimburse for actual costs Total 2. Direct Payment for reimbursable expenses and Additional Services The CITY shall make direct payment to the ENGINEER for the cost of copies, printing project plan sheets, permit application fees, and mail/Fed -Ex. The maximum cost allowed per copy, print and mail /Fed -Ex utilized for this purpose shall be set forth as follows: Mail/Fed -Ex: Actual cost Prints (24x36) $2.00 /sheet Colored Prints $15.00 /sheet Copies (81/2 x 11) $0.15 /page (11x17) $0.35 /page C.D.(s) $4.00 /disk p.4 of 10 January 2009 January thru April, 2009 150.00 2,500.00 p.5 of 10 SECTION V ADDITIONAL WORK Additional work occurs when the CITY requests changes to the scope of services after it has formally approved the agreement. Additional work shall not commence until a Change 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 this agreement. Schulke, Bittle, and Stoddard, LLC has attempted to include all necessary documents, on -site evaluations, and plan preparation based on the information provided by the City and our understanding of the project at time of this document. Items specifically not included in the scope of services are: 1. Preliminary or final design or permitting of pavement, roadway, drainage, utility or signalization improvements. The scope of work includes conceptual planning only. 2. Design or permitting of buildings or other structures 3. Contract administration, bidding or procurement services, or inspections. 4. Surveying, environmental assessments, traffic impact analysis, geotechnical engineering services, architectural design services. IF requested, this work shall be provided at time rated and material cost basis, or by a separate agreement. SECTION VI PAYMENTS The CITY shall make monthly partial payments to the ENGINEER and will be based upon the percentage of completion of each task, or based on a portion of each task completed when said task is divided into sub -tasks or units of deliverables (ie; reports, drawings, applications, etc.) The ENGINEER shall submit duly certified monthly invoices to the CITY MANAGER for approval. 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. p.6 of 10 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. 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 Council, who shall make a decision, and the ENGINEER shall abide by the City Council's decision. SECTION VIII OWNERSHIP AND REUSE OF DOCUMENTS 1. 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 contemplated under this document is complete, all of the above materials shall be delivered to the CITY MANAGER. 2. 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. p.7 of 10 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 pending Work Order. 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 The ENGINEER shall not sublet, assign, 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 surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. SETION 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, gifts 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 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 XII. p.8 of 10 SECTION XV INSURANCE At least ten days prior to commencement of work, 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: (a) commercial general liability insurance in an amount not less than $100,000 combined single limit for bodily injury and property damage and personal injury of $50,000 including coverage for premises /operations, products /completed operations, contractual liability, and independent contractors, in accordance with the CITY's Administrative Policy Manual. (b) professional liability insurance with a reputable insurance company authorized to do business in the State of Florida, subject to approval by the CITY's risk manager, in an amount not less than $1,000,000. (c) business auto liability insurance with a reputable insurance company authorized to do business in the State of Florida, subject to approval by the CITY'S risk manager, in an amount not less than $100,000 per occurrence combined single limit for bodily injury and property damage and $50,000 for personal injury coverage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non -owned autos and other vehicles, in accordance with the CITY's Administrative Policy Manual. (d) Workers' compensation for Employer's Liability Insurance for Statutory requirements. The commercial general liability and auto liability insurance policies shall name CITY as an additional insured. The ENGINEER shall provide to the CITY at least thirty (30) days written notice by registered mail, return receipt requested, addressed to the CITY's risk manager, prior to cancellation or modification of any required insurance. ENGINEER shall cause any subcontractor performing any work to provide to CITY certificates of insurance under the same conditions and with the same policy limits as required of the ENGINEER. p.9 of 10 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 a day of December, 2009. ATTEST (SEAL): Sally A. Maio M City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Attest: (seal) THE CITY OF SEBASTIAN ENGINEER: Schulke, Bittle 14, By• A i' er, City Manager Stoddard, LLC. Schulke, P.E. g Member p.10 of 10 CHERRY' ANN GIBSON MY COMMISSION 0520009 P EXPIRES: I of Fl. Notary Discount Assoc. Co 1 3 ry4 \1V111Uiii\1\1Villl1 vs ss `0 DO A, \NOM A' V VlM,,NAV „U,,,» AC .as Isn uDI DDas \a