Loading...
HomeMy WebLinkAbout2008 03 10 Consent 208 Contractual Agreement with CAPTEC EngineeringCOMMISSION AGENDA ITEM 208 March 10, 2008 Meeting CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR MGR `~~/DEPT ~~w Authorization REQUEST: Public Works Department requesting authorization to enter into a contractual agreement with CAPTEC Engineering, Inc. to provide professional engineering services for the Gee Creek Bank Stabilization Project at Hacienda Village. PURPOSE: The purpose of this agenda item is to request authorization to enter into a contractual agreement with CAPTEC Engineering, Inc. to provide professional engineering services for the Gee Creek Bank Stabilization Project at Hacienda Village in the amount of $32,680. CONSIDERATIONS: • At the January 28, 2008 City Commission meeting, the Commission provided authorization to enter into a Project Agreement with the Natural Resources Conservation Service (NRCS) for the Gee Creek Bank Stabilization Project at Hacienda Village. After reviewing the project scope in detail with representatives of NRCS, Hacienda Village, and several consulting engineering firms having special expertise in creek bank stabilization, Staff has selected CAPTEC Engineering, Inc. out of Stuart, FL to be the lead consulting engineer for the project. CAPTEC was recommended by NRCS and they have completed many similar emergency watershed protection projects funded by NRCS over the past several years. CAPTEC is available immediately to work on the Gee Creek Project, and they have proposed a conceptual project design for this project that has been accepted by NRCS and the St. Johns River Water Management District. 031008_COMM_Consent 208_Gee Creek Design Consulting Services March 10, 2008 Agenda Item #209 Page 2 of 2 FUNDING: In accordance with the City's Project Agreement with NRCS, the City will front the design costs and NRCS will reimburse the City the full $32,680 upon design completion and NRCS approval. A supplemental appropriation from the Stormwater Fund Balance to the Stormwater Special Projects Fund (#3820) is requested for $32,680 for the City's fronting of the design costs. The projected FY 08 Fund Balance is $554,587. RECOMMENDATION: Staff recommends that authorization be granted to enter into a contractual agreement with CAPTEC Engineering, Inc. to provide professional engineering services for the Gee Creek Bank Stabilization Project at Hacienda Village at a cost of $32,680, funded by a supplemental appropriation from the Stormwater Fund Balance. ATTACHMENTS: 1. Exhibit A -Proposal from CAPTEC Engineering dated February 29, 2008 COMMISSION ACTION: 031008 COMM Consent 208 Gee Creek Design Consulting Services -.~, r' ~~;~ ~~i~~~~ Civil Ertginrering 1"rotesslonats ~A~A~IAIIA~~I~ February 29, 2008 ~ ~ 77 VIA EMAiL: 81~t~t,as~l+Vi~-~',~~a5~~tryesF,~.oRo Mr. Brian Fields, P.E. City Engineer City of Winter Springs 1126 East S.R. 43~ Winter Springs, FL 32706 (407 327-7597 RE: GEE CREEK BANK STABILizATION NRCS PROJECT 125Q51 AGREEMENT FOR PROFE8310NAL SERVICES Dear Mr. Fields: CAPTEC Engineering, Inc. (CONSULTANT) is pleased to provide this Professional Engineering Services proposal to support the City of Winter Springs, Florida (CLIENT) Emergency Watershed Protection project as defined in the Natural Resources Conservation Service, United States Department of Agriculture {NRCS) Project, Agreement No. 69-209-&1680 to relieve hazards created by recent natural disasters that caused erosion of the Gee Creek channel. I. PROJECT DESCRIPTION The CONSULTANT will provide Professional Engineering Services to include technical support, surveying, civil engineering design, permitting, and construction inspection assistance for emergency measures to relieve hazards and damages caused by the 2007 Tornados for portions of Gee Creek in the Hacienda Village Mobile Nome Park within the CITY. Certifications and NRCS close-out assistance will also be provided. II. SCOPE OF SERVICES TASK 1 -PRELIMINARY ~OORDINATION/MEETINGS CONSULTANT will attend apre-design conference with the NRCS Project Engineer and CITY Staff to develop project design and work plan requirements. CONSULTANT will also attend up to four {4) project meetings during data collectionlsite surveying, construction plans development, and to identify permitting requirements, TASK Z -ENGINEERING $~ SURVEYING SERVICES CONSULTANT has included sub-consultant professional surveying services to be provided by Southeastern Surveying 8~ Mapping Corp #o measure the existing channel banks and to obtain topographic and horizontal control information needed for design and construction plan preparation. CONSULTANT has also included sub-consultant 3t?1 NW Ftsgter Averruo ~ Stuart, t=L 3~t931< • 7TZ-i~S~--4~~4 • ~s~r TTY-892-~i3~t ~ • E milt: caat~ fnfa ocaotec cam Mr, Arian Fields, P,E. February 29, 2008 Page 2 of 9 geotechnical engineering services to be provkied by Universal Erx,#ineering Sciences, Inc. to evaluate the existing soil conditions and determine geotechncal engineering design parameters. CONSULTANT will prepare a project work plan based an direction received during the NRCS pre-design conference. The project work plan will include 11" x 97" size sketch type engineering drawings detailing the design and construction of vinyl sheet pile bulkhead repairs and erosion protection measures. The drawings will include the survey base data to describe the proposed work and will be based an direction provided by the CITY'S Public Works and Engineering Department(s) staff, the SJRWMD staff and the NRCS Projec# Engineer. The 900 plans will be submitted to CITY staff and NRCS for review and comments will be incorporated into the permitting submittals. TASK 3 - PERMITntVti SERViCEs CONSULTANT will coordinate with the SJRWMD staff to review the project design and permitting requirements. Based on SJRWMD direction, CONSULTANT will prepare the fast-track permitting submittal documents for cons#ructon of the proposed repair improvements. CONSULTANT will provide up to two response submittals to requests for additional information from the SJRWMD and CITY staff. TASK 4 - Ct)NSTRUCTIC)N SERVICES It is underr>tood that CITY'S Engineering Department will provide full-time on-site inspection services during construction. CONSULTANT will attend up to six {5) weekly construction progress meetings and will provide up to eight {8) on-site hours of periodic construction inspection in support of CITY'S efforts to monitor the work being performed. CONSULTANT will also review contractor shop drawings and product literature submittals to ensure compliance with the project design specifications. The Construction Canttactor will be responsible for construction layout and preparation of as-bulk drawings by a licensed Professional Surveyor Mapper as required by NRCS and permitting agenc~s. CONSULTANT will prepare and submit the necessary cert~cations far permi# compliance using the Contractor's as-built survey drawings. TASK 5 -- A[}DITiONAIr 5ERVICES CONSULTANT would be pleased to provide any additional services requested by CLIENT in accordance with the enclosed Fee Schedu~. Additional services will not be performed unless specifically requested by CLIENT and an addendum to this agreement is executed. 111. COMPENSATION TASK 1: Preliminary Coordination/Meetings ............. $ 5,000.00 Lump Sum TASK 2; Engineering Services ................................. $ 5,940.00 Lump Sum Surveying Services ..................................... $ 5,v~40.00 Lump Sum Geotechnical Services ................................ $ 4,020.00 Lump Sum Structural ~n,reying Services ..................................... ~ 2,500,00 Lump Sum TASK 3: Permitting Services .................................... $ 2,000.00 Lump Sum TASK 4: Construction Services ................................ ~ 7.t38Q;.{~0 Lump Sum TOTAL :............................................ ~ 32,fi80.OQ Mr. Brian Fields, P.E. February 2J, 2d09 Page 3 of 9 Reimbursable expenses are included in tl~e listed task fees. CC}NSULTANT will proceed with services within 7 days from receipt of an executed copy of this Professional Services Agreement which vvili serve as our t~lotice to Proceed. This Agreement is based on the following assumptions: f . CLIENT will contract directly with an Environmental Firm to provide any and all Environmental Audits andlor Assessments. 2. CONSULTANT assumes that no additional permitting services are required. 3. CLIENT is responsible for aU regulatory agency permit application fees. 4. CLIENT is responsible for reimbursement to CONSULTANT for all expense costs associated with the project. These costs may include, but are not limited to: printing and reproduction charges, shippinglcourier fees, fax charges, long distance calls, mileage, and travel expenses, etc. 4. The General Terms and ConditionslFee Schedule attached to this proposal are made a part of this Agreement; all conditions are applicable unless otherwise noted by CLIENT and CONSULTANT. Billing shall be inuoiced on the percentage complete of the lump sum elements or for services actually accomplished for hourly rate elements. Invoices will be mailed monthly and are payable upon receipt. Payments not received within thirty {30) days of invoice issue will be subject to a 1-1l2°lo interest charge per month. The CLIENT is requested to provide CONSULTANT with a date by which monthly invoicing should be received in order to maintain a thirty {30} day payment schedu~. CAPTEC Engineering, Inc. is extremely pleased to provide this Agreement to you and your project will receive our utmost professional attention. Should you have any questions concerning this Agreement, p#ease contact me. If you wish to direct us to proceed with the described services, please execute two original copies of this agreement, Retain one original Agreement for your files and return one original Agreement to our office as our Notice to Proceed along with the enclosed Client Information Form. Again, CAPTEC Engineering, Inc. appreciates the opportunity to provide services for this most important project. Sincerely, ACCEPTED BY: 1. Capra, P.E., President Engineering, Inc. February ~9, 20C?8 Date Brian Fields, P.E. Vtlinter Springs, FL -City Engineer date L;1i~ropasa4s11 t7~J.1WSA t~2zSQ8.dac .n++rcrs~wa-, Mr. Brian FiaYds, P.E. February 29, 2008 Page 4 of 9 ~\ ",~ _„ ~~~~ Eng~neerir~g,ltMC. Civil F inecri Praiexsiar-~s CAPTE~C ~C.~UR~.Y R~ATE~ Principal J Expert Witness ................................. PE /Construction Dire+tor ................................. ~ PE J Project Manager ........................................ EI J Design Manager.,.. ...................................... ~ Construction Project Manager ........................... ~ Assistan# Project Manager J Et .......................... $ CIViI Design Technician ..................................... $ Field F~epresentativeJInspector .......................... ~ Office Manager J Assistant fJM ......................... $ Sr, Production Coordinator ................................ $ Production Coordinator ..................................... $ 1fi5.flfllhour 1 ~fl.flflthour 13fl.flfl/hour 11fl.flfllhour 110.flflJl~our 95.flflJhour 85.flfllhour 80,flOJhour* 85.flflmour 6fl.flflJhour 55.OflJhour "!ncludes travel I mileage costs Mr. Brian f=ields, P.E, February 29, 2008 Page ~ of 9 ~~~ w Tl~~ t,.r+gineer#ng, ernc. civil Engine:rlny protessionais PERFORMANCE: CAPTEC Engineering, Inc. {ENGINEER} shall perform the work in an expeditious and diligent manner, The standard ofi care for all professional engineering and related services performed or famished by ENGINEER under this Agreement will be the care and skill ordinaniy used by members of ENGINEER'S profession practicing under similar conditions at same time and in the same kacality for similar pro}ects. The parties to this Agreement agree that ENGINEER has no control over i~rtrain aspects of the work, including but not limited to, the tirnel~r submittal of data or information to be famished by others for ENGINEERS use, the review arxi approval process of governmental, jurisdictl, or utility agencies and entities.. ENGINEER asserts no guarantees regarding permit application processing times and issuance a# a permit, and incurs no liability for same. ENGINEER'S opinion of porssible PROJECT costs are made on the basis of ENGINEER`S judgment and experience for the given time and economic conditions. ENGINEER does not guarantee that proposals, bids or actual PROJECT cast wip not vary from ENGINEERS opinion of possible cost. J08SITE SAFETY:. The ENGINEER is not responsible for the safety of any person on the jabsite, ether than the ENGINEER'S own empktyees. The General Contractor is responsible for construction means, methods, sequence, testing, techniques and procedures necessary for performing, superintending or coordinating ail portions of the work in accordance with the contract documents and any health or safety precautions required by the contract documents andlor any regulatory agencies. The ENGINEER has no authority to exercise any control over any construction contractor or other entity or their amp~yees in connection with their work or any health or sa#ety precautions. The ENGINEER does not have the authority to stop the work of any construction contractor. Tate Owner agrees that the General Contractor is solely responsible far jobsi#e safety, and warrants that this intent shall be made evident in the agreement between the Owner and the General Contractor. The ENGINEER shad be made an additional insured under the General Contractor's genera! liability insurance policy far personal injuries to any person sustained on the jabsite. COMPENSATION: Lump Sum I`ees are fixed amounts to be paid #or the services indicated. Estimated Time -- Not to Exceed fees shall be based on the tins and expanse raise attached to ENGINEER'S Professional Services Agreement. Personnel Rates one subject th periodic revision. All Estimated Time fees quoted in advance of the work being performed are ONLY ESTIMATES:. The rates are utilized in calcula6ion invoice amounts for services rendered on an Estimated Time basis. Outside contractual services by ENGINEER on CLIENTS behalf, travel costs by commercial carrier, direct non-Mary expenses including, but not limited to, meals, lodging, blueprinting and photocopying, special mailing ar delivery services and special engineering materials shall be reimbursed at t i t)% of ENGINEER'S cost. j,~ETAi~: Upon acceptance of this Agreement by CLIENT, but prior to initiation of work by ENGINEER, CLIENT shah deposit with ENGINEER a retainer in the amount of $~,. The retainer wfll be applied during the construction phase ofi the project and will not be reflected on ENGINEER'S invoices until the consd~uction phase is billed. Upon completion of work by ENGINEER, the amount of deposit shall be credited to the CLIENT and calculated in the final sum due the ENGINEER. INVOICES: Invoices covering periods of approximately one month shall be sent to CLIENT by ENGINEER. Invoices shat) be prepared in break down of work completed style and format. Lump Sum Fees owed ENGINEER far an invoice period shall be calculated by ENGINEER based upon ENGINEER'S percentage estimate of the amount of work accomplished for the billing period. Fatima#ed Time Foes owed ENGINEER shall be based on the actual amount of time expended by ENGINEER in performance of services, calculated portal-to-portal, multiplied by the prevailing hourly rate for the personnel performing the work. A minimum of one hour will be charged for attendance at any public hearing, commission or board meeting, or at any legal or administrative proceeding. CLIENT will reimburse ENGINEER for ail direct non-salary expenses, as described in this Agreement. N1r. Brian Flekis, P.E. February 29, 20(?8 Page 6 of 9 INVOICE REVIEW: Within twenty-one (21) days of receipt of ENGINEER'S invalce, CLIENT shall examine invoice in detail as #o acxuracy and comp~teness and shall raise any questions or objections in writing regarding the invoice within these 21 days. After 21 days from receipt of ENGINEER'S invoice,. CLIENT waives any questions or objections to the invoice that were not raised previously. PAYII~~„~T QE ES: All fees are due and payable upon receipt of an invoice. Payment shall be made in U.S. Currency. if CLIENT fails to make any payment due ENGINEER within thirty {3t3} days from the date of ENGINEER'S invoice, the amounts due ENGINEER shall then include an additional charge at the rate of 1.5°fo per month X1896 per annum), or as otherwise provided by law. ENGINEER reserves the sole right to suspend atl services to CLIENT if any invoice remains unpaid for sixty (80} days after the invoice date.. if services are suspended, they may not resume until all unpakt Invoices are paid in full, ADDITIONAL SERVICES: Services authorized by CLIENT, other than those specifiically set forth in the &Scope of Services", shall be considered additional services for which the CLIENT shall cx~mpensate ENGINEER an a Time and Expenses basis, ar as otherwise agreed by the parties. Additional services include revisions to work previously performed that are required due to changes in data, criteria or information furnished to ENGINEER, a change in the Scope or concept of the project initiated by the CLIENT, andtor services that ace required by changes In the requirements of public agencies, after work under this Agreement has commenced. DATA PROVIDED BY OT~IER3: CLIENT Is responsible for supplying ENGINEER with information and data required #or ENGINEER'S use in accomplishing the work. ENGINEER shall not be responsible or liable far any inaccurate or incomplete information provided by others, or for good faith use of inaccurate or incomplete Information provided by others. OW~~~~j!~~p OF QQ~UMENTS,~ Atl documents, including drawings, specifications, field Hates and electronic generated Information and data prepared by ENGINEER pursuant to the terms of this Agreement, are proprietary and are the property of the ENGINEER. Coples of ENGINEER'S non- proprietary documents will be made available to CLIENT ai the ?lme and Expense Cost far reproducing said documents. The ENGINEER'S rran-proprietary documents are not Intended ar represented to be suitable for reuse for extensions of this ar any other project, and CLIENT or othens are prohibited from making ar incorporating any adjustments, changes or amendments to them without speafic written approval from the ENGINEER. LIMITATION OF IAA ILITY: Ta the fullest extent permitted by law, and root withstanding arty other provision of this Agreement, the total liability, in the aggregate, of the ENGINEER and the ENGINE!=R'S officers, directors, parMers, employees, agents and sub-cansuttarrts, and any of Them, to the CLIENT and anyone claiming by, through or under the CLIENT., for any and all claims, lasses. costs or damages of any nature whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract ar warranty, express or implied, of the Design Professional or the Design Professional's officers, directors, employees, agents or sub-consultants, or any of them, shall not exceed double the total compensation received by the Design Professional under this Agreement, or the total amount of $~,~OU.C}0, whichever is greater. INSUR,,~NCE: ENGINE!=R sha#I provide and maintath during the term of this A~greernent Workers' Compensation Insurance In the amount required by taw, Errors and Qmissians Liability Insurance in an amount. not less than a1,1300,00U.OG and Gompr9ehensive General Llabiliiy Insurance in an amount not less than $1,0{30,r'~?4.00 per oocurrence with no residential exemption. if requested, the ENGINEER shall provide the CLIENT with certificates evidencing such insurance.. If the CLIENT specifically directs the ENGINEER to obtain increased Insurance coverage, or if the nature of the ENGINEER'S activities requires additional Workers' Compensation or other mentioned coverage, the ENGINEER wip take out such additional insurance, if obtainable, at the CLIENT`S expense. 1VIr. Brian Fields, P.E. February 28, 2fl08 Pegs 7 of 9 A+GREENNENT Mt3DlFICATION: This Agreement may be modified by the executing parties at any time, but no such modification shall be effective unless reduced to writing and signed by both CLIENT and ENGINEER. This Agneemen# is not to be cx~nstrued #o provide any obligation from the ENGINEER to any third parties, inciudir~ but not limited to any contractors {general ar sub-), nor to any successors in the title to the CLIENT. The rights under this Agreement only inure them to the parties hereto.. ASS~~NABI~t'T'Y': This Agreement is expressly understood to be non-transferable and non-rsssignabb by either party without written consent of the other. l~~~S'~CE: The fees, terms and caonditions offered in this Agreement shall be valid and open far acceptance by CLIENT for a period of thirty {3fl) days after the date of the Agreement. AFFECTIVE D~ This Agreement shalt become effective on the date that it is signed by CLIENT and returned to ENGINEER with the required retainer. SUSPEN3ILiN fJF BERVICE3: if the project ar the ENGINEER"S services are suspended by the CLIENT for mare than thirty {30) calendar days, consecutive or in the aggregate, aver the term of this. Agreement, the ENGINEER shall be compensated far all servkaes performed and reimbursable expenses incurred prior to the receipt of notice of suspension. in addition, upon resumption of services, CLIENT shah compensate ENGINEER far expenses incurred as a result of the suspension and resumption of its services, and the CONSULTAN°T`S fees and schedule for the remainder of the projec# shalt tae equitably adjusted. if the ENGINEER"S services are suspended for more than ninety {9KI) days, consecutive or in the aggregate, the ENGINEER may terminate this Agreement upon giving no# bsss than five {5) calendar days' written notice to the CLIENT. tf the CLIENT is in breach of the payment terms or otherwise is in material breach of thus Agreement, Ills ENGINEER may suspend performance of services upon five (5) calendar days notice to the CLIENT. The ENGINEER shaft have na liability to the CLIENT as a result of this suspension of service, and the CLIENT agnges to make no claim ~r any delay ~ damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon. receipt of payment in foil of all outstanding sums due from the CLIENT, ar curing of such other breach that caused the Ct~NSULTANT th suspend services, the.. ENGINEER shall resume services and there shall be an equitable adjustmen# to the remaining project schedule and fees as a result. of the suspension. ~,~(jll,~}NATION: The CLIENT may terminate this Agreement far the CLIENTS convenience and without cause upon giving the ENGINEER not Less than seven {7) calendar days' written notice. Either party may terminate this Agreement for cause upon giving the other party not Less than seven {7') calendar days' writ#en notice for any of the following reasons: • Substantial failure by the other party #o perform in accordance with the terms of this Agreement and through no fault of the terminating party., • Assignment of this Agreement ar transfer of the project by either party to any other entity without the prior written consent of the other party, • Suspension of the project or the ENGINEER'S services by the CLIENT for more than ninety {gfl) calendar days, consecutive ar in the aggregate, • Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement an the compensation and schedule adjustment{s) necessitated by such changes. In the event of termination of this Agreement by either party, the CLIENT she!! within thirty {3fl) calendar days of ter-ninatian pay the ENGINEER for a{i services rendered and ati reimbursable t.os~ incurred by the ENGINEER up to the date of terrninatian, in accordance with the payment provisions of this Agreement. Mr. Brun Fields, P.E. February 29, 2008 Page 8 of 9 In event of any termination that is not the fault of ties ENGINEER the CLIENT shalt pay ttte ENGINEER, in addition to payment for services rendered and reimbursable costs incurred, for aH expenses reasonably incurred t+y the CONSULTANT in connectian with the orderly termination of this Agresme+rrt, including but not limited tq demobil+zation, reassignment of personnel, assoc,~terl overhead costs and all other expenses directly resulting front the termination. SEVEFiABI~,tTY: In the event that a cx~urt of competent jurisdiction determines that any farm or provision of this Agreement is unenforceabNe for any reason, the balance of ate terms and conditions shalt nonetheless remain in fait force and effect and such unenf~-rceab(e provision$ shall be deemed to have been excised and deleted from this Agreement as though it had never been a part hereof, kfENUE CLAUSE: The venue for all collection actions or litigation under this Contract shall be in Marlin County, Florida. Not applicable. END Qfi GENERAL TERMS AND CONDITIONS Mr. Brla+n Melds, P.E.. February 2g, 2flfl8 Page 9 of 9 ` ~~ ~~~ Civil ~ngiryec~ring Prafeuiau~s 3Et1 ! Ft~t~ler Avenue, S#u~~t, Florida 3494 (772) 692w4344 * Fax: (772) 692-4341 E-r»all: captsclnfo~gacaptec.oom Cl.lENT INFORMATIt~N FORM CLIENT NAME; COMPANY NAME: MAILING ADDRESS: CITY, STATE AND ZIP CODE: PHYSICAL ADDRESS: {if differertt from Mailing Address -needed for overnight delivery purposes) CITY, STATE AND ZIP CC?DE; TELEPHONE NUMBER.. FAX NUMBER: OFFICIAL PR©JECT NAME: ALL INVOICES WILL 8E SENT T© THE CLIENT, UNLESS OTHERWISE NOTED BELOW. IIw1'VOICES ARE T1~ICALLY SUBMITTEB DURING THE FIRST WEEK OF THE MONTH. COMMENTS: ,y ~~`; i, ~ I • J~~ l~ Engineering, Inc. Crvil Enginttring Arofessionals February 29, 2008 1177 ViA EMAIL: 6FIPLDS W/NTERSPR/NGSFL.ORG Mr. Brian Fields, P.E. City Engineer City of Winter Springs 1126 East S,R. 434 Winter Springs, FL 32708 (407) 327-7597 RE: GEE CREEK BANK STABILIZATION NRCS PROJECT 125051 AGREEMENT FOR PROFESSIONAL SERVICES Dear Mr. Fields: CAPTEC Engineering, Inc. (CONSULTANT) is pleased to provide this Professional Engineering Services proposal to support the City Of Winter Springs, Florida (CLIENT) Emergency Watershed Protection project as defined in the Natural Resources Conservation Service, United States Department of Agriculture {NRCS) Project. Agreement No. 69-4209-8-1680 to relieve hazards created by recent natural disasters that caused erosion of the Gee Creek channel. I. PROJECT DESCRIPTION The CONSULTANT will provide Professional Engineering Services to include technical support, surveying, civil engineering design, permitting, and construction inspection assistance for emergency measures to relieve hazards and damages caused by the 2007 Tornados for portions of Gee Creek in the Hacienda Village Mobile Home Park within the CITY. Certifications and NRCS close-out assistance wiN also be provided. 11. SCOPE OF SERVICES TASK ') -PRELIMINARY COORDINATION/MEETINGS CONSULTANT will attend apre-design conference with the NRCS Project Engineer and CITY Staff to develop project design and work plan requirements. CONSULTANT will also attend up to four (4) project meetings during data collection/site surveying. construction plans development, and to identify permitting requirements. TASK 2 -ENGINEERING $ SURVEYING SERVICES CONSULTANT has included sub-consultant professional surveying services to be provided by Southeastern Surveying & Mapping Corp to measure the existing channel banks and to obtain topographic and horizontal control information needed for design and construction plan preparation. CONSULTANT has also included sub-consultant 301 NW Flag/er Avenue • Stuart, FL 34994 • 772.692-4344 • Fax 771-692-4341 • E-maiL• ~aytecfnfot8~aocaptea.com Mr Bnan Fields.. P E. February 29, 2008 Page 2 of 9 geotechnical engineering services to be provided by Universal Engineering Sciences, Inc. to evaluate the existing soil conditions and determine geotechnical engineering design parameters. CONSULTANT will prepare a project work plan based on direction received during the NRCS pre-design conference. The project work plan will include 11" x 17" size sketch type engineering drawings detailing the design and construction of vinyl sheet pile bulkhead repairs and erosion protection measures. The drawings will include the survey base data to describe the proposed work and will be based on direction provided by the CITY's Public Works and Engineering Department(s) staff, the SJRWMD staff and the NRCS Project Engineer. The 90% plans will be submitted to CITY staff and NRCS for review and comments will be incorporated into the permitting submittals. TASK 3 -PERMITTING SERVICES CONSULTANT will coordinate with the SJRWMD staff to review the project design and permitting requirements. Based on SJRWMD direction, CONSULTANT will prepare the fast-track permitting submittal documents for construction of the proposed repair improvements. CONSULTANT will provide up to two response submittals to requests for additional information from the SJRWMD and CITY staff. TASK 4 -CONSTRUCTION SERVICES It is understood that CITY's Engineering Department will provide full-time on-site inspection services during construction. CONSULTANT will attend up to six (6) weekly construction progress meetings and will provide up to eight (8) on-site hours of periodic construction inspection in support of CITY's efforts to monitor the work being performed. CONSULTANT will also review contractor shop drawings and product literature submittals to ensure compliance with the project design specifications. The Construction Contractor will be responsible for construction layout and preparation of as-built drawings by a licensed Professional Surveyor Mapper as required by NRCS and permitting agencies. CONSULTANT will prepare and submit the necessary certifications for permit compliance using the Contractor's as-built survey drawings. TASK S -ADDITIONAL SERVICES CONSULTANT would be pleased to provide any additional services requested by CLIENT in accordance with the enclosed Fee Schedule. Additional services will not be performed unless specifically requested by CLIENT and an addendum to this agreement is executed. III. COMPENSATION TASK 1: Preliminary Coordination/Meetings ......... .... $ 5,000.00 Lump Sum TASK 2: Engineering Services ............................. .... $ 5,940.00 Lump Sum Surveying Services ................................. .... $ 5,540.00 Lump Sum Geotechnical Services ............................ .... $ 4,020.00 Lump Sum Structural Engineering Services ............. .... $ 2,500.00 Lump Sum TASK 3: Permitting Services ................................ .... $ 2,000.00 Lump Sum TASK 4: Construction Services ............................ .... $ 7,680.00 Lump Sum TOTAL :......................................... ... $ 32,680.00 Mr. Bnan Fields, P.E February 29, 2008 Page 3 of 9 Reimbursable expenses are included in the listed task fees. CONSULTANT will proceed with services within 7 days from receipt of an executed copy of this Professional Services Agreement which will serve as our Notice to Proceed This Agreement is based on the following assumptions: 1. CLIENT will contract directly with an Environmental Firm to provide any and all Environmental Audits and/or Assessments. 2. CONSULTANT assumes that no additional permitting services are required. 3. CLIENT is responsible for all regulatory agency permit application fees. 4. CLIENT is responsible for reimbursement to CONSULTANT for all expense casts associated with the project. These costs may include, but are not limited to: printing and reproduction charges, shipping/courier fees, fax charges, long distance calls, mileage, and travel expenses, etc. 4. The General Terms and Conditions/Fee Schedule attached to this proposal are made a part of this Agreement; all conditions are applicable unless otherwise noted by CLIENT and CONSULTANT. Billing shall be invoiced on the percentage complete of the lump sum elements or for services actually accomplished for hourly rate elements. Invoices will be mailed monthly and are payable upon receipt. Payments not received within thirty (30) days of invoice issue will be subject to a 1-1/2% interest charge per month. The CLIENT is requested to provide CONSULTANT with a date by which monthly invoicing should be received in order to maintain a thirty {30) day payment schedule. CAPTEC Engineering, Inc. is extremely pleased to provide this Agreement to you and your project will receive our utmost professional attention. Should you have any questions concerning this Agreement, please contact me. If you wish to direct us to proceed with the described services, please execute two original copies of this agreement. Retain one original Agreement for your files and return one original Agreement to our office as our Notice to Proceed along with the enclosed Client Information Form. Again, CAPTEC Engineering, Inc. appreciates the opportunity to provide services for this most important project. Sincerely, "~ -~ ,. -~ ; ~ a -~ . = -~ Jo 'ph . C ra, P.E., Presi ent C PTEC Engineering, Inc. ~• ,; " 'March 12. 2008 Date L 1Proposals11179 11PSA 031208 doc JWC/SPM/cm ACCEPTED BY: Ronald W. McLemore, Ci 1vt~~t~.geF. ~ ~ - . Winter Springs, Florida -_ Date Mr. Brian Fields, P.E. February 29. 2008 Page 4 of 9 },. t '` ,~~ ~,, ~~ ; ~~~ ~~e Engineering, Inc. Civil Engineering Professionals CAPTEC HOURLY RATES Principal I Expert Witness ................................. $ PE /Construction Director .......... ...................... $ PE /Project Manager .................. ...................... $ EI /Design Manager .................... ......................$ Construction Project Manager ..... ...................... $ Assistant Project Manager J EI .... ...................... $ Civil Design Technician ............... ......................$ Field Representative/Inspector .... ...................... $ Office Manager /Assistant OM ... ......................$ Sr. Production Coordinator .......... ......................$ Production Coordinator ............... ......................$ 165.OOIhour 150.00/hour 130.00/hour 110.00/hour 110.00/hour 95.00/hour 85.00/hour 80.OOlhour* 65.00/hour 60.00/hour 55.00/hour 'includes travel /mileage costs Mr Brian Fields. P E February 29. 2008 Page 5 of 9 GENERAL TERMS AND CONDITIONS ,~ J• ~e~ DBE e T Engineering, tnc. civil Engineering Profeszionals PERFORMANCE: CAPTEC Engineering. Inc. (ENGINEER) shall perform the work in an expeditious and diligent manner The standard of care for all professional engineering and related services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER'S profession practicing under similar conditions at the same time and in the same locality for similar projects. The parties to this Agreement agree that ENGINEER has no control over certain aspects of the work, including but not limited to. the timely submittal of data or information to be furnished by others for ENGINEERS use, the review and approval process of governmental, jurisdictional, or utility agencies and entities ENGINEER asserts no guarantees regarding permit application processing times and issuance of a permit. and incurs no liability for same ENGINEER S opinion of possible PROJECT costs are made on the bans of ENGINEER'S judgment and experience for the given time and economic conditions. ENGINEER does not guarantee that proposals, bids or actual PROJECT cost will not vary from ENGINEERS opinion of possible cost JOBSITE SAFETY: The ENGINEER is not responsible for the safety of any person on the jobsite, other than the ENGINEER'S own employees. The General Contractor is responsible for construction means, methods. sequence. testing. techniques and procedures necessary for performing, superintending or coordinating all portions of the work in accordance with the contract documents and any health or safety precautions required by the contract documents and/ot any regulatory agencies. The ENGINEER has no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautians. The ENGINEER does not have the authority to stop the work of any construction contractor. The Owner agrees that the General Contractor ~s solely responsible for )obsite safety. and warrants that this intent shall be made evident in the agreement between the Owner and the General Contractor. The ENGINEER shall be made an additional insured under the General Contractor's general liability insurance policy for personal injuries to any person sustained on the jobsite. COMPENSATION: Lump Sum Fees are fixed amounts to be paid for the services indicated. Estimated Time -Not to Exceed fees shall be based on the time and expense rates attached to ENGINEER'S Professional Services Agreement. Personnel Rates are subject to periodic revision. All Estimated Time fees quoted in advance of the work being performed are ONLY ESTIMATES. The rates are utilized in calculation invoice amounts for services rendered on an Estimated Time basis. Outside contractual services by ENGINEER on CLIENTS behalf, travel costs by commercial carrier. direct non-salary expenses including. but not limited to. meals, lodging, blueprinting and photocopying, special mailing or delivery services and special engineering materials shall be reimbursed at 110% of ENGINEER'S cost. RETAINER: Upon acceptance of this Agreement by CLIENT: but prior to initiation of work by ENGINEER. CLIENT shall deposit with ENGINEER a retainer in the amount of 5 -0- .The retainer will be applied during the construction phase of the project and will not be reflected on ENGINEER'S invoices until the construction phase is billed. Upon completion of work by ENGINEER, the amount of deposit shall be credited to the CLIENT and calculated in the final sum due the ENGINEER. INVOICES: Invoices covering periods of approximately one month shall be sent to CLIENT by ENGINEER. Invoices shall be prepared in break down of work completed style and format. Lump Sum Fees owed ENGINEER for an invoice period shall be calculated by ENGINEER based upon ENGINEERS percentage estimate of the amount of work accomplished for the billing period. Estimated Time Fees owed ENGINEER shall be based on the actual amount of time expended by ENGINEER in performance of services, calculated portal-to-portal, multiplied by the prevailing hourly rate for the personnel performing the work. A minimum of one hour will be charged for attendance at any public hearing, commission or board meeting, or at any legal or administrative proceeding. CLIENT will reimburse ENGINEER for all direct non-salary expenses, as described in this Agreement. Mr Brian Fields. P E February 29 2008 Page 5 of 9 INVOICE REVIEW: Within twenty-one i21 j days of receipt of ENGINEER'S invoice, CLIENT shall examine invoice in detail as to accuracy and completeness and shall raise any questions or objections in writing regarding the invoice within these 21 days. After 21 days from receipt of ENGINEER'S invoice. CLIENT waives any questions or objections to the invoice that were not raised previously. PAYMENT OF FEES: All fees are due and payable upon receipt of an invoice. Payment shall be made in U S Currency. If CLIENT fails to make any payment due ENGINEER within thirty (30) days from the date of ENGINEERS invoice, the amounts due ENGINEER shall then include an additional charge at the rate of 1 5% per month t18% per annumj. or as otherwise provided by law. ENGINEER reserves the sole right to suspend all services to CLIENT if any invoke remains unpaid for sixty (60) days after the invoke date. If services are suspended, they may not resume until all unpaid invoices are paid in full. ADDITIONAL SERVICES: Services authorized by CLIENT, other than those specifically set forth in the 'Scope of Services". shall be considered additional services for which the CLIENT shall compensate ENGINEER on a Time and Expenses basis, or as otherwise agreed by the parties. Additional services include revisions to work previously performed that are required due to changes in data. criteria or information furnished to ENGINEER, a change ~n the Scope or concept of the protect ~rntiated by the CLIENT. andJor services that are required by changes in the requirements of public agencies. after work under this Agreement has commenced. DATA PROVIDED BY OTHERS: CLIENT is responsible for supplying ENGINEER with information and data required for ENGINEER'S use in accomplishing the work ENGINEER shall not be responsible or liable for any inaccurate or incomplete information provided by others, or for good faith use of inaccurate or incomplete information provided by others. OWNERSHIP OF DOCUMENTS: All documents. including drawings, specifications. field notes and electronic generated information and data prepared by ENGINEER pursuant to the terms of this Agreement, are proprietary and are the property of the ENGINEER. Copies of ENGINEERS non- proprietary documents will be made available to CLIENT at the Time and Expense Cost for reproducing said documents. The ENGINEER'S non-proprietary documents are not intended or represented to be suitable for reuse for extensions of this or any other project, and CLIENT or others are prohibited from making or ~ncorporaUng any adjustments. changes or amendments to them without specific written approval from the ENGINEER. LIMITATION OF LIABILITY: To the fullest extent permitted by law, and not withstanding any other provision of this Agreement. the total liability, in the aggregate, of the ENGINEER and the ENGINEER'S officers, directors. partners, employees. agents and sub-consultants, and any of them, to the CLIENT and anyone claiming by. through or under the CLIENT, for any and all claims, losses, costs or damages of any nature whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes. including but not limited to the negligence, professional errors or omissions, strict liability. breach of contract or warranty, express or implied. of the Design Professional or the Design Professionals officers. directors. employees, agents or sub-consultants, or any of them.. shall not exceed double the total compensation received by the Design Professional under this Agreement. or the total amount of S5,000 00, whichever is greater. INSURANCE: ENGINEER shall provide and maintain during the term of this Agreement Workers` Compensation Insurance in the amount required by law. Errors and Omissions Liability Insurance in an amount not Less than 51,000.000.00 and Comprehensive General Liability insurance in an amount not less than 51,000.000 00 per occurrence with no residential exemption. If requested. the ENGINEER shall provide the CLIENT with certificates evidencing such insurance. If the CLIENT specifically directs the ENGINEER to obtain increased insurance coverage, or if the nature of the ENGINEER'S activities requires additional Workers' Compensation or other mentioned coverage, the ENGINEER will take out such additional insurance, if obtainable. at the CLIENT'S expense. Mr Brian Fields, P.E. February 29. 2008 Page ? of 9 AGREEMENT MODIFICATION: This Agreement may be modified by the executing parties at any time, but no such modifscation shall be effective uniess reduced to writing and signed by both CLIENT and ENGINEER. PRIVITY OF AGREEMENT: This Agreement is not to be construed to provide any obligation from the ENGINEER to any third parties, including but not limited to any contractors {general or sub-), nor to any successors +n the title to the GLIENT. The rights under this Agreement only inure them to the parties hereto. ASSIGNA8ILITY: This Agreement is expressly understood to be non-transferable and non-assignable by either party without written consent of the other. ACCEPTANCE: The fees. terms and conditions offered in this Agreement shall be valid and open for acceptance by CLIENT for a period of thirty (30} days after the date of the Agreement. EFFECTIVE DATE: Thss Agreement shat! become effective on the date that it is signed by CLIENT and returned to ENGINEER with the required retainer. SUSPENSION QF SERVICES: If the project or the ENGINEERS services are suspended by the CLIENT for more than thirty (30} calendar days. consecutive or in the aggregate, over the term of this Agreement. the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, GLIENT shall compensate ENGINEER for expenses incurred as a result of the suspension and resumption of its services, and the CONSULTANT'S fees and schedule far the remainder of the project shall be equitably adjusted. If the ENGINEER`S services ere suspended for more than ninety (90) days, consecutive or in the aggregate, the ENGINEER may terminate this Agreement upon giving not less than five {5) calendar days' written notice to the CLIENT. If the CLIENT is in breach of the payment terms or otherwise ~s in material breach of tMs Agreement, the ENGINEER may suspend performance of services upon five (5} calendar days notice to the CLIENT. The ENGINEER shall have no liability to the CLIENT as a result of this suspension of service. and the CLIENT agrees to make no claim for any delay ar damage as a result of such suspension caused by any breach of this Agreement by the CLIENT. Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach that caused the CONSULTANT to suspend services, the ENGINEER shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. TERMINATION: The CLIENT may terminate this Agreement for the CLIENT'S convenience and without cause upon giving the ENGINEER not less than seven {7} calendar days' written notice. Either party may terminate this Agreement for cause upon giving the other party not less than seven {7) calendar days' written notice for any of the following reasons. • Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party, • Assignment of this Agreement or transfer of the project by either party to any other entity without the prior written consent of the other party. • Suspension of the project or the ENGINEER'S services by the GLIENT for more than ninety {90} calendar days. consecutive or in the aggregate. • Material changes in the conditions under which this Agreement was entered into, the scope of services ar the nature of the project, and the failure of the parties to reach agreement an the compensation and schedule adjustments} necessitated by such changes. In the event of termination of this Agreement by either party, the GLIENT shall within thirty {30) calendar days of termination pay the ENGINEER for all services rendered and ail reimbursable costs incurred by the ENGINEER up to the date of termination, in accordance with the payment provisions of this Agreement Mr Brian Fields. P E. February 29, 2008 Page 8 of 0 in event of any terming#ion that is not the fault of the ENGINEER, the CLIENT steal{ pay the ENGINEER, in addition to payment for services rendered and reimbursable costs 'ncurred, for ail expenses reasonably incurred by the CONSULTANT in connection with the orderly termination of this Agreement, including but not iim~ted to demobiiizat~on. reassignment of personnel, associated overhead costs and all other expenses directly resulting from the termination SEVERABIIITY: In the event that a court of competent jurisdiction determines that any term or provision of this Agreement is unenforceable for any reason, the balance of the terms and conditions shall nonetheless remain in full force and effect and such unenforceable provisions sha11 be deemed to have been excised and deleted from this Agreement as though it had never been a part hereof VENUE Cl.AU5E: The venue for ail collection actions or hUgation under this Contract shall be in Martin County. Florida. SPECIAL. PROVISIONS: Not applicable END 4F GENERAL TERMS AND CC?NDITIC3NS Mr Brun Fields. P E February 29 2008 Page 9 of 9 ~ne~~TEe Engineering, inc. Civil Engineering Professionals 301 NW Flagler Avenue, Stuart, Florida 34994 (772) 692-4344 "Fax: (772) 692-4341 E-mail: captecinfo@gocaptec.com CLIENT INFORMATION FORM CLIENT NAME: COMPANY NAME: MAILING ADDRESS CITY, STATE AND ZIP CODE: PHYSICAL ADDRESS: (if different from Mailing Address -needed for overnight delivery purposes) CITY, STATE AND ZIP CODE: TELEPHONE NUMBER: FAX NUMBER: OFFICIAL PROJECT NAME: ALL INVOICES WILL 8E SENT TO THE CLIENT, UNLESS OTHERWISE NOTED BELOW. INVOICES ARE TYPICALLY SUBMITTED DURING THE FIRST WEEK OF THE MONTH. COMMENTS.