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Item C22BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 8-21-02 Division: Public Works Bulk Item: Yes X No Department: En ineering AGENDA ITEM WORDING: Approval of a contract with Kisinger Campo & Associates Corp. to provide engineering services to repair the bridges on Card Sound Road. ITEM BACKGROUND: There are five bridges on Card Sound Road that require repairs; Card Sound Bridge, Saunders Creek, Mosquito Creek, Tubby's Creek and Steamboat Creek. In the past the County had an in-house bridge repair crew that would handle most repairs. However, that crew no longer exists. Therefore, we now need to hire a contractor and a consultant to prepare the plans, specifications and contract documents. The County will provide construction management services for this project. PREVIOUS RELEVANT BOCC ACTION: On 8-15-01 the BOCC approved an RFQ to do this work and authorized staff to negotiate a contract with the top ranked firm. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval as stated above. TOTAL COST: $207,487.00 BUDGETED: Yes X NO Cost to County: $207.487.00 Funds in Card Sound Road and Toll District REVENUE PRODUCING: YES — NO _ AMOUNT PER MONTH YEAR APPROVED BY: County 17. / OMB/Purchasing Risk Management Item Prepared by:_Y,_ I)Off S.-Koppel, P.E77zk�� DIVISION DIRECTOR APPROVAL: Dent Pierce, Division Director DOCUMENTATION: Included X To Follow Not Required DISPOSITION: AGENDA ITEM # �.% MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: KISINGER CAMPO & Contract # ASSOCIATES CORP. Effective Date: Upon Execution Expiration Date: Upon Completion Contract Purpose/Description: Card Sound Road Bridges Repair Design Contract Manager: David S. Koppel, PE 4426 (Name) (Ext.) for BOCC meeting on 08/21/02 Agenda Deadline: En ineerin Stop #1 (Department/Stop #) 08/07/02 CONTRACT COSTS Total Dollar Value of Contract: $ 207,487.00 Current Year Portion: $ To be B�/ 4Q_ I- ,,,,_ 2 determined udgeted? Yes No ❑ Account Codes: �--� � a-3.. Q, Grant: $ 0 County Match: $ 0 ADDITIONAL COSTS Estimated Ongoing Costs: $ 0 /yr For: of included in dollar value above e . maintenance, utilities, janitorial, salarie CONTRACT REVIEW etc. Changes Date Out Date In Needed iewer Division Director Yes❑ NoD Risk Management Yes❑ No[a"' —-- �d O.M.B./Purchasing YesF I No��.c,`�,. County Attorney /0�1. _ Yes❑ No 6 . Comments: 0MR Form RP6,a 1')/97/ni r,rrn 441 REV 2: 8-02-02 CONTRACT FOR ENGINEERING SERVICES BETWEEN OWNER AND ENGINEER This CONTRACT FOR ENGINEERING SERVICES BETWEEN MONROE COUNTY AND THE ENGINEER (the "Contract") is made and entered into by Monroe County (the "County") and KISINGER CAMPO & ASSOCIATES CORP., (the "Engineer"). The Engineering services required by this Contract are to be rendered for a project identified as the Project, described as follows: CARD SOUND ROAD BRIDGES REPAIR DESIGN NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the County and the Engineer agree: FORM OF AGREEMENT ARTICLE I 1.1 REPRESENTATIONS AND WARRANTIES By executing this Contract, the Engineer makes the following express representations and warranties to the County: 1.1.1 The Engineer is professionally qualified to act as the Engineer for the Project and is licensed to practice Engineering by all public entities having jurisdiction over the Engineer and the Project; 1.1.2 The Engineer shall maintain all necessary licenses, permits or other authorizations necessary to act as Engineer for the Project until the Engineer's duties hereunder have been fully satisfied; 1 1.1.3 The Engineer has become familiar with the Project site and the local conditions under which the Project is to be designed, constructed, and operated; 1.1.4 The Engineer shall prepare all documents required by this Contract including, but not limited to, all contract plans and specifications, in such a manner that they shall be accurate, coordinated and adequate for construction and shall be in conformity and comply with all applicable law, codes and regulations. The Engineer warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project; 1.1.5 The Engineer assumes full responsibility to the County for the improper acts and omissions of its consultants or others employed or retained by the Engineer in connection with the Project; 1.1.6 The Engineer's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The Engineer shall follow in general the design schedule provided in Exhibit B for the performance of the Engineer's services which may be adjusted as the Project proceeds if approved by the County, and shall include allowances for periods of time required for the County's review, and for approval of submission by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the County may not be exceeded by the Engineer except for delay caused by events not within the control of the Engineer or foreseeable by him, including extended review time by the County or unreasonable delays by regulatory permitting agencies. In the event the Engineer does not conform to the schedule, then the Engineer may be assessed a charge up to one percent (1%) of the design fee per week until the work product is produced in an acceptable manner. The penalty shall apply only to the completion of documents required for bidding, said date being met with the delivery of one final set to the County. The County is the sole judge on the assessment of the charge. ARTICLE II SCOPE OF ENGINEER'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Engineer's Basic Services consist of those described in Paragraphs 2.2 through 2.4, and any other services identified in this Contract as part of Basic Services, and include engineering services. 2.1.2 The Design for Construction shall include, but shall not necessarily be limited to, plans and specifications which describe all systems, elements, details, components, materials, equipment, and other information necessary for construction. The Design for Construction shall be accurate, coordinated and in all respects adequate for construction and shall be in conformity, and comply, with all applicable law, codes, permits, and regulations. Products, 2 equipment and materials specified for use shall be readily available unless written authorization to the contrary is given by the County. The Engineer shall be responsible for designing the Project in accordance with the analyses and recommendations of the geotechnical information furnished per Article 4.5. 2.2 DESIGN DEVELOPMENT 2.2.1 The Engineer shall review the program and construction budget furnished by the County to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the County. 2.2.2 The Engineer shall review the bridge inspection reports, physically perform a site review of the bridge, prioritize the bridge deficiencies and make recommendations as to the necessary repairs. The engineer shall obtain information on the deficiencies from the FDOT Bridge Inspection Report. 2.2.4 The Engineer shall prepare a Design Development Report for the County's approval. The Design Development Report shall consist of written documents that establish and describe the size and character of the proposed Repair Project as to Engineering and structural systems, materials and such other elements as may be appropriate. 2.3 CONSTRUCTION DOCUMENTS PHASE 2.3.1 Based on the approved Design Development Documents and any further adjustments authorized by the County in the scope or quality of the Project or in the construction budget, the Engineer shall prepare, for approval by the County, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. 2.3.2 The Engineer shall provide Drawings, applicable and Technical Special Provisions for the County's review (the Florida Department of Transportation Standard Specifications will be incorporated by reference). 2.3.3 Upon completion of the Construction Documents Phase, the Engineer shall provide Construction Documents for the County's approval. The Engineer shall provide the County up to 30 sets of Construction Documents. The Engineer shall provide an estimate of anticipated costs in accordance with the construction development phase. 2.3.4 The Engineer shall assist the County in the preparation of the necessary bidding information for the production of bidding forms, the Conditions of Contracts, and the forms of Agreements between the County and the Contractors by providing supporting information as to the projects scope, bid items, and construction duration. The County Engineer shall prepare all Bidding Forms, Conditions of the Contract, and Forms of Agreement. 3 2.3.5 The Engineer's construction documents (plans, specifications, etc.) will conform to all codes and regulations of the federal government, county, state, municipalities, agencies and state departments, in effect at the date of this Agreement, and shall be of such completion as to be acceptable for review and ruling by said agencies when applied for. The Engineer shall use due care in determining permit requirements and shall meet with regulatory agencies as necessary to coordinate specific permit requirements. The Engineer shall document all meetings and conversations with said regulatory agencies. If permits are denied for incompleteness or for lack of following said codes or regulations, or permit requirements, then the Engineer will conform the construction documents in such manner to receive permits upon such plans. Work required by the Engineer to conform with documents to federal, state, city, county, or agency specifications to allow them to be approved shall be completed at no charge or cost to the County, unless said requirements are changed during the course of the project. 2.3.6 The Engineer shall file (through the County) all documents required for the approval of governmental authorities having jurisdiction over the project. The Engineer shall file (through the County) the necessary documents to obtain permits. The County shall be responsible for the timely submittal of all permit application fees. 2.3.7 At intervals mutually agreeable to the County and Engineer, the Engineer shall provide drawings and other documents which depict the current status of design for the County's review and information. The Engineer shall provide an estimate of anticipated cost. 2.3.8 Upon completion of the Construction Documents Phase, the Engineer shall provide drawings, technical specifications and other documents for the County's approval and information. The Engineer shall provide an estimate of anticipated construction costs. 2.4 CONSTRUCTION DOCUMENTS PHASE REQUIREMENTS To satisfactorily perform the Construction Documents phase requirement, the Engineer must complete the tasks set forth in paragraphs 2.4.1 - 2.4.9. 2.4.1 Plan View - This consists of general plans and overall coordinating plans explaining repair work, and plan enlargements for important and special areas. 2.4.2 General Elevations 2.4.3 Sections Overall Sections - Overall bridge longitudinal and transverse "explanation" type. Detail Sections - Full sections conveying basic configurations and proposed repair work. 2.4.4 Details - as required. Indicate key conditions. a. Details to adequately indicate structural system. b. Details of major unique conditions that impact the proposed repair. El 2.4.5 Schedules - Prepare an estimate of the Construction Time. 2.4.6 Specifications - For general specifications, FDOT Specifications will be incorporated. Comprehensive, abbreviated methods, materials and systems descriptions in tune with the drawings will be developed as necessary with Technical Special Provisions. 2.4.7 Estimate of Construction Cost - Estimate of anticipated cost in accordance with the Design Development/Construction Documents. 2.4.8 Other Consultants' Design Development Sets- As appropriate to the Project. 2.4.9 Limitations - The above list of drawings represents, in general, the requirements of the Project. 2.5 CONSTRUCTION PHASE 2.5.1 The Engineer shall review and approve or take other appropriate action upon Contractor's Shop Drawings submittals for prefabricated elements to be placed permanently in the structure but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Engineer's action shall be taken with such reasonable promptness as to cause no delay in the Contractor's Work or in construction by the County's own forces, while allowing sufficient time in the Engineer's professional judgment to permit adequate review. In general, said review and action shall be completed in 10 working days from receipt of a shop drawing submittal, excluding resubmittals. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractors, all of which remain the responsibility of the Contractors to the extent required by the Contract Documents. The Engineer's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Engineer, of construction means, methods, techniques, sequences, or procedures. 2.5.2 The Engineer shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the Engineer or its consultants, or both. 2.5.3 The Engineer must reimburse the County for any added costs paid by the County during construction that were incurred as the result of any error, omission, deficiency, or conflict in the work product of the Engineer, its consultants, or both. This added expense is defined as the difference in cost from that which the County would have paid if the work was included in the bid, and the actual cost presented by the Contractor. The Engineer shall not be held responsible for additional deficiencies found due to a delay in the construction of the project or for those hidden deficiencies that could not reasonably be determined through a review of the FDOT Bridge Inspection Reports. 5 ARTICLE III 3.1 GENERAL 3.1.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the County as provided in this agreement as an addition to the compensation paid for the Basic Services but only if approved by the County before commencement. 3.2 OPTIONAL ADDITIONAL SERVICES 3.2.1 Providing detailed quantity surveys or inventories of material and equipment. 3.2.2 Providing analyses of owning and operating costs. 3.2.3 Providing special inspections, surveys, or environmental studies required for approvals of governmental authorities or others having jurisdiction over the Project. Providing surveys and environmental studies for a DEP submerged land easement. 3.2.4 Providing detailed estimates of the construction cost (an item by item enumeration and analysis of all the costs that go to make up the Engineer's final estimate described in paragraph 5.1). 3.2.5 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.2.6 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted Engineering practice. 3.2.7 Preparation of Plans for Navigation aides. 3.2.8 Provide underwater inspection services during design or construction. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: a. Inconsistent with approvals or instructions previously given by the County, including revisions made necessary by adjustments in the County's program or Project budget; b. Required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents and not reasonably anticipated; or c. Due to changes required as a result of the County's failure to render decisions in a timely manner. C 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the County's schedule, or the method of bidding or negotiating and contracting for construction. 3.3.3 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 3.3.4 Providing services in connection with public hearings. 3.3.5 Providing expert testimony on the County's behalf to assist with any judicial proceeding concerning the Project. When requested in writing by the County, the Engineer shall make available to the County any personnel or consultants employed or retained by the Engineer for the purpose of reviewing, studying, analyzing or investigating any claims, contentions, allegations, or legal actions relating to the Project. ARTICLE IV COUNTY"S RESPONSIBILITIES 4.1 The County shall provide full information regarding requirements for the Project, including a program which shall set forth the County's objectives, schedule, constraints and criteria. 4.2 The County shall establish and update an overall budget for the Project based on consultation with the Engineer, which shall include the Construction Cost, the County's other costs and reasonable contingencies related to all of these costs. 4.3 The County shall designate the County Engineer to act on the County's behalf with respects to the Project. The County Engineer shall render decisions in a timely manner pertaining to documents submitted by the Engineer in order to avoid unreasonable delay in the orderly and sequential progress of the Engineer's services. 4.4 The County shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights -of -way; restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 7 4.5 The County shall furnish the geotechnical tests when requested by the Engineer. Such tests may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, and ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.6 The County shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Engineer's services. 4.7 The County shall furnish the Engineer copies of written communications. 4.8 The County's review of any documents prepared by the Engineer or its consultants shall be solely for the purpose of determining whether such documents are generally consistent with the County's Criteria, as, and if, modified. No review of such documents shall relieve the Engineer of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.9 The County shall furnish structural, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.10 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the County's expense, and the Engineer shall be entitled to rely upon the accuracy and completeness thereof. 4.11 The County Engineer shall obtain bids or negotiated proposals and prepare contracts for construction. 4.12 The County Engineer shall issue bidding documents to bidders, conduct pre -bid conferences with prospective bidders, respond to questions from bidders, issue addenda, review contractor material submittals, perform construction inspection tasks, and perform construction administration duties. ARTICLE V CONSTRUCTION COST 5.1 Contemporaneously with the submission of the Design, the Engineer shall submit to the County in writing its final estimate of the contractor's anticipated bid price for constructing the Project. Once submitted, the final anticipated price estimate shall be adjusted by the Engineer to reflect any increase or decrease in anticipated price resulting from a change in Design. 5.2 The Construction Cost shall be the total estimated bid cost to the County of all elements of the Project designed or specified by the Engineer. 5.3 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the County and equipment designed, specified, selected or specially provided for by the Engineer, plus a reasonable allowance for the Contractor's overhead and profit. 5.4 Construction cost does not include the compensation of the Engineer and the Engineer's consultants, the costs of land, rights -of -way, financing or other costs which are the responsibility of the County. 5.5 The Engineer agrees that, should the bid for construction of the project exceed its estimate by ten percent (10%) or more, it will redesign, redraw or rebid, at no additional cost or expense to the Owner, until the bids are within the stated limits. ARTICLE VI 6.1 INDEMNITY 6.1.1 The Indemnity requirements are detailed in the attached Exhibit A. ARTICLE VII 7.1 PERSONNEL 7.1.1 The Engineer shall assign only qualified personnel to perform any service concerning the Project. At the time of execution of this Contract, the parties anticipate that the following named individuals will perform those functions as indicated: Name Function Paul Foley Ouality Control Engineer David Thompson Project Manager and Chie Engineer Douglas Stoker Structures Department Manager Jack Havnes Senior Structures Engineer Craig Toth Structures Engineer Luis Buitrago Structures En ineer So long as the individuals named above remain actively employed or retained by the Engineer, they shall perform the functions indicated next to their names. ARTICLE VIII 8.1 PAYMENTS 8.1.1 For its assumption and performance of the duties, obligations and responsibilities set forth herein, the Engineer shall be paid monthly, not to exceed the percentages shown in Paragraph 8.1.1.A. (A) The Engineer shall be paid for those services required by this Contract and for estimated expenses the lump sum amount of $207,487.00 , as detailed in Exhibit B, attached hereto; 1. Design Development Phase: 26 percent 2. Construction Documents Phase: 68 percent 3. Construction Phase 6 percent (B) For the performance of the optional additional services and contingent additional services described in Article III of this contract, provided same are first authorized in writing by the County, the Engineer shall be paid hourly at the following rates: Quality Control Engineer $166.90 Project Manager $115.60 Senior Engineer $108.80 Engineer/Designer $88.64 Technician $68.80 (C) If the Engineer's duties, obligations and responsibilities are materially changed through no fault of the Engineer after execution of this Contract, compensation due to the Engineer shall be equitably adjusted, either upward or downward; (D) As a condition precedent for any payment due under this Contract, the Engineer shall submit monthly, unless otherwise agreed in writing by the County, an invoice to the County requesting payment for services properly rendered. The Engineer's invoice shall describe with reasonable particularity the service rendered. The Engineer's invoice shall be accompanied by such documentation or data in support of additional approved expenses for which payment is sought as the County may require under Section 8.2. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. Therefore, it is agreed that the Engineer will not be obligated to perform services or incur costs which would result in the exceeding of the County's approved appropriations. 10 8.2 REIMBURSABLE EXPENSES 8.2.1 Reimbursable expenses include additional expenses incurred by the Engineer in the interest of the Project and at the request of the County Engineer which are associated with optional and contingent services as described in Section III: a. Expense of transportation and living expenses in connection with out -of -county travel authorized by the County, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Fees paid for securing approval of authorities having jurisdiction over the Project; c. Reproductions (beyond 30 sets of Bid Documents); d. Postage and handling of Drawings and Specifications; e. Renderings and Models requested by the County. f. Expense of additional insurance coverage or limits, including professional liability insurance requested by the County in excess of $1,000,000. The Engineer shall be reimbursed for the above expenses based on the actual expense incurred with no additional markup. Said amount shall be in addition to the amount listed 8.1.1 (A). ARTICLE IX 9.1 APPLICABLE LAW 9.1.1 This Contract is governed by the laws of the State of Florida. Venue for any litigation arising under this Contract must be in Monroe County, Florida. ARTICLE X 10.1 AUTHORITYSHIP OF THE PRELIMINARY DESIGN AND THE DESIGN FOR CONSTRUCTION 10.1.1 The Drawings, Specifications and other documents prepared by the Engineer for this Project are instruments of the Engineer's service for use solely with respect to this Project, and the Engineer shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The County shall be permitted to retain copies, including reproducible copies of the Engineer's Drawings, Specifications and other documents for information and reference in connection with the County's use and occupancy of the Project. The Engineer's Drawings, Specifications or other documents shall not be used by the County or others on other projects, for additions to this Project or for completion of this Project by others, unless the Engineer is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Engineer. 10.1.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Engineer's reserved rights. 11 ARTICLE XI 11.1 SUCCESSORS AND ASSIGNS 11.1.1 The Engineer shall not assign its rights hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the County. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. ARTICLE XII 12.1 NO THIRD PARTY BENEFICIARIES 12.1.1 Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. ARTICLE XIII 13.1 INSURANCE 13.1.1 The Engineer shall obtain insurance as specified in the attached Exhibit A and maintain the required insurance at all times this Contract is in effect. Errors and Omissions Insurance shall also be maintained for a period of two years after final completion of the project. 13.1.2 The coverage provided herein shall contain an endorsement providing sixty (60) days notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a form acceptable to the County. ARTICLE XIV TERMINATION 14.1 Either party hereto may terminate this Contract upon giving seven (7) days' written notice to the other in the event that such other party substantially fails to perform its material obligations set forth herein. 12 ARTICLE XV ENTIRE AGREEMENT 15.1 This Contract constitutes of the form of agreement (Articles I - XV), the exhibits (A and B) that are attached and made a part of the Contract, and the documents referred to in the form of agreement as a part of this Contract. In the event any conflict between any of those Contract documents, the one imposing the greater burden on the Engineer will control. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative this (SEAL) Attest: , Clerk By: Deputy Clerk (SEAL) Attest: , Clerk By: Title: day of , 2002. ENGINEER: KISINGER CAMPO & ASSOCIATES CORP. 13 By: (Joaquin M. Campo, P.E.) Title: Chairman of the Board Date: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman Date: APPROVED AS fu11 ;.,:, 'AN 6 i�E DATE"�