Okaloosa County BOCC — October 15, 2013 — Request for Approval to Adv RFP General Eng Services_Internal Coor Sheet_RFP — reading text

acquiring grants and loans from federal agencies or other applicable sources of funding. The types of projects which may be assigned include any type of project which may be under the purview of the Okaloosa County Airports Department or any other County Department. 1.4 The CONSULTANT is solely responsible to the COUNTY for correcting errors resulting from the CONSULTANT’S faulty or inaccurate performance. ARTICLE 2: ADDITIONAL SERVICES OF THE CONSULTANT If authorized in writing by the COUNTY, the CONSULTANT shall furnish Additional Services pursuant to this Agreement, which are considered by the COUNTY to be beyond the scope of an authorized Task Order. Additional services shall be documented by an additional Task Order and paid for by the COUNTY as indicated in Article 7 hereof. ARTICLE 3: OBLIGATIONS OF THE COUNTY 3.1. The COUNTY shall, with reasonable promptness, provide to the CONSULTANT available information regarding the requirements of the Services. Last Revised — 08/20/2013 19 3.2 3.3 3.4 3.5 3.6 3.7 3.8 The COUNTY shall make all provisions for the CONSULTANT to enter upon public and private property as required for the CONSULTANT to perform Services under this Agreement. The COUNTY shall give prompt written notice to the CONSULTANT whenever the COUNTY observes or otherwise becomes aware of any development that affects the scope or timing of the CONSULTANT's Services. The COUNTY and the COUNTY’S employees, agents, contractors and subcontractors shall promptly report to the CONSULTANT any defects in or problems with the Services being provided hereunder by the CONSULTANT in order to permit the CONSULTANT to take prompt and effective corrective action to remedy the defect and minimize any consequences which may result from such defective work. Unless otherwise agreed to in an authorized Task Order under this Agreement, the COUNTY shall obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, right-of- way, and access necessary for the CONSULTANT'S Services or project construction. The COUNTY shall examine the CONSULTANT'S studies, reports, sketches, drawings, specifications, proposals, and other documents and shall render in writing decisions required by the COUNTY in a timely manner. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Board of County Commissioners of Okaloosa County, The Uniform Commercial Code as may be in effect from time to time in Florida shall prevail as the basis for determining the rights and obligations of the COUNTY hereunder. ARTICLE 4: OBLIGATIONS OF THE CONSULTANT 4.1 4.2 4.3 The CONSULTANT'S responsibility under this Agreement is to provide general professional services for the COUNTY for projects which may be assigned through this Agreement. The CONSULTANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Standard of Practice: The standard of care applicable to CONSULTANT’s Services shall be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time said services are performed and in the same or similar locality. Subsurface Investigations: In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect Last Revised ~ 08/20/2013 20 44 4.5 the execution and costs of the authorized Services under this Agreement. These conditions and the execution/cost effects shall not be the responsibility of the CONSULTANT. The CONSULTANT will conduct the research that in its professional opinion is necessary and will prepare a plan indicating the locations for subsurface penetrations with respect to assumed locations of existing underground improvements. Such services by the CONSULTANT or its subconsultants will be performed in a manner consistent with the ordinary standard of professional care. The COUNTY recognizes, however, that such research may not identify all underground improvements and that the information upon which the CONSULTANT reasonably relies may contain errors or may be incomplete. Therefore, the COUNTY agrees, to the fullest extent permitted by law, to waive all claims and causes of action against the CONSULTANT and anyone for whom the CONSULTANT may be legally liable, for damages to underground improvements resulting from subsurface penetrations in locations established by the CONSULTANT that are based on properly filed and available records of said underground improvements. CONSULTANT’s Personnel at Construction Site: The presence or duties of the CONSULTANT’s personnel at a construction site, whether as onsite representatives or otherwise, shall not make the CONSULTANT or the CONSULTANT'S personnel in any way responsible for those duties that belong to the COUNTY and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction contract documents and any health or safety precautions required by such construction work, If and as requested by the COUNTY to perform construction inspection services per an authorized Task Order, the CONSULTANT shall be responsible for observing and inspecting construction activities and reporting to the COUNTY activities observed during construction. The CONSULTANT shall report to the COUNTY in a timely manner any observed health, safety, and other deficiencies in the work performed by the construction contractor(s) that are inconsistent with the requirements of the construction documents. The CONSULTANT neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor’s failure to perform work in accordance with the construction documents. For this Agreement, construction sites shall include places of manufacture for materials incorporated into the construction work, and construction contractors shall include manufacturers of materials incorporated into the construction work. Construction Progress Payments: Recommendations by the CONSULTANT to the COUNTY for periodic construction progress payments to the construction contractor(s) shall be based on the CONSULTANT'S knowledge, information, and belief from selective Last Revised - 08/20/2013 ai 4.6 4,7 4.8 sampling that the work has progressed to the point indicated. Such recommendations shall not represent that the CONSULTANT has made an examination to ascertain how or for what purpose the construction contractor(s) have used the monies paid; that title to any of the work, materials, or equipment has passed to the COUNTY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the COUNTY and the construction contractor(s) that affect the amount that should be paid. Record Drawings: Record drawings, if required, will be prepared on the basis of information compiled by the CONSULTANT and information furnished by others and shall represent the location, type of various components, and manner in which the project was finally constructed to the best knowledge, information, and belief of CONSULTANT. Record drawing deliverables shall be limited to the sealed and signed hard copies. Asbestos or Hazardous Substances: If asbestos or hazardous substances in any form are encountered or suspected, the CONSULTANT shall stop its own work in the affected portions to permit testing and evaluation. If asbestos or other hazardous substances are suspected, the CONSULTANT shall, if requested, manage testing to determine the extent of the issue, manage the necessary studies to recommend necessary remedial measures, and manage remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. The COUNTY recognizes that the CONSULTANT assumes no risk and/or tiability for a waste or hazardous waste site originated by other than the CONSULTANT. The Uniform Commercial Code as may be in effect from time to time in Florida shall prevail as the basis for determining the rights and obligations of the CONSULTANT hereunder. ARTICLE 5: PERIOD OF SERVICE 5.1 5.2 5.3 The Services called for hereunder shail be completed in accordance with the respective task schedules as indicated in separately authorized Task Orders. The CONSULTANT shall perform authorized Services under this Agreement with due and reasonable diligence consistent with sound professional practices. This Agreement shall become effective on upon completion of signatures by both parties and shal! remain in effect for three (3) years until , unless terminated sooner or extended by mutual agreement in writing. This Agreement may be renewed for an additional one-year period, two consecutive times. The CONSULTANT shall give prompt written notice to the COUNTY whenever the CONSULTANT observes or otherwise becomes aware of any development that affects the scope or timing of the CONSULTANT’s Services. Last Revised — 08/20/2013 22 ARTICLE 6: REIMBURSABLE EXPENSES DEFINED 6.1 6.2 Reimbursable Expenses shall be defined as actual expenses incurred by the CONSULTANT and the CONSULTANT’s independent professional associates or consultants, directly and indirectly in connection with the Services, such as expenses for transportation and subsistence incidental thereto; obtaining bids or proposals from contractor(s); providing and maintaining field office facilities including furnishings and utilities; subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls, facsimiles and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Services-related items. The CONSULTANT shall be compensated by the COUNTY for Reimbursable Expenses when and as identified in an authorized Task Order on the basis set forth in Exhibit 2 attached herein. The COUNTY’s responsibility for providing compensation to the CONSULTANT for Reimbursable Expenses shall be limited to only those Reimbursable Expenses identified and agreed to in an authorized Task Order. ARTICLE 7: PAYMENTS TO CONSULTANT 7A 7.2 7.3 7.4 7.5 The COUNTY shall pay the CONSULTANT for Basic and Additional Services and Reimbursable Expenses, if any, on the basis set forth in Exhibit 2 attached herein and in each separately authorized Task Order. The CONSULTANT shall submit monthly invoices to the COUNTY for Services rendered and Reimbursable Expenses, if applicable, incurred since the last monthly statement. Invoices shall be, at minimum, numbered sequentially and specify the time period for charges, the work performed, the amount requested for that invoice and a total amount paid to date and budget remaining. The invoice received from the CONSULTANT pursuant to this Agreement will be reviewed and approved by the Airport Director or his/her designee, indicating the services have been rendered in conformity with the Agreement, then will be sent to the Purchasing Director or to the County Manager, in conformance with the County Purchasing Policy, for approval and then will be