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HomeMy WebLinkAboutItem #07 Approval of Engineering Design Services for a Portion of the Central Force Main Project with Barrios Engineering, LLCW4 Y % OC -OPC' fI or! da AGENDA ITEM COVER SHEET Meeting Date: February 18, 2014 Item # Reviewed By:� Contact Name: David A. Wheeler, P.E. Department Director: Contact Number: 407 - 905 -3100, ext. 1504 City Manager: Subject: Engineering Design Services for a Portion of the Central Force Main Projec with Barrios Engineering, LLC — District 1 (Commissioner John Grogan) Background Summary: Stephens Barrios, LLC has submitted plans for a Family Dollar Store to be constructed on a vacate parcel beside the Marathon Oil Convenience Store on Wurst Road. The property and area are not currently served by City sanitary sewer services; the Marathon Oil Store has a septic system. The design for the Family Dollar Store initially included a septic system for sanitary waste treatment. This project is proposed to start construction shortly after approval by the City and be completed this year. The City Capital Improvement Program plans the construction of a new collection transmission system to support the downtown area west and southwest areas of the City. The transmission mains path runs west on A.D. Mims/Wurst Road to Lakewood Ave then south into the downtown area. The new main pass directly in front of the Family Dollar site. Staff will be seeking funding for the transmission main project Spring of 2014 with construction to follow within 210 days. Staff seeking opportunities to move forward with this project and assure the Family Dollar Store does not experience a double expense, a septic system and a year later connection to the transmission main, requested the developer /engineer to consider the design and construction of the portion of main need to provide sewer service to the development and the Marathon Oil Store. Barrios Engineering, LLC, the engineering design division of Carlos Barrios agreed and submitted a proposal to design the force main in the amount of $25,000. This portion of the force main will be deleted from the overall project, both design and construction. Fiscal Year 2013/2014 budget includes $200,000 to start the design of the downtown sewer and includes $40,000 for sewer line upsizing that will be used for construction. The approval of this item does not commit the City to using Barrios Engineering, LLC to perform the construction and the construction will require a later action by City Commission. Issue: Should the City employ Barrios Engineering, LLC to design a portion of the sanitary sewer force main along Wurst Road as part of the new Family Dollar Store? Recommendations: The Engineering and Utilities Departments recommend that the City Commission accept the proposal from Barrios Engineering, LLC to design the portion of the sanitary sewer force main from the Family Dollar Store property to the entrance of the A.D. Mims Wastewater Treatment Facility in the amount of $25,000 and authorize staff to issue a Purchase Order to Barrios Engineering, LLC for the design work. Attachments: Letter proposal dated January 10, 2014 from Barrios Engineering, LLC. Financial Impact: Fiscal Year 2013/2014 provides $200,000 in 401 - 531 -00 -6302 of which $21,500 has been used for other professional service leaving a balance of $178,500 available for the design. Type Of Item: (please mark with an `k') Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by 0 N/A 2 SARRIDS ENGINEERING, CCe. 823 Irma Avenue Orlando, FI. 32803 PH 407 - 236.2610 K 509.265.8150 January 10, 2014 City of Ocoee Attn: Mr. David Wheeler, P.E. City Engineer 150 North Lakeshore Drive Ocoee, Florida 34761 RE: 16" Force Main Extension City of Ocoee, Florida Barrios Engineering, LLC (BE, LLC) is pleased to present the following proposal for the above referenced project for your review and approval. We have based this proposal on our discussions and our knowledge of this site. DESCRIPTION OF PROPOSED WORK: Design a proposed 16" force main extension from Spring Street to entrance road for Jim Beech Recreation Center along Wurst Road and AD Mims Road. PROJECT OVERVIEW: This proposal includes civil engineering, and design for a proposed 16" force main extension. PROJECT CRITERIA AND ASSUMPTIONS: • The Owner (City of Ocoee) will secure and provide financing for the installation of the proposed 16" force main (project) including all associated expenses. • The Owner will provide legal representation on an as needed basis to review and approve legal documents pertaining to the project. • The Owner will review and approve all documents pertaining to the project. (e.g. Construction budget, Plans, etc.). • The Owner will order a Geotechnical Engineering Report with analysis of existing soils conditions, if needed, for placement of the proposed 16" force main. • Since a Soils / Geotechnical report is not available at the time of this proposal, we have assumed that soils conditions are adequate for the installation of the proposed force main. 9A R 1Zto5 ENGINEERfNG, LLC. 823 Irma Avenue Orlando, Fl. 32803 PH 407 - 286.2610 FK 509.265.8150 CIVIL ENGINEERING SCOPE BE, LLC will prepare designs and drawings that will include the following items, prepared in accordance with local, state, and federal regulations: • Site Dimension Plan • Utilities Plan • Sanitary Sewer force main and profiles • Sidewalks and Related Appurtenances • Erosion Control Plan; and • Specification and details • Maintenance of traffic plans PURPOSE To provide site construction documents with a level of detail required to obtain jurisdictional approval, and to construct the proposed project. We expect that the contractor's skill level and experience with site development will allow him to construct the project with these plans and there will be a limited number of clarifications and interaction with BE, LLC. CIVIL ENGINEERING PERMITTING SCOPE BE, LLC will prepare and submit the following required applications. Additionally, we will supply all prints and information necessary to procure these permits. We will attend public hearings and agency meetings as required, provided all travel costs related to such meetings are reimbursed by Owner: • FDEP Water /Wastewater Permits • City of Ocoee Utility Permit • Right -of -way (ROW) Utilization Permit (City of Ocoee) PI IRMO: To obtain jurisdictional approvals for all specified site -work elements. ENTITLEMENT COORDINATION SERVICES CARRfOS ENGINEEP(NG, LLC. 823 Irma Avenue Orlando, Fl. 32803 PH 407 - 286.2610 FX 509.265.3150 BE, LLC will procure, manage, and coordinate the following: • Boundary and Topographic Survey • Civil Engineering Documents CONSTRUCTION PHASE SERVICES PREREQUISITE REQUIREMENTS In order to begin this phase of the work, BE, LLC will require the following items: • Copy of the executed Owner /Contractor agreement • As Built survey required for project certifications following construction SCOPE BE, LLC will answer questions as they arise during construction. BE, LLC will also perform the following: • Respond to Contractor RFI's • Provide As -Built Certification Upon Receipt of As -Built Survey from Contractor • Review Shop Drawings PURPOSE To provide construction administration services during the construction phase by acting on the Owner's behalf during construction. ADDITIONAL WORK NOT INCLUDED IN THIS BASE SERVICE CONTRACT The following work is not included in the base contract and shall be compensated for a pre- agreed amount, or on an hourly basis per the rate schedule: • Legal Representation • Environmental services (i.e. Environmental Audit and Asbestos Removal Analysis) • Special Presentations and Color Renderings • Traffic Studies and Traffic Impact Analysis • Any type of project financing • Remediation of any and all unforeseen environmental contamination • Impact fees, plan approval fees, meter fees, and any other jurisdictional fees are NOT included in this proposal. • Lift Station Design BARRIOS ENGINEERING, U0. 823 Irma Avenue Orlando, Fl. 32803 PH 407 - 286.2610 FX 509.265.8150 WORK AND SERVICE PROVIDED BY OWNER • All permit, Utility, and Impact Fees • Legal Representation • Title Search • As -Built Survey COMPENSATION The compensation for "work provided by BE, LLC in Base Contract" shall be as follows: Civil Engineering Construction Documents Boundary and Topographic Survey Geotechnical Services (Terracon /Nodarsee) Printing, Plotting, Others Construction Phase Services $17,000.00 (Based on 200 hours @ blended rate of $85 /hour) $ 3,000.00 $ 3,500.00 $ 1,500.00 Hourly per fee schedule (Additional Services) Once fully engaged by signature below, we will commence immediately. The balance of payments due shall occur as follows: 50% upon completion of civil and drawings and first submittal to the City of Ocoee and FDEP for permit 25% upon first resubmittal to the City of Ocoee and FDEP for site permit; and 25% upon receipt of all Permits and completion of entitlement process ddlwkL MM BARR(05 ENGfNEERfNG, U0. 823 Irma Avenue Orlando, Fl. 32803 PH 407- 286.2610 FX 509.265.8150 We thank you for the opportunity to present this proposal, and look forward to working with you on a successful project. Barrios Engineering, LLC Carlos A. Barrios, PE Manager Owner Approval Your signature below indicates your agreement with terms of this proposal and that you have received reviewed and accepted such. The signed original proposal shall be immediately forwarded to BE, LLC at 823 Irma Avenue, Orlando, Florida 32803. Agreed and Accepted by: Date (Title of company) By: (Signature) gArrr;ros ENGINEERING, LLC. 823 Irma Avenue Orlando, Fl. 32803 PH :07-286.2610 FX `09.265.8150 ADDITIONAL TERMS AND CONDITIONS OF AGREEMENT Invoices shall be submitted monthly for work completed the previous month. Payment to BE, LLC shall be as per agreement for work completed by BE, LLC and in no way is payment to BE, LLC dependent upon a release schedule from Lender, unless previously agreed to by the parties. Payment is due within 30 days or as per payment schedule. Amounts unpaid when due, shall bear interest from the date due at the rate of 2.5% per month or the maximum rate allowed by law, whichever is greater. Said interest rate shall continue after BE, LLC obtains a judgment against the client for the delinquent accounts. If additional efforts must be expended in collection, all cost relating to the collection process, including attorney's fees, shall be considered a direct project expense added to the outstanding balance. If any dispute arises between BE, LLC and the client out of or as a direct result of this Agreement, the prevailing party, as determined by the laws of Florida, shall be entitled to the award of attorney's fees and all costs associated with the dispute. If the owner fails to make payment to the engineer in accordance with this agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Engineer's option, cause for suspension of performance of services under this agreement and BE, LLC reserves the right to notify all applicable lending institution and agencies, in the case of nonpayment. This fee is based on a continual flow of work for the project. Repeated starting and stopping or lengthy waiting for the information may increase the project time resulting in the need for additional compensation. Projects canceled prior to completion shall be invoiced (hourly rates enclosed) for time expended up to the cancellation, plus all reimbursable project expenses. ADDITIONAL SERVICES It is BE, LLC's basic policy to avoid additional services beyond the base contract whenever possible. However, it is understood that if changes occur, and additional services materially after the scope of the original program, BE, LLC's compensation shall be adjusted equitably. These additional services shall be agreed to by all parties before implementation and shall be invoiced on a pre- agreed amount or on an hourly basis as per the following rate schedule, Principal $175.00 Senior Project Manager $125.00 Project Designer $ 90.00 Project Coordinator $ 85.00 Senior CADD Technician $ 65.00 Project Assistant $ 45.00 Additional services performed by consultants shall be invoiced at cost plus 15% to cover the cost of coordination and Administration. BE, LLC will invoice hourly for coordination time involved with coordinating additional services from consultants. BARRfOS ENGtNEERfNC,, LLC. 823 Irma Avenue Orlando, Fl. 32S03 PH 407- 286.2610 FX 509.265.8150 INSURANCE BE, LLC Maintains the following insurance on behalf of its projects: • Comprehensive General Liability $2,000,000.00 EACH OCCURRENCE $4,000,000.00 AGGREGATE • Engineers Professional Liability $1,000,000.00 EACH OCCURANCE $2,000,000.00 AGGREGATE CERTIFICATES WILL BE ISSUED UPON REQUEST Any indemnification's, hold harmless agreement, or other clauses which determine the breadth of BE, LLC (or consultants) liability, shall be subject to review and approval by BE, LLC's insurance carrier prior to acceptance and inclusion in this contract. LOAN DOCUMENTS If the owner's financing agreement requires reviewing loan documents, site visits, review and approval of contractor payments applications, or other services BE, LLC is unaware of, then those services shall be invoiced additionally for a pre - agreed amount or on an hourly basis per the rate schedule. CERTIFICATIONS The proposed language of certificates or certifications requested of BE, LLC or BE, LLC's consultants shall be submitted to BE, LLC for review and approval at least 14 days prior to execution. Request for certifications that would require knowledge or services beyond the scope of this agreement shall be invoiced additionally for pre- agreed amount or on an hourly basis per the rate schedule. JURISDICTION AND VENUE The Agreement and any and all disputes arising between these parties shall be governed by the laws of the State of Florida. The client hereby agrees that proper venue for any and all disputes arising from this Agreement or between the parties shall be brought in a court of competent jurisdiction in Orange County, Florida and waives all rights to pursue an action in a foreign jurisdiction. ENGINEER'S DRAWING AND DOCUMENTS All drawings, specifications, Cadd disks and other documents prepared by the engineer in connection with the project shall be the property of the engineer and the engineer shall retain all common law, statutory or other reserved rights therein, until such time as they have been paid in full for all charges for the required services and authorized additional services, at which time ownership and other rights shall pass to the designee. BARRIOS ENGtNEERfNQ, LLC. 823 Irma Avenue Orlando, Fl. 32803 ^N 407-286.2010 FX 509.265.3150 The engineer will retain copies of all documents prepared by it for record purposes. Designee shall indemnify and hold harmless the engineer form and against any liability or expense whatsoever resulting from the use of such documents or any portion thereof for any other purpose. It is understood that BE, LLC shall have the right of first refusal (which shall not be unreasonably withheld) for any future projects relating to the use of these plans. CONSTRUCTION COST Evaluations of the owner's budget for the project, the preliminary estimate of the cost of work prepared by the engineer represent the engineer's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the engineer nor the owner has control over the cost of labor, materials or equipment, over the contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the engineer cannot and does not warrant or represent that bids or negotiated prices will not vary from the owner's budget for the project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Engineer. I411TIkIf- I fuel Z11591i11 I 9 A. The client hereby agrees that, to the fullest extent permitted by law, the consultant's total liability to the client and all others for any and all injuries, claims, losses, expenses, damages (including consequential damages), or claim expenses arising out of the agreement or its breach, from any cause, shall not exceed the total amount of the engineering fee. Such causes include, but are not limited to, the consultant's negligence, errors, omissions, strict liability, breach of contract and breach of warranty. B. The client agrees to defend, indemnify and hold the consultant harmless from all claims for liability in excess of the limits set forth in paragraph A above, for injury or loss sustained or alleged by any person or entity, whether a party to the agreement or not and allegedly arising out of the consultant's performance or services. C. BE, LLC's comments on this property are not meant to confirm the absence of asbestos, PCB's, toxic or hazardous soils or substances. A specialized expert investigation is recommended to attempt to verify the existence of these elements. D. BE, LLC will not have control over or be responsible for construction means, methods, safety precautions and programs in connection with the work, nor will BE, LLC be responsible for the contractors' failure to carry out the work in accordance with the contract documents. E. Individual Employees or Agents of Barrios Engineering, LLC may not be held individually liable. VALIDITY This contract is valid for 60 days and is subject to adjustment thereafter. Should the owner wish to use a contractual agreement other than this one, and then BE, LLC reserves the right to adjust fees accordingly, based on the terms, conditions and scope of services described in any such agreement.