HomeMy Public PortalAboutPoly Eng Pro Continuing Serv Cont (22)City of Crestview, Florida
PROFESSIONAL ENGINEERING SERVICES
CONTINUING SERVICES CONTRACT
THIS AGREEMENT is made this 21 day of 4-1-1) , 2018, between CITY OF
CRESTVIEW, FLORIDA, a municipal corporation, whose address is P.O. Drawer 1209,
Crestview, Florida 32536, the "City", and POLY, INC., whose address is 102 Sunset Lane,
Shalimar, Florida 32579, the "Consultant".
WHEREAS, the City desires to engage Consultant to provide professional engineering
services on an as -needed basis; and
WHEREAS, Consultant desires to render professional engineering services as
described in the Scope of Services, and has the qualifications, experience, staff and
resources to perform those services; and
WHEREAS, the City, through a selection process conducted in accordance with the
requirements of Florida law and City policy, has determined that it would be in the best interest
of the City to award a contract to Consultant for the rendering of those services described in
the Scope of Services.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, the parties hereto agree as follows:
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SECTION 1: EMPLOYMENT OF CONSULTANT. The City hereby agrees to engage
Consultant and Consultant hereby agrees to perform the services set forth in the Scope of
Services.
SECTION 2: SCOPE OF SERVICES. Consultant shall provide, on an as -needed
basis, the professional engineering services in accordance with the Scope of Services
attached hereto as Exhibit A. Services will be awarded on a project -by -project basis that may
include any or all of the services listed in Exhibit A, or services not specifically mentioned
but directly related to the specific discipline of the Consultant. There is no guarantee of any
minimum volume of work during the contract period, and the City reserves the right to award
work based on factors determined to be in the best interest of the City. Consultant may hire
sub -consultants to be used for portions of the required services; however, the primary
Consultant must be responsible for all the work performed. The contract amount for services
on any single project or task order will not exceed the limit set forth by current Florida Statute.
Assignments are to be carried out only after a description of the work to be accomplished has
been agreed -to in writing, a written estimate of the cost for the assignment has been found
acceptable to the City, and a written task order has been issued by the City.
SECTION 3: THE CITY'S RESPONSIBILITY. Except as provided in the Scope of
Services, the City's responsibilities are as follows:
A. To provide, within a reasonable time from the request of Consultant, existing
data, plans, reports, and other information in the City's possession or under the City's control
which are necessary for the performance of the duties of Consultant as described in the
Scope of Services; and to provide full information regarding requirements of the Scope of
Services, including objectives, budget constraints, criteria, and other requirements that exist
at the time of signing of this Agreement or which may develop during the performance of this
Agreement.
B. To give prompt written notice to Consultant if the City observes or otherwise
becomes aware of any fault or defect in the Scope of Services or non-conformance with the
documents which comprise this Agreement.
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C. To furnish required information and services and render approvals and
decisions as necessary for the orderly progress of the Consultant's services.
D. The City hereby designates the Director of Public Services or his designee to
act on the City's behalf with respect to the Scope of Services. The Director of Public Services
or his designee shall have complete authority to transmit instructions, receive information,
and interpret and define City's policies and decisions with respect to materials, elements, and
systems pertinent to Consultant's services.
SECTION 4: CONTRACT TIME.
A. The term of this contract shall be for THREE (3) years, beginning on the date
of its complete execution, with option to renew for 1 additional term of THREE (3) years, at
the sole discretion of the City, unless earlier terminated by the Crestview City Council.
B. Consultant agrees to commence work in accordance with the time specified in
each task order and complete the work within the time specified in the task order. The
Consultant shall work on each task order continuously and expeditiously from the time the
task order is issued. In the event that Consultant is delayed by acts of God, changes in the
Project, extras to the task order, or failure of the City to make timely and proper payments,
then Consultant shall, within forty-eight (48) hours of start of the delay, give written notice and
request for an extension of time from the City.
C. If Consultant fails, through its own fault, to complete the performance required
in a task order within the time set forth, as duly adjusted, then City shall be entitled, as its sole
remedy, to the recovery of direct damages, if any, resulting from such failure.
D. No Damages for Delay/Cumulative Impact; Consultant shall not be entitled to
any recovery for loss, expense, or damage due to delay. The Consultant shall not be entitled
to any recovery for loss, expense, or damage as a result of cumulative impact due to change
orders.
SECTION 5: COMPENSATION. Compensation for the Scope of Services performed
by the Consultant shall be payable as follows:
A. The compensation basis shall be either lump sum or time and materials, both
based on the rates set forth in the Rate Schedule attached hereto as Exhibit B, and as set
forth in the approved written task order for each assignment.
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