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HomeMy WebLinkAbout2003-068 INDIAN RIVER COUNTY - Q 8 PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC IMPACT ANALYSIS THIS AGREEMENT , entered into this 18th day of March , 2003 by and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida , hereinafter referred to as the "COUNTY" , and KIMLEY- HORN & ASSOCIATES , INC . hereinafter referred to as the " CONSULTANT" . WITNESSETH That the COUNTY and the CONSULTANT , in consideration of their mutual covenants , herein agree with respect to the performance of professional services by the CONSULTANT , and the payment for those services by the COUNTY , as set forth below . This agreement shall be referred to as the "AGREEMENT" . The CONSULTANT shall provide the COUNTY with professional Traffic Impact Analysis services and such other related services as defined herein . The CONSULTANT shall serve as the COUNTY ' s professional representative under the terms of this agreement , and shall give advice to the COUNTY during the performance of the services to be rendered . SECTION I — PROJECT LIMITS Project limits and Basic services required of the CONSULTANT for this project are as set forth in Attachment "A" — " PROJECT UNDERSTANDING " . SECTION II — COUNTY OBLIGATIONS The COUNTY agrees to provide the following material , data , or services as required in connection with the work to be performed under this Agreement : A . Provide the CONSULTANT with a copy of any pertinent preliminary data or reports available to the COUNTY . B . Provide the CONSULTANT with all reasonably available drawings , surveys , right-of-way maps , and other documents in the possession of the COUNTY that are pertinent to the project . C . The COUNTY shall make all provisions for the CONSULTANT to enter upon public or private property as reasonably required for the CONSULTANT to perform his services . D . The COUNTY shall supply the CONSULTANT with copies of all applicable local codes and regulations . SECTION III — SCOPE OF SERVICES The CONSULTANT agrees to perform all necessary professional Traffic Impact Analysis services and other pertinent services in connection with this "AGREEMENT" as and as set forth in the following : Attachment "A" — " PROJECT UNDERSTANDING " 1 of 6 SECTION IV — TIME FOR COMPLETION As set forth in Attachment "A" — " PROJECT UNDERSTANDING " SECTION V — COMPENSATION The COUNTY agrees to pay, and the CONSULTANT agrees to accept , for services rendered pursuant to this Agreement , fees in accordance with the following : As set forth in Attachment "A" — " PROJECT UNDERSTANDING " SECTION VI — ADDITIONAL SERVICES Additional service work occurs when the COUNTY requests changes after it has formally approved this Agreement . Additional service work shall not commence until a Change Order for the additional work has been formally issued by the County Traffic Engineer, and formally approved by the Board of County Commissioners , and the additional service work shall be performed in accordance with the fee schedule set forth in that Change Order. SECTION VII — CHANGE IN THE PROJECT SCOPE AFTER A CHANGE ORDER HAS BEEN EXECUTED If the project scope is changed after a Change Order has been executed , such work shall be the subject of a subsequent Change Order formally approved by the Board of County Commissioners . SECTION VIII — PAYMENTS As set forth in Attachment "A" — " PROJECT UNDERSTANDING " SECTION IX — RIGHT OF DECISIONS All services shall be performed by the CONSULTANT to the satisfaction of the County Traffic Engineer who shall decide all questions , difficulties , and disputes of whatever nature that may arise under or by reason of this Agreement , according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof. The COUNTY' s decision upon all claims , questions , and disputes shall be final , conclusive , and binding upon the parties hereto , unless such determination is clearly arbitrary or unreasonable . Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the County Traffic Engineer. If the CONSULTANT does not concur in the judgment of the County Traffic Engineer as to any decisions made by him or her, it shall present its written objections to the County Administrator of Indian River County, who shall make a decision , and the CONSULTANT shall abide by the County Administrator' s decision , unless the decision is clearly arbitrary or unreasonable . 2 of 6 1 . 1 ' SECTION X — OWNERSHIP AND REUSE OF DOCUMENTS A . Ownership and Copyright : Ownership and copyright of all reports , tracings , plans , specifications , field books , survey information , maps , contract documents , and other data developed by the CONSULTANT pursuant to this Agreement , shall be vested in the COUNTY . Said materials shall be made available to the COUNTY by the CONSULTANT at any time upon request of the COUNTY . On or before the tenth day after all work contemplated under this Agreement is complete , all of the above materials shall be delivered to the County Traffic Engineer, B . Reuse of Documents : All documents , including but not limited to reports , drawings and specifications , prepared by the CONSULTANT pursuant to this Agreement , are related exclusively to the services described herein . They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project . The COUNTY' s reuse of any document or drawing shall be at the COUNTY' s own risk . The COUNTY shall not hold the CONSULTANT liable for any modifications made to the documents by others . SECTION XI — NOTICES Any notices , reports or other written communications from the CONSULTANT to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the County Traffic Engineer, as evidenced by signed receipt . Any notices , reports or other communications from the COUNTY to the CONSULTANT , shall be considered delivered when posted by certified mail to the CONSULTANT at the last address left on file with the COUNTY or delivered in - person to said CONSULTANT or its authorized representative , as evidenced by signed receipt . SECTION XII — TERMINATION Either party may terminate this Agreement upon seven ( 7 ) days written notice to the other party, except if the CONSULTANT terminates this Agreement , such termination shall not be effective , absent the COUNTY' s consent , until the CONSULTANT' S completion to the COUNTY' s satisfaction . SECTION XIII — CONSULTANT ' S PERSONNEL ASSIGNED TO THE PROJECT The COUNTY shall have the right of approval of all CONSULTANT' s personnel assigned to any COUNTY project. Therefore , any subsequent changing of assigned personnel to any COUNTY project shall also be subject to COUNTY approval . Failure to adhere to this policy shall be considered a cause for contract termination . SECTION XIV — AUDIT RIGHTS The COUNTY reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the prosecution of the work included herein and for a period of three years after final payment is made . SECTION XV — SUBLETTING The CONSULTANT shall not sublet , assign , or transfer any work under this Agreement without the written consent of the COUNTY . When applicable and upon receipt of 3 of 6 such consent in writing , the CONSULTANT shall cause the names of the engineering firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data . SECTION XVI — WARRANTY The CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the CONSULTANT , to solicit or secure this Agreement , and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee , commission , percentage fee , gifts or any other considerations , contingent upon or resulting from the award or making of this Agreement . For the CONSULTANT' S breach of violation of this warranty , the COUNTY shall have the right to annul this Agreement without liability. SECTION XVII — DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of one year after the date of execution thereof, or until completion of all project phases as defined by the County Traffic Engineer, whichever occurs first , or unless otherwise terminated by mutual consent of the parties hereto , or terminated pursuant to Section XII — "Termination . " SECTION XVIII — INSURANCE During the performance of the work covered by this Agreement , the CONSULTANT shall provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the insurance listed in the Agreement . 1 . CONSULTANT shall procure and maintain for the duration of the Agreement , insurance against claims for injuries to .persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT , its agents , representatives , employees or subcontractors . The cost of such insurance shall be included in the CONSULTANT' s fees . 2 . Minimum Scope of Insurance (for fees less than $ 500 , 000)) : A . Worker' s Compensation as required by the State of Florida . Employers Liability of $ 100 , 000 each accident , $ 500 , 000 disease policy limit , and $ 100 , 000 disease each employee . B . General Liability $ 1 , 000 , 000 combined single limit per accident for bodily injury and property damage . Coverage shall include premises/operations , products/completed operations , contractual liability, and independent contractors . COUNTY shall be named an "Additional Insured " on the certificate of insurance . C . Auto Liability $ 1 , 000 , 000 combined single limit per accident for bodily injury and property damage . Coverage shall include owned vehicles , hired vehicles , and non -owned vehicles . COUNTY shall be named an "Additional Insured " on the certificate of insurance . D . Professional Liability Insurance providing coverage for negligent acts , errors , or omissions committed by CONSULTANT with a limit of $ 1 , 000 , 000 per claim/annual aggregate . This insurance shall extend coverage to loss of interest , earning , profit , use and 4 of 6 business interruption , cost of replacement power, and other special , indirect , and consequential damages . 3 . CONSULTANT' s insurance coverage shall be primary. 4 . All above insurance policies shall be placed with insurers with a Best' s rating of no less that A-VI . The insurer chosen shall also be licensed to do business in Florida . 5 . The insurance policies procured , other than professional liability, shall be occurrence forms , not claims made policies . Professional liability shall be on a claims- made basis . 6 . The insurance companies chosen shall provide certificates of insurance prior to issuance of notice to proceed , to the Indian River County Risk Management Department , 7 . Each insurance company shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 30 days notice to the Risk Management Department , of its intent to modify or cancel said policies of insurance . Such notice shall be in writing by registered mail , return receipt requested , and addressed to the Risk Manager of the Risk Management Department , 8 , The CONSULTANT shall include all sub-contractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein . 9 . Any deductibles or self- insured retentions greater than $ 5 , 000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the CONSULTANT . SECTION XIX - INDEMNIFICATION CONSULTANT hereby agrees to indemnify, and hold harmless , the COUNTY , and the COUNTY' s officers , employees and agents , from and against any and all claims from liabilities , damages , losses , costs , third party claims , judgments , and expense to persons or property, including reasonable attorneys ' fees , to the extent caused by the negligence , recklessness , or intentionally wrongful conduct of CONSULTANT , or of CONSULTANT' s officers , employees , or agents , and CONSULTANT shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith , including reasonable attorneys ' fees . SECTION XX — CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida , or in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . SECTION XXI — ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto , and there are no other Agreements and understandings , oral or written , with reference to the subject matter hereof that are not merged herein and superseded hereby. 5 of 6 No alteration , change , or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto . SECTION XXII - SEVERABILITY If any provision , section , or paragraph of this agreement is determined by a court of competent jurisdiction to be void , illegal , or unenforceable , the remaining portions not found to be void , illegal , or unenforceable , shall remain in full force and effect . IN WITNESS WHEREOF the parties hereto have executed these presents this _ /z' day of , 2003 . KIMLEY- HORN & ASSOCIATES , INC . INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS BY BY: ( tact � " Kenn01h4njrm�nn, Title : J+r. U. Board of County Commissioners Approved by the BCC : 8 ATTEST : loft) Jeffreyon Clerk of the Court BY: J MES E . C DLER DEPUTY CLERK OF COU OUNTY ADMINISTRATOR Approved as to Form and Legal Sufficiency WILLIAM G . COLLINS , II DEPUTY COUNTY ATTORNEY In4m R!v* coo ApprovedW/70 Admin, } Legal Gtr C Budget Dept. 6 of 6 LRI Mk M gr. Attachment " A " PROJECT UNDERSTANDING Indian River County desires to construct a new County Administration Complex on property bounded generally on the west by 20th Avenue , on the south by 26th Street , on the north by the Main Relief Canal and on the east by the Lateral E Canal . To address issues raised by City of Vero Beach officials , a traffic impact analysis is being undertaken to determine the impacts of the proposed development on the adjacent roadway network . Based on the understanding of the project , a scope of services , schedule and fee are as follows : SCOPE OF SERVICES Task 1 Traffic Impact Analysis Task 1 . 1 Pre-Application Conference - The CONSULTANT will attend a pre- application conference with Indian River County Traffic Engineer. The preliminary discussions that have been held that serve as the basis of this scope will be summarized . Task 1 . 2 Trip Generation - A projection of the anticipated project trips generated by the proposed County Administration Complex will be developed using ITE Trip generation 6th Ed . The new facility will be analyzed using ITE Code 733 -Government Building Complex . The existing administration building , purchasing building and other structures that will be demolished , will be taken as credits against the new trip generation . Task 1 . 3 Trip Distribution - The CONSULTANT will use the County's adopted thoroughfare network model to distribute traffic to and from the proposed facility. Modifications to the model to include Buena Vista Boulevard and the potential extension of 20th Avenue will be incorporated as appropriate . Task 1A Roadway and Intersection Analyses - CONSULTANT will perform analyses of the existing and future operation conditions of the significantly affected roadways and intersections as identified by the City of Vero Beach in the project vicinity. Roadway analyses will be based on PM peak hour peak season directional volumes . Intersection analyses will be based on PM peak hour peak season turning movement counts . Intersections will be analyzed using the HCS software and SYNCHRO where appropriate . Roadways will be analyzed using the FDOT Generalized Level of Service tables . No arterial analyses are included in this task . Task 1 . 5 Site Access - CONSULTANT will develop a driveway distribution for review and approval by the County Traffic Engineer. Project traffic will be assigned to the driveways based on the approved distribution . Recommendations for site access improvements will be addressed . Task 1 . 6 20th Avenue Extension - The study will be performed without the • • extension of 20th Avenue across the Main Relief Canal . However, should the analysis indicate unacceptable conditions on adjacent roadways or intersections , the model will be adjusted to reflect the extension of 20th Avenue in an effort to mitigate for the unacceptable conditions . In either case , a qualitative assessment of the impacts of the 20th Avenue extension will be prepared . Task 1 . 7 Report - CONSULTANT will prepare a report suitable for submittal to Indian River County. The report will include general recommendations for needed roadway and operations improvements , if any . Up to ten copies of a letter-type report will be prepared describing those services performed under this contract . Task 1 . 8 Meeting - Beyond the pre-application conference , CONSULTANT will attend one additional City Council or County Commission Hearing to present the results of this study if requested by the COUNTY . Task 2 . 0 Additional Services - CONSULTANT will provide additional services as authorized by County beyond those described in Task 1 . These additional services may include , but are not limited to the following : • Attendance at additional meetings and public hearings • Analysis of more than nine off-site intersections • Analysis of multiple phases INFORMATION SUPPLIED BY THE COUNTY The following information upon which the CONSULTANT may rely will be provided by the COUNTY : • COUNTY site information and build out date • Turning movement counts and signal timing at all study intersections SCHEDULE All work shall be completed within ninety (90 ) calendar days of the issuance of the notice to proceed with the contract work , subject to timely delivery of COUNTY-supplied information . FEE AND BILLING CONSULTANT will provide the services described in Task 1 for a lump sum amount of $ 10 , 000 , inclusive of expenses . CONSULTANT will provide those services described in Task 2 on the basis of a negotiated and written agreement executed by both parties at the time it is determined that such additional services are needed .