HomeMy WebLinkAbout2004-150 R1�► _
ROADWAY IMPROVEMENTS TO EAST CR 510 AND NORTH AlA
PROFESSIONAL CIVIL ENGINEERING, GEOTECHNICAL ENGINEERING
AND LAND SURVEYING SERVICES
This AGREEMENT, entered into this 22nd day of June , 2004, by and
between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to
as the COUNTY, and KIMLEY-HORN AND ASSOCIATES , INC . , Vero Beach, Florida, hereinafter
referred to as the ENGINEER,
WITNESSETH
The COUNTY and the ENGINEER, in consideration of their mutual covenants, herein agree with
respect to the performance of professional civil engineering, geotechnical engineering, land surveying and
related services by the ENGINEER and the payment for those services by the COUNTY as set forth below.
The ENGINEER shall provide professional engineering and related services for the COUNTY in
all phases of the project described in Section Ill - Scope of Services; serve as the COUNTY'S professional
representative for the project; and shall give professional engineering and land surveying advice to the
COUNTY during the performance of the services to be rendered.
SECTION I - PROJECT LIMITS AND DESCRIPTION
Consultant services are required for the preparation of design surveys, roadway improvement
plans, permit applications and construction phase services associated with roadway improvements to CR
510 and to SR AIA. The roadway improvements along the two corridors consists of the following:
1 . Pebble Beach Villas Turn Lane Improvement (600 fo — the COUNTY desires to construct a
northbound right tum lane on SR AIA at the driveway connection to the Pebble Beach Villas
condominium.
2. SR AIA Bi-directional Turn Lane (4. 100 ft. ) — the COUNTY desires to construct a bi-
directional turn lane on SR AIA. The bi-directional turn lane shall tie-in to the existing three
lane roadway sections immediately north of CR 510 and south of Orchid Island Drive .
3. Treasure Shores Park Turn Lane Improvement (1 . 300ft. ) — the COUNTY desires construct a
southbound left tum lane on SR AlA at the driveway connection of the Treasure Shores Park.
4. Sea View Turn Lane Improvement (600 ft. ) — the COUNTY desires to construct a northbound
right tum lane on SR AIA at the driveway connection to the SeaView development.
5. McLarty Museum Turn Lane Improvements (L50 ft. ) — the COUNTY desires to construct a
northbound right tum lane on SR AIA at the southern driveway connection to the McLarty
Museum.
6. Sebastian Inlet Day- Use Park Turn Lane Improvements (1 . 500 ft. ) — the COUNTY desires to
construct a northbound right turn lane and a southbound left tum lane on SR AIA at the
southern driveway connection to the Day-Use Park.
7. CR 510/Wabasso Island Lane Roadway Improvements (1 . 000 ft. � — the COUNTY desires to
construct an eastbound right tum lane on CR 510 onto Wabasso Island Lane . The
ENGINEER is to evaluate the opportunity to construct a slip lane that will allow eastbound
CR 510 vehicular traffic to egress onto Wabasso Island Lane . In addition to the eastbound
right turn lane on CR 510, the COUNTY desires to construct a westbound right turn lane at
the entrance to the Marsh Island Development.
8, CR 510 Roadway Improvements (2, 700 ft. ) — the COUNTY desires to construct a bi-
directional tum lane on CR 510 approximately between Orchid Island Drive and Jungle Trail .
The bi-directional turn lane will connect to existing three lane roadway sections at both ends
of the roadway improvement. The COUNTY also desires to evaluate alternative roadway
improvements to the horizontal curve on CR 510 immediately east of the intercoastal
waterway bridge . Potential improvements to the roadway in the vicinity of the horizontal
curve will be median additions, pavement widening and signing and marking improvements.
SECTION II - COUNTY OBLIGATIONS
The COUNTY agrees to provide (in a timely manner) the following material, data, or services as
required in connection with the work to be performed under this Agreement; all of which information the
ENGINEER may use and reasonably rely upon:
A. Provide the ENGINEER with a copy of all previously conducted studies, geotechnical
investigations, traffic counts, preliminary data or reports available, existing location
surveys, topographic surveys, and related documents.
B . Provide the ENGINEER with all available drawings, right-of-way maps, and other
documents in the possession of the COUNTY pertinent to the project.
C . The COUNTY shall be responsible for acquiring all right-of-ways, easements and other
rights in land as necessary to complete the project.
D . The COUNTY shall make provisions for the ENGINEER to enter upon public and private
property as required for the ENGINEER to perform his services .
E . The COUNTY will promptly execute all permit applications and provide application fees
necessary to expedite the acquisition of any local, state or federal permits made necessary
by the project.
F . The COUNTY shall provide all right-of-way maps, parcel sketches, legal descriptions, and
abstracts of title for each parcel necessary for the road construction.
SECTION III - SCOPE OF SERVICES
The ENGINEER agrees to perform professional roadway design and related services in connection
with the project as required and set forth in the following:
A. General
1 . The ENGINEER will endeavor not to duplicate any previous work done on the
project. After issuance of written authorization to proceed, the ENGINEER shall
consult with the COUNTY to clarify and define the COUNTY'S requirements for
the project and review all available data.
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2 . The ENGINEER will attend conferences with the COUNTY and its
representatives upon reasonable request.
3 . In order to accomplish the work described under this Agreement in the time
frames and conditions set forth in this Agreement, the ENGINEER will observe
the following requirements :
a. The ENGINEER will complete his work on the project within the time
allowed by maintaining an adequate staff of registered engineers,
draftsmen, and other employees on the work at all times .
b . The ENGINEER will design the project in such a manner as to be in
conformance with all applicable federal, state and local laws, and shall
comply with the Florida Department of Transportation's Manual on
Uniform Minimum Standards for the Design, Construction, and
Maintenance of Streets and Highways (Green Book), latest edition.
C , The ENGINEER will prepare all necessary sketches and completed
application forms to accompany the COUNTY'S applications for required
federal , state, or local permits.
d. The ENGINEER will cooperate with the COUNTY in order that all
phases of the work may be properly scheduled and coordinated.
e. The ENGINEER will send a complete preliminary set of construction
plans to any city, county, state or federal regulatory agency from which a
permit or other approval is required prior to final approval of the design
by the Director of the Public Works Department, and will coordinate the
project design with all applicable agencies .
f. The ENGINEER will contact all known utility companies having
installations in the immediate vicinity of the proposed work and consider
relocation of utilities, if necessary. The ENGINEER will provide the
COUNTY with necessary information relative to required utility
adjustments, relocations and installations and will show all existing
utilities on the final design plans .
Design modifications to existing COUNTY utility lines, if necessary, may
be negotiated by a separate agreement with the County Utility
Department, or the County Utilities Department may design modifications
with Utility Department Staff or other consultants.
g. The ENGINEER shall report the status of this project to the Director of
the Public Works Department upon request and hold all drawings,
calculations and related work open to the inspection of the Director or his
authorized agent at any time, upon reasonable request.
4. The ENGINEER will furnish copies of the drawings, specifications and contract
documents as required by the COUNTY for materials suppliers, federal , state and
local agencies from whom approval of the project must be obtained. Upon
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bidding of the construction contract, the ENGINEER will furnish to the
COUNTY 11 " x 17" originals of the drawings and copies of the specifications for
the COUNTY to copy for prospective bidders . Additional copies beyond those
identified will be provided at cost. All original documents, survey notes, field
books, tracings, and the like including all items furnished to the ENGINEER by
the COUNTY pursuant to this Agreement, are and shall remain the property of the
COUNTY.
5 . The drawings prepared by the ENGINEER will be of sufficient detail to permit
the actual location of the proposed improvements. Negotiation for all land rights
shall be accomplished by the COUNTY, unless the COUNTY requests the
ENGINEER to perform these services in a subsequent work order to this
AGREEMENT. In this event, the ENGINEER shall be compensated for such
additional services in accordance with Section VI of this AGREEMENT.
6. The ENGINEER acknowledges that preparation of applicable permits for the
COUNTY'S submittal through governmental regulatory agencies is included
within the scope of basic compensation for this Agreement. Any additional work
required by regulatory agencies pursuant to regulations established after the date
of this Agreement shall be an additional service and the COUNTY shall
compensate the ENGINEER in accordance with SECTION VI - Additional Work,
of this Agreement and in accordance with the fee schedule in this Agreement, as
approved by the COUNTY prior to commencement of any work performed.
7. If following execution of this Agreement the COUNTY proposes to construct the
improvements in a revised phased manner which requires the preparation of plans
or the need to obtain or modify permits previously obtained, the ENGINEER will
be compensated for this effort in accordance with the approved fee schedule in a
subsequent work order to this Agreement. No such additional work shall be
initiated unless approved by the Indian River County Board of County
Commissioners.
8 . Compensation to the ENGINEER for basic services shall be in accordance with
Section V — Compensation, of this Agreement, as mutually agreed upon by the
ENGINEER and COUNTY.
B . Design Survey
The ENGINEER shall provide design survey services necessary to support and facilitate
contemplated design and permitting activities associated with this project.
1 . Establish a project wide Horizontal Control Network for each project location
within the DESIGN LIMITS ,
2 . Establishment of a project wide Vertical Control Network for each project
location within the DESIGN LIMITS . All elevations will be referenced to NGVD
1929 datum.
3 . Field establishment and monumentation of survey baselines to control future
construction . The DESIGN LIMITS for each project location are as follows :
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1 . Pebble Beach Villas Turn Lane Improvement — the DESIGN LIMITS shall
extend one hundred feet ( 100 ) north and five hundred feet (500 ) south of the
Pebble Beach Villas driveway connection to SR AIA. Acquisition of cross-
sections within the DESIGN LIMITS on SR AIA shall be at one hundred foot
( 100 ) intervals. The cross sections shall extend across the right-of-way and a
minimum of twenty feet (20 ) outside the right-of-way.
2. SR AIA Bi-directional Turn Lane — the DESIGN LIMITS shall begin four
hundred feet (400 ) north of CR 510 and continue twenty-eight hundred feet
(2800 ') north along SR AlA to Orchid Island Drive. Acquisition of cross-
sections within the DESIGN LIMITS on SR AlA shall be at one hundred foot
( 100 ') intervals. The cross sections shall extend across the right-of-way and a
minimum of twenty feet (20 ' ) outside the right-of-way.
3. Treasure Shores Park Turn Lane Improvement — the DESIGN LIMITS shall
extend eight hundred feet (800 ' ) north and five hundred feet (500 ' ) south of the
Treasure Shores Park driveway connection to SR AlA. Acquisition of cross-
sections within the DESIGN LIMITS on SR AIA shall be at one hundred foot
( 100 ' ) intervals. The cross sections shall extend across the right-of-way and a
minimum of twenty feet (20 ' ) outside the right-of-way.
4. Sea View Turn Lane Improvement — the DESIGN LIMITS shall extend one
hundred feet ( 100 ) north and five hundred feet (500 ) south of the SeaView
development ' s driveway connection to SR AIA. Acquisition of cross-sections
within the DESIGN LIMITS on SR A 1 shall be at one hundred foot ( 100 )
intervals. The cross sections shall extend across the right-of-way and a minimum
of twenty feet (20 ' ) outside the right-of-way.
5. McLarty Museum Turn Lane Improvements — the DESIGN LIMITS shall
extend one hundred and fifty feet ( 150 ) north and five hundred feet (500 ' ) south
along SR AlA from the McLarty Museum' s southern driveway connection .
Acquisition of cross-sections within the DESIGN LIMITS on SR AIA shall be at
one hundred foot ( 100 ) intervals. The cross sections shall extend across the
right-of-way and a minimum of twenty feet (20 ' ) outside the right-of-way.
6. Sebastian Inlet Day- Use Park Turn Lane Improvements — the DESIGN
LIMITS shall extend one thousand feet ( 1000 ' ) north and five hundred feet (500 ' )
south along SR AIA from the Day-Use Park' s southern driveway connection.
Acquisition of cross-sections within the DESIGN LIMITS on SR AlA shall be at
one hundred foot ( 100 ' ) intervals. The cross sections shall extend across the
right-of-way and a minimum of twenty feet (20 ' ) outside the right-of--way.
7. CR 510/Wabasso Island Lane Roadway Improvements — the DESIGN LIMITS
shall extend five hundred (500 ' ) east and west along CR 510 from the CR
510/Wabasso Island Lane intersection. In addition the CR 510 survey,
topographic survey data shall be collected along Wabasso Island Lane three
hundred feet south of the CR 510/ Wabasso Island Lane intersection. Acquisition
of cross-sections within the DESIGN LIMITS on CR 510 and Wabasso Island
Lane shall be at one hundred foot ( 100 ) intervals. The cross sections shall extend
across the right-of-way and a minimum of twenty feet (20 ' ) outside the right-of-
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way.
8. CR 510 Roadway Improvements — the DESIGN LIMITS shall extend fourteen
hundred feet ( 1400 ' ) west and thirteen hundred feet ( 1300 ' ) east of the CR 510/
Orchid Island Drive intersection. Acquisition of cross-sections within the
DESIGN LIMITS on CR 510 shall be at one hundred foot ( 100 ' ) intervals. The
cross sections shall extend across the right-of-way and a minimum of twenty feet
(20 ' ) outside the right-of--way.
4 . Improvements within the DESIGN LIMITS for each location will include above
ground visible improvements such as existing pavement location, curbing, utilities
(above ground locations only), drainage facilities, sidewalks, fences, signage and
guardrails within the right-of-way.
5 . Final output will be in the form of a digital AutoCAD, release 2000i DWG file.
All surveying will conform to the minimum technical standards set forth by the
Florida Board of Professional Land Surveyors in Chapter 61G17-6, Florida
Administrative Code, pursuant to Section 472 .027 , Florida Statutes ,
6 . Research and analysis of existing right of way information (to include Abstracts or
Title Searches as provided by COUNTY) field location of existing right of way
monumentation and determination of the location and extent of existing right of
way in the vicinity of the nine project locations .
C . Geotechnical Investigation
An outline of the proposed geotechnical services provided by our sub-consultant
Dunkelberger Engineering & Testing, Inc . (DET) in connection with the project ' s design
is shown below.
■ Cut 10 pavement cores to establish the composition of the in-place pavement
materials. A 6 ' deep hand-auger boring will be extended below the pavement
section at each core location to characterize the in-place embankment soils.
■ D ill 6 ' deep hand-auger borings within the proposed turn lanes to evaluate the in-
place subsoils and measure groundwater levels. These borings will be drilled at a
horizontal spacing of about 500 ' . A total of about 32 borings will be drilled.
■ Perform three (3) double-ring infiltrometer tests in proposed swale areas to
provide infiltration (percolation) rates for stormwater design. A single test will be
performed at project site no. 2 , 5 and 7 .
Prepare and submit brief engineering report of our findings, conclusions and
recommendations as they pertain to the planned construction.
In order to assist the sub-consultant in the subsoil data acquisition, the COUNTY has
agreed to provide a mobile traffic control vehicle to enable safe and expeditious sample
collection. The COUNTY will provide the traffic control vehicle for no more than two
days.
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D . Roadwa. Plans
Roadway plans shall be prepared to include: plotting of survey data; establishment of
profile grades; key map; plan and profile sheets (including geometric calculations); typical
section sheets; summary of quantities; summary of drainage structures; cross-section
sheets at 100' intervals (including earthwork computations); signing and pavement
marking plans; and other detail sheets necessary to convey the intent of the scope of
services outlined herein. All plans shall be prepared in the English units.
The following additional data shall be utilized for development of the plans .
1 . Typical Sections :
The ENGINEER will prepare typical sections for review and approval .
Preliminary typicals depicting the design section shall be submitted prior to
preparation of roadway plans.
2 . Scale:
The roadway plan and profile sheets will be drawn at a scale of 1 " = 40' for each
project location.
3 . Pavement Design :
The ENGINEER shall submit roadway pavement designs . Relevant traffic count
data, will be made available to the ENGINEER by the COUNTY. The
Geotechnical Engineer will provide recommended LBR and soil survey data to the
ENGINEER.
4 . Rural roadway sections will be utilized for all roadway improvements .
5 . The Roadway plans will be submitted to the COUNTY for review at the 30% ,
90% and 100% stages of design . Permit application submittals will be made
subsequent to the 90% plan set submittal approval by the COUNTY.
E . Drainage Plans
1 . Drainage Parameters :
Perform drainage investigations and analysis necessary to prepare a design which
will drain the project in accordance with the COUNTY, SJRWMD, and Florida
Department of Transportation design criteria.
2 . Environmental Permits:
The ENGINEER shall prepare stormwater permit applications for the St. Johns
River Water Management District and US Environmental Protection requirements
for submittal by the COUNTY. This will consist of all required evaluation,
design, coordination, and follow-up work necessary to support permit
applications. The COUNTY will review the permit applications as necessary.
The ENGINEER shall assemble and be responsible for the final submittal .
The ENGINEER shall prepare permit sketches for submission by the COUNTY to
Florida Department of Environmental Protection, U. S . Army Corps of Engineers,
and St. Johns River Water Management District for Dredge and Fill activities, if
necessary. The ENGINEER shall submit all permit sketches on 8 " x 11 " sheets.
Sketches shall be neatly scaled, signed and sealed, and reproducible.
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3 . Utilities :
Utility coordination with the various Utility Companies and/or agencies shall be
by the ENGINEER and identified conflicts addressed. The ENGINEER will be
prepared, at additional hourly rates, to survey the project site to locate and
determine depth of underground utilities, in coordination with the Utility
Companies .
F . Signing and Pavement Marking Plans
Preparation of the plan layout; key map; quantities (including signing and pavement
marking quantity); tabulation of quantities; and detail of all major signs. All plans are to
be prepared in accordance with the latest design standards and practices (MUTCD),
FDOT Standard Specifications, Indexes, and shall be accurate, legible, complete in design
and drawn at the same scale as the Roadway Plans, furnished in reproducible form.
G. Construction Phase Assistance
Construction phase assistance shall be submitted to the COUNTY under a supplemental
Work Order, if so desired, once the construction documents have been finalized and a
construction duration has been determined.
H. Certification
1 . The ENGINEER will provide certification to St. Johns River Water Management
District based on As-Built drawings provided by the Contractor ' s licensed
surveyor and information provided by the COUNTY.
2 , The ENGINEER will provide certification to the Florida Department of
Transportation based on As-Built drawings provided by the Contractor' s licensed
surveyor and information provided by the COUNTY.
SECTION IV - TUNIE FOR COMPLETION
The time for completion of the 90% design drawings, permit applications, and Engineer's Opinion
of Probable Construction Cost for the nine projects shall be fifteen ( 15) months. Once permits are
received, 100% design drawings shall be completed 90 days thereafter.
SECTION V - COMPENSATION
The COUNTY agrees to pay and the ENGINEER agrees to accept for services rendered pursuant
to this Agreement fees in accordance with the following:
A. Professional Services Fee
1 . The basic compensation mutually agreed upon by the ENGINEER and the
COUNTY follows :
Roadway Improvements to East CR-510 and North AIA
Task Fee
Lump Sum Components'
Design Survey $455470
Geotechnical Investigation $ 8 , 515
Roadway Design $ 1625847
Total $216, 83
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' Inclusive of expenses .
B . Additional Services Fee
The COUNTY agrees to pay for additional services that are outside or beyond the lump
sum scope of services identified above in accordance with the approved hourly rate
schedule. In the event additional services are provided beyond the time of completion
outlined above, the rate schedule shall be subject to reasonable increase in accordance
with the Consumer Price Index.
SECTION VI - ADDITIONAL WORK
In the event changes are requested by the COUNTY to the contract plans after said plans have
been approved and accepted by the COUNTY and upon the issuance of a work order for said additional
work by the Director of the Public Works Department, said additional work may commence in accordance
with the fee schedule included in the work order.
SECTION VII - PARTIAL PAYMENTS
The COUNTY shall make monthly partial payments to the ENGINEER based upon a percent
complete of lump sum components and actual effort on hourly components as identified in this Agreement.
Payments will be made within forty-five (45) days of invoice receipt. Payment shall be made pursuant to
the Florida Prompt Payment Act, Florida Statute 218 . 70 et seq.
SECTION VIII - EXTRA WORK
In the event extra work is necessary by the ENGINEER due to a change in scope of the project,
such work shall be the subject of a supplemental Work Order approved by the Board of County
Commissioners. The work shall be completed in accordance with the following rate schedule:
Project Manager $ 135
Project Engineer (P .E. ) $ 120
Analyst $ 100
Registered Land Surveyor $80
Environmental Professional $ 100
Engineering Technician — $ 85
Inspector $65
Engineering Technician — CADD $70
Engineering Technician/Draftsman $65
Support Staff $45
3 -Man Survey Crew $95
2-Man Survey Crew $ 85
SECTION IX - RIGHT OF DECISIONS
All services shall be performed by the ENGINEER to the satisfaction of the Director of the Public
Works Department who shall decide all questions, difficulties, and disputes of whatever nature which may
arise under or by reason of this Agreement and according to the prosecution and fulfillment of the service
hereunder, and the character, quality, amount and value thereof, and the Director's decision upon all claims
questions and disputes shall be final , conclusive and binding upon the parties hereto unless such
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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 Director
of the Public Works Department. In the event that the ENGINEER does not concur in the judgment of the
Director of the Public Works Department as to any decisions made by him he shall present his written
objections to the County Administrator; and the Public Works Director and the ENGINEER shall abide by
the decision of the County Administrator of Indian River County, unless the decision is clearly arbitrary or
unreasonable.
SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS
A. Ownership.
All reports, tracings, plans, specifications, field books, survey information, maps, contract
documents, and other data developed by the ENGINEER for the purpose of this
Agreement shall become the property of the COUNTY and shall be made available by the
ENGINEER at any time upon request of the COUNTY. When all work contemplated
under this Agreement is complete, all of the above data shall be delivered to the Director
of the Public Works Department.
B . Reuse of Documents
All documents, including but not limited to drawings and specifications, prepared by the
ENGINEER 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. Any such utilization or
adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon
by the COUNTY and the ENGINEER. The ENGINEER shall not be held liable for any
reuse of the Documents and shall not be held liable for any modifications made to the
documents by others.
SECTION XI - NOTICES
Any notices, reports or other written communications from the ENGINEER to the COUNTY shall
be considered delivered when posted by certified mail or delivered in person to the Director of the Public
Works Department or County Engineer. Any notices, reports or other communications from the COUNTY
to the ENGINEER shall be considered delivered when posted by certified mail to the ENGINEER at the
last address left on file with the COUNTY or delivered in person to said ENGINEER or his authorized
representative . In person deliveries shall be evident by signed receipts.
SECTION XII - TERMINATION
The obligation to provide further services under this Agreement may be terminated by either party
upon seven (7) days written notice in the event of substantial failure by the other party to perform in
accordance with the terms hereof through no fault of the terminating party. The County may, for public
convenience, terminate this contract at any time provided 90 days written notice is given to the
ENGINEER. In the event of any terminations, the ENGINEER will be paid for all services rendered to the
date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses
incurred by the ENGINEER as a result of such termination.
SECTION XIII - AUDIT RIGHTS
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The COUNTY reserves the right to audit the records of the ENGINEER related to this Agreement
at any time during the prosecution of the work included herein and for a period of one year after final
payment is made .
SECTION XIV - SUBLETTING
The ENGINEER shall not sublet, assign, or transfer any work under this Agreement without the
written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the
ENGINEER shall cause the names of the engineering and surveying firms responsible for the major
portions of each separate specialty of the work to be inserted on the reports or other data.
SECTION XV - WARRANTY
The ENGINEER warrants that he has not employed or retained any company or person other than
bona fide employee working solely for the ENGINEER or subconsultant to solicit or secure this contract
and that he has not paid or agreed to pay any company or person other than a bona fide employee working
solely for the ENGINEER any fee, commission, percentage fee, gifts or any other considerations,
contingent upon or resulting from the award or making of this contract. For breach violation of this
warranty, the COUNTY shall have the right to annul this contract without liability.
SECTION XVI - DURATION OF AGREEMENT
This Agreement shall remain in full force and effect for a period of four years after the date of
execution hereof or until completion of all project phases as specified by the Public Works Director,
whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto or pursuant
to Section XII of this AGREEMENT.
SECTION XVII - INSURANCE AND INDEMNIFICATION
During the performance of the work covered by this AGREEMENT, the ENGINEER shall
provide the COUNTY with evidence that the ENGINEER has obtained and maintains the insurance listed
below:
A. ENGINEER 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 ENGINEER, his agents,
representatives, employees, and in accordance with subclause H, subconsultants. The cost
of such insurance shall be included in the ENGINEER'S fee.
B . Minimum Scope of Insurance
1 . Worker's Compensation as required by the State of Florida.
2 , General Liability $ 1 ,000,000 combined single limit per accident for bodily injury
and property damage. COUNTY shall be an additional insured.
3 . Auto Liability $ 1 ,000,000 combined single limit per accident for bodily injury
and property damage for owned and non-owned vehicles.
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4 . Professional Liability Insurance providing coverage for negligent acts, errors, or
omissions committed by ENGINEER with a limit of $500,000 per claim/ annual
aggregate. This insurance shall extend coverage to loss of interest, earning, profit,
use and business interruption, cost of replacement power, and other special,
indirect and consequential damages .
C. ENGINEER'S applicable insurance coverage shall be primary.
D . All above insurance policies shall be placed with insurers with a Best's rating of no less
that A VII. The insurer chosen shall also be licensed to do business in Florida.
E . 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.
F. The insurance companies chosen shall provide certificates of insurance prior to signing of
contracts to the Indian River County Risk Management Department.
G. The insurance companies selected shall send written verification to the Indian River
County Risk Management Department that they will provide 30 days written notice to the
Indian River County Department of Risk Management of its intent to cancel or terminate
said policies of insurance.
H. ENGINEER shall either include each subconsultants as insured under its policies or shall
furnish separate certificates and endorsements for each subconsultant. All coverages for
subconsultants shall be subject to all of the requirements stated herein.
I. Notwithstanding the provisions of s. 725 .06, if a design professional provides professional
services to or for a public agency, the agency may require in a professional services
contract with the design professional that the design professional indemnify and hold
harmless the agency, and its officers and employees, from liabilities, damages, losses, and
costs, including, but not limited to , reasonable attorneys ' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongfull conduct of the design professional and
other persons employed or utilized by the design professional in the performance of the
contract.
SECTION XVIII - 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.
No alteration, change, or modification of the terms of this Agreement shall be valid unless made in
writing and signed by both parties hereto.
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This AGREEMENT, regardless of where executed, shall be governed by and construed according
to the laws of the State of Florida.
IN WITNESS WHEREOF the parties hereto have executed these presents this 22nd day of
June , 2004 .
KIMLEY-HORN AND ASSOCIATES , INC . INDIAN RIVER COUNTY, FLORIDA
60121 ST STREET #400
VERO BEACH, FLORIDA 32960
By: By:
Roscoe L. Biby Caroline D . Ginn, Ch an
Principal/ Senior Vice President Board of County Commissioners
WITNESSED BY: Approved by BCC June 22 , 2004
Attest:
Jeffrey K. $ ftp tlerk. of Circuiourt
• V ' rt
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n
By:
County Attorney
Approved as to Form and Legal Sufficiency
•
seph A Baird,
ounty Administrator
Indian River County ApprQved Date
Administration G 1
Budget
Legal
Risk Management
Public Works
Capital Projects
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