HomeMy WebLinkAbout2007-155 4-LANE WIDENING OF 43 AVENUE
FROM 25T" STREET S.W. TO OSLO ROAD (9TH STREET S.W.)
WORK ORDER NO. 3 TO THE PROFESSIONAL CIVIL ENGINEERING SERVICES
AGREEMENT BETWEEN ARCADIS U.S. INC. AND INDIAN RIVER COUNTY, FLORIDA.
This AGREEMENT, entered into this 1 5th day of May , 2007, by and between
INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and
ARCADIS U.S., INC., Vero Beach, Florida, hereinafter referred to as the ENGINEER,
" SECTION I - PROJECT LIMITS AND DESCRIPTION"
Consultant services are required for the preparation of field and office surveys in support of the
preparation of road design plans; permit applications and utility relocation plans for the construction
of the widening of 43rd Avenue from 25'h Street S . W. to Oslo Road (9`h Street S .W. ) .
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, preliminary
data or reports available, existing location surveys, topographic surveys, and related documents.
B) Provide the ENGINEER with all available drawings, 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 abstracts of title for each parcel necessary for the construction.
The ENGINEER agrees to perform professional roadway design and related services in connection with the project as
required and set forth in the following:
SECTION III — SCOPE OF SERVICES
A. General
I . 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.
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, including the St. John 's Water Management
District (SJRWMD) and the Indian River Farms Water Control District (IRFWCD),
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.
h . The ENGINEER shall prepare all right-of-way maps, parcel sketches and legal
descriptions. Parcel sketches and legal descriptions will be on a unit price cost per
parcel as ordered by the COUNTY .
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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 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 amendment 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 Amendment 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. Desien Survev
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 within the DESIGN LIMITS.
2. Establishment of a project wide Vertical Control Network 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.
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A field survey will be performed throughout the project limits to establish the existing
conditions in the field. The field survey will include:
a. Establishment of a survey baseline tied to the state plane coordinate system.
b. Set permanent benchmarks tied to the national geodetic vertical control
system.
C. Perform a location survey of 17 " Street SW, 21" Street SW, and 25' Street
SW for a distance of 300 feet east and west of 43rd Avenue.. All visible
physical features such as storm water drainage, driveways, fences, guardrail,
& utility poles.
d. Obtain survey cross sections at 100 foot stations from 25`" Street SW to 13
the Street SW to establish the existing vertical conditions at the project site.
On 43rd Ave., the cross-sections shall extend across the right-of-way a
minimum distance offifty (50 ) feet beyond the right of way lines. Onside
streets, the cross-sections shall extend across the right-of-way a minimum of
fifty (50 )feet outside the existing right-of-way.
e. To establish the existing profile of the43rd Avenue canal and all sub-lateral
canals, obtain survey cross sections at 500 foot stations.
f. Obtain as-built conditions of all drainage structures at the project site.
Indian River County has provided survey information along 43r4 Avenue from 15`" Street SW
to I P Street SW. ARCADIS will utilize this survey information in the design of the project.
4. Improvements within the DESIGN LIMITS will include above ground visible improvements
such as existing buildings, pavement location, curbing, utilities (above ground locations only),
drainage facilities (above and below ground), trees, driveways, sidewalks, fences, walls, signage
and guardrails within the right-of-way and twenty-five (25 ' ) feet outside 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 project location.
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"SECTION IV - TIME FOR COMPLETION" is being modified to incorporate the following:
The time for completion of the field survey for the project shall be one ( 1) month from the date
of execution of this AGREEMENT.
"SECTION V — COMPENSATION" is being modified to incorporate the following:
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
I . The basic compensation mutually agreed upon by the ENGINEER and the COUNTY
follows :
The following is a summary of costs:
Total
Compensation
Field and Office Survey........................................................................................... $239690. 00
TOTAL PROFESSIONAL SERVICES................................................................. $239690. 00
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. 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:
ProjectEngineer Manager................................................................... $140. 00
Project Engineer..................................................................................... $115.00
Senior CADD Operator............................................................................ $75.00
SurveyProject Manager......................................................................... $110.00
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Professional Surveyor............................................................................... $90. 00
Survey CADD Tech .................................................................................. $65.00
3 Man Field Crew.....................................................6..6............6..........6.. $135.00
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 determination is clearly arbitrary or unreasonable.
The Director of the Public Works Department shall review 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. 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. Any
notices, reports or other communications from the COUNTY to the ENGINEER shall be considered delivered when posted
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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
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
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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.
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.
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 than 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 subconsultant 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.
H. 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 wrongful
conduct of the design professional and other persons employed or utilized by the design professional
in the performance of the contract.
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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.
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 15th day of May
, 2007.
ARCADIS U. S., INC, INDIAN RIVER COUNTY, FLORIDA
2081 Vista Parkway
West Palm Beach, Fl. 33411
By: � By : ;c -14,07
Paul H . Stirm Gary C: :V6epler, Qhairtnan
Board Af-Comfy C�dnartlisrsioners
{
WITNESSED BY: Approved by BCC ' MgY 15 , 2007
Attest:
Jeffrey K. Barton, Clerk of Circuit Court
�1.. By .
County Attorney Deputy Clerk
Approved as to Form and Legal Sufficiency
�Q0 ��A d -
oseph . Baird,
County Administrator
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