HomeMy WebLinkAbout2005-172 INTERSECTION IMPROVEMENTS AT SR 60 AND 43 " AVENUE
PROFESSIONAL CIVIL ENGINEERING, GEOTECHNICAL ENGINEERING
AND LAND SURVEYING SERVICES
This AGREEMENT, entered into this 17th day of May
2005 , by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as the COUNTY, and ARCADIS G&M, 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, permitting and related services by the ENGINEER and the payment forthose 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 III - Scope of Services ; serve as the
COUNTY' S professional representative for the project ; and shall give professional ngmeermg and
land surveying advice to the COUNTY during the performance of the services to be endered .
SECTION I - PROJECT LIMITS AND DESCRIPTION
Consultant services are required for the preparation of surveys, subsurface geotechnical
investigations and a master plan for intersection improvements at 43 ' Avenue and SR 60, along
with structural recommendations for the existing bridges located in Indian River County, FL . The
COUNTY desires to develop the planned improvements only to a 30 % plan level to evaluate
horizontal geometric alternatives as it relates to right-of-way impacts and acquisition . The
remainder of the contract will be negotiated after the Master Plan is approved . The improvements
consist of the following :
Expansion of the intersection to ultimately include:
• North approach (43sd Avenue) — A double left turn lane, 2 through lanes north and
southbound, a right turn lane and 4 '/5 ' bike lane along with associated m rge/transition
to match existing roadway along with curb & gutter and sidewalk
• South approach (43rd Avenue) — A double left turn lane, 2 through lanes north and
southbound, a right turn lane and 4 '/5 ' bike lane along with associated merge/transition
to match existing roadway along with curb & gutter and sidewalk
• East approach (SR 60) — dual left turn lanes, 3 through lanes east and westbound,
a right turn lane and 4 '/5 ' bike lane along with associated merge/transition to match
existing roadway along with curb & gutter and sidewalk
• West approach (SR 60) — dual left turn lanes, 3 through lanes east and westbound,
a right turn lane and 4 '/5 ' bike lane along with associated merge/transition to match
existing roadway along with curb & gutter and sidewalk.
Widening of 43rd Avenue to include: widening of 43rd Avenue from SR 60 to 26h Avenue
to a 5 lane section.
Based on the above items of work, the project limits will be approximate 1, 700 if north
and 1, 700 If south of SR 60 for a distance of approximately 3, 400 or 0. 82 miles and
approximately 2, 300 if east and 2, 100 if west of 43'd Avenue for a distance of
approximately 4, 400 If or 0. 83 miles total project length is 1. 65 miles.
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, L�upographic su veys, and related docuincnts .
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 title searches for each parcel necessary for 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 avail4able data. The
COUNTY has prepared a conceptual design superimposed on a i aerial photo .
The ENGINEER/CONSULTANT shall review the design arid analyze its
adequacy.
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2 . The ENGINEER will attend conferences with the CC UNTY 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 pr ject within the
time allowed by maintaining an adequate staff of regi tered 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 . The SR
60 corridor is a state/Federal Highway and design mast meet FDOT
criteria. 43 `d Avenue is a County agCiial ioadway aiid dcsign shall
meet FDOT Greenbook Standards . All canals are IRFWCD
jurisdiction and must meet IRFWCD criteria.
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 regulatori agency from
which a permit or other approval is required prior to final approval of
the design by the Director of the Public Works Depariment, and will
coordinate the project design with all applicable agencies ,
£ The ENGINEER will contact all known utility companies having
installations in the immediate vicinity of the propo ed work and
consider relocation of utilities, if necessary. The E GINEER 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 oft e Director or
his authorized agent at any time, upon reasonable reques .
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h. The ENGINEER shall prepare all right-of-way maps Parcel sketches
and legal descriptions . are an optional service as requested by the
COUNTY under a unit price allowance.
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 End copies of the
specifications for the COUNTY to copy for prospective bidc ers . Additional
copies beyond those identified will be provided at cost All original
documents, survey notes, field books, tracings, and the lie including all
items furnished to the ENGINEER by the COUNTY pursuant to this
Agreement, are and shall remain the property of the COUNT
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 agen ies 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 SH.CTION 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 accorddemce with the
approved fee schedule in a subsequent Amendment to this A eement. 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 n accordance
with Section V — Compensation, of this Agreement, as mutually agreed upon
by the ENGINEER and COUNTY.
B . Design Surva
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The ENGINEER shall provide design survey services necessary to support and
facilitate contemplated design and permitting activities associated wi h 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 and references
outside limits of construction to control future construction.
A field survey will be performed throughout the project li its to establish
the existing conditions in the field The field survey will inc de:
A. Establishment of a survey bascl;ric ded to the state p 'ne cryo, dinatr
system.
Be Set permanent benchmarks outside proposed limits of construction
tied to the national geodetic vertical control system.
C. Obtain survey cross sections at minimum 100 foot tations and/or
existing elevation changes to establish the ex sting vertical
conditions at the project site. The cross-sections shat extend across
the right-of-way at a minimum of fifty (509 feet to al outside the
right-of-way.
D. Obtain as-built conditions of all drainage structures at the project
site
E. Determine existing right of way lines.
F. Locate by data collection method, above ground improvements per
checklist provide by ARCADIS, including location and description
of existing striping.
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, trees , sidewalks, fences,
signage and guardrails within the right-of-way and twenty-live (25 ' ) feet
outside the right-of-way.
5 . Final output will be in the form of a digital AutoCAD , releaw 20001 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, Flo da Statutes .
6 . Research and analysis of existing right-of-way information, 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.
7 . In addition to the topographic design survey, a Right-of-Way survey will be
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conducted on 43rd Avenue between SR60 and 26`h Street. The Right-of-Way Map
shall specifically include the following sheets :
Cover Sheet : Includes Indian River County project number, -vicinity map, key
map .
Survey Control Sheet : Identifies baseline, baseline control monuments ,
references and benchmark elevations .
Right of Way Map : Delineates section and % section lines, monumentation,
baseline, existing right of way lines , identification of property ownership
lines .
C . Geotechnical Investigation
A. SR 60 and 43"d Avenue — Widening of two bridges anc4 8, 000 feet of
roadway. The proposed widening will extend 2, 000 feet st uth, east, west
and %- .idle north. 80 auger hirings to a depth of 6 feet fir the , roadway
widening and 4 SPT borings to a depth of 75 feet for the bridge widening
will be performed
Be Additionally, 2 Double Ring Infiltration tests will be performed
D . 30% Design Plans
Design plans shall be prepared to include :
• Master plan and typical sections along with a structural recommetidation for the
bridges on SR 60 and 43rd Avenue will be prepared The preparation of
construction plans for the project is not included in this agreement but will be
performed by ARCADIS under a separate agreement with the County.
All plans shall be prepared in the English units .
The following additional data shall be utilized for development of the r lans .
1 . Scale :
The design plans sheets will be drawn at a scale of 1 " = 40' .
2 . The design plans will be submitted to the COUNTY for review at the Master
Plan stage of design. Permit application submittals are not included in this
agreement but will be prepared by ARCADIS under a separate agreement
with the County. 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 Master
Plan design which will drain the project in accordance with the COUNTY,
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FDOT and SJRWMD design criteria.
2 . Environmental Permits :
The preparation of permit application packages is not included in this
agreement. The ENGINEER shall prepare stormwater pe it applications,
under a separate agreement with the County, 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, IRFWCD , and St. Johns River Water Management
District for- Dredge - and Fill activities, if necEss 1� E�
ary. , ITGINEER sh«ll
submit all permit sketches on 8 " x 11 " sheets . Sketches shall be neatly
scaled, signed and sealed, and reproducible.
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 proje t site to locate
and determine depth of underground utilities, in coordination with the Utility
Companies .
F . Pavement Marking Plans
The ENGINEER shall prepare the preliminary pavement marking plan layout All plans are
to be prepared in accordance with the latest design standards and practices ( TCD), 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 fo
G . Landscaping
Landscaping improvements shall be submitted to the COUNTY under a supplemental
Work Order, if so requested, after completion of 30% design plans .
H . Construction Phase Assistance
The ENGINEER will provide construction phase assistance for the project. The
ENGINEER will act as the COUNTY ' S authorized agent in cooperation with the
contractor to achieve the desired improvements . The ENGIN ER will be
responsible for periodic construction observation, which includes but is not limited to
the following :
• The ENGINEER will attend a Pre-Bid meeting and respond to contractor
questions associated with the project.
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• The ENGINEER will attend biweekly progress meetings .
• The ENGINEER will respond to COUNTY and contractor Request for
Information (RFI) to provide interpretation or clarification of proposed
improvements .
• The ENGINEER will review and approve contractor submitte shop drawings
and material specification sheets . The shop drawing review allows for two
submittals of each shop drawing. Review of submittals, beyorid two, will be
undertaken as an additional service and the fee will be calculated it an hourly rate
along with expenses .
• The ENGINEER will review as-built drawings provided byte Contractor ' s
licensed surveyor.
The, El' CI`NEER will provide the Contractor a list of identified delficleacies based
upon a final field review and as-built drawing evaluation. The ENGINEER will
perform a final walk through to verify that identified deficiencies have been
rectified.
• At the request of the COUNTY, the ENGINEER will review Contractor
proposed plan alternatives . This work will be undertaken as an additional service
and the fee will be calculated at an hourly rate along with expense .
G. Certification
1 . The ENGINEER will provide certification to IRFWCD, S . Johns River
Water Management District, FDOT and all other required Fed ral, State, and
local permitting agencies based on As-Built drawings provided by the
Contractor ' s licensed surveyor and information provided by the COUNTY.
SECTION IV - TIME FOR COMPLETION
The time for completion of the 30% design drawings projects shall be for (4) months .
Once the master plan has been approved, the remainder of the contract will be negotiated,
SECTION V - COMPENSATION
The COUNTY agrees to pay and the ENGINEER agrees to accept for se ices 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 :
The following is a summary of costs:
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GeotechnicalServices (Tierra) ............. . ............ . .. ....... ............ ..... 219785. 00
30 % Engineering (ARCADIS.) ......... ........ .... . .. . ......... ........... . ...... . $ 19, 000000
DesignSurvey (ARCADIS) .. . .. ................ . ............... . ........... ....... ... 7, 446. 00
Right of Way Survey and Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6, 980. 00
SR 60 Bridge Recommendations ... .. . . ....... . . .. . ... ......... . .. ........... ..... $- 10.9000000
(Bridge Design Associates, Ina)
43'd Avenue Bridge Recommendation ...... . . . .... . .......... . .......... . . ..... $ 000. 00
(Bridge Design Associates Ina) ,
TOTAL PROFESSIONAL SERVICES... . .. .. . . . ... ....:. .: .. ..:::..::. ::.:
. $ 22,211. 00
UNIT PRICE ALLOWANCES
ALLOWANCE FOR SKETCHES AND LEGAL
DESCRIPTIONS ($375. 00 each) . .. . . . . . . . . .. .. .... . .. . . . . . .. .. ... .. . . NTE $150t 0000 00
ALLOWANCE FOR SURVEY CREW AND SOFT DIG MACHINE FOR
HORIZONTAL AND VERTICALUTILITY LOCATIONS AT POTENTIAL
CONFLICTS
SURVEY ($112/HR) . . . . . . . . . .. .. .. .. ... . . . . . . . . .. . .. . . .. . . . . . . . .. . .. .. .. ... .. . NTE $ 0, 000. 00
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 or exceeds the hourly allowance 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 Pri e 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
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this Agreement. Payment shall be made pursuant to the Florida Prompt Payrr ent Act, Florida
Statute 218 . 70 et seq.
SECTION VIII - EXTRA WORK
In the event extra work is necessary by the ENGINEER due to a changc 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 ..... . . . .... .. .. . ..... ........ . . ............. . ............. $ 1 S. 00
ProjectEngineer....................... ........ ......... ..................... . . ....... . ..... . $ 5. 00
SeniorCADD Operator ........ . ......................... . ........ . .... . .. ..... ....... .. $ 0. 00
Surveyroje htareager ..... .: ....:.:............ ...... . . . .... .... . . . . .: .. .:: :.:...: . $ 36. 40
Professional Surveyor......... $ 5. 60
SurveyCADD Tech ...... .. . .. .. ................... . ...... .. ............ .... ....... ........ $ 8. 80
3 Man Field Crew ....... .. ........................ ................. . .. . ................. ... $1 2. 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 disput as of whatever
nature which may arise under or by reason of this Agreement and according to the I irosecution and
fulfillment of the service hereunder, and the character, quality, amount and value tereofand 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 .
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 fort e purpose of
this Agreement shall become the property of the COUNTY ands all be made
available by the ENGINEER at any time upon request of the COUN Y. When all
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work contemplated under this Agreement is complete, all of the above data shall be
delivered to the Director of the Public Works Department.
Be 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 suitabhuh 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 comf ensation 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 he d liable for any
modifications made to the documents by others .
SECTION XI - NOTICES
Any notices, reports or other written communications from the ENGINEER t 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 tie 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 EN INEER 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 term nated 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 elated 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
mayor portions of each separate specialty of the work to be inserted on the reports or other data.
SECTION XV - WARRANTY
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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 oft is 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 ye rs after the date
of execution hereof or until completion of all project phases as specified by thPublic Works
Director, whichever occurs first, or unless otherwise terminated by mutual conseilwt of the parties
Hereto or pursuant to Sedtioii XII of this AGREEMENT.
SECTION XVII - INSURANCE AND INDEMNIFICATION
During the performance of the work covered by this AGREEMENT, the E14GINEER 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 ncluded in the
ENGINEER' S fee.
B . Minimum Scope of Insurance
I . 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 , 0005000 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. 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' 3 rating of no
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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, shcall 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 sepaiate certificates and endorsei7ric��ts fcr- each subc resultant. 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
wrongful conduct of the design professional and other persons employed or utilized by the design
professional in the performance of the contract . SECTION XVIII - EN IRETY
AGREEMENT OF
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 17th
day of May
2005 ,
ARCADIS G&M, INC. INDIAN RIVER COU TY,
FLORIDA
420 Columbia Drive
Suite 110
West Palm Beach, Fl . 33409
By :
By .
C-/ dL-� Lo�� Thomas S . Lowther, Chairman
1l/C�o t Board of County Commissioner
�<D' /)
WITNESSED BY: Approved by BCC May 17 005
c, 1r
Attest :
Jeffre K. Ba
1 Y fin, C�c�k of Circa - Court
1 f n
ounty Attorney By: Q
t� ✓ 4
Approved as to Form and Legal Sufficiency De lexl 1
c Administration
A Ved Date
Bud et
seph A. Baird, Le al
Risk Mana ement
County Administrator Public works
capital Projects O
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