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HomeMy WebLinkAbout2007-037 INDIAN RIVER COUNTY OSLO ROAD (CR 606) PHASE I ROADWAY WIDENING CONSTRUCTION TESTING SERVICES AGREEMENT THIS AGREEMENT , entered into this 6th dayof February 2007 , byand between INDIAN RIVER COUNTY, a political subdivision of the State of Florida , hereinafter referred to as the COUNTY, and ARDAMAN & ASSOCIATES , INC . , PORT ST . LUCIE , FLORIDA 34986 , hereinafter referred to as the CONSULTANT , WITNESSETH 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. The CONSULTANT shall provide construction materials testing and inspection services , professional engineering recommendations , and additional related miscellaneous services for the COUNTY during the construction of Oslo Road Phase I Roadway Widening ; serve as the County' s professional representative as set forth below; and give professional materials testing and engineering advice to the COUNTY during the performance of the services to be rendered hereunder. SECTION I - PROJECT LIMITS The project , as defined under this Agreement , and forwhich the CONSULTANT will provide basic services , shall have limits of work generally defined by the following : Oslo Road between 27th Avenue and approximately 600 feet west of Old Dixie Highway . Basic Services required of the CONSULTANT for the above location is described in other appropriate sections of this Agreement. Page 1 of 6 C:Oocuments and Settings\dan .zrallack\Local Settings\Temporary Internet Fi les\OLK2B\Construction Testing Agreement.doc SECTION II — SCOPE OF WORK The CONSULTANT shall provide experienced , technical and professional field and laboratory personnel to perform the necessary testing services , data analysis and professional recommendations and other miscellaneous services set forth in Appendix B . The schedule of services provided in Appendix B was estimated based on a review of the project plans and specifications . The CONSULTANT will provide periodic performance of Feld and laboratorytests on an as needed basis . A more specific listing of the services anticipated for this project follows : Roadway Construction • Field testing during construction of roadway embankment, subgrade , and base courses , underground utilities , swale construction and other related items . • Laboratory testing — e . g . , proctor test , LBR tests , soil classification tests , and others as required . • Engineering review, analysis , site meetings , consultation and report preparation . SECTION III — TIME OF COMPLETION AND DURATION OF AGREEMENT The Services of this AGREEMENT will begin upon issuance of the Contractor' s Notice-to-Proceed and extend until the date of the Contractor' s Substantial Completion . Construction is expected to be initiated and completed within a twentyone- month period beginning around February 6 , 2007 and ending approximately November 8 , 2008 . SECTION IV — COMPENSATION Compensation to the CONSULTANT for the services herein shall be on a unit price basis for the actual work performed in accordance with the Schedule of Services and Fees set forth in Appendix A and B . The total estimated budget for the work set forth in this AGREEMENT is provided in Appendix B . Compensation for the services related to this AGREEMENT will not exceed $59 , 636 . 00 without written authorization by the COUNTY. SECTION V — PARTIAL PAYMENTS The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work pertaining directly to this project performed during the previous calendar month , less ten percent ( 10% ) of the amount thus determined which shall be withheld by the County as Retainage . Invoices will be submitted by the CONSULTANT to the COUNTY monthly for services performed and expense incurred pursuant to this Page 2 of 6 FAPublic Works%capital ProjectslOslo RoadlOslo Road - Old Dixie to 27th Ave\Construction Testing Agreement.doc Agreement during the prior month . The CONSULTANT shall submit duly certified invoices in duplicate to the Capital Projects Manager. The amount of the invoices submitted shall be the amount due for all work performed to date , less previous payments . SECTION VI - EXTRA WORK In the event extra work is necessary by the CONSULTANT due to a change in scope of the project, the " Not to Exceed " amount shall be adjusted by a supplemental agreement approved by the Board of County Commissioners . All extra work ordered and performed in accordance with the foregoing , will be paid for in accordance with the Standard Fees set forth in Appendix A and B . SECTION VII - 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 or for refusal to allow public to all documents subject to the provisions of F . S . 119 . In the event of any terminations , the CONSULTANT will be paid for all services rendered to the date of termination , all reasonable expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the CONSULTANT as a result of such termination . SECTION VIII - 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 one year after final payment is made . All bills shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Page 3 of 6 C.\Documents and Settings\dan .zrallack\Local Settings\Temporary Internet Files\CLKMB Construction Testing Agreement.doc SECTION IX — NON -COLLUSION The CONSULTANT warrants that he has not employed or retained any company or person other than bona fide employee orjoint venture sub-consultant working solely for the CONSULTANT 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 or joint venture sub-consultant working solely for the CONSULTANT any fee , commission , percentage fee , gifts or any other considerations , contingent upon or resulting form the award or making of this contract . For breach or violation of this warranty, the COUNTY shall have the right to annul this contract without liability. SECTION X — INSURANCE AND INDEMNIFICATION Priorto the performance of the work covered bythis Agreement , the CONSULTANT shall provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the insurance coverage listed in the Agreement. A. 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 fee . B . Minimum Scope of Insurance : 1 . 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 . 2 . 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 . 3 . 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 . Page 4 of 6 C. Documents and Settingsldan .zrallack%Local Settings\Temporary Internet Files1OLK2B1Construction Testing Agreement.doc 4 . 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 business interruption , cost of replacement power, and other special , indirect, and consequential damages . C . CONSULTANT'S 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 shall be occurrence forms , not claims-made policies . F . The insurance companies chosen shall provide certificates of insurance prior to signing of contracts , to the Indian River County Risk Management Department . G . 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. H . The CONSULTANT shall include all sub-contractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein . I . 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 . Page 5 of 6 C:\Documents and Settings\dan .zrallack\Local Settings\Temporary Internet Ffles1OLK2MConstruc[lon Testing Agreement.doc SECTION XI — 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 6th day of February , 2007 . ARDAMAN & ASSOCIATES , INC . , INDIAN RIVER COUNTY, FLORIDA BY: ! // BY: C U�- GaOC. Wheeler, Chairman Board of County; Gomm issioners WITNE :-Z BY .' � > Jo i ph A. aird , County Administrator '9 WITNESS : IL ATTEST : 94&, i ue foie, gill( Es (»RTc; . . . ( Corporate seal is acceptable in QLERK 101nutt, '` - place of witnesses ) Appr v d as to torm n le ufficiency : BCC approved : 02 /06 /07 Indian River County Approved Date Administration dt Budget Jac Legal Risk Management p - fir Public Works J Page 6 of 6 C:1Documents and Setting sldan.zralla cklLoca l SettingslTemporary Internet Filest01-K213\Conslruction Testing Agreement_doc