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HomeMy WebLinkAbout2007-349A 4 s. r� '1 ,,, ,, }r 1 ` 47 = 3 ` t9A AGREEMENT BETWEEN INDIAN RIVER COUNTY AND HDR ENGINEERING, INC. FOR PROFESSIONAL CIVIL ENGINEERING SERVICES FOR OSLO ROAD AT 27TH AVENUE This AGREEMENT, entered into this I q 44' day of 2007, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and HDR ENGINEERING, INC., 2202 N. West Shore Boulevard, Suite 250, Tampa, FL 33507-5755, 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, right-of-way cost estimates for roadway alternatives and related services by or through the ENGINEER and the payment for those services by the COUNTY as set forth below. The ENGINEER shall provide professional engineering, right-of-way cost estimates for roadway alternatives and related services for the COUNTY for the project described in Section III - Scope of Services; and shall give professional engineering advice and opinions to the COUNTY during the performance of the services to be rendered. SECTION I - PROJECT LIMITS AND DESCRIPTION Consultant services are required for right-of-way cost estimates for roadway alternatives for Oslo Road at 27th Avenue in unincorporated Indian River County, Florida. The roadway improvements identified by the COUNTY consist of the following: The COUNTY desires to improve the Oslo Road 27th Avenue intersection. The improvements will consist of widening Oslo Road to 4 lanes and adding left and right turn lanes at the 27th Avenue intersection and improving drainage. 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 all available drawings, right-of-way maps, and other documents in the possession of the COUNTY pertinent to the project. B . The COUNTY shall be responsible for acquiring all abstracts of title for each parcel necessary for construction. C. The COUNTY shall make provisions for the ENGINEER to enter upon public and private property as required for the ENGINEER to perform his services. SECTION III - SCOPE OF SERVICES The ENGINEER agrees to perform professional right-of-way cost estimates for roadway alternative 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 available data. 2 . 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. b. The ENGINEER will base all right-of-way cost estimates for roadway alternatives so as to be in reasonable conformance with 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 cooperate with the COUNTY in order that all work may be properly scheduled and coordinated. d. 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. 3 . 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. SECTION IV - TIME FOR COMPLETION The time for completion of the right-of-way cost estimates for roadway alternatives shall be five (5) days from notice to proceed. SECTION V - COMPENSATION The COUNTY agrees to pay and the ENGINEER agrees to accept for services rendered pursuant to this Agreement fees Lump Sum fee of $4,500.00 SECTION VI - ADDITIONAL WORK In the event changes or modifications such as additions or deletions become desired by the COUNTY, those changes shall be the subject of a separate fee schedule included a the work order. SECTION VII - PARTIAL PAYMENTS The COUNTY shall make a lump sum payment to the ENGINEER as identified in this Agreement. Payment shall be made pursuant to the Local Government Prompt Payment Act, Florida 2 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. 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. 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 3 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, 4 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. 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, eaming, 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 wrongful 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, 5 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 W TNESS WHEREOF the parties hereto have executed these presents this 2-4% day of fa , 2007 . HDR ENGINEERING, INC. INDIAN RIVER COUNTY, FLORIDA 2202 N. West Shore Boulevard, Suite 250 Tampa, FL 33507-5755 By: o By : '15arry Low Senior Vice President By : . 1 Joseph A . B r , Co . Administrator * WITNESSED BY: Ap roved by BCC n�ZA * under the authority of _ Ordinance No . 2005 - 025 A�testt Approved to Fo anaLl fi ' cy By: William K. DeBraal aepubtEltrk Deputy County Attorney Approved eph A. Baird, County Administrator 6 DATE (MM/DD/YY) ACORD,., CERTIFICATE OF LIABILITY INSURANCE 06/01 /2008 10/ 12/2007 PRODUCER LOCKTON COMPANIES, LLC-1 KANSAS CITY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 444 W. 47th Street, Suite 900 HOLDER. THIS CERTIFICAFTE DOES NOT AMENDr EXTEND OR Kansas City Mo 64112-1906 ALIER THE COVERAGE IES BELOW. (816) 960-9000 INSURERS AFFORDING COVERAGE INSURED HDR ENGINEERING, INC. INSURER A : ZURICH AMERICAN IN CO - O.P. KS 1013472 8404 INDIAN HILLS DRIVE INSURER B : AMERICAN GUARANTEE & LIAB Z CH OMAHA NE 681144049 INSURERC : SENTRY INSURANCE A MUTUAL COMPANY IwqI THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING COVERAGES HDRIN01 SA INSURER(S), AUTHORIZED REPRESENTATIVER PRODUCER AND THECERTIFICATE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICYNUMBER DATEIMMIT)DAM DATE I III LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1 .000,000 A X COMMERCIAL GENERAL LIABILITY GL03504583 06/01 /2007 06/01/2008 FIRE DAMAGE Any one fire $ 1 ,000,000 OL IMS MADE X� OCCUR MED EXP (Any one arson $ 10 000 X Contractual Llab. - PERSONAL S ADV INJURY $ 1 000'000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY FX7 /ECT X LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B X ANY AUTO BAP3504584 06/01 /2007 06/01/2008 (Ea accident) $ 2,000,000 ALL OWNED AUTOS BODILY INJURY $ XXXXXXX SCHEDULED AUTOS (Per Person) X HIREDAUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ XXXXXXX PROPERTY DAMAGE $ XXYXXXX (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 1 $ XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC XXXXXXX AUTO ONLY: AGG $ XXXXXXX EXCESS LIABILITY EACH OCCURRENCE $ 1 ,000,000 B X OCCUR CLAIMS MADE AUC3808400 06/01/2007 06/01 /2008 AGGREGATE $ 1 000000 (EXCLUDES PROF. LIAB) XXXXXXX X. UMBRELLA DEDUCTIBLE FORM XXXXXXX RETENTION $ $ XXXXXXX C WORKERS COMPENSATION AND 90- 14910-01 06/01/2007 06/01/2008 X WC STATU- OTH- EMPLOYERS' LIABILITY C 90-14910-02 06/01 /2007 06/01/2008 E.L. EACH ACCIDENT __ _S _ 1 ,00.000 E.L. DISEASE - EARVLOVEE $ 1 ,000,000 E.L. DISEASE . POLICY UMR $ 1 ,000,000 A GTHER EOC9260026-00 06/01/2007 06/01/2008 PER CLAIM: $1 ,000,000. AGG: S 1,000,000. ARCHS ffi ENCS PROFESSIONAL LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECRL PROVISIONS RE: OSLO ROAD AT 27TH AVENUE. INDIAN RIVER COUNTY IS NAMED AS ADDITIONAL INSUREDON GENERAL LIAB ITY AS PER WRITTEN CONTRACT ON A PRIMARY, NON-CONTRIBUTORY BASIS. WAIVER OF SUBROGATION APPLIES. OCT 2 2 20071 CERTIFICATE H LDERADDITIONAL INSURED' INSURER LETTER: NCELLATI N ` YA f�T-Jr 11gyf jq 2974179 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANC LED 9E THE EXPIRATION INDIAN RIVER COUNTY DATE THEREOF, THE ISSUING INSURER WILLENGEAVOR TO MAIL 30 DAYS WRITTEN ATTN: BILL DeBRAAL 180127TH STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, VERO BEACH FL 32960-3388 IMPOSE NO ORLIGAPON OR LIABILITY OF ANY KIND UPON THE INSURER, i rs AGMTS GR AUTHORIZED REPRESENTATIVE ACORD 25S (7/97) For questions regarding this cemNcete, contactthe eemeeru.ad mm. vrodyceesection above and sp«Iry the mem sox woRiNDI'. CAMOM CORPORATION 1988