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HomeMy WebLinkAbout2005-170 INTERSECTION IMPROVEMENTS AT CR-510 AND US HIGHWAY 1 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 McMAHON ASSOCIATES , INC . , Palm Beach Gardens , 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 III - 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 surveys , subsurface geotechnical investigations , roadway design plans , signalization plans, lighting plans and permit applications associated with construction of intersection improvements at SR-5/ US- 1 and CR- 510 (Wabasso Road) in Indian River County, FL . CR-510 will be widened to a four- lane cross section for 1000 feet from the intersection on both the east and west approach and proper transitions outside the 1000 ' . At the intersection all four approaches will be widened to accommodate dual left-turn lanes and exclusive right-turn lanes while maintaining the existing two thru lanes . The limits of said improvements to SR- 5 shall only extend no further than 2000 feet from the intersection on both the north and south approach . The ENGINEER shall provide two receiving lanes on each of the four approaches of the intersection . Curbed outside lanes , roadway lighting, sidewalks , crosswalks , and ADA compliant curb cut ramps shall be provided throughout the project limits . New mast arms will be required to meet the demand generated by the widened cross section . New drainage structures and pipes will also be required. The existing right-of-way is insufficient for the improvements . The COUNTY is responsible for securing all right-of-way takes required to construct the improvements . The COUNTY is also responsible for dedicating the right-of-way required along SR- 5 to the Florida Department of Transportation (FDOT) at no cost to the Department . 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 . The COUNTY shall provide the ENGINEER with copies of all previously conducted studies, geotechnical investigations, traffic counts and projections, signal phasing and timing, queue lengths , preliminary data or reports available, existing location surveys, topographic surveys , and related documents . B . The COUNTY shall 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 be responsible for dedicating all acquired right-of-ways along SR-5 , required for the improvements, to the FDOT at no cost to the Department. E. The COUNTY shall make provisions for the ENGINEER to enter upon public and private property as required for the ENGINEER to perform his services . F . 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. G . The COUNTY shall provide all abstracts of title for each parcel necessary for the construction . H . The COUNTY shall be responsible for preparing the specification package, bid package, advertising the project to bid, scheduling the pre-bid meeting, collecting bids, and awarding the project to the selected contractor . 2 I . The COUNTY shall be responsible for preparing all signal phasing and timings, queue lengths and related analysis for the intersection . 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. 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 from which a permit or other approval is required prior to final approval of the design by the Director of the 3 Public Works Department, and will coordinate the project design with all applicable agencies . f. The ENGINEER shall provide all right-of-way maps , parcel sketches , and legal descriptions for each parcel necessary for the construction, as directed by County . g . 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 . h . 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 . The ENGINEER shall prepare Technical Special Provisions for any items used that are not standard FDOT items and do not conform to FDOT ' s Standard Specifications for Road and Bridge Construction, Dated 2004 . 4 . The ENGINEER shall prepare a Computation Book detailing the location and quantities of all items shown in the roadway plans . This document shall be produced on legal size paper ( 8 ''/z" x 14") and shall only be submitted with 100% plans . 5 . The ENGINEER shall prepare an Engineer ' s Estimate of Probable Cost detailing each pay item required for construction, total quantity, and unit cost for said items . The cost estimate shall also provide a total sum for the entire project . 4 6 . 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 . 7 . 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. 8 . 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 . 9 . 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 . 10 . 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 . 5 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 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 . The DESIGN LIMITS are as follows : a. Lengths of required survey shall be approximately 1000 linear feet along each of the four approaches . b . The design survey shall include all topographic features within the FDOT ' s and the COUNTY ' s rights-of-way . The survey shall also include all topographic features 50 feet outside the right-of-way line . C . The design survey shall include the location of all existing rights-of-way within the project limits . 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 , sidewalks , fences , trees , signage and guardrails within the right-of-way . 5 . Final output will be in the form of a digital AutoCAD, release 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 , 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 . 6 C . Geotechnical Investi ag tion The ENGINEER will provide geotechnical engineering services on this project including a review of existing information, field reconnaissance, roadway coring, Standard Penetration Test (SPT) boring and auger borings . The scope of service described below has been requested by the client. The requested scope of service for the proposed intersection improvement project will include the following : 1 . Perform up to 12 five-foot auger borings within the areas that are proposed to be widened to explore the shallow soil stratigraphy. The borings will be performed using a 3 - inch diameter hand (bucket) auger. 2 . Perform up to six roadway cores . The cores will be conducted using a 4- inch diameter diamond tipped core barrel . The thicknesses of the individual pavement components will be measured and the core holes will be backfilled and patched upon completion . 3 . Perform two SPT borings at the proposed mast arm locations to a depth of approximately 35 feet . The SPT borings will be drilled using a procedure similar to the Standard Penetration Test outlined in ASTM D- 1586 . The borings will be sampled at 18 -inch to 24-inch intervals to 10 feet deep and at 5 -foot intervals below 10 feet. 4 . Obtain soil samples from the auger borings for laboratory testing. This includes routine classification tests including standard sieve analysis , Atterberg Limits , organic contents, etc . 5 . Prepare a report including all data developed during the laboratory and field programs , and our recommendations relative to soil and groundwater parameters to be used in the design . D . Roadway Design Plans Design plans shall be prepared to include : 1 . Key sheet with location map 2 . General Notes 3 . Horizontal and Vertical Control 4 . Typical Sections 5 . Plan and/or Profile sheets 6 . Grading Plans 7 . Summary of Quantities 8 . Summary of Drainage Structures 7 9 . Miscellaneous Details 10 . Cross Sections at 100 foot intervals 11 . Summary of Earthwork 12 . Maintenance of Traffic including Construction Phasing All plans shall be prepared in the English units following a format similar to FDOT standards . The following additional data shall be utilized for development of the plans . 1 . Typical Sections : CR-510 will be designed as a 4-lane undivided section in coordination with FDOT . At the intersection, CR- 510 will receive a dual left-turn lane and an exclusive right-turn lane on each approach creating a 7-lane section . SR-5 will only be widened at the intersection to facilitate the addition of dual left-turn lanes and exclusive right turn lanes to each approach creating a 7 -lane section . Preliminary Typicals will be submitted with estimated right-of-way takes prior to roadway plan preparation . 2 . Scale : The plan and profile sheets will be drawn at a horizontal scale of 1 " = 40 ' and a vertical scale of 1 " = 10 ' . Cross Section sheets shall be drawn at a horizontal scale of 1 " = 20 ' and a vertical scale of 1 " = 5 ' . 3 . Pavement Design : The ENGINEER shall provide the proposed pavement design for SR- 5 to FDOT for approval . The ENGINEER shall provide the proposed pavement design for CR-510 to the COUNTY for approval . Relevant traffic count data shall be provided by the COUNTY to the ENGINEER. 4 . Type F curb and gutter shall be used along the entire length of the improvements . 5 . Type IV concrete separator shall be used to separate the northbound and southbound traffic on SR-5 where left-turn lanes are present . 6 . Bike lanes will be provided within the project limits . 8 7 . The roadway design 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 . 8 . A 45 mph design speed shall be used on US Highway 1 and a 40 mph design speed shall be used on CR-510 . 9 . Maintenance of Traffic Plans will consist of general notes and plan sheets . Plan sheets shall show a depiction of traffic patterns to be used during each phase of construction . Construction Phasing will also be included with tasks outlined for each Phase . E . Drainage Plans Although no major impacts to any drainage swales or ditches are anticipated for this project, a number of structures will be relocated as well as added. The increase in impervious area will require a drainage analysis to be performed and permitting will be required by several public entities . The following will be required to prepare the 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 , FDOT, and SJRWMD design criteria . 2 . Drainage Improvements : Existing swales and ditches will be impacted on this project. Regrading and/or filling existing swales with culverts and earth will be necessary to achieve the desired improvements to these intersections . All proposed drainage improvements/ modifications shall be shown on the drainage plans . 3 . Environmental Permits : The ENGINEER shall prepare stormwater permit applications and a Stormwater Pollution Prevention Plan, if necessary, for the Florida Department of Transportation, 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 . 9 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 . 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 Markin Pg lans Signing and Pavement Marking Plans shall be consistent throughout the project limits . All signs and markings will be produced using FDOT standards . The following additional data shall be utilized for the development of the plans : 1 . FDOT standards and specifications dated 2004 shall be used in conjunction with the Manual of Uniform Traffic Control Devices 2003 Edition for the development of the Signing and Pavement Marking plans . 2 . Plans shall be prepared at a scale of 1 " = 40 ' with labeling similar to FDOT plans . 3 . A Key sheet, Tabulation of Quantities , General Notes, Plan sheets, Details, and Guide sign sheets shall be incorporated into the signing and pavement marking plans . 4 . Designated bike lanes with appropriate signing shall also be shown on the signing and pavement marking plans . G . Signalization Plans The Signalization Plans shall be prepared to meet FDOT and COUNTY standards . New signal equipment will be required due to the added lane widths on each approach . The following additional data shall be utilized for the development of the plans : 1 . The ENGINEER shall prepare traffic signal plans showing, in detail, the locations and pay items of all new traffic signal equipment including mast arms , signal heads, pull 10 boxes , conduit, interconnect, etc . associated with the improvements at the intersection of CR-510 and SR- 5 . 2 . The traffic signal plans shall show all existing equipment to stay and to be removed . Existing equipment shown on the plans shall be labeled as "to be removed" or "to remain ." 3 . Traffic signal plans shall be prepared at a scale of 1 " = 40 ' . 4 . Video Detection on each end approach, one traffic surveillance camera, and one street light above each mast arm shall be used on all approaches . 5 . All mast arm structural calculations for standard MOT mast arms shall be performed and all (not defined by MOT Standards) resulting data shall be shown on the plans . If special mast arms design is required it is beyond the scope of this project. In the event a special mast arm design is required, the ENGINEER shall be compensated for such additional services in accordance with Section VI of this Agreement . 6 . A Key sheet and Tabulation of Quantities shall be included exclusively for the signalization plans . H . Lighting Plans Lighting CR-510 is not included in this contract. A lighting analysis will be completed along US - 1 where roadway widening is proposed. A new lighting design will be prepared to ensure that the lighting along US- I meets current MOT criteria. It is assumed that at a minimum, existing light pole relocations will be required . I . 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 ENGINEER 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 . 11 • The ENGINEER will attend biweekly progress meetings, unless the progress meeting can effectively be attended by conference call . • The ENGINEER will respond to COUNTY and contractor Request for Information (RFI) to provide interpretation or clarification of proposed improvements . Repetitive RFI ' s will be undertaken as an additional service and the fee will be calculated at an hourly rate along with expenses , unless the RFI was not previously answered clearly . • The ENGINEER will review and approve contractor submitted shop drawings and material specification sheets . The shop drawing review allows for two submittals of each shop drawing . Review of submittals will be undertaken as an additional service and the fee will be calculated at an hourly rate along with expenses . • The ENGINEER will review as-built drawings provided by the Contractor ' s licensed surveyor. • The ENGINEER will provide the contractor a list of identified deficiencies 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 expenses . J . Certification The ENGINEER will provide certification to St. Johns River Water Management District and all other required Federal , 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 90% design drawings, permit applications, and Engineer' s Opinion of Probable Construction Cost for the four intersections shall be eight ( 8 ) months . Once permits are received, 100% design drawings shall be completed 90 days thereafter . 12 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 : Task Fee Lump Sum Components Design Survey $295244 Roadway Design $755642 Signing and Pavement Marking Design $211318 Traffic Signal Design $ 195075 Permitting $ 18 , 326 Lighting Design $ 125000 Utility Coordination $75575 Geotechnical $ 13 ,440 Hourly Rate Components Fee ' Utility Location Survey $ 125000 Special Signal Pole Design $ 16 , 000 Construction Phase Assistance $207000 Right of Way Maps, Parcel Sketches , and Legal Descriptions $ 30 , 000 ' All Fees provided for Hourly Rate Components may need to be supplemented for additional compensation based upon project specific needs . 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 exceed 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 Price Index . 13 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 : Project Manager $ 160 . 00 Senior Engineer $ 120 . 00 Engineer $ 80 . 00 CARD Designer $ 75 . 00 Chief of Surveys $ 95 . 00 Party Chief $ 80 . 00 Survey Technician $ 40 . 00 Traffic Control/Construction Specialist $ 95 . 00 Field Traffic Count Personnel $ 25 . 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 . 14 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. 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 . 15 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 - 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 XV - 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 XVI - 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 : 16 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 . 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 . 17 r 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 . 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. 18 SECTION XVII - 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 1 7th day of May , 2005 . McMAHON ASSOCIATES , INC . INDIAN RIVER COUNTY , FLORIDA 7741 N . Military Trail Suite 5 PALM BEACH GARD RIDA 33410 By : 7 l C Thomas S . Lowther, Chairman Board of County Commissioners WITNESSED BY : Approved by BCC NY 171 2005 a � Ye , Attest : a •• . '� Jeffrey K . Bartarq, Clerk of Circuit Co rt / B County Atto ey Deputy Clerk Approved as to Form and Legal Sufficiency Indian River County Apkuaed Date giA 5z Administration " o eph A . B ' rd, Budget unty Administrator Co . Attorney = S F :\FL\04206n\04206N_Op\CR-510atUS1 \Final McMahonCR510andUS1 _050305 . doc [Division lsk Management epartment S w o