HomeMy WebLinkAbout2005-171 Z
INTERSECTION IMPROVEMENTS AT
1 " St SW and 27th Ave, 5th St SW and 27th Ave, 1St St SW and 43rd Ave,
and 12th St and 27th Ave
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, and permit applications associated with construction of intersection
improvements at I " Street SW / 27d' Avenue, 50' Street SW / 27'l' Avenue, I " Street SW / 43 `d Avenue, and 12d`
Street/27d' Avenue located in Indian River County, FL . The improvements consist of the following :
1 . 1 " Street SW and 27`h Avenue — Currently this intersection is a 2 -way (east/west) stop controlled
intersection with curbed returns and flashers mounted on span wires . The east and west approaches are 2
lane rural sections with posted speeds of 45 mph and 35 mph, respectively. The north and south approaches
are 3 lane rural sections with 4 ' paved shoulders, left turn lanes and a posted speed of 45 mph . Left turn
lanes will be added to the east and west approaches requiring approximately 500 feet of widening plus
required transitions to the south side of said approaches . A large drainage ditch is located on the south side
of 1St Street SW . The Indian River Farms Water Control District (IRFWCD) sublateral canal will be filled
with a large culvert and earth or regraded to facilitate the widening . Curb and Gutter will be installed along
all approaches within the project limits (500 feet each approach plus required transitions) . Guardrail will
also be installed as approved by IRFWCD in any areas with drop-off hazards . Paved shoulders shall remain
or be provided if feasible . Sidewalks shall be added to the north side of 0 Street SW to tie into the existing
sidewalk on the west side of 27`h Avenue . A convertible flasher/traffic signal with mast arms and
horizontally mounted signal heads will be installed with internally illuminated signs . Additionally, video
detection on each approach and one surveillance camera will be installed. Signal interconnect conduit is to
be provided for the entire length of the project.
2 . 5 `}' Street SW and 27d' Avenue — Currently this intersection is a 4-way signalized intersection with signals
mounted on span wires . The east and west approaches are curbed, 3 lane, urban sections with left-turn lanes
and posted speeds of 40 mph and 35 mph respectively. The north and south approaches are 3 (narrow) lane
rural sections with 4 ' paved shoulders and a posted speed of 40 mph . Type F curb and gutter will be
extended for 500 feet from the intersection on the north and south approaches . Twelve foot ( 12 ' ) left turn
lanes and widened through lanes will be added to the north and south approaches requiring approximately
500 feet of widening plus required transitions to the west side of said approaches . An Indian River Farms
Water Control District (IRFWCD) sublateral canal runs along the south side of 5t' Street SW, which will
require some regrading due to the new curb and gutter. Guardrail will also be installed in any areas with
drop-off hazards within the project limits (500 feet each approach plus required transitions) as approved by
IRFWCD . Paved shoulders shall remain or be provided if feasible . Sidewalks shall be added to the west
side of 27th Avenue and high emphasis crosswalks shall be used due to the nearby school . A convertible
flasher/traffic signal with mast arms and horizontally mounted signal heads will be installed with internally
illuminated signs . Additionally, video detection on each approach, and one surveillance camera will be
installed . Signal interconnect conduit is to be provided for the entire length of the project.
3 . 1 " Street SW and 43 `d Avenue — Currently this intersection is a 2-way (east/west) stop controlled
intersection . The east approach is a 2 lane rural section with a posted speed of 35 mph while the west
approach is a curbed, 2 lane, urban section with a posted speed of 35 mph . The north and south approaches
are 3 lane rural sections with 4 ' paved shoulders, left turn lanes and a posted speed of 35 mph. Left turn
lanes will be added to the east and west approaches requiring approximately 500 feet of widening plus
required transitions to the north side of said approaches. A large Indian River Farms Water Control District
(IRFWCD) sublateral canal is located on the south side of I " Street SW . The ditch will be filled with a
large culvert and earth or regraded to facilitate the widening. Curb and Gutter will be installed along all
approaches within the project limits ( 500 feet each approach plus required transitions) . Guardrail will also
be installed in any areas with drop-off hazards as approved by IRFWCD . Paved shoulders shall remain or
be provided if feasible. Sidewalks shall be added to the north side of I " Street SW to tie into the existing
sidewalk on the east side of 43 `d Avenue . A traffic signal with mast arms and horizontally mounted signal
heads will be installed with internally illuminated signs . Additionally, video detection on each approach
and one surveillance camera will be installed . Signal interconnect conduit is to be provided for the entire
length of the project.
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4 . 12'' Street and 27`x' Avenue — Currently this intersection is a signal controlled intersection with existing mast
arm traffic signals . The east and west approaches are 2 lane rural sections with a posted speed of 35 mph.
The north and south approaches are 3 lane rural sections with left tum lanes and a posted speed of 40 mph.
Left turn lanes will be added to the east and west approaches requiring approximately 500 feet of widening
plus required transitions to the south side of said approaches . A large drainage ditch is located on the south
side of 12th Street. The ditch will be filled with a large culvert and earth or regraded to facilitate the
widening if required . FPL transmission lines on the north side of 12th Street prevent any widening from
occurring on that side . Curb and Gutter will be installed along all approaches within the project limits .
Guardrail will also be installed in any areas with drop-off hazards as approved by IRFWCD. Paved
shoulders shall remain or be provided if feasible . Sidewalks shall be added to the north side of 12th Street
to tie into the existing sidewalk on the west side of 27"' Avenue . A traffic signal with new mast arms and
horizontally mounted signal heads will be installed with internally illuminated signs on new signal poles .
Additionally, video detection on each approach and one surveillance camera will be installed. Signal
interconnect conduit is to be provided for the entire length of the project.
SECTION 11 - 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 a copy of all previously conducted studies ,
geotechnical investigations , traffic counts, 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 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.
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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.
I. The COUNTY shall be responsible for preparing all signal timings, phase, 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 .
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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
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.
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 one ( 1 ), 11 " x 17 "
original of the drawings and one ( 1 ) copy of the technical 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 .
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7 . The ENGINEER shall prepare Technical Special Provisions for any items used that are
not standard COUNTY items and do not conform to the COUNTY ' s Standard
Specifications .
8 . 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 .
9 . 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 each intersection and a total sum for the entire
project.
10 . 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.
11 . 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 .
12 . 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 .
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13 . Compensation to the ENGINEER for basic services shall be in accordance with Section V
— Compensation, of this Agreement, as mutually agreed upon by the ENGINEER and
COUNTY .
B . Design Survev
The ENGINEER shall provide design survey services necessary to support and facilitate
contemplated design and permitting activities associated with this project.
1 . Establish a project wide Horizontal Control Network 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 550 linear feet along each of
the four approaches .
b . The design survey shall include all topographic features within the COUNTY ' s
right-of-way. The survey shall also include all topographic features 20 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 61 G 17-6 , Florida Administrative Code,
pursuant to Section 472 . 027, Florida Statutes .
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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 .
C . Geotechnical Investigation
The ENGINEER will provide geotechnical engineering services on this project including a review
of existing information, field reconnaissance, roadway coring, SPT borings 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 five five-foot auger borings relative to each intersection (for a total of 20
auger borings) to explore the shallow soil stratigraphy. The borings will be performed
using a 3 -inch diameter hand (bucket) auger.
2 . Perform up to four roadway cores at each intersection (for a total of 16 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 Standard Penetration Test (SPT) borings at the proposed mast arm locations
to a depth of approximately 35 feet at each intersection (for a total of 8 SPT borings) .
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 borings for laboratory testing. This includes routine
classification tests including standard sieve analysis, Atterberg Limits , organic contents ,
etc .
5 . Prepare a report for each intersection (four reports) 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 .
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C . 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
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 :
All roadways involved in this project shall be 3 lane curbed cross sections . Individual
typical sections shall be prepared for each roadway to detail each road ' s individual
features . In some cases a typical may be required for each approach due to major physical
differences .
2 . Scale :
The plan and profile sheets will be drawn at a horizontal scale of 1 " = 40' and a vertical
scale of I " = 10 ' . Cross Section sheets shall be drawn at a horizontal scale of 1 " = 20 ' and
a vertical scale of I " = 5 ' .
3 . Pavement Design:
The ENGINEER shall provide the proposed pavement design 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 throughout the project limits .
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5 . 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 .
6 . Design speed for each approach is given below :
a. ) I " Street SW and 27th Avenue
North - 45 mph
East — 45 mph
South — 45 mph
West — 40 mph
b . ) 5th Street SW and 27th Avenue
North - 45 mph
East — 40 mph
South — 45 mph
West — 40 mph
C . ) 15` Street SW and 43 `d Avenue
North - 45 mph
East — 40 mph
South — 45 mph
West — 40 mph
d . ) 12`h Street and 27th Avenue
North - 45 mph
East — 40 mph
South — 45 mph
West — 40 mph
7 . 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
1 . Drainage Parameters :
Perform drainage investigations and analysis necessary to prepare a design, which will
drain the project in accordance with the COUNTY, IRFWCD, and SJRWMD design
criteria.
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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 Indian River Farm Water Control District, St. Johns
River Water Management District, and US Environmental Protection requirements for
submittal by the COUNTY, if necessary. A pre-application meeting with agencies shall
be held . The addition of turn lanes may be exempt from St. Johns River Water
Management District permitting . 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, 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 .
4 . 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 Markiniz Plans
Signing and Pavement Marking Plans shall be consistent throughout the project limits . All signs
and markings will be produces using COUNTY standards . The following additional data shall be
utilized for the development of the plans :
1 . Plans shall be prepared at a scale of 1 " = 40 ' with labeling similar to FDOT plans .
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2 . A Key sheet, Tabulation of Quantities, General Notes , Plan sheets, Details, and Guidesign
sheets shall be incorporated into the signing and pavement marking plans .
G . Signalization Plans
The Signalization Plans shall be prepared to meet COUNTY standards . New signal equipment will
be required at all four intersections . 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
boxes , conduit, etc .
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 . Luminares shall be mounted on signal poles . Any special pole designs that may be
required to support the luminaries will be prepared at an hourly rate .
6 . All mast arm structural calculations for standard FDOT mast arms shall be performed and
all resulting data shall be shown on the plans . If special mast arm design (not defined by
FDOT Standards) it is beyond the scope of this project. In the event a special design is
required, the ENGINEER shall be compensated for such additional services in
accordance with Section VI of this Agreement.
7 . A Key sheet and Tabulation of Quantities shall be included exclusively for the
signalization plans.
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H. Construction Phase Assistance
The ENGINEER will provide construction phase assistance foT 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.
• 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 .
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I . 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.
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 $61 , 888
Roadway Design $ 171 , 806
Signing and Pavement Marking Design $413476
Traffic Signal Design $323472
Storm Water Design & Permitting $ 33 062
Utility Coordination $ 8 , 118
Geotechnical $28774
Hourly Rate Components Feel
Utility Location Survey $20, 000
Construction Phase Assistance $20, 000
Right of Way Maps , Parcel Sketches , and Legal Descriptions $20 , 000
All Fees provided for Hourly Rate Components may need to be supplemented for additional
compensation based upon project specific needs .
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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.
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
CADD 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
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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 .
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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 .
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.
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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 :
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 .
18
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 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 .
1 . Notwithstanding the provisions of s . 725 . 06 , if a design professional provides professional services
to or for a public agency, the agency may require in a professional services contract with the
design professional that the design professional indemnify and hold harmless the agency, and its
officers and employees, from liabilities, damages , losses, and costs , including, but not limited to,
reasonable attorneys ' fees , to the extent caused by the negligence, recklessness , or intentionally
wrongful conduct of the design professional and other persons employed or utilized by the design
professional in the performance of the contract.
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SECTION 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 17th day of
May , 2005 .
McMAHON ASSOCIATES , INC . INDIAN RIVER COUNTY, FLORIDA
7741 N . Military Trail
Suite 5
PALM BEACH GARDENS L 33 10
BY : '/, /
By: 5
Thomas S . Lowther, Chairman
Board of County Commissioners r.
WITNESSED BY : Approved by BCC M V '17Liv
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Attest:
'• f ' a
Jeffrey K. Barton, Clerk (gfsQrcuit Caouriv
J/J
By:
ounty Attorney Deputy Clerk
Approved as to Form and Legal Sufficiency
Indian River County ApprovedDate
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