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FINAL DESIGN AND PLANS PREPARATION FOR b5 - 3 gb
CR 510 from CR 512 to east of 75th Court
This AGREEMENT, entered into this 15th day of November 20051 by and
between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the
COUNTY, and STANLEY CONSULTANTS , INC . , West Palm Beach, Florida, hereinafter referred to as the
ENGINEER.
WITNESSETH
The COUNTY and the ENGINEER, in consideration of their mutual covenants , herein agree with
respect to the performance of professional civil engineering, geotechnical engineering, land surveying 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 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 design surveys, right-of-way map , parcel sketches and
legal descriptions , subsurface geotechnical investigations, roadway construction plans , bridge plans , permit
applications and utility relocations associated with the improvements/reconstruction of CR 510 located in
Indian River County, Florida to a 4 -lane divided urban roadway with a right of way width of 160 feet.
PROJECT LIMITS are from approximately Station 25 +00 , which is approximately 500 ' north of CR 512 , to
approximately Station 200+00 , near 75 "' Court or approximately 1 mile west of 66d` Avenue along the existing
CR 510 alignment. The roadway length along CR 510 mainline is 18 , 100 linear feet or 3 .42 miles with an
additional 5900 linear feet or 1 . 12 miles of connecting roadway for a total length of 24 ,000 linear feet or 4 . 55
miles and includes the following :
• Design for reconstruction the old CR 510 (Vero Lakes Estates access road) for approximately 1500
linear feet of roadway as one -lane one-way rural section.
• Design the west leg of the 89t" Street intersection, as a two lane rural section , with approximately
1800 linear feet of new roadway from CR 510 westward to 92nd Court, where the existing bridge
accesses the high school . Include dual left turns from eastbound 89d' Street to northbound CR 510 at
the intersection of CR 510 and 89`h Street. Design left turn lanes at the intersection of 89"' Street and
92nd Court. Evaluation or widening of the existing bridge on 92nd Court will be added by amendment,
if required .
• The proposed 89`h Street road, bridge and Lateral D Canal Relocation , which is east of CR 510 , will
CR 510 Design Agreement20051104.doc Page 1 of 16 11 /7/2005
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be designed and constructed by others or added by amendment, if required . ENGINEER shall
coordinate with the Developer ' s Engineer.
• Design the intersection of 89th Street at 91St Street to connect Sebastian River High School with 89th
Street, including approximately 100 linear feet north of 89th Street over the canal and including design
of a new box culvert at the canal .
• Coordination with the IRC School Board to close Hammerhead Way, if required . The high school ' s
internal road will remain .
• Design a new 91St Avenue roadway from 89`h Street to 87"' Street as a two lane rural typical section ,
approximately 1400 linear feet .
0 Design left turn lanes at 91St Avenue and 87th Street, which requires 800 linear feet of widening on
87`h Street from west of 91St Avenue to CR 510 for new left turn lanes. Requires 200 linear feet of
widening on 91st Avenue just south of 87`h Street.
• Design proposed intersection at 82nd Avenue for a distance of 100 feet north and south of CR 510 and
coordinate with FDOT ' s Consultant designing 82nd Avenue .
• Design three new bridge structures (CR 510 over Lateral "D " Canal at curve, CR 510 over Lateral
"C " Canal ( 82nd Ave) at Station 149+00 , and CR 510 over Lateral "L" Canal (near 79th Terrace) at
Station 174+80) .
• Design modification to one existing bridge structure (Vero Lakes Estates access Road over Lateral
"D " Canal) .
• Design three new box culverts (CR 510 over local high school (89th St) canal near Station 69+00 , 91 st
Avenue over local high school (89"' St) canal, and CR 510 drainage structure, near Station 179+40) .
Design updates, which may be added by work order, will be required when changes in field conditions occur
or when other roadway resurfacing or widening projects are constructed after the notice to proceed.
SECTION II - COUNTY OBLIGATIONS
The COUNTY agrees to provide (in a timely manner) the following material , data, or services as
required in connection with the work to be performed under this Agreement ; all of which information the
ENGINEER may use and reasonably rely upon :
A. Provide the ENGINEER with a copy of all previously conducted studies , geotechnical
investigations, traffic counts, preliminary data or reports available , existing location surveys,
topographic surveys , and related documents including Vero Lake Estates aerial/Topo Maps
and Master Drainage Plan.
B . Provide the ENGINEER with all available drawings, right-of-way maps , and other documents
in the possession of the COUNTY pertinent to the project .
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CR 510 Design Agreement20051104.doc November 7, 2005
C . The COUNTY shall be responsible for providing all abstracts of title for each parcel
necessary for construction and perform all right of way appraisal and acquisition services .
D . The COUNTY shall make provisions for the ENGINEER to enter upon public and private
property as required for the ENGINEER to perform his services .
E . The COUNTY will promptly execute all permit applications and provide application and
review fees necessary to expedite the acquisition of any local , state or federal permits made
necessary by the project.
F . The COUNTY will pay for all permit fees .
SECTION III - SCOPE OF SERVICES
The preparation of construction plans and documents for the reconstruction of CR 510 within the
PROJECT LIMITS will follow the recommendations presented in the Draft PE Report and Documents except
as modified by the County, recently prepared by the Florida Department of Transportation as a part of the
PD&E Study.
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 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.
b . The ENGINEER will design the project in such a manner 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 (Florida Greenbook) , latest edition .
C . The ENGINEER will prepare all necessary sketches and completed
application forms to accompany the COUNTY'S applications for required
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CR 510 Design Agreemem20051104.doc November 7 , 2005
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 (including City of Sebastian) , county, state , regional, 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 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 known existing utilities on the final design plans . All bridges
and structures will be designed with adequate utility line chases and/or shelves .
Design modifications to existing COUNTY utility lines , if necessary, may be
negotiated by a separate agreement with the County Utility Department, or the
County Utilities Department may design modifications with Utility Department
Staff or other consultants .
g . The ENGINEER shall report the status of this project to the Director of the
Public Works Department upon request and hold all drawings , calculations and
related work open to the inspection of the Director or his authorized agent at any
time , upon reasonable request .
4 . The ENGINEER will furnish copies of the drawings, specifications and contract
documents as required by the COUNTY for material 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 .
5 . The drawings prepared by the ENGINEER will be of sufficient detail to permit the
actual location of the proposed improvements . Negotiation for all land rights shall be
accomplished by the COUNTY, unless the COUNTY requests the ENGINEER to
perform these services in a subsequent work order to this AGREEMENT . In this
event, the ENGINEER shall be compensated for such additional services in
accordance with Section VI of this AGREEMENT .
6 , The ENGINEER acknowledges that preparation of applicable permits for the
COUNTY'S submittal through governmental regulatory agencies and FS 298 Water
Control Districts is included within the scope of basic compensation for this Agreement.
The COUNTY has acquired a conceptual SJRWMD permit for the Vero Lakes Estates
Subdivision which includes local road paving. Two FS 298 Water Control Districts ,
Sebastian River Water Control District and Vero Lake Estates Water Control District,
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have facilities and right-of-ways along the project . 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.
7 . If following execution of this Agreement the COUNTY proposes to construct the
improvements in a revised phased manner which requires the preparation of plans or the
need to obtain or modify permits previously obtained, the ENGINEER will be
compensated for this effort in accordance with the approved fee schedule in a
subsequent work order to this Agreement. No such additional work shall be initiated
unless approved by the Indian River County Board of County Commissioners.
8 . Compensation to the ENGINEER for basic services shall be in accordance with
Section V — Compensation, of this Agreement, as mutually agreed upon by the
ENGINEER and COUNTY .
B . Design Survey
The ENGINEER shall provide design survey services .iecessary to support and facilitate
contemplated design and permitting activities associated with this project. This task will
consist of the preparation of digital base map topographic surveys in accordance with the
Professional Land Surveyors in Chapter 61G17-6, Florida Administrative Code , pursuant
intent of the Florida Minimum Technical Standards set forth by the Florida Board of to
Section 472 . 027 , Florida Statutes . Current topographical survey used in the PD&E Study of
the project corridor will be field reviewed, updated and utilized in the Project . The survey
will include :
1 . Survey update to account for the repaving and widening of CR 510 throughout the
project limits in October 2005 where all existing asphalt surfaces were modified. A
second survey may be required during the design to account for the widening of CR 510
from CR 512 to the high school .
2 . Survey the canal along the high school from CR 510 to the existing bridge at 92nd Court .
Survey the bridge deck and superstructure . Include right of way survey and mapping for
the project limits noted in Section 1 Project Limits and Description .
3 . Establishment of a project wide Horizontal Control Network within the PROJECT
LIMITS .
4 . Establishment of a project wide Vertical Control Network within the PROJECT LIMITS .
All elevations will be referenced to NGVD 1929 datum.
5 . Research and analysis of existing right of way information (to include Abstracts or Title
Searches as provided by COUNTY) . Provide right-of-way maps , parcel sketches, legal
descriptions and appraisal as directed by the COUNTY .
6 . Design survey will be performed at an hourly not-to-exceed cost basis . Any savings due
to current certified surveys becoming available in the corridor shall be passed on to the
COUNTY .
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C . Geotechnical Investigation
Preliminary Geotechnical Report developed for the PD&E Study of the CR 510 will be
reviewed, updated and utilized in the Project. Additional geotechnical services will include
the following tasks :
1 . Review information from the Soil Survey of Indian River County, Florida, and any
geotechnical data furnished by the COUNTY . The Geotechnical Subconsultant may
rely upon information furnished by the COUNTY without independent review and
verification .
2 . Additional borings will be obtained for proposed pond locations , in the vicinity of the
proposed bridge structures and proposed mast-arm foundations to aid structural
design .
3 . Additional borings , if needed, will be obtained by amendment to delineate any found
muck/organic deposits .
4 . The updated Geotechnical Report will include :
• Discussiun of site regional geologic or physiographic setting.
• Discussion of general and specific subsurface conditions encountered by the
exploration .
• Discussion of any adverse soil conditions (such as muck, high plasticity
clays , etc . ) encountered during the exploration . Include recommendations
for remedial actions (removal , stabilization, etc . ) for any adverse conditions
found.
• Discussion of any petroleum or other hazardous contamination encountered
by the borings . Identify and map locations of concern based on the
reconnaissance .
• Recommended LBR for pavement design (subsoil and subgrade) .
• Recommendations for soil construction for roadway including base material ,
subgrade and embankment preparation and compaction .
• Estimated hydraulic conductivity of soils encountered on left and right side
of roadway based on typical relations between relative density, grain size ,
and soil type .
• Boring profile reports .
Deliverables shall consist of six (6) copies of the Geotechnical Report with soil boring records , test
results , photographs and similar data, summary of testing program and recommendations ; soil boring
plan for incorporation into the roadway plan package .
D . Roadway Plans
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CR 510 Design Agreement20051104.doc November 7 , 2005
Roadway set of plans shall consist of the following :
30 % 60 % 90 % 100 %
Cover Sheet X X X X
Typical Sections X X X X
Summary of Quantities & General Notes X X
Summary of Drainage Structures Sheets X X X
Details X X
Plan and Profile Sheets (40 scale) (56 sheets) X X X X
Cross Sections at 100 ft interval X X X
Landscape Plans X X X
Signage & Pavement Marking Plans ( 100 scale) X av mrk onl X X X
Signalization Plans X X X
Bridge Plans X X X
Intersection Plan & Details X X X X
Drainage Mas X X X
NPDES Plans X X
Stormwater Pollution Prevention Plans SWPPP X X
Computation Book X X
Construction Cost Estimate and Quantities X X X X
The plans will be prepared based upon English units . Design will be conducted in
MicroStation and Geopak and required deliverables shall be converted to AutoCAD format .
The Roadway Analysis and Roadway Plans tasks includes :
♦ Traffic Control Phase typical section
A- Survey Project Network Control Sheets
The following items are not included :
• Utility Relocation Plans
• Aerial Photography/Raster Image .
The following additional data shall be utilized for development of the plans .
1 . The recommended Typical Sections in the PD&E Study are to be utilized in the
Project unless the COUNTY requests changes . The ENGINEER will submit typical
sections for final review and approval prior to preparation of roadway plans .
2 . Recommended in the PD&E Study alignment Alternative #3 with modifications
requested by County with the proposed roadway elements will be included in 30%
Plans and submitted for review and comments .
3 . The roadway plan and profile sheets will be drawn at a scale of 1 " = 40'.
4 , The ENGINEER shall submit roadway pavement designs . Relevant traffic count
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data, will be made available to the ENGINEER by the COUNTY . The Geotechnical
Engineer will provide recommended LBR and soil survey data to the ENGINEER.
5 . Signing and pavement marking plans will be provided at the 90% and 100% stages
of design.
6 . Permit application submittals will be made subsequent to the 90% plan set submittal
approval by the COUNTY .
E . Bridge Plans
All structural plans and designs are to be prepared with English values in accordance with all
applicable current manuals , memorandums , guidelines and other documents listed below :
o AASHTO LRFD Bridge Specifications and Interims
o AASHTO Standard Specifications for Structural Supports for Highway Signs ,
Luminaries and Traffic Signals, dated 1994
o Florida Department of Transportation (FDOT) Structures Design Guidelines
o FDOT Structures Detailing Manual
o FDOT Structures Standard and Semi- Standard Drawings
o FDOT Bridge Load Rating Permitting And Posting Manual
The bridge plans will include bridges at the following locations :
New Bridge carrying the CR 510 mainline over the Lateral "D " Canal .
Modify existing bridge over the Lateral "D" Canal for access to Vero Lakes Estates .
Replace existing bridge over Lateral "C " Canal, west of proposed 82nd Avenue and
coordination with FDOT ' s 82nd Avenue Consultant.
Replace existing bridge over Lateral "A" Canal, Station 174+80 .
1 . Bridge Report — The ENGINEER shall prepare a Bridge Report (BR) . The BR shall
be submitted as part of the Phase I Roadway Submittal, General Requirements .
Issues to be considered in the BR include Bridge Geometry, Short- Span vs . Medium-
Span Concrete, Pier/Bent Types, Deep Foundations , TCP/Staged Construction
Requirements, Constructability Requirements , Abutment Slope/Wall Evaluation and
Quantity and Cost Estimates . All bridges will be designed and plans prepared for the
ultimate six lane divided roadway.
2 . Final Design — Bridge and box culvert plans will be submitted at the stages identified
in Section D . All bridges will be designed and plans prepared for the ultimate six
lane divided roadway. Design and prepare plans for three new box culverts using the
FDOT ' s LRFD Box Culvert Program. All quantities and cost estimates will be
provided at 90% and 100% submissions . The following tasks will be addressed in
the development of the final design and the final plans :
General Layout Design and Plans
• Overall Bridge Final Geometry
• Expansion/Contraction Analysis
• General Plan and Elevation
• Construction Staging
• Approach Slab Plan and Details
• Miscellaneous Details
End Bent Design and Plans
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• End Bent Geometry
• Wingwall Design and Geometry
• End Bent Structural Design
• End Bent Plan and Elevation
• End Bent Details
Miscellaneous Substructure Design and Plans
Foundation Layout
Superstructure Deck Design and Plans
• Finish Grade Elevation (FGE) Calculation
• Finish Grade Elevations
• Bridge Deck Design
• Bridge Deck Reinforcing and Concrete Quantities
• Diaphragm Design/Jacking Loads
• Superstructure Plan
• Superstructure Section
• Miscellaneous Superstructure Details
Reinforcing Bar Lists
• Reinforcing Bar List
Cast-In-Place Slab Bridges
• Bridge Deck Design
• Superstructure Plan
• Superstructure Sections and Details
Simple Span Concrete Design
• Prestressed Beam
• Prestressed Beam Schedules
• Framing Plan
Load Rating
• Load Ratings
Box Culverts
• Design Box Culvert at 89th Street with similar box culvert and
coordinate with Vero Lake Estates Master Drainage Plan.
• Design Box Culvert for access road into high school
• Design Box Culvert for creek.
F . Drainage Plans
1 . Perform drainage investigations and analysis necessary to prepare a design which
will drain the project in accordance with the COUNTY, SJRWMD , SRWCD ,
VLEWCD , FDEP , ACOE and / or Florida Department of Transportation design
criteria.
2 . The ENGINEER shall prepare stormwater permit applications for the St. Johns River
Water Management District, SRWCD , VLEWCD , ACOE and US Environmental
Protection Agency 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
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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 I V sheets .
Sketches shall be neatly scaled, signed and sealed, and reproducible .
4 . Stormwater Design and Permitting will be performed and any cost savings , should
the COUNTY enter into a development agreement with adjacent property owners
that enables the COUNTY to utilize their lands for the purpose of stormwater
attenuation and water quality treatment, shall be passed on to the COUNTY .
5 , A Stormwater Pollution Prevention Plan (SWPPP) will be developed in conjunction
with this project. The site specific SWPPP is a requirement of both the
Environmental Protection Agency (EPA) National Pollutant Discharge Elimination
System (NPDES) General Permit for Stormwater Discharges from Construction
Activities and the State of Florida Department of Environmental Protection (DEP)
Generic Permit for Stormwater Discharges from Construction Activities . Note:
SJR WMD administers permit for DEP.
G . Signing and Pavement Markin Pg lans
Preparation of the plan layout; key map ; quantities (including signing and pavement marking
quantity) ; tabulation of quantities ; and detail of all major signs . All plans are to be prepared
in accordance with the latest design standards and practices (MUTCD) , FDOT Standard
Specifications, Indexes, and shall be accurate , legible, complete in design and drawn at the
same scale as the Roadway Plans , furnished in reproducible form.
H . Signalization Plans
A traffic signal will be designed to accommodate the roadway improvements to intersections .
A mast-arm signal configuration will be designed to meet current COUNTY and FDOT
standards . Luminaire will be provided on each mast arm pole . Design of standard mast arms
at four intersections : CR 512 , Mako Way, 89th Street, Wh Avenue .
I . Landscape Plans
Landscape and irrigation Plans will be developed, including median and roadside landscape
with trees, ground cover and irrigation along the main line of CR 510 . Plant selection will be
coordinated with COUNTY staff.
J . Construction Phase Assistance
Construction phase assistance shall be submitted to the COUNTY under a supplemental
Work Order, if so requested, once the construction documents have been finalized and
construction duration has been determined.
K. Certification
1 . The ENGINEER will provide certification to St. Johns River Water Management
District based on As-Built drawings provided by the Contractor ' s licensed surveyor
and information provided by the COUNTY .
SECTION IV - TIME FOR COMPLETION
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NTP anticipated on or before 12/ 15/05
30% Design Drawings 4/ 14/06
60% Design Drawings 11 / 14/06
90% Design Drawings 3 / 15 /07
100% Design Drawings within 90 days after received permits
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 Description Fee
Lump Sum Tasks '
Design Survey $ 16400
Geotechnical Investigation $ 95 , 185
Roadway Plans $ 634 ,429
Drainage Plans $ 135 , 385
Erosion Control and SWPPP $ 17 ,425
Utility Coordination $ 185349
Permits $ 315122
Structure and Bridge Plans $ 365 , 739
Signing and Pavement Marking Plans $ 571991
Signalization Plans $ 651329
Landscape Plans $ 651850
Sub Total $ 1 , 651 , 604
Hourly Not-to-Exceed Tasks
Right-of-Way Maps, Parcel Sketches , $ 841000
Legal Descriptions and Appraisals
Retention Pond Design $ 131 , 355
Grand Total $ 106 , 959
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 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
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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 .
Payments will be made within forty-five (45 ) days of invoice receipt . 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 $ 152
Project Principle $ 115
Project Engineer (P . E. ) $ 137
Registered Land Surveyor $ 115
Senior Engineer $ 137
Environmental Professional $ 110
Engineer $ 110
Engineer Intern $ 73
Engineering Technician — CADD $ 80
Support Staff $45
3 -Man Survey Crew $ 1000
2 -Man Survey Crew $ 850
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
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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 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 .
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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 ,
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
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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.
H . ENGINEER shall either include each subconsultant(s) 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.
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CR 510 Design Agreement20051104.doc November 7, 2005
SECTION XVIII - 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 15th day of
November , 2005 .
STANLEY COSULTANTS , INC . INDIAN RIVER COUNTY, FLORIDA
1601 Belvedere Road, Suite 400 East
West Palm Beach, FL 33406
By: - By: S
David W . Grounds, P . E . Thomas S . Lowther, Chairman
Vice President Board of County Commissioners
WITNESSED BY : ApprovedbyBCC November 15 , 2005
Attest : �t
Jeffrey K. Barton; Clerk of Circuit CaSr '
By:
County Attorney De iWy ,C k .
Approved as to Form and Legal Sufficiency
Indian River County Approved Date
06Administration t
Js ph A . B ird, Budget 4
C u ty in
Legal �
Risk Management
Public Works
Capital Projects
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