Loading...
HomeMy WebLinkAbout2003-077 7 } PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT FOR CIVIL ENGINEERING, SURVEYING AND BRIDGE DESIGN SERVICES THIS AGREEMENT, entered into this 1 St day of April 2003 b and > Y between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and KIMLEY-HORN AND ASSOCIATES, INC . , Vero 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, bridge design 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 design surveys, roadway improvement plans , bridge replacement plans and permit applications for the replacement of three bridges and associated roadway improvements . The three bridge locations are 82nd Avenue over Lateral ` D ' Canal (No . 880017 ), 4`h Street over Cooch Ditch (No . 884050) and 4151 Street over Lateral `A ' Canal (No . 884033 ) . The associated roadway and bridge improvements at each location are as follows : 82nd Avenue bridge replacement — the COUNTY desires to replace the existing 2 - lane structure on 82nd Avenue with a 3 -lane structure. It is anticipated that a change in roadway grade will be required to accommodate the replacement structure . The COUNTY will be responsible for all roadway design improvements and permitting associated with the bridge replacement project . Information the COUNTY is to provide the ENGINEER to conduct the bridge design is identified in Section II . 1 t 1 4'" Street bridge replacement — the COUNTY desires to replace the existing 2 -lane vehicular and adjacent pedestrian bridge with a bridge-culvert . It is anticipated that a minor change in roadway grade ( <6") will be required to accommodate the replacement structure . The approximate length of total roadway improvements on 4`h Street associated with the bridge replacement is less than one-quarter mile . Relocation of the existing 12-inch water main will be required in the vicinity of the bridge replacement . 41 " Street bridge replacement — the COUNTY desires to replace the existing 2-lane structure on 415` Street with a 3 - lane structure . In addition, left turn lanes will be added to all approaches of the 66`h Avenue / 41 " Street intersection . Realignment of 415` Street to the north immediately east and west of the 66'b Avenue intersection to accommodate the proposed bridge replacement. The approximate collective length of roadway improvements on 66`h Avenue and 415' Street associated with the bridge replacement is 1 . 0 mile . The ENGINEER shall use the COUNTY ' S turn lane criteria for design of pavement markings, signing and geometrics . Any required change in roadway elevation, to accommodate the bridge replacement vertical grade, is anticipated to be accommodated within the above listed roadway improvements . 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 . 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. 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 obtaining those permits required to perform the work to complete the project, if such permit requirements are established by regulatory agencies after the date of this Agreement. 2 i 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 proj ect. G . The COUNTY shall provide all right-of-way maps, parcel sketches, legal descriptions, and abstracts of title for each parcel necessary for the road construction . H . The COUNTY will provide the results of geotechnical investigation at each bridge replacement location . I . The COUNTY will provide the following items as it relates to the 82 Avenue bridge replacement structural design : • Bridge Typical Section . • Horizontal control of typical bridge section within 82"d Avenue right-of-way. • Minimum low member elevation for ultimate five-lane bridge configuration . • Once the COUNTY selects a bridge superstructure, the COUNTY will establish the bridge begin/end stations and elevations . • The COUNTY will be responsible for determining the location and type of bridge end hazard protections based upon the associated roadway improvements on 82nd Avenue and 4d' Street. • The COUNTY will identify the size and location of potential utility crossings that will be located on the designed bridge replacement. SECTION III - SCOPE OF SERVICES The ENGINEER agrees to perform professional roadway design, bridge design and related services in connection with the project as required and set forth in the following: A . General I . 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. 3 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, and shall comply with the Florida Department of Transportation's Manual on Uniform Minimum Standards for the Design, Construction , and Maintenance of Streets and Highways (Green Book), latest edition . C . The ENGINEER will prepare all necessary sketches and completed application forms to accompany the COUNTY'S applications for required federal, state, or local permits . (excluding 82"d Avenue bridge replacement) 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 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 utilities on the final design plans . 4 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 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 24 " x 36" 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 is included within the scope of basic compensation for this Agreement (excluding 82"d Avenue bridge replacement). 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 5 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 of this Agreement, as mutually agreed upon by the ENGINEER and COUNTY . B . Design Survey The ENGINEER shall provide design survey services necessary to support and facilitate contemplated design and permitting activities associated with this project . I . Establish a project wide Horizontal Control Network for each of the three project locations within the DESIGN LIMITS . 2 . Establishment of a project wide Vertical Control Network for each of the three project locations within the DESIGN LIMITS . All elevations will be referenced to NGVD 1929 datum . 3 . Field establishment and monumentation of survey baselines and all side streets involved . Baseline stationing will be established at one hundred foot ( 100 ' ) intervals for each project location within the DESIGN LIMITS . The DESIGN LIMITS for each project location are as follows : 82"d Avenue bridge replacement — the DESIGN LIMITS shall extend six hundred feet (600 ' ) north and- south from the centerline of the Lateral ` D ' Canal along 82nd Avenue . Acquisition of cross-sections within the DESIGN LIMITS on 82nd Avenue shall be at one hundred foot ( 100 ' ) intervals . The cross sections shall extend across the right-of-way and a minimum of twenty-five feet (25 ' ) outside the existing road right-of-way. This is based on the existing right-of-way being one hundred and thirty-six feet ( 136 ' ) in width . Topographic and geometric survey data shall be collected three hundred feet (300 ' ) east and west from the centerline of 82nd Avenue along 4`h Street. Acquisition of cross sections within the DESIGN LIMITS on 4`h Street shall be at one hundred foot ( 100 ' ) intervals . The cross sections shall extend from the southern edge-of-water of the Lateral ` D ' Canal and shall extend across the right-of-way and a minimum of twenty-five feet (25 ' ) outside the existing right-of- 6 t a way. This is based the existing right-of-way being one hundred feet ( 100 ' ) in width . 4`h Street bridge replacement — the DESIGN LIMITS shall extend five hundred feet ( 500 ' ) east and west from the centerline of Cooch Ditch . In addition, the DESIGN LIMITS shall extend one hundred feet ( 100 ' ) north on 35 `h Avenue from the existing 41h Street edge of pavement . Acquisition of cross-sections within the DESIGN LIMITS on 4`h Street shall be at one hundred foot ( 100 ' ) intervals . The cross sections shall extend across the right-of-way and a minimum of twenty-five feet (25 ' ) outside the right-of-way. This is based on the existing right-of-way being one hundred feet ( 100 ' ) in width. 41" Street bridge replacement — the DESIGN LIMITS shall extend one-quarter mile in the direction of each approach from the intersection of 66`h Avenue and 41 s` Street . Acquisition of cross-sections within the DESIGN LIMITS on 66`h Avenue shall be at one hundred foot ( 100 ' ) intervals . The cross sections shall extend across the right-of- way and a minimum of twenty-five (25 ' ) outside the right-of-way. This is based on the existing right-of-way being one hundred and thirty-six feet ( 136 ' ) in width . Acquisition of cross-sections within the DESIGN LIMITS on 415` Street shall be at one hundred foot ( 100 ' ) intervals . The cross sections shall extend from the northern edge-of-water of the abutting sub-lateral canal and shall extend across the right-of- way and a minimum of twenty-five feet (25 ' ) outside the right-of-way. This is based on the existing right-of-way being one hundred feet ( 100 ' ) in width . 4 . Improvements within the DESIGN LIMITS for each location will include above ground visible improvements such as existing pavement location , curbing, utilities (above ground), drainage facilities within the right-of-way and twenty-five feet (25 ' ) on each side of the right-of-way, sidewalks, fences, signage and guardrails . 5 . Final output will be in the form of hard copy mylar mapping along with digital AutoCAD, release 20001 DWG files . All mapping will conform to the United States Geological Survey's , "National Map Accuracy Standards , " dated 1968 . 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 three bridge replacement projects . 7 7 . Acquisition of Lateral "D " , Lateral "A" and Cooch Ditch canal soundings to include full width (top of bank to top of bank) soundings (cross-sections) at the upstream and downstream face of each bridge and 300' upstream and downstream of bridges . C . Roadway Plans Roadway plans shall be prepared to include : plotting of survey data ; establishment of profile grades ; key map; plan and profile sheets (including geometric calculations) ; typical section sheets ; summary of quantities ; summary of drainage structures ; cross-section sheets at 100' intervals ( including earthwork computations) ; signing and pavement marking plans ; and other detail sheets necessary to convey the intent of the scope of services outlined herein . All plans shall be prepared in the English units. The following additional data shall be utilized for development of the plans . 1 . Typical Sections : The ENGINEER will prepare typical sections for review and approval . Preliminary typicals depicting the design section shall be submitted prior to preparation of roadway plans . 2 . Scale : The roadway plan and profile sheets will be drawn at a scale of 1 " = 20' for each project location. 3 . Pavement Design : The ENGINEER shall submit roadway pavement designs . Relevant traffic count 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. 4 . Rural roadway sections will be utilized for all roadway improvements . Based upon the FDOT Manual of Uniform Minimum Standards the shoulder width shall be a minimum of 8-ft. 6 . The Roadway plans will be submitted to the County for review at the 30%, 60%, 90% and 100% stages of design. 7 . The roadway improvements will be designed with the following design speeds : 66'bStreet — 45 mph 41 ` Street — 45 mph 8 4`h Street — 45 mph 8 . The following is an estimating of the construction plan sheets required for each project location : Sheet Description 82"" St. Bridge 4' St. Bridge 41 s` St. Bridge Key Sheet 1 1 I General Notes Sheet 0 1 1 Typical Section Sheet 0 1 1 Summary of Quantity Sheets 0 1 2 Horizontal & Survey Control Sheet 0 1 1 Plan & Profile Sheets 0 2 7 Misc . Construction Detail Sheet 0 1 1 Cross Section Sheets 0 2 7 Signing & Marking Sheets 0 1 4 Structure General Notes and Quantity Sheet 1 0 1 Structure Plan & Elevation Sheet 1 0 1 Foundation Layout 1 0 1 Boring Profile Sheet 1 0 1 Structure Bent Sheets 7 0 7 Superstructure Plan & Section Sheets 4 0 4 Miscellaneous Structure Details 9 0 9 Total Number of Sheets 25 11 52 D . Draina e Plans 1 . Drainage Parameters : Perform drainage investigations and analysis necessary to prepare a design which will drain the project in accordance with the County, SJRWMD, and IRFWCD design criteria. The drainage design shall include stormwater treatment and attenuation in accordance with the requirements of Indian River Farms Water Control District, Indian River County, and St. Johns River Water Management District. 2 . Environmental Permits : The ENGINEER shall prepare stormwater permit applications for the St. Johns River Water Management District, US Environmental Protection Agency, and Indian River Farms Water Control District requirements for submittal by the County. This will consist 9 of all required evaluation , design, coordination, and follow-up work necessary to supports permit application . The County will review the permit applications as necessary 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 must 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 . E . Sienina and Pavement Marking Plans 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 1 " = 20' scale, furnished in reproducible form . F . Structural Plans The ENGINEER shall prepare preliminary and final bridge plans for the demolition and replacement of bridges on 41 st Street over the Lateral ` A ' Canal and 82nd Avenue over the Lateral ` D ' as detailed below : Bridge Section No . 804033 over Lateral `A ' Canal 3 -Lane (expandable to 5 -Lane) No . 880017 over Lateral ` D ' Canal 3 -Lane (expandable to 5 -Lane) 1 . The proposed typical section will consist of three lanes , 8 ft. sidewalk on one side, 8 ft. shoulder on opposing side and utility shelves on both sides of each bridge, with an estimated overall width of 66 "-6 " . 10 1 2 . The bridge lengths for each of the replacements will be customized to fit the specific sites . Both bridges are assumed to be no more than two spans , with a maximum span length of about 40 feet . 3 . Bridge plan geometrics and wingwall configurations will minimize the encroachment of the bridge ends into adjacent intersections and driveways . Wingwalls will also be set to allow for utility burial at the bridge ends . 4 . Slope protection , rip-rap and/or sheetpiles will be used at the bridge abutments to stabilize the canal banks in the vicinity of the bridges . 5 . It is anticipated that the COUNTY will allow road closures at all three bridge replacement locations such that phased construction will not be required . 6 . Utility coordination will be performed in order to evaluate existing utilities and accommodate utility crossings on the proposed bridges . 7 . The bridge design will be performed in accordance with the 1998 Edition of the AASHTO LRFD Design Specifications with Interim Revisions through 2002 , and the 2002 FDOT Structures Design Guidelines, LRFD Edition . 8 . Construction and material specifications will be based on FDOT Standard Specifications for Road and Bridge Construction, 2002 Edition . 9 . All design and plan details will be in the English unit system . 10 . Bridge plan submittals are anticipated at the 30%, 90%, and 100% stages . The 30% submittal will occur after the 30% roadway and intersection geometry has been reviewed and approved by the County . Bridge 30% plans will include General Plan and Elevation views, Typical Sections and Notes . The 90% submittal will consist of Contract Plans and preliminary quantities and cost estimates . The 100% submittal will be the Final Plans, with Quantities, Opinion of Cost and Specifications . G . Certification 1 . Certification will be made to St. Johns River Water Management District based on As- Built data provided by the COUNTY . 2 . Certification will be made to Indian River Farms Water Control District based on As- Built data provided by the COUNTY 11 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 4`h Street and 4151 Street projects shall be twelve ( 12) months . Once permits are received, 100% design drawings shall be completed 90 days thereafter. The time of completion for the 82"a Avenue bridge plans will be six (6) months and begin upon receipt of the County ' s 30% roadway plans . 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 l . The basic compensation for each project location mutually agreed upon by the ENGINEER and the COUNTY follows : 82??d Avenue bridge replacement Task Fee Lump Sum Components' Design Survey $ 6, 190 Structural Design $45 ,984 ridge Total $ 52 , 174 4`" Street bridge replacement Task Fee Lump Sum Components' Design Survey $4,635 Roadway Design $ 17, 860 Drainage Analysis and Permitting $5 , 183 ride Total $27,678 41s' Street bridge replacement 12 Task Fee Lump Sum Components' Design Survey $ 1085 Roadway Design $ 33 , 880 Structural Design $45984 Drainage Analysis and Permitting $6120 rid e Total $ 96,669 ' Inclusive of expenses . 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. 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 : 13 Bridge Engineer (P . E .) $ 135 Project Manager $ 120 Project Engineer (P .E . ) $ 100 Analyst $ 87 Registered Land Surveyor $ 100 Environmental Professional $ 85 Engineering Technician — Inspector $ 65 Engineering Technician — CADD $70 Engineering Technician/Draftsman $ 65 Support Staff $45 3 -Man Survey Crew $95 2 -Man Survey Crew $ 85 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 14 Y 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 . 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. 15 M i 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 . COUNTY shall be an additional insured. 16 P` 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. H. ENGINEER shall either include each subconsultants as insured under its policies or shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein. I . ENGINEER shall indemnify and hold harmless the COUNTY, 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 wrongfull conduct of the ENGINEER and other persons employed or utilized by the ENGINEER in the performance of the this agreement. 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 17 4 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 1St day of April 2003 . KIMLEY-HORN AND ASSOCIATES , INC . INDIAN RIVER COUNTY, FLORIDA 60121 ST STREET #400 VERO BEACH , FLORIDA 32960 By : AB Roscoe L . Biby. 4R. a airman Sr. Vice-President Bommissioners WITNESSED BY : Approved by BCC Apri 1 1 2003 Attest : Jeffrey K. Barton , Clerk of Circuit Court B : eApproved mey Deputy Clerk s to Form and Legal Suf `iciencyIndian 1?k' Vei Ccuniy paai"uved tEChandler, Administrat�c ;; onistrator Budget F Co . Attornay Risk Management K:\PROPOSAL\IRC\IRCBRDG B(6) .doc hepar; ,; a �, l .rc Diviaion 1 t og 18