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43rd AVENUE ROADWAY AND DRAINAGE IMPROVEMENTS
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT, entered into this 7th day of October , 2003 , by and
between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the
COUNTY, and CARTER 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 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, land surveying, and environmental permitting 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 completion of roadway improvement plans, and permit acquisitions
for roadway and drainage improvements on 43rd Avenue from 8th Street to the bridge over the Main Relief Canal,
north of 20'h Street (SR-60) . The limits include County road rights-of-way and private property construction
easement areas along 43rd Avenue, 44th Avenue, 80' Street, 9`h Lane, 91h Place, 10th Street, 11th Street, 12' Street, 12th
Place, 13 'h Street, 13th Place, 14th Street, 14`h Place, 14`h Lane, 15 `h Street, 15th Place, 16'bStreet, 18th Street,
19`h
Street, and 20`h Street (SR-60) , as well as adjacent IRFWCD and FDOT rights-of-way.
Consultant services are required to revise the 100% plans previously produced by the ENGINEER (dated
June 2000) to incorporate scope and detail changes that have developed since that date , complete and update all
necessary permits, prepare bidding documents , then bid, award, and administer the construction of the project.
SECTION II - COUNTY OBLIGATIONS
The COUNTY agrees to provide 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.
E . The COUNTY shall make provisions for the ENGINEER to enter upon public and private
property as required for the ENGINEER to perform his services .
F . The COUNTY will promptly execute all permit applications and provide application fees
necessary to expedite the acquisition of any local, state or federal permits made necessary by the
project.
G. The COUNTY shall provide all right-of-way maps, parcel sketches, legal descriptions, and
abstracts of title for each parcel necessary for the road construction.
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.
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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.
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 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 .
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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, for materials suppliers, federal, state and local agencies from
whom approval of the project must be obtained. The ENGINEER will furnish to the
COUNTY one set of 11 "x17 " originals of the drawings and 8 . 5 "x11 " copies of the
specifications at each phase of the project. The COUNTY shall make additional copies
as needed for COUNTY review and coordination, and for distribution to prospective
bidders . 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. 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
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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 . Specific Tasks
Services to be provided by the ENGINEER are more specifically described as follows :
1 . Design Survey — ENGINEER will conduct a field survey for the purpose of updating the
plans to reflect current conditions . The survey will include obtaining information on the
Unity Church lake system, Grace Baptist Church lake system, Carolina Trace system,
Mathis Site, FDOT outfall to IRFWCD Main Canal and other locations deemed necessary
by ENGINEER for evaluation of the overall stormwater management system and for
design of proposed improvements . The existing plan view(s), which show existing
conditions in the background, will be updated. In addition, new survey base drawings will
be prepared for land areas that will contain proposed new design features that were not
included in the previously prepared drawings . ENGINEER will re-establish and set
horizontal and vertical control points for use during construction and for as-built survey.
2 . Roadway Geometry Revisions — ENGINEER will revise the roadway layout and
corresponding plans, cross-sections and details, to transition the pavement and/or striping
to match the existing 43 `d Avenue roadway north of the S . R. 60 intersection with the
transition extending beyond the bridge if deemed appropriate . The previous design and
details for 43 `d Avenue improvements north of the SR60 intersection will be abandoned
and removed from the construction drawings . The new project limits will end where the
new transition matches the existing pavement.
3 . Driveway and Curb Cut Revisions — ENGINEER will revise the plan views of the
plan/profile sheets to reflect changes in locations of driveways and curb cuts as directed
by the COUNTY.
4 . Typical Sections Revisions — ENGINEER will revise the typical pavement sections to
provide additional base thickness in lieu of subgrade stabilization.
5 . Yard Drain Layout Revisions — ENGINEER will revise the plan/profile sheets to reflect
changes in locations of yard drains as directed by the COUNTY . The redesign shall also
address yard drains susceptible to reverse flow during flood conditions . Inline check
valves will be located in discharge pipes to prevent reverse flow from occurring.
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6 . Stormwater Conveyance System Revisions — ENGINEER will prepare and/or revise
the plan/profile sheets and Stormwater Management Plan sheets to incorporate changes in
the drainage conveyance system resulting from as-built and/or proposed conditions of the
joint-use stormwater management systems located at The Unity Church, Carolina Trace,
Grace Baptist Church and the Mathis site (44`h Avenue) . Details for required
modifications to existing control structures at The Unity Church and Carolina Trace will
be provided. In addition, plans will be revised to accommodate the installation of
"Vortex" stormwater treatment systems on the discharge to IRFWCD Sublateral B- 1
Canal at the south side of 16`h Street and on the FDOT discharge to the IRFWCD Main
Canal at the south side of the Main Canal (provided "Vortex" systems are necessary to
meet the required water quality treatment credits for the project and "Vortex" systems are
approved by SJRWMD for this purpose) .
7 . Stormwater Management System Evaluation — ENGINEER will update the stormwater
management calculations to assess the requirements for mitigation of stormwater quality
treatment. The use of "Vortex" systems (as stipulated in "F" above) will be evaluated.
The FDOT S .R. 60 drainage system will be evaluated for retrofit with a "Vortex" system.
The stormwater management calculations report will be revised accordingly. A pre-
application meeting will be conducted with SJRWMD to determine their conditions of
approval for use of a "Vortex" system and their requirements for obtaining a permit.
ENGINEER will provide recommendations to the COUNTY regarding the use of
"Vortex" systems based upon the revised calculations and SJRWMD ' s requirements .
Engineering evaluation and/or, incorporation into the design, of other stormwater quality
and/or quantity options not specifically described herein shall be considered an additional
service .
8 . Cross-Sections — ENGINEER will revise cross-sections, which are provided every 100
feet of the project length to reflect proposed revised design conditions . Cut and fill
calculations will be revised based on the new typical sections .
9 . Signing and Marking — ENGINEER will revise signing and marking plans to reflect
proposed changes in the roadway layout and lane alignment.
10 . Signalization — The COUNTY shall provide "redlined" marked-up set of plans to the
ENGINEER to update the mast arm signalization design at the 43 `d Avenue/S . R. 60
intersection. The COUNTY shall be responsible for obtaining easements or right-of-way
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to accommodate the mast arm foundations . Mast arm foundations shall be located to
avoid conflict with existing and/or proposed utilities and drainage features . No changes
are proposed for the proposed span wire signals to be located at 8"' Street, 12`h Street and
16`h Street intersections with 43`d Avenue . The COUNTY shall adopt all of the previous
design drawings prepared by sub-consultants William, Hatfield & Stoner. The County
Traffic Engineer, Chris Mora, will sign and seal all adopted drawings, as necessary.
11 . Landscaping — ENGINEER will revise landscape construction drawings to reflect
proposed changes as directed by the COUNTY. The COUNTY shall provide a "red-
lined" mark-up of proposed changes to the existing landscape plans .
12 . Maintenance of Traffic — The COUNTY shall provide a "redlined" marked-up set of
plans to show work zones, detours, and permitted traffic lane closures . The ENGINEER
shall prepare construction phasing plans based on the COUNTY marked-up plans to
provide a uniform basis for bidding. Plans and notes will be based on FDOT standard
traffic control indices , typical sections and notes . Detailed plans indicating locations of
work zone devices, striping and signing will not be provided, such detailed plans will be
required from the CONTRACTOR.
13 . Utility Coordination — ENGINEER will coordinate "pot-holing" of existing water and
sewer utilities at revised locations of storm sewer/utility crossings and other potential
utility conflict locations . The Indian River County Road and Bridge Department will
provide all excavation work for the purpose of exposing existing utilities . ENGINEER
will coordinate with the Indian River County and City of Vero Beach Utility Departments
to have their respective utilities located prior to excavation. ENGINEER will survey and
obtain horizontal and vertical locations of water and sewer utilities at the "pot-holed"
sites . ENGINEER will identify utility conflicts and identify where utility adjustments will
be required.
ENGINEER will prepare and submit separate highlighted plan/profile sets of drawings to
IRC Utilities , City of Vero Beach Utilities, Bell South, FP&L, City Gas and local cable
company highlighting the individual ' s utilities for their use in planning utility relocations
and/or conflict resolution. Redesign and plan preparation of relocation of existing utilities
will be the responsibility of the individual utility, except where already included in the
existing design.
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14 . Revise Miscellaneous Drawings — In addition to the drawing revisions already
mentioned, ENGINEER will revise and update the following miscellaneous drawings :
a . Cover Sheet
b . General Notes/Legend
c . Horizontal Survey Control and Overall Profile
d. Drainage Basin Map
e . Drainage Basin Data
f. Summary of Quantities
g. Summary of Drainage Structures
h. Miscellaneous Details
i. Cut and Fill Estimates
15 . Specifications — ENGINEER will revise and update the technical specifications for the
project.
16 . Cost Estimate — ENGINEER will revise and update the construction cost estimate for the
project after preliminary engineering is completed and again after final engineering is
complete .
17 . Permitting — ENGINEER shall conduct pre-application meetings with permitting
agencies. Pre-application meeting minutes will be prepared and provided to the
COUNTY. ENGINEER shall prepare and submit permit applications to FDOT,
SJRWMD , and IRFWCD for construction of the proposed project. ENGINEER shall
prepare the applications for signature by the COUNTY and shall provide the necessary
exhibits, including permit sketches, construction drawings and calculations as required for
the permit applications . The COUNTY shall provide application fees as required for the
various permit application submittals . Any additional work required by regulatory
agencies pursuant to regulations established after the date of this agreement shall be an
additional service . No other permit application preparations or submittals are included.
Please note that the selected Contractor will be responsible for obtaining an FDEP permit
for construction activities pursuant to meeting EPA NPDES requirements .
18 . County Review/Submittals — ENGINEER will submit preliminary drawings,
calculations , specifications, cost estimate and permit application packages along with
other relevant documentation including reports and pre-application meeting minutes, to
Indian River County (COUNTY) for review prior to submitting permit application
packages to permitting agencies . The COUNTY will provide review comments in writing
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to ENGINEER. ENGINEER will meet with the COUNTY to discuss the COUNTY ' s
review comments and ENGINEER will provide written responses to the COUNTY ' s
comments . ENGINEER will incorporate the COUNTY ' s review comments into the
construction drawings, where applicable, and then commence submittal of permit
application packages to agencies . Following receipt of permitting agency comments
and/or permits, ENGINEER will prepare and submit to the COUNTY for final review the
final plans, specifications , calculations, cost estimate and construction documents for
bidding. ENGINEER will once again meet with the COUNTY to discuss the COUNTY ' s
review comments . ENGINEER will incorporate the COUNTY ' s final comments into the
construction documents and commence construction administrative services . Attendance
at a maximum of three review (3 ) meetings is included.
19 . Construction Administration Services — ENGINEER will provide the following list of
services during the construction phase of the project:
a. Assist the COUNTY with preparation of formal construction Contract Documents .
The COUNTY will furnish "front end" documents which will include but not be
limited to invitation to bidders, instruction to bidders, general conditions, special
conditions, standard conditions, form of agreement, bonds, etc . ENGINEER will
furnish construction plans, bid list and technical specifications.
b. Assist the COUNTY in the advertisement of the project for bids.
c . Arrange and attend a pre-bid meeting to answer bidder ' s questions .
d. Assist the COUNTY in the opening and tabulation of bids, and consult with the
COUNTY as to the proper action to be taken, based on the engineering consideration
involved.
e . Arrange and attend a pre-construction meeting to answer questions and provide
pertinent information.
f. Arrange and attend bi-weekly progress meetings (40 meetings total based on 18
months of active construction) . Prepare and distribute meeting minutes .
g . Make periodic visits to the site as frequent as necessary, but not less than once every
week (80 site visits total based on 18 months of active construction), (as
distinguished from the continuous services of a resident Project Representative) to
observe the progress of the executed work and to determine in general if the work is
proceeding in accordance with the Contract Documents and permit conditions .
h. Review samples , catalog data, schedules , shop drawings, laboratory, shop and mill
tests of material and equipment and other data the contractor submits in accordance
with the Contract Documents .
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i. Assist the COUNTY with review of Contractor ' s pay requests and make
recommendations for payment.
j . Evaluate and approve/disapprove all testing results and make recommendations to the
COUNTY.
k. Furnish consultation regarding interpretation of any and all parts of the project plans ,
specifications , permits and Contract Documents .
1. Review for comment or approval any and all proposal requests, supplemental
drawings and information, and change orders .
in. Coordinate with Utilities regarding conflict resolution, relocation and/or
abandonment of existing facilities .
n. Conduct final inspection of the project for compliance with the Contract Documents,
prepare final "punch" list, and provide additional inspection to verify completeness
of items identified in "punch" list.
o . Prepare "record" drawings based on information provided by Utilities .
p . Perform an "as-built" survey of constructed improvements including inverts of all
storm sewer piping at structures . Surveyed information to be inserted on design
drawings for submittal as required in conjunction with final certifications to
permitting agencies . The survey shall be the minimum required for project
certification.
q. Prepare and submit final certifications to permitting agencies .
SECTION IV - TIME FOR COMPLETION
The time for completion of the 90% design drawings (preliminary drawings) , permit applications, and
Engineer's Opinion of Probable Construction Cost shall be six (6) months . Once permits are received, 100% design
drawings (final drawings) shall be completed 60 days thereafter. Construction Phase services shall begin with
bidding, and shall be completed within two (2) years, with 18 months of active construction activity.
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
The ENGINEER will bill the COUNTY monthly on a percentage complete/lump sum basis
according to the following schedule of values :
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Task Fee
1 . Preliminary Design Phase. . . . . . . . . . . . . . a sea a * Goo a be 109060sesese $679590. 00
2 . Final Design Phase. . . . . . . . " . . . . . . . . . . . . . . . seems mass me a a as I I a a a a & a am a a * * goo $62,970, 00
3. Permitting. . . . . . . . . . , , woof * @ * seems * 900 * 0 see sea seems 8 * 6 * 00990 goo & * & see goo sea o * s $159800e00
4. Construction Phase. . . . , , , , , , , , , , A * a a I moo * * mesa a a am ego $85, 640. 00
Total = $232, 000. 00
Construction Administration Services fees are based on a 2 -year construction duration beginning
with an award of contract to the successful bidder, and an active construction period of 18 months .
CAI reserves the right to receive payment for additional services should the construction
administration period differ from the above . Fees for additional construction progress meetings
(CAI in attendance only — no other sub-consultants) , (base fee includes up to 40 construction
progress meetings), are $425 per meeting . Fees for additional construction observation site visits
(by CAI only), (base fee includes up to 80 site visits) , are $300 per visit. Fees for Brad Smith
attending construction phase progress meetings or site visits (base fee includes up
to 8
meetings/visits) are $425 per meeting/visit.
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 Index. Additional
services fees shall be based on the rate schedule identified below under SECTION VIII Extra
Work.
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 as identified in this Agreement. Payment shall be made pursuant to the Florida Prompt
Payment Act, Florida Statute 218 . 70 et seq.
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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 Carter Associates , Inc, February 2003 , rate schedule :
Engineer I (Principal) $ 135 .00/hr.
Engineer II (Registered) $ 100 . 00/hr.
Engineer III $ 75 . 00/hr.
Engineer Technician $ 60 . 00/hr.
Surveyor I (Principal) $ 125 . 00/hr.
Surveyor II (Registered) $ 95 . 00/hr.
Surveyor III (Registered) $ 85 . 00/hr.
Survey Crew (4 Men) $ 115 . 00/hr.
Survey Crew (3 Men) $ 98 . 00/hr.
Survey Crew (2 Men) $ 85 . 00/hr.
GPS RTK Survey Crew (3 Men/3 Units) $ 145 . 00/hr.
GPS RTK Survey Crew (3 Men/2 Units) $ 130 . 00/hr.
GPS RTK Survey Crew (2 Men/2 Units) $ 115 .00/hr.
CADD Technician $ 53 . 00/hr.
Secretary/Word Processor $ 35 . 00/hr.
Inspector $42 . 00/hr.
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
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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
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time during the prosecution of the work included herein and for a period of one year after final payment is made .
SECTION XIV - SUBLETTING
The ENGINEER shall not sublet, assign, or transfer any work under this Agreement without the written
consent of the COUNTY . When applicable and upon receipt of such consent in writing, the ENGINEER shall cause
the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the
work to be inserted on the reports or other data .
SECTION XV - WARRANTY
The ENGINEER warrants that he has not employed or retained any company or person other than bona fide
employee working solely for the ENGINEER or subconsultant to solicit or secure this contract and that he has not
paid or agreed to pay any company or person other than a bona fide employee working solely for the ENGINEER
any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award
or making of this contract. For breach violation of this warranty, the COUNTY shall have the right to annul this
contract without liability.
SECTION XVI - DURATION OF AGREEMENT
This Agreement shall remain in full force and effect for a period of three (3 ) 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
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1 . Worker's Compensation as required by the State of Florida .
2 . General Liability $ 1 , 000,000 combined single limit per accident for bodily injury and
property damage . COUNTY shall be an additional insured.
3 . Auto Liability $ 1 ,000,000 combined single limit per accident for bodily injury and
property damage for owned and non-owned vehicles .
4 . Professional Liability Insurance providing coverage for negligent acts, errors, or
omissions committed by ENGINEER with a limit of $ 500, 000 per claim/ annual
aggregate . This insurance shall extend coverage to loss of interest, earning, profit, use
and business interruption, cost of replacement power, and other special, indirect and
consequential damages.
C. ENGINEER'S applicable insurance coverage shall be primary.
D . All above insurance policies shall be placed with insurers with a Best's rating of no less that A VII.
The insurer chosen shall also be licensed to do business in Florida.
E . The insurance policies procured, other than professional liability, shall be occurrence forms, not
claims made policies . Professional liability shall be on a claims made basis .
F . The insurance companies chosen shall provide certificates of insurance prior to signing of
contracts to the Indian River County Risk Management Department.
G . The insurance companies selected shall send written verification to the Indian River County Risk
Management Department that they will provide 30 days written notice to the Indian River County
Department of Risk Management of its intent to cancel or terminate said policies of insurance.
H. ENGINEER shall either include each subconsultant as insured under its policies or shall furnish
separate certificates and endorsements for each subconsultant. All coverages for subconsultants
shall be subject to all of the requirements stated herein.
I . Notwithstanding the provisions of s . 725 . 06, if a design professional provides professional services
to or for a public agency, the agency may require in a professional services contract with the
design professional that the design professional indemnify and hold harmless the agency, and its
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officers and employees, from liabilities, damages, losses, and costs , including, but not limited to,
reasonable attorneys ' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the design professional and other persons employed or utilized by the design
professional in the performance of the contract.
SECTION XVIII - ENTIRETY OF AGREEMENT
This writing embodies the entire AGREEMENT and understanding between the parties hereto, 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 7th day of
October , 2003 .
CARTER ASSOCIATES INDIAN RI ER COUNTY, FLORIDA
By: - V By:
K h R. Mach , airman
Board of County Commissioners
WITNESSED Approved by BCC October 7 , 2003
Byel Attest:
Jeffrey K. Barton, Clerk of Circuit Court
ILI 'A I
Deputy Clerk
� Jilliarn G . Collins, II , County Attorney Indian River County Approved Date
of ' Approved as to Form and Legal Sufficiency Administration
Budget 1 ,�
Co . Attorney 1
aures E. Chandle , Risk Management
CountyAdministrator i Department
r
r ; vision
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