HomeMy WebLinkAbout2005-076 C 0
CIVIL ENGINEERING AND LAND SURVEYING FOR INTERSECTION L O✓l �
IMPROVEMENTS AT 58th AVENUE AND STATE ROAD 60
This AGREEMENT, entered into this 22nd day of February 2005 by and
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, 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 survey and roadway improvement
plans at the 58`h Avenue/ State Road 60 intersection in unincorporated Indian River County, Florida. The
roadway improvements identified by the COUNTY consist of the following:
The COUNTY desires to expand the intersection to incorporate additional turn lanes and
through lanes . The expanded intersection will consist of an additional northbound left turn
lane, northbound and southbound through lanes, northbound and southbound dedicated right
turn lanes, additional eastbound and westbound left turn lanes and dedicated eastbound and
westbound right turn lanes . The additional northbound and southbound through lanes will
extend from College Lane to approximately 1500 feet north of State Road 60 along 58 "'
Avenue . The COUNTY desires to develop the planned improvements only to a 30% plan
level to evaluate horizontal geometric alternatives as it relates to right-of-way impacts and
acquisition.
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 abstracts of title for each parcel
necessary for construction.
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 shall 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.
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 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
(Green Book), latest edition. Design of SR 60 shall comply with the design
requirements of the FDOT Plans Preparation Manual .
d. The ENGINEER will cooperate with the COUNTY in order that all preliminary
phases of the work may be properly scheduled and coordinated.
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 preliminary 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 .
2
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 . 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 necessary 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
intent of the Florida Minimum Technical Standards set forth by the Florida Board of
Professional Land Surveyors in Chapter 61G17-6 , Florida Administrative Code, pursuant
to Section 472 . 027 , Florida Statutes.
1 . Establish a project wide Horizontal Control Network for each project location
within the DESIGN LIMITS .
2 . Establishment of a project wide Vertical Control Network for each project
location within the DESIGN LIMITS . All elevations will be referenced to NGVD
1929 datum.
3 . Field establishment and monumentation of survey baselines to control future
construction. The DESIGN LIMITS for each project location are as follows :
The DESIGN LIMITS shall begin at a point on 58 h Avenue that is 200 ' south of
College Lane and continue north along 58`'' Avenue to a point 1500 feet north of
State Road 60 . College Lane will be surveyed from 58 "' Avenue to a point 200 '
west of 58th Avenue, State Road 60 will be surveyed 1500 ' east and 1500 ' west of
58 'hAvenue . The survey will incorporate portions of a 1994 planimetric survey to
aid in delineating topographic features that lie outside the existing right-of-way.
The survey will include the location of above ground improvements and trees 6 "
diameter and greater at breast height, lying within the right of way of 581' Avenue,
State Road 60 and College Lane. Surface evidence of underground utilities will be
located. Cross-section elevations will be obtained at 100 ' intervals and extend
across the right of way and a minimum of 50 ' outside the right of way. In
addition to topographic features lying within 50 ' of the existing right-of--way,
existing building corners that are within 100 ' of the existing right-of-way will be
documented. Drainage structures will be located and rim/invert elevations
obtained. If a structure is inaccessible or the drainage pipes are recessed, an
elevation on the bottom of the structure will determine. The parcels lying adjacent
to the survey limits will be plotted on the digital base map by utilizing the Indian
River County Property Appraiser ' s maps only and their location will not be
verified by independent survey.
3
4 . Improvements within the DESIGN LIMITS will include above ground visible
improvements such as existing pavement location, curbing, utilities (above ground
locations only) , drainage facilities (where accessible), sidewalks, fences, signage
and guardrails within the right-of-way.
5 . Final output will be in the form of a digital AutoCAD , release 2001i DWG file .
All surveying will conform to the minimum technical standards set forth by the
Florida Board of Professional Land Surveyors in Chapter 61G17-6 , Florida
Administrative Code, pursuant to Section 472 . 027 , Florida Statutes .
6 . Research and analysis of existing right of way information (to include Abstracts or
Title Searches as provided by COUNTY) field location of existing right of way
monumentation and determination of the location and extent of existing right of
way in the vicinity of the project location. Provide right-of-way maps, parcel
sketches, legal descriptions and appraisals as directed by COUNTY.
7 . 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 .
C . 30% 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 50' 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 . The Design Speeds utilized for the various roadway segments are the following :
State Road 60 - 50 mph 58`h Avenue - 45 mph
3 . Scale :
The roadway plan and profile sheets will be drawn at a scale of V = 40' for each
project location.
4 . 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
5 . Urban roadway sections will be utilized for roadway improvements on 58"'
Avenue and State Road 60 .
6 . The Roadway plans will be submitted to the COUNTY for review at the 30% ,
stage of design.
D . Draina eg Plans
1 . Drainage Parameters :
Preliminary drainage investigations and analysis necessary to prepare a design
which will drain the project in accordance with the COUNTY, SJRWMD ,
IRFWCD and Florida Department of Transportation design criteria.
2 . Environmental Permits :
The ENGINEER shall attend a pre-application meeting with St. Johns River
Water Management District to determine parameters by which the District will
entertain a permit application.
3 . Utilities :
Utility coordination with the various Utility Companies and/or agencies shall be
by the ENGINEER. 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 . Pavement Markin Pg lans
The ENGINEER shall prepare the preliminary pavement marking plan layout. 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.
F . Landscaping
Landscaping improvements shall be submitted to the COUNTY under a supplemental
Work Order, if so requested, after completion of 30% design plans .
G. 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 a
construction duration has been determined.
SECTION IV - TIME FOR COMPLETION
The time for completion of the 30% design drawings and Engineer's Opinion of Probable
Construction Cost for the project shall be four (4) months from notice to proceed.
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 :
5
A. Professional Services Fee
1 . The basic compensation mutually agreed upon by the ENGINEER and the
COUNTY follows :
Task Description Fee
LumpSum Tasks'
30% Roadway Design $ 35 , 100
30% Stormwater Design and Permitting $6 ,200
Hourly Not-to-Exceed Tasks
Design Survey $25 ,265
Right-of-Way Maps, Parcel Sketches, $ 50 ,000
Legal Descriptions and Appraisals
Existing Utility Location Survey $ 15 ,000
' 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 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 :
6
Project Manager $ 135
Project Engineer (P . E. ) $ 120
Analyst $ 100
Registered Land Surveyor $ 120
Environmental Professional $ 100
Engineering Technician — $ 85
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
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 .
7
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.
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 .
8
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
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. 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
9
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 wrongfull conduct of the design professional and
other persons employed or utilized by the design professional in the performance of the
contract.
10
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 22nd day of
February , 2005 .
KIMLEY-HORN AND ASSOCIATES , INC . INDIAN RIVER COUNTY, FLORIDA
6012 1 ST STREET #400
VERO BEACH, FLORIDA 32960
By: 7/01 1�' \ By: 5,
Brooks Peed Thomas S . Lowther, Chairman
Executive Vice President Board of County Commissioners
WITNESSED BY: Approved by BCC February 22 , 2005
*POW
yCrt4
i :-" •,i X
Attest : ti a , ���
Jeffrey n, Clerk o (Qrc3xit Court
y : y � - n
�_ •
JL
Y. ve
County Attorney F , ��,�Q ,
Approved as to Form and Legal Sufficiency
Indian River County Approved Date
• Administration
seph A. Aaird, Budget
unty Administrator
Legal
E
ana ementWorks , /Projects 117/