HomeMy WebLinkAbout2010-057C INDIAN RIVER COUNTY
PUBLIC WORKS DEPARTMENT
PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT 4O/10 4 7C''
FOR ANNUAL PROFESSIONAL GEOTECHNICAL ENGINEERING
SERVICES
THIS AGREEMENT , entered into this 2nd day of March 2010 by and
between INDIAN RIVER COUNTY , a political subdivision of the State of Florida ,
hereinafter referred to as the " COUNTY " , and K . S . M . ENGINEERING & TESTING , INC .
hereinafter referred to as the " GEOTECHNICAL PROFESSIONAL . "
WITNESSETH
That the COUNTY and the GEOTECHNICAL PROFESSIONAL , in consideration
of their mutual covenants , herein agree with respect to the performance of professional
geotechnical and testing services by the GEOTECHNICAL PROFESSIONAL , and the
payment for those services by the COUNTY , as set forth below and in individual Work
Orders . This agreement shall be referred to as the " MASTER AGREEMENT" under
which future Work Orders will apply .
The GEOTECHNICAL PROFESSIONAL shall provide the COUNTY with
professional geotechnical and testing services and such other related services as
defined in specific Work Orders , in all phases of each project . The GEOTECHNICAL
PROFESSIONAL shall serve as the COUNTY' s professional representative for the
project as set forth in each Work Order, and shall give professional geotechnical advice
to the COUNTY during the performance of the services to be rendered .
SECTION I — PROJECT LIMITS
Project limits shall be identified in individual Work Orders prepared by the
COUNTY and approved by the GEOTECHNICAL PROFESSIONAL . Each Work Order
will be sequentially numbered and formally approved by the COUNTY prior to a Notice-
to- Proceed being issued . Purchase Orders may be issued by the COUNTY and
approved through the MUNIS system for proposed services that total less than
$ 15 , 000 . 00 . For proposed services $ 15 , 000 . 00 and over , Work Orders shall be issued
and approved by the Indian River County Board of County Commissioners .
Basic services required of the GEOTECHNICAL PROFESSIONAL for the project
will be described in other appropriate sections of this Agreement and in individual Work
Orders .
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 :
A . Provide the GEOTECHNICAL PROFESSIONAL with a copy of any
pertinent preliminary data or reports available to the COUNTY .
B . Provide the GEOTECHNICAL PROFESSIONAL with all reasonably
available drawings , surveys , right-of-way maps , and other documents in
the possession of the COUNTY that are pertinent to the project .
C . The COUNTY shall be responsible for obtaining only those permits
required to perform the work to complete the project , if such permit
requirements are made into law and established by regulatory agencies
after the effective date of the Work Order .
D . The COUNTY shall make all provisions for the GEOTECHNICAL
PROFESSIONAL to enter upon public or private property as reasonably
required for the GEOTECHNICAL PROFESSIONAL to perform his
services .
E . The COUNTY shall supply the GEOTECHNICAL PROFESSIONAL with
copies of all applicable local codes and regulations .
SECTION III — SCOPE OF SERVICES
The GEOTECHNICAL PROFESSIONAL agrees to perform all necessary
professional geotechnical and testing services and other pertinent services in
connection with the assigned project as required and as set forth in the following :
A . General
1 . The GEOTECHNICAL PROFESSIONAL will endeavor not to
duplicate any previous work done on any project . Before issuance
of a Work Order and written authorization to proceed , the
GEOTECHNICAL PROFESSIONAL shall consult with the COUNTY
to clarify and define the COUNTY ' s requirements for the project
and review all available data .
2 . The GEOTECHNICAL PROFESSIONAL shall attend conferences
with the COUNTY and its representatives , upon request.
3 . In order to accomplish the work described under this Agreement
under the time frames and conditions set forth in this Agreement ,
the GEOTECHNICAL PROFESSIONAL shall :
a . Complete work on the project within the time allowed by
maintaining .an adequate staff of registered professional
geotechnical engineers and technicians and other
employees on the work at all times .
b . Comply with all federal , state , and local laws applicable to
this project(s) . The GEOTECHNICAL PROFESSIONAL
work product shall conform with all applicable federal , state
and local laws applicable to this project (s ) .
C . The GEOTECHNICAL PROFESSIONAL shall cooperate
fully with the COUNTY in order that all phases of the work
may be properly scheduled and coordinated .
4 . All original documents ( copy of) , survey notes , tracings , and the
like , including all items furnished to the GEOTECHNICAL
PROFESSIONAL by the COUNTY pursuant to this Agreement , are
and shall remain the property of the COUNTY , and shall be
delivered to the COUNTY upon completion of the work .
5 . Compensation to the GEOTECHNICAL PROFESSIONAL for basic
services shall be in accordance with each Work Order, as mutually
agreed upon by the GEOTECHNICAL PROFESSIONAL and the
COUNTY . Current fee schedule is included in " Exhibit A " attached ,
and will be included as part of each Work Order when approved .
SECTION IV — TIME FOR COMPLETION
The time for completion of each project shall be defined in the Work Order .
SECTION V — COMPENSATION
The COUNTY agrees to pay , and the GEOTECHNICAL PROFESSIONAL
agrees to accept , for services rendered pursuant to this Agreement , fees in accordance
with the following :
A . Professional Services Fee - The basic compensation shall be mutually
agreed upon by the GEOTECHNICAL PROFESSIONAL and the COUNTY
prior to issuance of each Work Order , and the amount shall be included in
the Work Order to be formally approved by the Board of County
Commissioners .
B . Direct Payment for Certain Services - The COUNTY will not pay for
services or goods provided by others working in conjunction with the
GEOTECHNICAL PROFESSIONAL ,
SECTION VI — ADDITIONAL SERVICE WORK
Additional service work occurs when the COUNTY requests changes after it has
formally approved this Agreement . Additional service work shall not commence until a
Work Order for the additional work has been formally issued by the County Engineer or
his designee , and formally approved by the Board of County Commissioners , or the
County Administrator and the additional service work shall be performed in accordance
with the fee schedule set forth in that Work Order,
SECTION VII — CHANGE IN THE PROJECT SCOPE AFTER A WORK ORDER HAS
BEEN EXECUTED
If the project scope is changed after a Work Order has been executed , such work
shall be the subject of a Supplemental Work Order formally approved by the Board of
County Commissioners or the County Administrator pursuant to his delegated authority .
SECTION VIII — PAYMENTS
The COUNTY shall make progress payments to the GEOTECHNICAL
PROFESSIONAL on the basis of the approved partial payment request as
recommended by COUNTY in accordance with the provisions of the Local Government
Prompt Payment Act , Florida Statutes section 218 . 70 et . seq .
Unless otherwise stated in the Work Order, the GEOTECHNICAL
PROFESSIONAL shall submit duly certified invoices in duplicate to the County
Engineer .
The Agreement shall be divided into units of deliverables , which shall include , but
not be limited to , reports , findings , recommendations , and test results , that must be
received and accepted in writing by the County Engineer , prior to payment .
SECTION IX — RIGHT OF DECISIONS
All services shall be performed by the GEOTECHNICAL PROFESSIONAL to the
satisfaction of the County Engineer who shall decide all questions , difficulties , and
disputes of whatever nature that may arise under or by reason of this Agreement ,
according to the prosecution and fulfillment of the service hereunder , and the character,
quality , amount and value thereof. The COUNTY ' 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 County Engineer . If the GEOTECHNICAL .
PROFESSIONAL does not concur in the judgment of the County Engineer as to any
decisions made by him or her, it shall present its written objections to the County
Administrator of Indian River County , who shall make a decision , and the
GEOTECHNICAL PROFESSIONAL shall abide by the County Administrator's decision ,
unless the decision is clearly arbitrary or unreasonable .
SECTION X — OWNERSHIP AND REUSE OF DOCUMENTS
A . Ownership and Copyright • Ownership and copyright of all reports , test
results , and other data developed by the GEOTECHNICAL
PROFESSIONAL pursuant to this Agreement , shall be vested in the
COUNTY . Said materials shall be made available to the COUNTY by the
GEOTECHNICAL PROFESSIONAL at any time upon request of the
COUNTY . On or before the tenth day after all work contemplated under
this Agreement is complete , all of the above materials shall be delivered to
the County Engineer.
B . Reuse of Documents All documents , including but not limited to reports
and tests , prepared or performed by the GEOTECHNICAL
PROFESSIONAL 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 . The COUNTY ' s reuse of any document shall be
at the COUNTY' s own risk . The COUNTY shall not hold the
GEOTECHNICAL PROFESSIONAL liable for any misuse by others .
SECTION XI — NOTICES
Any notices , reports or other written communications from the GEOTECHNICAL
PROFESSIONAL to the COUNTY shall be considered delivered when posted by
certified mail or delivered in person to the County Engineer. Any notices , reports or
other communications from the COUNTY to the GEOTECHNICAL PROFESSIONAL ,
shall be considered delivered when posted by certified mail to the GEOTECHNICAL
PROFESSIONAL at the last address left on file with the COUNTY or delivered in -person
to said GEOTECHNICAL PROFESSIONAL or its authorized representative .
SECTION XII — TERMINATION
Either party may terminate this Agreement upon seven (7) days written notice to
the other party , except if the GEOTECHNICAL PROFESSIONAL terminates this
Agreement , such termination shall not be effective , absent the COUNTY' s consent , until
the GEOTECHNICAL PROFESSIONAL ' S completion to the COUNTY' s satisfaction , of
any pending Work Order .
SECTION XIII — GEOTECHNICAL PROFESSIONAL ' S PERSONNEL ASSIGNED TO
THE PROJECT
The COUNTY shall have the right of approval of all GEOTECHNICAL
PROFESSIONAL ' s personnel assigned to any COUNTY project . Therefore , any
subsequent changing of assigned personnel to any COUNTY project shall also be
subject to COUNTY approval . Failure to adhere to this policy shall be considered a
cause for contract termination .
SECTION XIV — AUDIT RIGHTS
The COUNTY reserves the right to audit the records of the GEOTECHNICAL
PROFESSIONAL related to this Agreement at any time during the prosecution of the
work included herein and for a period of three years after final payment is made .
SECTION XV — SUBLETTING
The GEOTECHNICAL PROFESSIONAL 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 GEOTECHNICAL
PROFESSIONAL shall cause the names of the engineering and geotechnical firms
responsible for the major portions of each separate specialty of the work to be inserted
on the reports or other data .
SECTION XVI — WARRANTY
The GEOTECHNICAL PROFESSIONAL warrants that it has not employed or
retained any company or person other than a bona fide employee working solely for the
GEOTECHNICAL PROFESSIONAL , to solicit or secure this Agreement , and that it has
not paid or agreed to pay any company or person other than a bona fide employee
working solely for the GEOTECHNICAL PROFESSIONAL any fee , commission ,
percentage fee , gifts or any other considerations , contingent upon or resulting from the
award or making of this Agreement. For the GEOTECHNICAL PROFESSIONAL
breach of violation of this warranty , the COUNTY shall have the right to annul this
Agreement without liability .
SECTION XVII — DURATION OF AGREEMENT
This Agreement shall remain in full force and effect for a period of one year after
the date of execution thereof, or until completion of all project phases as defined by the
County Engineer , whichever occurs first , or unless otherwise terminated by mutual
consent of the parties hereto , or terminated pursuant to Section XII — " Termination . "
This Agreement may be extended for three additional one year increments at the
discretion of the COUNTY .
SECTION XVIII — INSURANCE
During the performance of the work covered by this Agreement , the
GEOTECHNICAL PROFESSIONAL shall provide the COUNTY with evidence that the
GEOTECHNICAL PROFESSIONAL has obtained and maintains the insurance listed in
the Agreement .
. GEOTECHNICAL PROFESSIONAL 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 GEOTECHNICAL
PROFESSIONAL , its agents , representatives , employees or
subcontractors . The cost of such insurance shall be included in the
GEOTECHNICAL PROFESSIONAL ' s fees .
2 . Minimum Scope of Insurance (for fees less than $ 500 , 000 ) :
A . Worker' s Compensation as required by the State of
Florida . Employers Liability of $ 100 , 000 each accident ,
$ 500 , 000 disease policy limit , and $ 100 , 000 disease each
employee .
B . General Liability $ 1 , 000 , 000 combined single limit per
accident for bodily injury and property damage . Coverage
shall include premises/operations , products/completed
operations , contractual liability , and independent
contractors . COUNTY shall be named an "Additional
Insured " on the certificate of insurance .
C . Auto Liability $ 500 , 000 combined single limit per accident
for bodily injury and property damage . Coverage shall
include owned vehicles , hired vehicles , and non - owned
vehicles . COUNTY shall be named an "Additional Insured "
on the certificate of insurance .
D . Professional Liability Insurance providing coverage for
negligent acts , errors , or omissions committed by
GEOTECHNICAL PROFESSIONAL with a $ 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 .
3 . GEOTECHNICAL PROFESSIONAL ' s insurance coverage shall be
primary .
4 . All above insurance policies shall be placed with insurers with a Best ' s
rating of no less that A-VI I . The insurer chosen shall also be licensed to
do business in Florida .
5 . 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 .
6 . The insurance companies chosen shall provide certificates of insurance
prior to signing of contracts , to the Indian River County Risk Management
Department .
7 . Each insurance company shall provide the Indian River County Risk
Management Department with a certificate of insurance that states that
the insurance company will provide 30 days notice to the Risk
Management Department , of its intent to modify or cancel said policies of
insurance . Such notice shall be '-in writing by registered mail , return receipt
requested , and addressed to the Risk Manager of the Risk Management
Department .
8 . The GEOTECHNICAL PROFESSIONAL shall include all sub -contractors
as insured under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for subcontractors
shall be subject to all of the requirements stated herein .
9 . Any deductibles or self- insured retentions greater than $ 5 , 000 must be
approved by the Risk Manager for Indian River County with the ultimate
responsibility for same going to the GEOTECHNICAL PROFESSIONAL ,
SECTION XIX - INDEMNIFICATION
GEOTECHNICAL PROFESSIONAL hereby agrees to indemnify , and hold
harmless , the COUNTY , and the COUNTY ' s officers , employees and agents , from and
against any and all claims from liabilities , damages , Losses , costs , third party claims ,
judgments , and expense to persons or property , including reasonable attorneys ' fees , to
the extent caused by the negligence , recklessness , or intentionally wrongful conduct of
GEOTECHNICAL PROFESSIONAL , or of GEOTECHNICAL PROFESSIONAL ' s
officers , employees , or agents , and GEOTECHNICAL PROFESSIONAL shall indemnify
the COUNTY against any such claims and any judgments that may be entered in
connection therewith , including reasonable attorneys ' fees .
SECTION XX — SAFETY
The GEOTECHNICAL PROFESSIONAL is solely responsible for any job site
safety . However , in accordance with generally accepted practices , the
GEOTECHNICAL PROFESSIONAL may report any observed job site safety violations
by others to the COUNTY .
SECTION XXI — CHOICE OF LAW AND VENUE
This Agreement shall be governed by the laws of the State of Florida . Venue for any
lawsuit brought by either party against the other party or otherwise arising out of this
Contract shall be in Indian River County , Florida , or in the event of a federal jurisdiction , in
the United States District Court for the Southern District of Florida .
SECTION XXII — 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 .
SECTION XXIII - SEVERABILITY
If any provision , section , or paragraph of this agreement is determined by a court
of competent jurisdiction to be void , illegal , or unenforceable , the remaining portions not
found to be void , illegal , or unenforceable , shall remain in full force and effect .
IN WITNESS WHEREOF the parties hereto have executed these presents this
2nd day of March 2010 .
K . S . M . ENGINEERING & INDIAN RIVER COUNTY , FLORIDA
TESTINGJN.0 BOARD OF COUNTY COMMISSIONERS
Gi
BY .
Peter D . O ' Bryan , Chairrna1'
�fqZ%j &Ax Board of County G`
-omir'nissionr\ rs 4 � ,
Lit
Approved by the B =.G:. , March 2 , 201.0t: �
WITNESS : _ ?�-�.��` ,
ATTEST :
i —�, Jeffrey K . Barton
BY ' J'l�Gz.c�(i�C / Clerk of the Court
NAME t. �� QV! �� BY :
DEPUTY CLERK OF URT
&' , y
J EPH A . BAIRD
UNTY ADMINIST R
WILLIAM G . COLLINS , II
COUNTY ATTORNEY
ASM
KELLER , SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING , INC .
MARTIN (772) 337- 7755 I? Q , BOX 78 - 1377 , SEBASTIAN , FL 32978 - 1377 SEBASTIAN (772) 589 -0712
PALM BEACH (561 ) 845-7445 www. ksmengineering . net MELBOURNE (321 ) 768-8488
FAX (561 ) 845 - 8876 E- Mail : KSM@KSMENGINEERING . NET ST. LUCIE (772) 229-9093
C .A. : 5693 FAX (772) 589 - 6469
FEE SCHEDULE
Indian River County
Professional Geotechnical Services
02 / 16 / 2010 - 02 / 15 / 2011
CONCRETE TESTING
Concrete Test Cylinders ( 4 cylinders / Set ) Includes :
Slump , Pick Up and Laboratory Wo .rk . . . . . . . . . . . . . . . . $ 85 . 00 / Set
Technician Time Due to Construction Delays
In Excess of 1 . 0 Hour Standby ( Per Set ) . . . . . . . . . . . . . . 40 . 00 hr .
Continuous Monitoring of Concrete Placement
( Inspections / Slumps ) If Requested 40 . 00 hr .
Air Content 15 . 00 ea .
Unit Weight of Concrete 12 . 00 ea .
Field Core ( minimum of 4 ) . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 50 . 00 ea .
Swiss Hammer Test ( Minimum of 3 per trip ) . . . . . . . . . . . . . . 35 . 00 ea .
Mortar Cubes ( Set of 4 ) 85 . 00 / set
SOIL TESTING
Standard or Modified Proctor $ 75 . 00 ea .
Field Density Test ( Minimum of 3 per visit ) . . . . . . . . . . . . 20 . 00 ea .
Florida Bearing Value ( FBV ) ( Minimum of 3 samples ) . . . . . 25 . 00 ea .
Limerock Bearing Ratio 250 . 00 ea .
Carbonate Test . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . 50 . 00 ea .
Sieve Analysis ( Includes # 200 Sieve Washed ) . . . . . . . . . . . . 100 . 00 ea .
# 200 Sieve ( Washed ) 50 . 00 ea .
Pick - Up Sample ( No Charge with Additional Site Testing ) 40 . 00 hr .
D . E . P . Requirements for Beach Sand . . . . . . . . . . . . . . . . . . .
. . 300 . 00 ea .
SFWMD Percolation Test ( Including 14 ' Boring ) . . . . . . . . . .. 300 . 00 ea .
Shelby Tube ( Sandy Soils ) 100 . 00 ea .
ASPHALT TESTING
2 " Cores For Thickness Determination $ 30 . 00 ea .
Extraction & Gradation . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 125 . 00 ea .
Marshall Limits . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . 125 . 00 ea .
Pick - Up Sample ( No Charge with Additional Site Testing ) . 40 . 00 hr .
Field Density Test ( Minimum of 3 per visit ) . . . . . . . . . . . . 20 . 00 ea .
STANDARD PENETRATION TESTING
Soil Borings 0 ' - 20 ' . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . $ 10 . 00 / ft .
Soil Borings 20 ' - 40 ' . . . . . . . . . . . . . . . . . . . . .
. . . 12 . 50 / ft .
Soil Profiles - Hand Augers 8 . 00 / ft ,
Static Cone Penetrometer Readings 10 . 00 ea .
Mobilization / Demobilization for SPT or Soil Profiles 125 . 00 ea .
1
Ronald G . Keller, P. E . : 37293 / SI Lic . No. : 860 / Julie E. Keller, P. E . : 68366
v7sm
KELLER , SCHLEICHER & MaCWILLIAM ENGINEERING AND TESTING , INC .
MARTIN (772) 337 -7755 PQ , BOX 78 - 1377 , SEBASTIAN , FL 32978-1377 SEBASTIAN (772) 589-0712
PALM BEACH (561 ) 845 -7445 www. ksmengineering . net MELBOURNE (321 ) 768-8488
FAX (561 ) 845 -8876 E- Mail : KSM@KSMENGINEERING . NET ST. LUCIE (772) 229-9093
C .A . : 5693 FAX (772) 589 -6469
FEE SCHEDULE
Indian River County
Professional Geotechnical Services
02 / 16 / 2010 - 02 / 15 / 2011
ENGINEERING SERVICES
Project Engineer . . . $ 125 . 00 / hr .
Staff Engineer 85 . 00 / hr .
Technician Inspection Services :
Regular Time . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 45 . 00 / hr
Overtime ( 5 : 00 pm - 7 : 00am ) 55 . 00 / hr .
Overtime ( weekends ) 65 . 00 / hr .
Monitoring of Pile Installation :
Regular Time . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 55 . 00 / hr .
Overtime ( 5 : 00pm - 7 : 00am ) 65 . 00 / hr .
Steel Inspection ( Visual Welding Inspection and Bolt Torque Testing ) :
Regular Time . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 55 . 00 / hr .
Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 1 . 1 . . . . . 65 . 00 / hr .
Clerical_ Services - Word Processing , , , ' ' , . . . . . . . . . . 40 . 00 / hr .
Threshold InspL ion Services 80 . 00 / hr .
By :
Ju eller , P . E .
Titl resident _
Date : ?411 1 �
2
Ronald G . Keller, P. E . : 37293 / SI Lic . No . : 860 / Julie E . Keller, P. E . : 68366