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HomeMy WebLinkAbout2010-057D }Zoqr INDIAN RIVER COUNTY & f-S�0p � PUBLIC WORKS DEPARTMENT PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT 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 UNIVERSAL ENGINEERING SCIENCES , 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 . 1 C :\Documents and Settings\gmcguire\Local Settings\Temporary Internet Files\01,K83\2010021 RFQ AGREEMENT-Universal Engineering Sciences Inc . doe 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 . 2 C:\Documents and Settings\gmcguire\Local Settings\Temporary Internet Files\OLK83\2010021 RFQ AGREEMENT-Universal Engineering Sciences Inc . doc 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 , 3 C :\Documents and Settings\gmcguire\Local Settings\Temporary Internet Filcs\OLK83 \2010021 RFQ AGREEMEN"r-Universal Engineering Sciences Inc . doc 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 4 C:\Documents and Settings\grncguire\ Local Settings\Temporary Internet Files\OLK83 \2010021 RFQ AGREEMENT-Universal Engineering Sciences Inc Am 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 XI I — " 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 . 1 . 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 s C:\Documents and Settings\gmeguire\Local Settings\Temporary Internet Files\OLK83\2010021 RFQ AGREEMENT-Universal Engineering Sciences Inc Attic 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-VII . 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 . 6 C: \Documents and Settings\gmcguire\Local SettingsUernporary Internet Files\01,K83\2010021 RFQ AGREEMENT-Universal Engineering Sciences Inc Aoc 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 . CADocuments and Settings\gmcguire\Local Settings\Temporary Internet Files\OLK83 \2010021 RFQ AGREEMENT-Universal Engineering Sciences Inc .doc IN WITNESS WHEREOF the parties hereto have executed these presents this 2nd day of March , 2010 . UNIVERSAL ENGINEERING INDIAN RIVER COUNTY, ,F," LORIDA SCIENCES , INC . BOARD OF COUNTY3Com,m,,SSI.QNFRS 0016 BY BY : �; ° a � A Peter D . O ' Bryari�., CFairrnan >w' Title : ASI i Board of County,G4mcnissi6ners' Approved by the BCC : , , Ma.rch 2 , 2010 WITNESS : ATTEST : . �6` JeffrCER Barton BY : Clerk of the Court NEI NAME : � a„ �>! BY : DEPUTY CLERK COURT Qqnjrz� iZ- ) h �j JP SEPH A . BAIRD VIUNTY ADMINISTRATOR 1pllb( 92 2 WILLIAM G . COLLINS , II COUNTY ATTORNEY s C : \Documents and Settings\gmcguire\Local SettingsVFemporary Internet Files\01,K83\2010021 RFQ AGREEMENT- Universal Engineering Sciences Inc . doc UNIVERSAL ENGINEERING SCIENCES , INC . Threshold / Private Provider Inspection and Plan Review Construction Materials Testing • Geophysical Services Environmental Sciences • Geotechnical Engineering 803 South Kings Highway, Fort Pierce , Florida 34945 Telephone : ( 772 ) 461 -9815 • Facsimile : ( 772 ) 461 -9816 Fee Schedule Indian Diver County Public Works Department Professional Geotechnical Services Agreement For Annual Professional Geotechnical Engineering Services Universal Engineering Sciences , Inc . Fort Pierce and Rockledge, Florida February 16 , 2010 to February 15 , 2011 Professional & Technical Services Principal Engineer/ Scientist $ 120 . 00 per hour Registered Senior Engineer/ Scientist $ 95 . 00 per hour Senior Project Engineer/ Scientist $ 80 . 00 per hour Project Engineer/Scientist $ 75 . 00 per hour Staff Engineer/ Scientist $ 60 . 00 per hour Field Service Manager $ 60 . 00 per hour Environmental Technician $ 50 . 00 per hour Senior Engineering Technician $ 45 . 00 per hour Engineering Technician $ 35 . 00 per hour Draftsman/CAD $ 55 . 00 per hour Draftsman $ 35 . 00 per hour Technical Secretary $ 35 . 00 per hour Certified Weld Inspector $ 60 . 00 per hour Drilling Services Mobilization/Demobilization (lump sum) $ 250 . 00 Standard Penetration Test Boring (per foot 0- 50) $ 11 . 50 Standard Penetration Test Boring (per foot 50- 100) $ 12 . 50 Standard Penetration Test Boring (per foot 100+) $ 14 . 00 Piezometer (each) $ 25 . 00 requires auger boring or SPT boring Auger Boring (per foot) $ 9 . 00 Permanent well (per foot) $ 50 . 00 Hand Clearing (per hour) $ 100 . 00 Thin Walled Tube Sampling (each) $ 100 . 00 South Florida Percolation Test $ 300 . 00 Double Ring Infiltrometer $ 400 . 00 Asphalt Testing Services Extraction/Gradation Test * $ 160 . 00 Marshall , Stability and Flow * $ 90 . 00 In Place Density Test $ 24 . 00 Asphalt Cores (6 " d or 4 " d) (per inch) $ 15 . 00 Asphalt Core density and thickness (each) $ 20 . 00 CTQP Level II Asphalt Plant Inspector (hour) $ 60 . 00 Asphalt Field Inspector (hour) $ 45 . 00 Sample pickup (if no other work is performed on site) $ 38 . 00 (hour) Concrete Testing Services Concrete Compression Test ( set of 3 or 4) $ 80 . 00 includes 1 hour max on site time per set, travel , slump , and temperature test ( sample pickup not included if special trip is necessary) Concrete Technician (hour) $ 38 . 00 for standby time, additional testing or monitoring in excess of Ihour on site Concrete coring (per inch) $ 20 . 00 Concrete cylinder compression test (each) $ 12 . 00 In excess of 4 cylinders per set Concrete core compression test (each) $ 18 . 00 Floor Flatness Test with F-Meter (each) $ 400 . 00 Coarse Aggregate Sieve test (each) * $ 55 . 00 Fine Aggregate Sieve test (each) * $ 45 . 00 Specific Gravity and Absorption test (each ) * $ 50 . 00 Sample pickup (if no other work is performed on site) $ 38 . 00 (hour) CTQP Level I Concrete Inspector (hour) $ 45 . 00 CTQP Level II Concrete Inspector (hour) $ 65 . 00 Senior Technician (hour) $45 . 00 For Reinforcing steel inspection Slab Moisture Emission Test Kit (each) * $ 25 . 00 2 Soil Testing Services Standard or Modified Proctor Test (each) * $ 80 . 00 Limerock Bearing Ratio (LBR) Test (each) * $ 240 . 00 Atterberg Limits (each) * $ 45 . 00 Wash 200 Sieve analysis (each) * $ 30 . 00 Full Soil Sieve with Wash (each) * $ 50 . 00 Florida Bearing Ratio (FBV) (each) * $ 60 . 00 Carbonates test (each) * $ 80 . 00 Organic Content test (each) * $ 30 . 00 pH test (each) * $ 30 . 00 Triaxial Permeability Test (each) * $ 400 . 00 Falling/Constant Head Permeability Test (each) * $ 180 . 00 LA Abrasion Test (each) * $ 250 . 00 CTQP Earthwork I/II Inspector (hour) $ 45 . 00 Senior Engineering Technician (hour) $ 45 . 00 Sample pickup (if no other work is performed on site) $ 38 . 00 (hour) In-Place Density test (each) $ 24 . 00 All inclusive, minimum of 4 per trip , maximum of 1 hour on site per 4 tests * Note that all laboratory testing services do not include pickup charge . A separate pickup charge is required at the applicable rate if the sole reason for the site visit is to pickup samples for testing . Miscellaneous Services Subcontractor Services Cost plus 10 % G . Sean McGuire, P . E . Date Universal Engineering Sciences , Inc . Branch Manager 3