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HomeMy WebLinkAbout2017-114WORK ORDER NUMBER AA -1 MATERIAL TESTING AND CONSTRUCTION MONITORING SERVICES FOR OSPREY ACRES FLOWAY AND NATURE PRESERVE This Work Order Number AA -1 is entered into as of this 15th day of i„gt,st , 2017, pursuant to that certain Continuing Contract Agreement for Professional Services renewed on September 23, 2016 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Anderson Andre Consulting Engineers, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth in Part 1 of this Work Order. The CONSULTANT will perform the professional services for the fee schedule set forth in Part 2 of this Work Order. The CONSULTANT will perform the professional services within the timeframe set forth in Part 3 of this Work Order, all in accordance with the terms and provisions set forth in the Agreement. Nothing contained in this Work Order shall conflict with the terms of the Agreement and the terms of the Agreement are incorporated in this Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT ANDERS®N ANDRE CONSULTING ENGINEERS, INC. By: Peter G. Andersen, P.E. Title: Principal / Vice President BOARD OF COUNTY COMMISSIONE13 4 c`o;iM,'•;• OF INDIAN RIVER COUNTY/ .•'o`? • ��, • By eph . Flesher, Chairman A est: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk App Jason . Br wn, County Administrator Appro e as to form and II gal, Sufficiency: (1)-Y illiam K. Debraal, Deputy County Attorney 1 f:\public works\keithm\stormwater projects\osprey acres\work orders\anderson andre\work order as-1.doc WORK ORDER NUMBER AA -1 MATERIAL TESTING AND CONSTRUCTION MONITORING SERVICES FOR OSPREY ACRES FLOWAY AND NATURE PRESERVE PART 1 - SCOPE OF WORK The COUNTY has requested that the CONSULTANT provide construction material testing and monitoring services for the COUNTY's Osprey Acres Floway and Nature Preserve (hereinafter "Osprey Acres"). The Work is more particularly described in Exhibit A, included herein. PART 2 - COMPENSATION AND PARTIAL PAYMENTS 1. Compensation The COUNTY agrees to pay and the CONSULTANT agrees to accept, a not -to -exceed fee of $86,505.00 for services rendered according to Part 1 of this Work Order and as summarized in Exhibit A. Additional services shall be at the hourly rates as set forth in the Agreement. 2. Partial Payments The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work pertaining directly to this project performed during the previous calendar month. The CONSULTANT shall submit invoices monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. The CONSULTANT shall submit duly certified invoices in duplicate to the Director of the Public Works Department. For lump sum line items, the amount submitted shall be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the CONSULTANT, to the total due for this phase of the work. For time and material line items, the amount submitted shall be based on the actual hours worked and expenses incurred for the billing period. The amount of the partial payment due the CONSULTANT for the work performed to date under these phases shall be an amount calculated in accordance with the previous paragraph and less previous payments. Per F.S. 218.74(2), the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the CONSULTANT's invoice. PART 3 - TIME FOR COMPLETION The estimated completion time is ten months. **END OF WORK ORDER** Page 2 of 2 F \Public Works\KeithM\Stormwater Projects\Osprey Acres\Work Orders\Anderson Andre\Work Order AA-1.doc AACE EXHIBITA WORK ORDER NUMBER AA -1 ft+ .>N.awH-sa: x"aPORw.. (a'Otedin€f:at Indian River County BOCC Public Works - Stormwater Division 1801 27th Street Vero Beach, FL 32960 Attention: Mr. Keith McCully, P.E. PROPOSAL FOR CONSTRUCTION MATERIALS TESTING OSPREY ACRES FLOWAY AND NATURE PRESERVE INDIAN RIVER COUNTY, FLORIDA AACE Proposal No. P17-810 May 10, 2017 Andersen Andre Consulting Engineers, Inc. (RACE) is pleased to present this proposal for performing construction materials testing and monitoring services for the proposed Osprey Acres Floway and Nature Preserve project in Indian River County, Florida. AACE is the Geotechnical Engineer -of - Record for this project, and has previously issued a Snbsnrfare Exploration and Geotechnical Engineering Evaluation report for the project dated October 26, 2016 (AACE File No. 16-144). Based on our review of the provided bid documents and construction drawings, and on our prior involvement with the project, we understand that it is proposed to construct a serpentine nutrient removal/water treatment system which will receive an estimated 10-12 million gallons per day of piped water inflow from the adjacent Osprey Marsh polishing pond and from untreated drainage canals. The treatment system will consist of the following interconnected main features (elevations in NAVD-88): Initial deep settling basins » Bottom elevation of 11.63 feet » Design water stage of elevation 18.81 feet Water lettuce scrubbers/transfer channel » Bottom elevations of 14.5 feet » Design water stages of elevation 18.76 feet and 18.19 feet, respectively A filter marsh » Bottom elevation of 16.0 feet » Design water stage of elevation 18.03 feet Floway sections "A" and "B" » Bottom elevation of 11.0 feet » Design water stage of elevation 17.50 feet Various concrete weir structures with varying crest heights Floway section "C" » Bottom elevation of 10.0 feet » Design `eater stage of elevation 16.00 feet 1 ik': rl"Z ffb ceIiIc-COPll CONS'IRUCI'1ON INIATI?R1 \IS TESTING C )SPRI?1' AcRI?s Fi o\v \v ,\NI) NATURI {PRI?SIiR\'1? 1 10E PRc )Pc )SA1, No. P17-810 • • Page -2- Floway section "D" » Bottom elevation of 6.0 feet » Design water stage of elevation 16.00 feet Weir structure S16 (top -of -weir elevation 15.30 feet) and then a 48 -inch diameter CMP discharge connection to the Indian River Farms ``eater Control District (IRFWCD) Lateral J canal (South Relief Canal) and then to the Indian River Lagoon. Miscellaneous structures and piping. The cross-sections for the various system features are currently planned with 3H:1V side slopes and varying bottom widths. Additional site improvements relative to the project include an operations building, educational trails and fencing, water main installation, paved entrance and internal driveway, parking facilities, concrete loading/compost area, etc. Finally, a Geosynthetic Clay Liner (GCL) will be installed within the settling basings, scrubbers, transfer channels, filter marshes, floways and shallow marshes. Overall, the proposed project construction schedule is 10 -months. \V understand that the services for which we arc preparing this proposal include: • Monitor proofrolling and backfilling operations and perform in-place density tests as required by the project specifications. Perform in-place density testing for building pads, driveways and parking areas, slab -on -grades, footings, pipe and structure backfill, etc. Sample and test compressive strength of concrete for building construction, weirs, footings, slab -on -grade, basins bottom slabs, etc. Sample fill and backfill soils for modified Proctor laboratory testing. Sample subgrade and base materials for modified LBR laboratory testing. Full-time GCL installation monitoring (estimated 3 months). Geotechnical and Construction Materials Testing engineering consulting throughout the project duration, as needed. As such, AACE staff will be on site to observe the work and perform tests to determine substantial compliance (relative to the services of our firm) with the project plans, specifications, and design concepts. AACE staff will not direct the Contractor nor will we have the authority to stop work. Please be aware that neither the presence of our field representatives nor the observation and testing by AACE shall imply our responsibility for defects discovered in the construction work. Further, it is understood that our firm will not be responsible for job or site safety on this project. job site safety is the sole responsibility of the Contractor. The proposed budget in this proposal was established based on a "man-hour basis", rather than a "per - test" basis, since it will be difficult to estimate the precise number of density tests for this kind of project. Another challenge to a "per -test" proposal is the periodic need for a 2"`I technician (e.g. when one technician is monitoring the GCL installation and cannot break -away for density testing of pipe trench backfill). As such, we are considering, for budgeting purposes, proposing that AACE staff be on site full-time for 6 months out of the overall 10 -month construction schedule, including the 3 months of GCL installation monitoring. That would leave another 3 months of "full-time" presence distributed over the remainder of the project, assuming that there will be days where we are not needed, days where maybe 3-4 man-hours will be needed, etc. CONST RU(;11ON MATERIALS TESTING OSPRI;v ACRI?S FLOWAY AND NATURE PRI ',SI:I2vI': AACE PROPOs;\1. No. P17-810 Page -3- Hence, estimate the cost of testing services will be $86,505.00 (itemized on page 4). The actual cost of AACE's testing services will be a function of work actually performed in accordance with the fees in our Continuing Services contract with Indian River County. Contractor efficiency, methodology and changes in testing frequencies may affect the overall cost. We will notify you in advance if it appears that the cost estimate will be exceeded. To authorize us to proceed with this project, please execute and return to us a copy of the attached Professional Services Agreement form or a Purchase Order number. If you have any questions or if we can provide any additional information, please feel free to contact us at your convenience. Best Regards, ANDERSEN ANDRE CONSULTING ENGINEERS, INC. Peter G. Andersen, P.E. David P. Andre, P.E. Principal Engineer Principal Engineer d di..'t2Sr:\ At DV... CCNU:/.. !+;:i 97.14CA ,F,RS, TEVc. WWW.AAC_E PEC.COM AACE Cc)NsrRuc'IT)Nl\IA'ri,tuAl.ST1E iNc; OSPRI:Y AcREs Fi.c )WAY AND NA i uRl? PRl ,sl?RYI: AACE PROP( )S,\1 No. P17-810 Page -4- Estimated Man -Hours (based on an approximate 6-month/30-week presence) • Sr. Project Engineer; 30 weeks a 3 hours/week C $110.00/hour $9,900.00 • Sr. Field Technician; 30 weeks )) 40 hours/week" Q $55.00/hour $66,000.00 • Technical Secretary; 40 hours @-) $45.00/hour $1,800.00 (*Assuming 8 -hour work days, Monday through Friday) Laboratory Testing • 15 Proctor Tests a $85.00/rest $1,275.00 • 4 LBR Tests $295.00/test $1,180.00 • Allowance for acceptability testing (organic content, percent tines, carbonate content, etc.) $1,000.00 Concrete Testing • Estimated 50 sets (n>, $85.00/set 4 250.00 • Allowance for cylinder pick-up (not scheduled with other work) and limited standby during concrete pours; 20 hours (a), $55.00/hour $1,100.00 TOTAL ANTICIPATED TESTING BUDGET $86,505.00 The following conditions apply to this project: (1) When not present full-time, the Contractor (or Indian River County Representative) must contact Andersen Andre Consulting Engineers, Inc. at (772) 807-9191 a minimum of 24 hours prior to any testing and 48 hours prior to weekend, holiday and evening work. (2) Unit rates apply to standard working days, Monday through Friday, 7:30 a.m to 5:00 p.m. Testing and hourly rates will be increased by 50°Fo for weekend, holiday or after-hours services. (3) If our testing estimate for a specific work element is insufficient for that particular activity, resources from another work element can he used without prior authorization from the client as long as our total cost estimate is not exceeded. \X'e will notify you in advance if it appears that the cost estimate presented in the attached unit fee schedule will be exceeded. (4) Asphalt sampling/testing, is not included herein. We will be pleased to revise this proposal to include such testing, if needed. :PS.:i' .+4k.3?''t:.".1(;.NSU.'E:nY;. Z AACE ANDERSEN ANDRE CONSULTING ENGINEERS, Inc. PROFESSIONAL SERVICES AGREEMENT AACE Proposal No: P17-810 Project Name: CoNsTRUCl1c )N M,\TIBIALS TESTING - OSPRI ;1' ACRES FL(1w,\1' .\N1) NATURI; PRIsSliR\'I Client: Indian River County BOCC Public Works - Stormwater Division Attn: Mr. heith McCully, P.E. Address: 1801 27`5 Street Vero Beach, FL 32960 Client hereby requests and authorizes Andersen Andre Consulting Engineers, Inc. ("AACE") to perform the following services: Provide Construction Materials Testing services for the proposed ( )sPRI ;Y Ac RI s FL(I\VAY Am) NATURE PRI?SI ,R\'1? project, as detailed herein. Estimated Budget: $86,505.00 Payment Terms: Net 30 days from invoice date; invoices will be sent every four weeks for continued or extended projects. Interest charges, 1'/2% per month following the due date. Proposal Acceptance: By accepting this Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Andersen Andre Consulting Engineers, Inc.'s General Conditions appearing on the reverse side of this page are incorporated herein by reference. In the event this Professional Services Agreement was received by facsimile or via email, Client hereby confirms that the above described Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Andersen Andre Consulting Engineers, Inc.'s General Conditions have been made available and are incorporated in this agreement. PURSUANT TO FLORIDA STATUTES SECTION 558.0035 (2013) AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. Accepted by CLIENT: By: Name: Title: Accepted for AACE: By: Name: Peter G. Andersen, P.E. Title: Principal Engineer Date: Date: May 10, 2017 Billing Address: AACE GENERAL CONDITIONS 1 - Parties And Scope Of Work: Andersen ,\ndre Consulting I sngineers, Inc. (hereinafter referred to as "AACE") shall include said company, its individual professionals, particular division, subsidiary or affiliate performing the Work. "Work" means the specific geotechnical, analytical, testing, environmental or other service to be performed by AACI'. as set forth in .\A(;1 's prupusal, the Client's acceptance thereof, both incorporated herein by this reference, and these General Conditions. "Client" refers to the person or business entity ordering the Work to be dune by A,\(:1',. if the client is ordering the Work lin behalf of another, the Client represents and warrants that the Client is the duly iuduirized agent of said party for the purpose sit -ordering and directing said Work. Further, Client shall disclose any such agency relationship to AACIi in writing before the commencement of :\A(;Is's Work hereunder. Client agrees that,\ACIN's professional duties are specifically limited to the Work as set forth in AACI;'s proposal. The Client assumes sole responsibility for determining whether the quantity and the nature of the Work ordered by the Client is adequate and sufficient for the Client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom the Client transmits any part of .\,\CI:'s Work. AACI is Work is for the exclusive use of Client, and its properly disclosed principal. in no event shall AACE have any duty or obligation to any third party The ordering of Work from ;\,\(;l i shall constitute acceptance of the terms of ,\.\C I is proposal and these General Conditions. 2 - Scheduling of Work: if :\ACI: is required to delay commencement of the work, or if, upon embarking on its work, AACE is required to stop, delay or otherwise interrupt the progress of work as a result of changes in the scope of work requested by the client, to fulfill the requirements of third parties, interruptions in the progress of construction, or other causes beyond the exclusive reasonable control of AACE, additional charges will be applicable and payable by the Client. 3 - Responsibility: A:\CC's work shall not include determining, supervising, or implementing the means, methods, techniques, sequences or procedures of construction. .\,\CI' shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare. AACIPs work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. 4 - Payment: Payment shall be due within 311 days after date of invoice. Interest at the rate of 18" s) per annum (or the highest rate allowable by laws) from 30 days after date of un ince to date payment is received \till be added to all amounts not paid within 3)) days after date of irvinee. ,\ll attorney fees and expenses associated with collection of past due invoices will be paid by Client 5 - Right -of -Entry: Unless otherwise agreed, Client will furnish right -of -entry on the property for .\ACli to make the planned borings, surveys, and/or explorations. AACI: \till take reasonable precautions to minimize damage to the property caused by its equipment and sampling procedures, but the cost of restoration or damage which may result from the planned operations is nut included in the contracted amount. If Client desires to restore the property to its former condition, AACI will accomplish this and add the cost to its fee. 6 - Damage to Existing Man-made Objects: It shall be the responsibility of the ( hvner sir his duly authorized representative to disclose the presence and accurate location of all hidden or obscure man-made objects relative to field tests, sampling, or boring locations. When cautioned, advised cur given data in writing that reveal the presence or potential presence of underground or overground obstructions, such as utilities, AA(;l i will give special instructions to its field personnel. As evidenced by your acceptance of this proposal, Client agrees to defend, indemnify and save harmless .\ACI,, from all claims, suits, losses, personal injuries, death and property liability resulting from subsurface conditions or damages to subsurface structures or man made objects, owned by Client or third parties, occurring in the performance of the proposed work, whose presence and exact locations were not revealed o AACE in writing, whether such claims or damages are caused in whole or in part by \,\C1 i, and agree to reimburse AA(:1 i for expenses in connection with an} such claims ur suits, including reasonable attorney's fees. Client's obligation to indemnify is limited to SI million per occurrence, which Client agrees bears a reasonable commercial relationship to the Work undertaken by .\.\CIi. Client further agrees that these general conditions arc a part of the Ws rk's specifications ,5r bid documents, if any. 7 - Warranty and Limitation of Liability. ,\ACE shall perform services for (;hent in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent consultants practicing in the same or a similar locality as the project. In the event any portion of the services fails to comply with this warranty obligation and ,\A(1i is promptly notified in \vrinng prior to one year after completion of such portion of the services, ,\.\CI'; will re -perform such portion of the services, or if re -performance is impracticable, .\ACE will refund the amount of compensation paid to A,\Cl i for such portion of the services. This warranty is in lieu of all other warranties No other warranty, expressed or implied, including warranties of merchantability and fitness for a particular purpose is made or intended by the proposal for consulting services, by furnishing an oral response of the findings made or by any representations made regarding the services included in this agreement. in no event shall Aa\Cli be liable for any special, indirect, incidental, or cnnscquennal loss sir delay or time -related damages. The remedies set forth herein are exclusive and the total liability of consultant whether in contract, tort (including negligence whether sole or concurrent), or otherwise arising out of, connected with or resulting from the services provided pursuant to this Agreement shall not exceed the total fees paid b} Client or S50,1)110.00, whichever is greater. Client may, upon written request received within five days of Client's acceptance hereof, increase the limit of AACIP's liability by agreeing to pay AACE an additional sum as agreed in writing prior to the commencement of A.\Cli's sen ices. This charge is not to be construed as being a charge for insurance of any type, but is increased consideration for the greater liability involved. Icor services involving or relating to pollution, it is further agreed that the Client shall indemnify and hold harmless AACE and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct and indirect or consequential damages, including but not limited to fees and charges of attorneys and court and arbitration costs, arising out of sir resulting from the performance of the work by ,\ or claims against ,\.\(;I': arising from the work of others. This indemnification provision extends to claims against ,\,\r;i which arise out of, are related to, or arc based upon, the disposal, discharge, escape, release or saturation of vapors, fumes, acids, alkalis, toxic chemicals, liquids, gases or any other material, irritant, contaminant or pollutant in or into the atmosphere or on, onto, upon, in or into the surface or subsurface. Client's obligation to indemnify is limited to $1 million per occurrence, which Client agrees bears a reasonable commercial relationship to the Work undertaken by AACI i. Client further agrees that these general conditions are a part of the Work's specifications or bid documents, if any. 8 - Sampling or Testing Location. Unless specifically stated to the contrary, the fees included in this proposal do not include costs associated with professional land surveying of the site or the accurate horizontal and vertical locations of tests. Field tests or boring locations described in our report or shown on our sketches arc based on specific information furnished to us by others or estimates made in the field by our technicians. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated in the report 9 - Sample Handling and Retention : Generally test samples or specimens are consumed and/or substantially altered during the conduct of tests and AACI'., at its sole discretion, will dispose (subject to the following) of any remaining residue immediately upon completion of test unless required in writing by the Client to store or otherwise handle the samples. (a) NON I IAZARIOUS SAMPLES: At Client's written request, A.\Cli will maintain preservable test samples and specimens or the residue therefrom for thirty (30) days after submission of ,\,\CC's report to Client free of storage charges. After the initial 30 days and upon written request, ,\ACE will retain test specimens or samples for a mutually acceptable storage charge and period of time. (b) HAZARDOUS OR P( )'I'IiN'I'I\Id.l'1IA'/.,\Rl)(/USS,\MIPI.I?S: In the event that samples contain substances or es nstituents hazardous or detrimental to human health, safety or the environment as defined by federal, state or local statutes, regulations, or ordinances ("Ilazardous Substances" and "I 1azardnus Constituents", respectively), AACE wwill, after completion of testing and at Client's expense: (i) return such samples to Client; (ii) using a manifest signed by Client as generator, will have such samples transported to a location selected by Client for final disposal. Client agrees to pay all costs associated with the storage, transport, and disposal of such samples. Client recognizes and agrees that ,\A1:1 i is acting as a bailee and at no time docs AACE assume title of said waste. 10 - Discovery of Unanticipated Hazardous Materials: 1 Iazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe they could or should be present. AACE and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. .\ACI1 and Client also agree that the discovery of unanticipated hazardous materials may make it necessary for ,\ACE to take immediate measures to protect health and safety. .\,\(;1'; agrees to notify Client as soon as practicable should unanticipated hazardous materials or suspected hazardous materials be encountered. Client encourages ,\ACI', to take any and all measures that, nn ,\ACI is professional opinion, are justified to preserve and protect the health and safety of :\ACIi's personnel and the public. Client agrees to compensate A.\CI': for the additional cost of working to protect employees' and the public's health and safety. In addition, Client waives any claim against A,\CIi, and agrees to defend, indemnify and sate AACE harmless from any claim or liability for injury or loss arising from ,\ACT's discovery of unanticipated hazardous materials or suspected hazardous materials. Client also agrees to compensate ,\ ACE for any nine spent and expenses incurred by ,\ACI' in defense of any such claim, with such compensation to be based upon ,\ACIi's prevailing fcc schedule and expense reimbursement policy relative to recover' of direct project costs. 11- Joint and Several Liability: The concept of joint and several liability is basically this: When two or more parties arc considered responsible for causing injury or damage, any one of the parties may be made to provide compensation for as much as I00 of the damages assessed. When applied to hazardous materials projects, it is possible that the concept of joint and several liability could be construed to make AA(;11 partly or wholly responsible for damages created directly sir indirectly by the hazardous materials. Client agrees that it womid be unfair for AA(11 to be exposed to such an action, because :\ACI', had nothing whatsoever to do with the creation of the hazardous condition. Accordingly, Client waives any claim against AACI?, and agrees to defend, indemnify and save AACE harmless from any claim or liability for injury or 1,555 arising from application of a joint and several liability concept that would, in any manner, hold or seek to hold AACI', responsible for creating a hazardous condition or permitting one to exist. Client also agrees to compensate .\A(111 for any time spent and expenses incurred by A,\CIS in defense of any such claim, with such compensation to be based upon ,\ACC's prevailing fee schedule and expense reimbursement policy relative to recovery of direct project costs. 12 - Legal Jurisdiction The parties agree that any actions brought to enforce any pri revision of this Agreement shall only be brought in a court of competent jurisdiction located in St. Lucie County, 1'1onda. All causes of action arising out of A,\(;1;'s \Work shall be deemed to haw c accrued and the applicable statutes of limitation shall commence to run not later than either the date of substantial completion of the Work for acts or failures to act occurring prior to substantial completion, or the date of issuance of final payment for acts sir failures to act occurring after substantial completion of the Work. 13 - Force Majeure: .\ACN shall not be held responsible for any delay or failure in performance of ainy part of this Agreement to the extent such delay or failure is caused by fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, acts of ( nod, act or omission of subcontractors, carriers, client or other similar causes beyond its control.