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Home My WebLink About2005-011C (2) / x INDIAN RIVER COUNTY a PUBLIC WORKS DEPARTMENT PROJECT #7018 PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL PROFESSIONAL GEOTECHNICAL ENGINEERING SERVICES THIS AGREEMENT , entered into this 4th day of January , 2005 by and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida , hereinafter referred to as the "COUNTY" , and ARDAMAN & ASSOCIATES , 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 . 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\dandre\Local Settings\Temporary Internet Files\OLKBC\7018 AGREEMENT-Ardaman Assoc (3 ) . doc x ti 1 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 2 C :\Documents and Settings\dandre\Local Settings\Temporary Internet Files\OLKBC\7018 AGREEMENT-Ardaman Assoc (3 ) . doc 1' 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 agrees to pay on a direct basis for services or goods provided by others working in conjunction with the GEOTECHNICAL PROFESSIONAL , as follows : 1 . NONE 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 Public Works Director or his designee , and formally approved by the Board of County Commissioners , 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 . SECTION VIII — PAYMENTS The COUNTY shall make monthly partial payments Pursuant to Florida Prompt Payment Act ( F . S . 218 . 70 ) to the GEOTECHNICAL PROFESSIONAL as provided for in the Work Order. A ten percent ( 10 % ) retainage shall be withheld by the COUNTY for all work orders over $ 10 , 000 . 00 , until all of the GEOTECHNICAL PROFESSIONAL ' s work is completely accepted by the COUNTY . If work is held up on the project for six months or greater due to no fault of the GEOTECHNICAL PROFESSIONAL , the GEOTECHNICAL PROFESSIONAL may request release of the accumulated retainage . Unless otherwise stated in the Work Order, the GEOTECHNICAL PROFESSIONAL shall submit duly certified invoices in triplicate to the County Public Works Director. 3 C :\Documents and Settings\dandre\Local Settings\Temporary Internet Files\OLKBC\7018 AGREEMENT-Ardaman Assoc (3 ) . doc