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04/24/1991 Agreement PETSCHE & ASSOCIATES, INC. Professional Engineers • Land Surveyors • Development Consultants � 0,3456 ,› , "°\ 4 ,9 April 4, 1991 �- APR 199 EI VED low s MONROE COUNTY COMMISSION c GERRITS C/O Morrison - Knudsen /Gerrits a joint venture P.O. Box 5283 Key West, Florida 33045 -5283 Attn: Ms. Martell Karr Re: Annual contract for County wide Professional Land Surveying and Sub - surface Investigative Services for Monroe County, Florida. Ms. Karr: PETSCHE & ASSOCIATES, INC. is pleased to submit this proposal for Professional services in conjunction with the annual needs of Monroe County. The index to the organization to this proposal is as follows: SECTION I PROFESSIONAL SURVEYING SERVICES HOURLY RATE SCHEDULE SECTION II : GEOTECHNICAL INVESTIGATIVE SERVICES RATE SCHEDULE SECTION III: GENERAL CONDITIONS AND PROVISIdNS -, .6 'n - r m SECTION IV: ACCEPTANCE SECTION V: APPENDICES 1, 2 AND 3 - -• n, L C Q i au o • 1760 North Congress Avenue • Suite 203 • West Palm Beach, Florida 33409 • (407) 640 -3800 S ECTION I: PROFESSIONAL SURVEYING SERVICES HOURLY RATE SCHEDULE PERSONNEL CLASSIFICATION: HOURLY RATE: PRINCIPAL SENIOR PARTNER $ 95.00 PRINCIPAL ASSOCIATE $ 85.00 REGISTERED ENGINEER $ 75.00 REGISTERED LAND SURVEYOR $ 75.00 DESIGNER $ 60.00 TECHNICAL ASSISTANT $ 55.00 DRAFTSPERSON $ 32.00 CLERICAL $ 17.50 FIELD SUPERVISOR $ 45.00 TWO MAN FIELD CREW $ 85.00 THREE MAN FIELD CREW $ 95.00 PROJECT REPRESENTATIVE (INSPECTOR) $ 50.00 - PAGE 2 OF 8 - - April 4, 1991 - • S ECTION II : GEOTECHNICAL INVESTIGATIVE SERVICES RATE SCHEDULE I. FIELD EXPLORATION s 1. Mobilization /De- Mobilization of Crew & Truck - Mounted Drill (Lump Sum) a. Key Largo to North of Marathon $ 385.00 b. Marathon to Key West $ 550.00 2. Soil Test Borings (ASTM D -1140) a. 0 to 25' Depth, Per Linear Foot $ 10.95 b. 25 to 50' Depth, Per Linear Foot $ 12.00 c. 50 to 100' Depth, Per Linear Foot $ 14.25 d. 100' + Quoted Upon Request 3. Auger Borings -or- Wash Borings, Per Linear Foot $ 8.25 4. Undisturbed Sampling (ASTM D- 1587), Per Sample $ 110.00 5. Casing or Borehole Stability when Drilling Fluid Cannot Maintain an Open Borehole Per Linear Foot $ 4.00 6. NX- Coring of Limestone (ASTM D -2435) a. 0 to 25' Depth, Per Linear Foot $ 20.00 b. 25 to 50' Depth, Per Linear Foot $ 22.50 c. 50 to 100' Depth, Per Linear Foot $ 25.00 d. 100' + Quoted Upon Request 7. Standby Time, Site Cleanup, Clearing and /or Borehole Grouting, Per Hour $ 110.00 8. Field Permeability (DOT or SFWMD), Per Test $ 385.00 9. Double -Ring infiltration Test, Per Test $ 495.00 - PAGE 3 OF 8 - - April 4, 1991 - • SECTION II : GEOTECHNICAL INVESTIGATIVE SERVICES RATE SCHEDULE CONTINUED II. LABORATORY TESTING 1. Classification /Index Property Test a. Natural Moisture Content (ASTM D -2216) Per Test $ 5.50 b. Fines Content (ASTM D -1140) Per Test $ 33.00 c. Organic Content (ASTM D -2974) Per Test $ 33.00 d. Atterberg Limits (Liquid Limit ASTM D -423 and Plastic Limit (ASTM D -424) Per Test $ 49.50 e. Grain Size Determination (ASTM D -422) Per Test $ 44.00 2. Unconfined Compression, Rock Core Samples (ASTM D -3148) Each $ 55.00 III. GEOTECHNICAL ENGINEERING SERVICES For planning, coordinating and directing geotechnical exploration, client consultation, analysis /evaluation of test data, and report preparation. 1. Engineering Technician Per Hour $ 38.50 2. Staff Engineer Per Hour $ 54.00 3. Project Engineer Per Hour $ 77.00 4. Principal Engineer Per Hour $ 99.00 5. Draftsman or Secretarial Svcs. Per Hour $ 33.00 REMARKS - Services and fees not listed above will be quoted on request. - Overtime rates will be applicable for services performed in excess of 8 hours, before 7:00 A.M. and after 5:00 P.M. per day on Monday through Friday, and on Saturdays, Sundays and holidays at the rate of 1.5 times the unit rate. - Cost of special equipment or sub - contract services for providing site clearing and site access will be billed at cost + 10 percent. - Per diem costs of $110.00 per day for 2 man crew will be charged for work requiring overnight stay. - PAGE 4 OF 8 - - April 4, 1991 - SECTION III: GENERAL CONDITIONS AND PRO VISIONS 1. All fees for professional surveying and geotechnical investigative services will be based upon the rate schedules provided in sections I and II of this contract. 2. All invoices shall be based on a percentage of services completed and applied to the Rate Schedules in sections I and II of this contract. All invoices will be sent to Monroe County, c/o Morrison - Knudsen /Gerrits, P.O. Box 5283, Key West, Florida 33045 and are considered due and payable upon receipt. 3. All services to be performed under this contract will be on a job specific basis under direction of requests by Monroe County. Such requests shall be in written form and shall specify the exact scope of services required. Monroe County shall furnish, at minimum, a legal description and /or deed of the property together with any other available title information necessary to conduct the survey. Plats, easements, right -of -way maps and other matters of public record needed to complete any survey shall be acquired by Petsche & Associates, Inc. and invoiced to Monroe County on a cost and materials basis. Locations and descriptions of geotechnical services to be performed, if required, shall be provided by Monroe County. 4. A detailed estimate of all job specific work to be performed for each project shall be submitted to Monroe County for approval prior to commencement of said work. Any work exceeding the amount of the original estimate shall require an approval before commencement. 5. After authorization to proceed is received for an individual project estimate, surveying and /or geotechnical services shall commence within three (3) working days. Final surveys, drawings & reports shall be delivered to the County within the specified time frame in each estimate. Time frames specified in each estimate shall be of a reasonable length of time needed to perform the required services. 6. All fees presented are based on a one time performance only. Duplication of any service whether field or office, shall be performed only after authorization by Monroe County. 7. If requested by the County, over night courier services for project documents will be invoiced at cost plus 20 %. Utilization of the County's courier accounts may be substituted if requested by the County. 8. We propose to furnish a total of 6 signed and sealed surveys and /or engineering reports for the County's initial needs of each service performed. Additional report copies and prints will be charged at the following rates with a minimum order of $10.00: Surveys with embossed certification @ $5.00 each. Surveys without embossed certification @ $2.00 each. Blueprints of plats, etc. @ $1.50 each. Reproducible mylar @ $20.00 each. (Please allow 24 hours) Reproduction of engineering reports @ costs plus 10% each. - PAGE 5 OF 8 - - April 4, 1991 - SECTION II: GENERAL CONDITIONS AND PROVISIONS CONTINUED 9. It is understood that PETSCHE & ASSOCIATES, INC. will perform all land surveying and geotechnical investigative services required by Monroe County for capitol improvements under M.K. /G. Scope of Services together with any other needs requiring of such services for a period of one year from the date of contract. Monroe County reserves the right to solicit surveying and geotechnical investigative services elsewhere, if deemed to be in the best interest of Monroe County. 10. It is understood that the fees quoted in this contract are predicated on the client providing PETSCHE & ASSOCIATES, INC. with copies of all previous work performed for the subject parcels relative to surveys, calculations and permit applications /acquisitions. 11. All fees quoted in this agreement are applicable for one year from date of contract. At that time, fees will be reviewed with the County and adjusted to compensate for cost of living increases. 12. Petsche & Associates, Inc. shall assume all the risk in connection with the performance of this contract, and shall indemnify, defend, and hold - harmless Monroe County and Morrison - Knudsen /Gerrits from any and all claims for Workers' Compensation Acts, claims for damages because of bodily injury, including personal injury, sickness or disease, or death of employees or of any other person, and from claims for damages because of injury to or destruction of tangible property, including loss of use of resulting therefrom, asserted by persons or entities performing work under the contract at the direction of, or persuant to any subcontract agreement with Petsche & Associates, Inc. The Professional Liability minimum limit shall be $500,000.00. A certificate of insurance evidencing the above coverage is attached. Both Monroe County and Morrison - Knudsen / Gerrits are identified as certificate holders to the above specified insurance coverage. Lobbying and Conflict of Interest Clause Petsche & Associates, Inc. warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. - PAGE 6 OF 8 - - April 4, 1991 - I S ECTION IV: ACCEPTANCE I TO INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT PLEASE SIGN AND RETURN ONE COPY TO THIS OFFICE. UPON RECEIPT IT SHALL BE DEEMED A CONTRACTUAL AGREEMENT BETWEEN PETSCHE & ASSOCIATES, INC. AND MONROE COUNTY. THIS AGREEMENT SHALL BE VALID FOR A PERIOD OF ONE YEAR FROM THE DATE OF ACCEPTANCE. Respectfully Submitted, PETSCHE & ASSOCIATES, INC. //' /' �. CORPORATE SEAL PETER J. - TSCHE, P.L.S. VICE P•: IDENT /SECRETARY ACCEPTED BY: ATTEST: MONROE COUNTY BOARD OF DANNY L. KOLHAGE, CLERK COUNTY COMMISSIONERS BY : 1 / 4 71 4 I2 7'y/ (CHAIRMAN) (DATE) Agkail APPROVED AS TO FORM & LEGAL SUFFICIENCY: /0 Or M OE COUNTY ATTORNEY (DATE) - PAGE 7 OF 8 - - April 4, 1991 - • i SECTION V: APPENDICES APPENDIX 1 - Non - collusion Affidavit APPENDIX 2 - Sworn Statement on Public Entity Crimes APPENDIX 3 - Insurance Certificate rah CONTRACT \MONROE \SURVEY.YR I '! - PAGE 8 OF 8 - - April 4, 1991 - APPENDIX 1 )ON- COLLOBION AT ?IDAVIT = Peter J. Petsche of the city of West Palm Beach, Florida according to law on my oath, and under penalty of perjury, depose and say that: _ • 1.) I WC -Vice- President /Secretary of the firm of Petsche & Associates, Inc. , the bidder making the Proposal for the project described in the notice for calling for bids for Surveyin & Sub- Surface Services , and that I executed the said proposal with full authority to do so: 2.) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such proces with any other bidder or with any competitor= • 3.) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not /movingly be disclosed by the bidder and will not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4.) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competitions S.) the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained n this affidavit in awarding contracts for said project. (S ture of E dder) STATE OF Florida April 4, 1991 • COUNTY OF Palm Beach DATE PERSONALLY APPEARED BEFORE ME, the undersigned authority, Peter J. Petsche who, after first being sworn by me, (name of individual signing) affixed hie /her signature in the space provided above on this 4th day of April , 19 91 / I , / . r te i A V / TARY PURL My commission expires: Notary PAI C S tate o F,or w3 It My Co ^� APPENDIX 2 SWORN BTATENENT UNDER SECTION 217.1.33(3) (a), APLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM XUBT BE SIGNED IN TEE PRESENCE OP A NOTARY PUBLIC OR OTHER OFFICER AUTHORISED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. for Surveying and Sub - Surface Investigative Services 2. This sworn statement is submitted by Petsche & Associates, Inc. (Name of entity submitting sworn statement) whose business address is 1760 North Congress Avenue, Suite 203 West Palm Beach, Florid 33409 and (if applicable) its Federal Employer Identification Number (FEIN) is 59 2738041 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 3. My name is Peter J. yetsche and my relationship to the entity named above is Vice President /Secretary 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, and bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, Collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 1 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(a), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "Person" includes those officers, directors, executives, partners, shareholders, employees members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] xxx Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or Dore of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime 2 • subsequent -to auly 1, 1989, AN [Please indicate Which additional statement applies.] There has. been a proceeding concerning the ca fiction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate in the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate was placed on the convicted vendor list. there has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Bearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the final order.] xxx The person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken by or pending with the Depa ert of G eral Services.] [Slgnat e] Date: April 4, 1991 STATE OF Florida COUNTY OF Palm Beach PERSONALLY APPEARED BEFORE 1E, the undersigned authority, Peter J. Petsche who, after first being sworn by me, [name of individual signing] affixed his /her signature in the space provided above on this 4th day of April , 19 91 NOTARY •UBLIC '/ My commission expires: Nnary Pob{r, Form PUR 7068 (Rev. 11/89) 3 b CERTIFICATE OF NSURAN ISSUE DATE (MM /DD/YY) 1. at. �s��4. 4/ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Samuel W. Irvine Associates EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 1920 Palm Beach Lakes Blvd. # 101 West Palm Beach, Fl, 33409 COMPANIES AFFORDING COVERAGE LET COMPANY A Covenant Ins. Co. CODE SUB -CODE INSURED LEnER B F lor i da Retail Federation Petsche & Associates, Inc. ETTER Progressive American 1760 N. Congress Avenue, Suite 203 West Palm Beach, Fl. 33409 COMPANY r., C AA COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS TR DATE (MM /DD /YY) DATE (MM /DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 1,000 A X COMMERCIAL GENERAL LIABILITY 1'P 271 52 18 3/15/91 3/15/92 PRODUCTS- COMP /OPS AGGREGATE $ N/A CLAIMS MADE X OCCUR. PERSONAL & ADVERTISING INJURY $ 500 OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 500 FIRE DAMAGE (Any one fire) $ 50 MEDICAL EXPENSE (Any one person) $ D AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY C X SCHEDULED AUTOS CA 001201451 2/28/91 2/28/92 (Per INJURY $ 100 HIRED AUTOS BODILY Y $300 NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE 50 EXCESS LIABILITY EACH AGGREGATE OCCURRENCE $ $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY B AND 5206375 1/01/91 12/31/91 $ 100 (EACH ACCIDENT) $ 500 (DISEASE— POLICY LIMIT) EMPLOYERS' LIABILITY $ 100 (DISEASE —EACH EMPLOYEE) OTHER D Professional $500 per occurrence Liability AAE6144618 9/05/90 9/05/91 $500 aggregate DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /RESTRICTIONS /SPECIAL ITEMS Engineering and Surveying State of Florida CERTIFICATE HOLDER CANCELLATION Monroe County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE c/o Morrison, Knudsen /Gerrits a joint EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO venture MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Attention: his. Martell Karr LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR P.O. Box 5283 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Key West, Fl. 33045 -5283 AUTHO ED REPRESENTATIVE 9tke ACORD 284 (3/88) OACORD CORPORATION 1988