Harry Harris Park 01/22/2020 GJ1 COURfd\11
"`;',*) Kevin Madok, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: February 5, 2020
TO: Breanne Erickson, Contract Administrator
Project Management
I
FROM: Pamela G. Hanc.41.C.
SUBJECT: January 22'BOCC Meeting
Attached is an electronic copy of the following item for your handling:
D4 Task Order with CPH, Inc. for Harry Harris Park Beach Jetty and Wilkinson's
Point Irma Damage Consulting Services for$55,785.00 (see Attachment "A"). Attachment"A"
is incorporated herein by reference.
Should you have any questions, please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
TASK ORDER
FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES BETWEEN
MONROE COUNTY AND CPH,Inc.FOR HARRY HARRIS PARK BEACH JETTY AND
WILKINSON'S POINT REPAIR
In accordance with the Agreement for Professional Architectural and Engineering Services, made and
entered into on December 19, 2018 between MONROE COUNTY, ("County") and CPH, Inc,
("Consultant"), where professional services are allowed if construction costs do not exceed$2,000,000.00,
or for study activity if the fee for professional services for each individual study under the contract does not
exceed$200,000.00("Agreement"),the parties enter into this Task Order.
All terms and conditions of the Agreement apply to this Task Order,unless this Task Order amends, adds,
or modifies a provision or an Article of the Agreement of which will be specifically referenced in this Task
Order and the amendment, addition, or modification shall be precisely described. These additions apply
only to the project referenced in this Task Order.
This Task Order is effective on the 22''day of January,2020.
WHEREAS, the Harry Harris Park Beach Jetty and Wilkinson's Point were substantially damaged during
Hurricane Irma rendering both unsafe and inaccessible, and
WHEREAS, the Consultant is qualified to provide engineering design services for the needed repairs.
NOW,THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties
agree as follows:
1. In accordance with Article 11,SCOPE OF BASIC SERVICES of the Agreement,the Consultant
will complete data collection, perform analysis, and provide a conceptual design for repairs.
Data collection services provided shall include:
• A topographic survey
• Geotechnical exploration
• Environmental assessment
• Pre-permitting services
Conceptual design services provided shall include:
• Structure analysis
• Conceptual design
• Opinion of Probable Construction Costs (OPPC)
2. In accordance with Article VII, paragraph 7.1.1 of the Agreement,the County shall pay the
Consultant a Not-to-Exceed (NTE) total of Fifty-Five Thousand Seven Hundred Eighty-Five
00/100 dollars($55,785.00) paid on a percent complete basis for the following phases:
a. Survey -$5,850.00 upon document review and approval by Director of Project
Management
1
b. Geotechnical Exploration-$4,010.00 upon document review and approval by Director of
Project Management
c. Environmental Assessment-$6,935.00 upon document review and approval by Director
of Project Management
d. Pre-Permitting-$3,225.00 upon completion of meetings and approval by Director of
Project Management
e. Structure Analysis-$14,700.00 upon document review and approval by Director of
Project Management
f. Conceptual Design-$17,040.00 upon document review and approval by Director of
Project Management
g. OPPC-$3,275.00 upon document review and approval by Director of Project
Management
h. Reimbursable Expenses-$750.00 NTE upon documentation and approval by Director of
Project Management
All other Terms and Conditions of the Agreement remain unchanged and in full force and effect.
"r C`'•r.
�< 4_%,' "IN IT FS WHEREOF, each party caused this Task Order to be executed by its duly authorized
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-�.,r�:,;,<:�(SEAR;f BOARD OF COUNTY COMMISSIONERS
t R- Attest. ' VIN MADOK,Clerk OF MONROE COCK , , 1. ORIDA
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By: By: A ,� ;
Deputy Clerk ' Ma . 'hairman S o r==
Date: iv y Zy, �' v� Date: 7.� "yO ZO c. -,� rrl
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Attest: CPH,Inc. N 2
Signature: Signature: .
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Name: Name: Todd H. Hendrix,P.E.
Title: Title: Sr.Vice President/Associate
Date: Date: January 23rd, 2020
MONROE COUNTY ATTORNEY'S OFFICE
APPROVED AS TO FORM
SSISTANT COUNTY ATTORNEY 2
DATE: /-0, ' -,2 2
Harry Harris Park Jetty Repair—Phase I
PROFESSIONAL ENGINEERING SERVICES
FOR
MONROE COUNTY, FLORIDA
HARRY HARRIS PARK- JETTY REPAIR
CONCEPTUAL DESIGN
CPH, Inc. has prepared this proposal to provide professional services for the above referenced
project. This Agreement is composed of details of the services to be performed. Monroe County
shall herein be referred to as the"Client," and CPH, Inc. as the "Consultant."
PROJECT DESCRIPTION
CPH, Inc. hereby proposes to conduct Professional Consulting services for the above-referenced
project. The project will consist of data collection, analysis, and preliminary conceptual design of
two options for repair of the existing Harry Harris submerged land structures. The Data Collection
task will include topographic survey, geotechnical exploration, environmental assessment, and
pre-permitting services. The Conceptual Design task will include structure analysis, conceptual
design, and Opinion of Probable Construction Costs (OPPC).
SCOPE OF SERVICES
The following represents a summary of scope of work services for the Client. CPH, Inc. shall
provide the professional services described below.
Scope of Services consists of two (2) Tasks:
TASK A—DATA COLLECTION
TASK B—CONCEPTUAL DESIGN
1
Harry Harris Park Jetty Repair—Phase I
BASIC SERVICES
TASK A—DATA COLLECTION
A.1 — SURVEY
Consultant shall perform a Topographic Survey per Rule Chapter 5J-17 of the Florida
Administrative Code in compliance with the Standards of Practice of Surveying and Mapping of
the State of Florida of the areas depicted in blue (1.8± acres) and orange (1.1± acres) on the
attached "Survey Site Exhibit".
• Data will be collected at 50' grid within the project area up to the toe of slope (see
"Survey Site Exhibit" attached for limits).
• Location of existing visible above ground improvements &visible utilities within the
areas depicted in blue and orange on the attached "Survey Site Exhibit". No underground
utility designation will be provided as part of this scope.
• Provide Mean High Water(MHW) elevation contour per Florida Department of
Environmental Protection (FDEP) correspondence.
• Signed and sealed Topographic Survey.
The project coordinate system will be based horizontally on the North American Datum 83 (NAD
83). The project will be referenced to state plane coordinates by field locating published control
points. The National Geodetic Survey control points will be researched and verified in the field.
This base of reference will be used to establish the coordinate system for the project.
The project will be based on the North American Vertical Datum 88 (NAVD 88). The project will
be referenced to these published elevations by field locating published benchmarks. The National
Geodetic Survey benchmarks will be researched and verified in the field.
The following related services are not included in the scope of this proposal, and may or may not
be required, but can be provided at an additional fee: ALTA/NSPS Land Title Survey, Boundary
Survey, As-built Survey, Platting, Soil Borings, Sketch and Descriptions, Wetland
Location/Delineation and Underground Utility Location/Designation.
2
c - h
Ha 'Harris Park Jet hRe air—Phase I
SURVEY SITE EXHIBIT
Survey Site Exhibit Legend
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A.2— GEOTECHNICAL EXPLORATION
The Consultant will hire a Universal Engineering Sciences (UES), as a sub-consultant to conduct
an assessment of the site soils and subsurface conditions including the following: Existing site
conditions; Exploration, testing, and sampling methods; Subsurface soil conditions encountered
and soil classifications; Depth to groundwater at the time of the exploration and estimated seasonal
high groundwater levels; Soil Design recommendations, including excavation and fill
recommendations and pertinent soil parameters, and whether the existing soils are suitable for use
during construction for bedding and backfilling; Construction recommendations (site preparation,
use of unsuitable soils, dewatering, bedding, backfill).
The soil borings will be at locations specified by the Engineer. Four (4) locations have been
identified and are displayed along with a copy of the Universal, Inc's proposal in Attachment B.
3
Harry Harris Park Jetty Repair—Phase I
A.3—ENVIRONMENTAL ASSESSMENT
Consultant shall perform apreliminary ecological assessment on the subject project area. Tasks to
be completed include the following:
Public Data Base Research: Consultant will perform a search of readily available public data bases
for historical or existing regulatory approvals/authorizations. Consultant shall review the readily
available files and summarize the findings. The Florida Fish and Wildlife Conservation
Commission (FFWCC) and U.S. Fish and Wildlife Service (USFWS) web based files and
distribution mappings,along with the Atlas of Breeding Sites of Herons and Their Allies (FFWCC)
will be reviewed to identify recorded listed species within the project site or within the vicinity of
the subject property. Review of the Florida Natural Areas Inventory web based files for the
recorded presence of protected species within the subject project vicinity will be also be included.
Field Investigation: Consultant will conduct a preliminary survey by general reconnaissance of the
site for the occurrence or potential occurrence of protected species (threatened, endangered, or
special concern) and environmental sensitive resources within and adjacent to the project limits.
The approximate location of all observed protected species and approximate extent and
configuration of jurisdictional areas will be on an Environmental Resources Map or FLUCFCS
map overlain on an aerial photograph print. Those species referred to as protected are listed under
Florida Administrative Code 68A and Florida Statue 581.185 and Code of Federal Regulation (50
CFR 17.11 and 17.12).
Graphics: Consultant shall prepare a location map, FLUCFCS Map, Environmental Resources
Map, and Species Map, at a minimum, for inclusion into the environmental permitting report.
Memorandum Report: Consultant shall prepare a memorandum report summarizing observed
protected species, environmental resources within or adjacent to the project area, potential
permitting strategies, regulatory considerations and results of the public data base search to assist
with project planning. The Client shall receive an electronic copy of the memorandum report and
figures.
AA—PRE-PERMITTING
Consultant shall meet with Army Core of Engineers (ALOE), Florida Department of
Environmental Protection (FDEP), South Florida Water Management District (SFWMD), and
Federal Emergency Management Agency (FEMA), to discuss the project, permitting parameters,
and opportunities for different alternative design options which meet each agencies requirements.
4
Harry Harris Park Jetty Repair—Phase I
TASK B—CONCEPTUAL DESIGN
B.1 — STRUCTURE ANALYSIS
Consultant will review available NOAA, Lidar, and Survey, and GIS data to compile preliminary
design criteria options for the repair of the Harry Harris structures. Consultant will review existing
height of structures in relation to resiliency, current codes, and materials of the recreational path.
B.2 —CONCEPTUAL DESIGN
Consultant will prepare Conceptual Design plans for repairing the two structures at Harry Harris
Park. The design will incorporate the developed data analysis and two design options for each
structure will be prepared to submit for Client's review. The two design options will consider
permitting requirements, FEMA funding"like-for-like", as well as possible redevelopment of the
structures to meet local code. Conceptual Design will include structural typical details and civil
design components typical of 30% design plans.
Consultant will submit options and meet to discuss proposed design with Client. Consultant will
incorporate Client comments into the design and submit the Conceptual Design Package to Client
along with associated data.
B.3 —OPINION OF PROBABLE CONSTRUCTION COSTS (OPCC)
Consultant will prepare Opinion of Probable Construction Costs for each design option to include
with the Preliminary Design Package.
Items Not Included In Scope of Services
• Submerged Land Easement SOD • Erosion and Sediment Control Plan
• Culvert Size/Flow Analysis • Grant Writing
• Benthic Survey • Items not included in the above
• Permit Preparation/Submittal scope
Should work be required in any of these areas, or areas not previously described, CPH will prepare
a proposal or amendment, at the CLIENT'S request, that contains the Scope of Services, fee, and
schedule required to complete the additional work item.
5
Harry Harris Park Jetty Repair—Phase I
COMPENSATION: The below table contains the fee breakdown of each task by CPH.
Compensation will be based on Lump Sum fee of $55,035.00, with $750.00 in reimbursable
expenses,not-to-exceed. The project total is$55,785.00, including expenses.
Monroe County
Har Harris Park-Jett Phase 1 Conce tual Desi
• n
Engineering, Professional Services
_........... _..._. ....._
Scope and Fee-Lum Sum
— __.. . _.... .... ......... . .w
PC
ITEM DESCRIPTION v, ris � _ . .. �.. Cost by Task
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TASK A-DATA COLLECTION
.A. .............
.. _..._ __ _......
1. Survey ._._w $5,850.00
A. • n ,010.
eotechmcal Exploration $4 00
A.3 Environmental Assessment
$6,935.00
� AA Pre-Permitting 2 8 8 2 8 1 $3 225.00
TASK A Total $20,020.00
TASK B -PRELIMINARY DESIGN
B.1 Structure Analysis 4 .�40 40 8 ....._...�..40 4 ...... .
B.2 Conceptual Design 8 32 32 40 40 8 $17 040.00
._.__...._—__ . ......_._ _�...__...__
B.3 OPCC 1 2 12 4 12 3 $3,275.00
TASK B Total $35 015.00
PROJECT TOTAL T&M
$55,035.00
EXPENSES NTE $750.00
PROJECT TOTAL
$55,785.00
CPH,INC. AUTHORIZATION
By: _ ....
Todd H .... ....� .....
endrix, P.E.
Sr. Vice President/Associa
Date: _.__......mm ... . 2DZD
6
Rates ' I / I ' ExhibitCPH - D RATES CPH STANDARD RATES
Category ale] Category Rate
Principal $190 Principal Landscape Architect $170
Senior Project Manager $180 Senior Landscape Architect $140
Project Manager $160 Landscape Architect $105
Senior Project Engineer $140 Senior Landscape Designer $100
Project Engineer $120 Landscape Designer $85
Principal Traffic Engineer $180 Project Coordinator $90
Senior Traffic Engineer $135
Traffic Engineer $120 Senior Project Designer $135
Traffic Analyst $115 Project Designer $115
Senior Design Technician $105
Principal Environmental Scientist $175
Design Technician $95
Senior Environmental Scientist $135
CADD Technician $75
Lead Environmental Scientist $105
Environmental Scientist $95
Administrative $75
GIS Analyst $105
Clerical $60
Arborist $125
Network Admin.(1) $80
Principal Planner $170
Senior Construction Manager $120
Senior Planner $140
Planner $100 Construction Manager $105
Construction Field Representative 11 $110
Principal Architect $180 Construction Field Representative 1 $80
Senior Architect $160
Architect $135 Principal Surveyor $170
Senior Architectural Manager $130 Senior Professional Surveyor $130
Senior Architectural Designer $920 Professional Surveyor and Mapper $125
Architectural Designer $105 Field Technician/Designer $105
Interior Designer $115 Surveyor in Training $100
Architectural CADD Technician $85 Survey Project Manager/CADD $120
Field Crew Coordinator $110
Principal Structural Engineer $180 Survey Party Chief $85
Senior Structural Engineer $150 Survey Instrument Man $70
Structural Engineer $120 Senior Survey CADD Technician $110
Survey CADD Technician $75
Principal MEP Engineer $180 Survey Crew(2 Man) $155
Senior MEP Project Engineer $155 Survey Crew(Construction Staking-2 Man) $180
MEP Project Engineer $125 Survey Crew(3 Man) $225
GPS(1 Man)/Robotics $145
Senior Graphic Designer $140 GPS(2 Man) $180
Graphic Designer $80 1 Man Scanner/Laser Survey Crew $265
2 Man Scanner/Laser Survey Crew $290
Schedule of Reimbursable Charges
Plots(B8W) Mileage At Current IRS
USB/Thumb Drive $15.00 Each 11 X 17 $0.21 Each Rates
12 X 18 $0.24 Each Phone At Cost
Copies (B8W) Postage At Cost
8.5 x 11 $0.05 Each 15 X 21 $0.35 Each Outside Reimbursables At Cost
8.5 x 14 $0.1 O Each 34 X 22 $0.83 Each
11 x 17 $0.20 Each 24 X 36 $0.96 Each
30 X 42 $1.42 Each
Copies (Color) 36 X 48 $1.92 Each
8.5 x 11 $0.25 Each Billing and Reimbursable
8.5 x 14 $0.30 Each Rates Are Subject To Periodic
11 x 17 $0.35 Each Review and Adjustment.
Plots(Color/Bond) Updated:June 28,2019
Mylars 24 x 36 $24.00 Each
24 x 36 $9.00 Each 30 x 42 $35.00 Each
32 x 42 $13.00 Each 36 x 48 $48.00 Each
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CPH, Inc. 'mon
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500 West Fulton Street
Sanford, FL 32771
Attention: Mr. Kyle Bechtelheimer, P.E.
Sr. Project Engineer
Reference: Proposal for Geotechnical Services
Harry Harris Park Jetty Improvements
50 East Beach Road
Tavernier, FL 33070
UES Donortunitv No.: 2130.1119.00019
Dear Mr. Bechtelheimer:
Universal Engineering Sciences, Inc. (UES) is pleased to submit our proposal to conduct a geotechnical
exploration for the above-referenced project.
INTRODUCTION
Based on information you provided to us on November 22, 2019, we understand that the project consists of
various improvements to two existing jetties in Tavernier, Monroe County, Florida. We understand that the
improvements include concrete and pavement recommendations, pedestrian walkway construction, and a
possible helicopter landing area. At this time, we have not been provided with any loading information, plans,
or elevations of the area. However, we have been provided with the locations of the proposed borings. This
geotechnical proposal was prepared to obtain geotechnical data in order to provide geotechnical evaluations
and recommendations for use in foundation design and site preparation.
SCOPE OF SERVICES
The scope of services described in this proposal does not include soil/groundwater assessment, contamination
delineation, radon, vapor intrusion, wetlands, lead in drinking water, lead-based paint survey, environmental
compliance or construction materials testing. UES can provide these additional services, and we would be
pleased to develop an appropriate scope of service and fee estimate for these services, if you wish.
Geotechnical Ex !oration
Based on our experience and knowledge of the local geology, we recommend the following test borings:
4. Four (4) Standard Penetration Test (SPT) borings to depths of 20 feet below existing grades to
provide data for foundation evaluation for the proposed improvements.
9960 INW 1,16 Way,Siimfta iami,F11 33178 41 (305)249-8434 0 IFax.(305)2491-8479 # www univeirsaMnigineeding corn
Proposal for Geotechnical Services
LIES Opportunity No. 2130.111 a 1
11/25/ 01
Page 2 of 7
Standard a ration Tests( ill be performed continuously in the upper 1 0-feet of each on and on 5-
foot centers after that tots bottom of the borings. All boreholes will be backfilled withsoil cuttings tot e
groundsurface. Our field e ress aivs will visually classify the soil/rock samples at eachtest interval and
lace them in clean airtight bags, which are labeled for future identification. ro aer levels will be
obtained in each on o initial enco e and later when the water table has stabilized.
e will layout the test locations and performunderground till clearances for public utilities prior to
mobilizing. ill not be held responsible for damage to private utilities as a result of our drillingoperations
less the utilities are properly identified to us in the field.
We have assumed the site is accessible to our personnel and truck-mounted drill rig and that you will provide
e right of access. If the site cannot be accessed withthe use of a truck-mounted drill rig, an additional fee will
be required forspecialty drilling equipment(track-mounted rig, , amphibious equipment, etc.).
Laborat I
s soil/rock samples recovered from the field exploration o ill be transported to our Miami laboratory
for better classification esti than can be performed by fielde o sH and to determine the pertinent
engineering pro a ies for foundation design and site preparation recommendations. Any laboratorytesting that
may be performed will be limited to soil classification testing o confirm visual classification of soils®
Geotechnical g2p2rtlng
At the completion of the field and laboratorytesting services, our Geotechnical Project Engineer will prepare a
report r the direction of a registered Professional Engineer who specializes in geotechnicalengineering
consulting. s geotechnical report will contain e following information at s minimum:
®®® Methods and procedures for fieldsampling and laboratorytesting
4- Test boring logs and classifications
4* Laboratory test results
Summary of subsurface stratification
Existing groundwater levels and estimated seasonal ig and low levels
® Distribution and thickness of unsuitable bearing soils (if any)
Foundation desi recommendations
®® Site preparation recommendations
d.** Construction considerations
Any other information dee s appropriate byte Geotechnical Engineer based on our stu
SCHEDULE
e proposed scope of workcan e completed i i six ( )weeks from the date of authorization®
Page 2 of 7
Proposal for Geotechnical Services
UES Opportunity No. 2130.1119.00019
11/25/2019 93
Page 3 of 7
PROPOSAL
We can provide the geotechnical services for a lump sum of$ ,010.00. This fee proposal shall remain effective
for sixty (60) days. Should you require more than sixty (60) days to formally authorizing us to proceed, we
request that you permit us to update our proposal to account for any changes in fees. If you would like us to
proceed, please sign and return a copy of the enclosed Work Authorization/Proposal Acceptance Form.
Universal Engineering Sciences, Inc. appreciates this opportunity to offer our services, and we are looking
forward to the assignment. Please call if you have any questions.
Sincerely,
Universal Engineering Sciences, Inc.
Rey Villa, MS, PE "
Branch Manager Courtlyn A: Hisey, E.I.
Enclosures: Fee Proposal (Exhibit I) Geotechnical Staff Engineer
Work Authorization/Proposal Acceptance Form
General Contract Conditions
Page 3 of 7
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UNIVERSAL ENGINEERING SCIENCES, INC. 1E
Work Authorization/Proposal Acceptance Form
IF PROPOSAL IS ACCEPTED,SIGN BOTH FORMS,RETURN ONE FORM TO UNIVERSAL AND RETAIN ONE FOR YOUR FILES.
Universal Engineering Sciences, Inc. (UES) is pleased to provide the services described below. The purpose of this document is to
describe the terms under which the services will be provided and to obtain formal authorization.
PROJECT NAME: Harry Harris Park Jetty Improvements
PROJECT LOCATION: 50 East Beach Road Tavernier, FL
CLIENT NAME: CPH, Inc.(Corporate) Attn:Kyle Bechtelheimer Phone: 305-274-4805
CLIENT ADDRESS: 500 West Fulton Street Sanford, FL 32771 Email: kbechtelheimer@cphoorp.com
I. Scope of Services and Understanding of Project(See attached proposal or as indicated below)
UES Opportunity No.: 2130.1119.00019
Geotechnical Exploration...........................................................$4,010.00
II. Contract Documents. The following documents form part of this Agreement and are incorporated herein by referral:
A. UES General Conditions. B.UES Proposal Dated: November 25,2019
B. Plans, reports,specifications and other documents provided by the Client prior to this Agreement date.
C. Other exhibits marked and described as follows: Exhibit
In the event of any inconsistency or conflict among the Contract Documents, the provision in the Contract Document first listed
above shall govern.
III. Authority to proceed and for payment. (To be completed by Client)
If the invoice is to be mailed for approval to someone other than the account charged, please indicate where, below:
Social Security Number or
Firm: Federal Identification No.:
Address: City: Zip:
Attention: Title:
IN WITNESS WHEREOF,the parties have caused this agreement to be executed by their duly authorized representatives
CLIENT UNIVERSAL ENGINEERING SCIENCES,INC.
BY(Signature) ..... BY(Signature)
TYPED NAME TYPED NAME
TITLE TITLE
DATE DATE
Return Executed Copies to: Universal Engineering Sciences,Inc.
9960 NW 116w Way, Suite 8 e Medley, FL 33178
Phone(305)249-8434 a Fax(305)249-8479
Universal Engineering Sciences,Inc.
GENERAL CONDITIONS
SECTION 1: RE QNSIBILITIES
1.1 Universal Engineering Sciences,Inc.,("UES' ,has the responsibility for providing the services described under the Scope of Services section.The
work is to be performed according to accepted standards of care and is to be completed in a timely manner. The term "UES"as used herein
includes all of Universal Engineering Sciences,Incs agents,employees,professional staff,and subcontractors.
1.2 The Client or a duly authorized representative is responsible for providing UES with a clear understanding of the project nature and scope. The
Client shall supply UES with sufficient and adequate information,including,but not limited to,maps,site plans, reports, surveys and designs,to
allow UES to properly complete the specified services.The Client shall also communicate changes in the nature and scope of the project as soon
as possible during performance of the work so that the changes can be incorporated into the work product.
1.3 The Client acknowledges that UES's responsibilities in providing the services described under the Scope of Services section is limited to those
services described therein,and the Client hereby assumes any collateral or affiliated duties necessitated by or for those services.Such duties may
include, but are not limited to, reporting requirements imposed by any third party such as federal, state, or local entities, the provision of any
required notices to any third party,or the securing of necessary permits or permissions from any third parties required for UES's provision of the
services so described,unless otherwise agreed upon by both parties.
1.4 Universal will not be responsible for scheduling our services and will not be responsible for tests or inspections that are not performed due to a
failure to schedule our services on the project or any resulting damages.
1.5 PURSUANT TO FLORIDA STATUTES §558.0035, ANY INDIVIDUAL EMPLOYEE OR
AGENT OF UES MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.
SECTION 2: TANDARD OF CARE
2.1 Services performed by UES under this Agreement will be conducted in a manner consistent with the level of care and skill ordinarily exercised by
members of UES's profession practicing contemporaneously under similar conditions in the locality of the project. No other warranty,express or
implied,is made.
2.2 The Client recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or other explorations are
made, and that site conditions may change with time. Data, interpretations, and recommendations by UES will be based solely on information
available to UES at the time of service. UES is responsible for those data, interpretations,and recommendations,but will not be responsible for
other parties'interpretations or use of the information developed.
2.3 Execution of this document by UES is not a representation that UES has visited the site, become generally familiar with local conditions under
which the services are to be performed, or correlated personal observations with the requirements of the Scope of Services. It is the Client's
responsibility to provide UES with all information necessary for UES to provide the services described under the Scope of Services,and the Client
assumes all liability for information not provided to UES that may affect the quality or sufficiency of the services so described.
2.4 Should UES be retained to provide threshold inspection services under Florida Statutes §553.79, Client acknowledges that UES's services
thereunder do not constitute a guarantee that the construction in question has been properly designed or constructed,and UES's services do not
replace any of the obligations or liabilities associated with any architect,contractor,or structural engineer.Therefore it is explicitly agreed that the
Client will not hold UES responsible for the proper performance of service by any architect, contractor, structural engineer or any other entity
associated with the project.
SECTION 3: SITE ACCESS AND SITE CONDITIONS
3.1 ClieThe Client ill grant or obtainfree access
c a site for all equipment and personnel necessary for UES to perform the work set forth in this Agreement.
ty any possessors of the project site that Client has granted UES free access to the site. UES will take reasonable
precautions to minimize damage to the site, but it is understood by Client that, in the normal course of work, some damage may occur,and the
correction of such damage is not part of this Agreement unless so specified in the Proposal.
3.2 The Client is responsible for the accuracy of locations for all subterranean structures and utilities. UES will take reasonable precautions to avoid
known subterranean structures,and the Client waives any claim against UES,and agrees to defend,indemnify,and hold UES harmless from any
claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or
accurately located. In addition, Client agrees to compensate UES for any time spent or expenses incurred by UES in defense of any such claim
with compensation to be based upon UES's prevailing fee schedule and expense reimbursement policy.
SECTION 4: SAMPLE OWNERSHIP AND DISPOSAL
4.1 Soil or water samples obtained from the project during performance of the work shall remain the property of the Client.
4.2 UES will dispose of or return to Client all remaining soils and rock samples 60 days after submission of report covering those samples. Further
storage or transfer of samples can be made at Client's expense upon Client's prior written request.
4.3 Samples which are contaminated by petroleum products or other chemical waste will be returned to Client for treatment or disposal,consistent with
all appropriate federal,state,or local regulations.
SECTION 5: BILLING AND PAYMENT
5.1 UES will submit invoices to Client monthly or upon completion of services. Invoices will show charges for different personnel and expense
classifications.
5.2 Payment is due 30 days after presentation of invoice and is past due 31 days from invoice date. Client agrees to pay a finance charge of one and
one-half percent(1 Y2%)per month,or the maximum rate allowed by law,on past due accounts. _
5.3 If UES incurs any expenses to collect overdue billings on invoices,the sums paid by UES for reasonable attorneys'fees,court costs, UES's time,
UES's expenses,and interest will be due and owing by the Client.
SECTION 6: OWNERSHIP AND USE OF DOCUMENTS
6.1 All reports,boring logs,field data,field notes,laboratory test data,calculations,estimates,and other documents prepared by UES,as instruments
of service,shall remain the property of UES.
6.2 Client agrees that all reports and other work furnished to the Client or his agents,which are not paid for,will be returned upon demand and will not
be used by the Client for any purpose.
6.3 UES will retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which
period the records will be made available to the Client at all reasonable times.
6.4 All reports, boring logs,field data,field notes, laboratory test data,calculations,estimates,and other documents prepared by UES,are prepared
for the sole and exclusive use of Client,and may not be given to any other party or used or relied upon by any such party without the express
written consent of UES.
SECTION 7: DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS
ED
7.1 Client warrants that a reasonable effort has been made to inform LIES of known or suspected hazardous materials on or near the project site.
7.2 Under this agreement,the term hazardous materials include hazardous materials(40 CFR 172.01),hazardous wastes(40 CFR 261.2),hazardous
substances(40 CFR 300.6),petroleum products,polychlorinated biphenyls,and asbestos.
7.3 Hazardous materials may exist at a site where there is no reason to believe they could or should be present. LIES and Client agree that the
discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work. LIES and Client
also agree that the discovery of unanticipated hazardous materials may make it necessary for LIES to take immediate measures to protect health
and safety. Client agrees to compensate LIES for any equipment decontamination or other costs incident to the discovery of unanticipated
hazardous waste.
7.4 LIES agrees to notify Client when unanticipated hazardous materials or suspected hazardous materials are encountered. Client agrees to make
any disclosures required by law to the appropriate governing agencies. Client also agrees to hold LIES harmless for any and all consequences of
disclosures made by LIES which are required by governing law. In the event the project site is not owned by Client,Client recognizes that it is the
Client's responsibility to inform the property owner of the discovery of unanticipated hazardous materials or suspected hazardous materials.
7.5 Notwithstanding any other provision of the Agreement,Client waives any claim against LIES,and to the maximum extent permitted by law,agrees
to defend, indemnify, and save LIES harmless from any claim, liability, and/or defense costs for injury or loss arising from UES's discovery of
unanticipated hazardous materials or suspected hazardous materials including any costs created by delay of the project and any cost associated
with possible reduction of the property's value. Client will be responsible for ultimate disposal of any samples secured by LIES which are found to
be contaminated.
SE TION 8: RISK ALLOCATION
8.1 Client agrees that UES's liability for any damage on account of any breach of contract, error, omission or other professional negligence will be
limited to a sum not to exceed$50,000 or UES's fee,whichever is greater. If Client prefers to have higher limits on contractual or professional
liability, LIES agrees to increase the limits up to a maximum of$1,000,000.00 upon Client's written request at the time of accepting our proposal
provided that Client agrees to pay an additional consideration of four percent of the total fee, or$400.00,whichever is greater. The additional
charge for the higher liability limits is because of the greater risk assumed and is not strictly a charge for additional professional liability insurance.
SECTION : INSURANCE
9.1 LIES
t represents
and warrants that it and its agents,staff and consultants employed by it,is and are protected by worker's compensation insurance
and s such coverage under public liability and property damage insurance policies which LIES deems to be adequate. Certificates for
all such policies of insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance, LIES agrees to
indemnify and save Client harmless from and against loss,damage,or liability arising from negligent acts by LIES,its agents,staff,and consultants
employed by it. LIES shall not be responsible for any loss,damage or liability beyond the amounts,limits,and conditions of such insurance or the
limits described in Section 8,whichever is less. The Client agrees to defend,indemnify and save LIES harmless for loss,damage or liability arising
from acts by Client,Client's agent,staff,and other UESs employed by Client.
SECTION 10: DISPUTE RESOLUTION
10.1 All claims, disputes, and other matters in controversy between LIES and Client arising out of or in any way related to this Agreement will be
submitted to alternative dispute resolution(ADR)such as mediation or arbitration,before and as a condition precedent to other remedies provided
by law,including the commencement of litigation.
10.2 If a dispute arises related to the services provided under this Agreement and that dispute requires litigation instead of ADR as provided above,
then:
(a) the claim will be brought and tried in judicial jurisdiction of the court of the county where UES's principal place of business is located and
Client waives the right to remove the action to any other county or judicial jurisdiction,and
(b) The prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys'fees, and
other claim related expenses.
SECTION 11: TERMINATION
11.1 This agreement may be terminated by either party upon seven (7)days written notice in the event of substantial failure by the other party to
perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration
of the period specified in the written notice. In the event of termination, LIES shall be paid for services performed to the termination notice date
plus reasonable termination expenses.
11.2 In the event of termination, or suspension for more than three(3)months, prior to completion of all reports contemplated by the Agreement, LIES
may complete such analyses and records as are necessary to complete its files and may also complete a report on the services performed to the
date of notice of termination or suspension. The expense of termination or suspension shall include all direct costs of LIES in completing such
analyses,records and reports.
SECTION 12: ASSIGNS
12.1 Neither the Client nor LIES may delegate,assign,sublet or transfer their duties or interest in this Agreement without the written consent of the other
party.
SECTION 13. GOVERNING LAW AND SURVIVAL
13.1 The laws of the State of Florida will govern the validity of these Terms,their interpretation and performance.
13.2 If any of the provisions contained in this Agreement are held illegal,invalid,or unenforceable,the enforceability of the remaining provisions will not
be impaired. Limitations of liability and indemn-ifies will survive termination of this Agreement for any cause.
SECTION 14. INTEGRATION CLAUSE
14.1 This Agreement represents and contains the entire and only agreement and understanding among the parties with respect to the subject matter of
this Agreement, and supersedes any and all prior and contemporaneous oral and written agreements, understandings, representations,
inducements, promises, warranties, and conditions among the parties. No agreement, understanding, representation, inducement, promise,
warranty, or condition of any kind with respect to the subject matter of this Agreement shall be relied upon by the parties unless expressly
incorporated herein.
14.2 This Agreement may not be amended or modified except by an agreement in writing signed by the party against whom the enforcement of any
modification or amendment is sought.
Rev.06110115