HomeMy WebLinkAboutItem III (B) Acceptance and Auth. for Mayor and City Clerk to Execute Continuing Geotechnical Contracts with a) LJ Nodarse & Associates, Inc. b) Prof. Ser. Industries, Inc Jammal & Associate Div. c) Universal Eng. Science Inc AGENDA 1-4-94
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANG " Item III B
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COMM
CITY OF OCOEE RUSTYJOo ON
G 150 N.LAIESHORE DRIVE 1 PAUL W.FOSTER
OCOEE FLORIDA 34761-2258 VERN COMBS
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61 G000 QTY MANAGER
ELLIS SHAPIRO
TO: The Honorable Mayor and Board of City Commissioners
FROM: Montye Beamer, Director /7'y;
Administrative Services
Date: December 29, 1993
RE: CONTRACTS FOR PROFESSIONAL GEOTECHNICAL ENGINEERING AND
TESTING SERVICES
On December 7 , 1993 the Commission voted to negotiate with the
three top-ranked geotechnical engineering and testing firms : ( 1 )
L .J . Nodarse & Associates , Inc. ; ( 2 ) Professional Service
Industries , Inc. /Jammal & Associates Division; ( 3 ) Universal
Engineering Sciences, Inc . The contract was included as part of
the request for proposal package; during presentations and further
discussions , no exceptions were taken to its language . Each firm
was asked to provide its hourly fee schedule which becomes Exhibit
B to the respective contracts .
Instead of including three individual contracts with identical
language this agenda item contains a blank contract and each firm' s
hourly fee schedule . Staff recommends the award for continuing
geotechnical engineering and testing services to the three firms .
The City Attorney prepared the contract .
ACTION REQUESTED
The Mayor and City Commissioners ( 1 ) award continuing service
contracts for professional geotechnical engineering and testing
to: (a) Nodarse & Associates , Inc. ; (b) Professional Service
industries , Inc . Jammal & Associates Division; (c) Universal
Engineering Sciences, Inc . and ( 2 ) authorize the Mayor and City
Clerk to execute .
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PROFESSIONAL GEOTECHNICAL ENGINEERING AND TESTING SERVICES
THIS CONTRACT made and entered into this day of
, 1993, by and between the CITY COMMISSION OF OCOEE,
FLORIDA, a political subdivision of the State of Florida,
hereinafter referred to as "CITY", and
, hereinafter referred to as
"CONSULTANT" .
PREMISES
WHEREAS, the CITY desires to retain a professional
geotechnical engineering and testing consultant to perform work on
a continuing basis for the City of Ocoee, Orange County, Florida,
when the need for such services may arise; and
WHEREAS, the CITY desires to employ the CONSULTANT in
connection with the geotechnical engineering and testing services
required, upon the terms and conditions hereinafter set forth, and
the CONSULTANT is desirous of obtaining such employment and of
performing such services upon said terms and conditions; and
WHEREAS, the CITY has given public notice of the professional
services to be rendered pursuant to this Contract, a copy of which
is attached hereto as Exhibit "A" and incorporated herein by
reference; and
WHEREAS, the selection of CONSULTANT has been made in
accordance with the provisions of the Consultant's Competitive
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r
Negotiation Act, Section 287.055, Florida Statutes, and this
Contract shall constitute a "continuing contract" as defined in
that Act;
NOW, THEREFORE, in consideration of the mutual covenants and
agreements hereinafter contained, it is agreed by and between the
parties hereto as follows:
I
SCOPE OF ENGINEERING SERVICES
CONSULTANT hereby agrees to perform for CITY the scope of
geotechnical engineering and testing services set forth in Exhibit
"A", which shall include, but not be limited to, (1) subsurface
groundwater mound analysis and groundwater modeling, including that
related to effluent disposal; (2) subsurface investigations prior
to construction projects; (3) soils testing for maximum densities
and compaction for construction projects; (4) concrete cylinder and
slump testing for construction projects; (5) services related to
the removal of underground storage tanks and assessments of
contamination; (6) installation and abandonment of water supply
wells; and (7) other related services requiring geotechnical
engineering or testing, as requested by the CITY through the
issuance of an Addendum to this Contract.
CONSULTANT shall perform such services in accordance with the
terms and conditions of this Contract and with applicable
regulations and requirements of all interested government agencies.
It is expressly understood, however, that the CITY shall have no
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obligation to authorize CONSULTANT to perform any services under
this Contract, and may, in its sole discretion, retain other
consultants to perform any or all of the services authorized under
this Contract.
All services to be performed by CONSULTANT shall be authorized
by issuance of an Addendum to this Contract, or an amendment to any
prior Addendum issued by the CITY (the terms "Addendum" or
"Addenda" as used throughout this Contract shall include amendments
to addenda, unless otherwise specified) .
CONSULTANT agrees to retain the necessary qualified personnel
acceptable to the CITY to perform all services for the CITY
pursuant to this Contract and any Addenda hereto. All personnel,
while engaged in CONSULTANT's business for the CITY, shall conduct
themselves in a professional manner. CONSULTANT further agrees
promptly to remove any personnel from performing services as the
CITY shall request in writing (which request may be made by the
CITY with or without cause) , and promptly to replace such personnel
with other of CONSULTANT's personnel of comparable experience who
shall be approved in writing by the CITY. CONSULTANT agrees to
include a similar provision in its agreements with any and all
Subconsultants.
II
COMPENSATION
A. METHOD OF PAYMENT: For services rendered by CONSULTANT, CITY
shall pay CONSULTANT by one of the following methods: (i) a lump
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sum amount; or (ii) per diem or hourly rates which will be the
basis, along with reimbursable expenses, for establishing a Not-to-
Exceed amount. Hourly rates to be used for any Not-to-Exceed
Addendum shall be those set forth in Exhibit B hereto. For Not-
to-Exceed Addenda, CITY shall reimburse CONSULTANT for the cost of
permissible out-of-pocket expenses (hereinafter referred to as
"Reimbursable Expenses") incurred by CONSULTANT in the performance
of services. A Reimbursable Expenses budget, if required, shall be
included within each Addendum. Reimbursable Expenses shall include,
but not be limited to, reproduction, presentation materials and
supplies, photography and video, travel, postage, overnight or
express mail, long distance telephone, and facsimile costs. All
travel and per diem charges shall not exceed the limits as set
forth in Section 112.061, Florida Statutes, as set forth in
"Exhibit C", which is attached to this Contract.
B. PROGRESS PAYMENTS: Progress payments shall be due and payable
monthly in proportion to the services approved and accepted, in
writing, by the CITY, which have been previously authorized in an
Addendum. All requests for payment must identify that portion of
the scope of services described in the Addenda authorizing said
services for which payment is requested. Payment requests shall be
submitted no later than the of the month to
the City Engineer's designated representative. Ten
percent of the monthly progress payments for each Addendum will be
withheld from CONSULTANT as retainage until such time as one-half
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of the services authorized by the applicable Addendum have been
provided. At such time, one-half of the retainage associated with
said Addendum will be released to the CONSULTANT if and only if
CONSULTANT is properly performing its services in a timely manner.
Thereafter, five percent of all future progress payments for such
Addendum will be withheld until such time as CONSULTANT has
achieved satisfactory completion of all services authorized by said
Addendum, at which time all retainages will be released to
CONSULTANT.
C. SUSPENSION OF PROGRESS PAYMENTS BY CITY: In the event the
CONSULTANT falls behind the project completion schedule submitted
for any Addendum, no further progress payments for such Addendum
will be made until the CONSULTANT brings the project back on
schedule, or a revised schedule is submitted and approved, or until
all work has been completed and accepted by the CITY. Falling
behind on project completion for any Addendum shall be sufficient
cause for the CITY to withhold progress payments on all Addenda on
which CONSULTANT is working at the time.
D. PAYMENT IN EVENT OF TERMINATION BY CITY: In the event this
Contract is terminated or canceled prior to completion, payment
shall be made in accordance with the provisions of Article V.
E. CHANGES IN SCOPE; ALLOWANCE OF ADDITIONAL COMPENSATION: If
instructed to do so by the CITY, the CONSULTANT shall change or
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revise work that has already been performed for any Addendum
authorized by this Contract, and if such work is not required as a
result of error, omission or negligence of the CONSULTANT, the
CONSULTANT may be entitled to additional compensation. In all
disputes arising over the right to additional compensation, the
CITY shall be the party to determine whether substantial acceptable
work has been done on documents such that changes, revisions or
preparation of additional documents will result in additional
compensation to the CONSULTANT. For changes in scope for which the
CONSULTANT is entitled to additional compensation, such
compensation will be authorized on a not to exceed basis using
estimated hours and hourly rates by classification set forth in
Exhibit B, or a lump sum basis, at the discretion of the CITY. The
fee shall be agreed upon before commencement of any additional
work, and shall be incorporated by written amendment to the
applicable Addendum to this Contract.
F. REDUCED SCOPE OF SERVICES. The CITY shall have the right, by
written notice to CONSULTANT, to reduce the scope of services to be
rendered under any Addenda issued hereunder. In the event the
scope of services are reduced by the CITY, CONSULTANT shall notify
the CITY promptly after receipt of the notice and in writing of the
amount by which the total compensation for that particular project
should be reduced. The reduction in compensation shall be
calculated on the basis of CONSULTANT's labor estimates and labor-
hour costs for such services and the related Reimbursable Expenses.
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CONSULTANT's notice to the CITY shall show this calculation in
reasonable detail. The CITY shall have thirty (30) days after
receipt of CONSULTANT's calculation of compensation reduction to
notify CONSULTANT in writing of its objection to the amount of
compensation reduction, together with the CITY's determination of
the proper amount of compensation reduction. The parties shall
promptly resolve the matter by mutual agreement.
G. ADJUSTMENT TO FEES. CONSULTANT represents and warrants that
all billable hourly rates furnished by CONSULTANT to the CITY shall
be accurate, complete and current as of the date furnished.
CONSULTANT further covenants and agrees that all billing rates and
other factual unit costs furnished by CONSULTANT to the CITY to
support any lump sum amount, or per diem or hourly rates, which the
CITY agrees to pay for any services shall be accurate, complete and
current as of the date of the Addendum to this Contract authorizing
CONSULTANT to perform such services. In addition to any other
rights or remedies available to the CITY, the CITY shall have the
right to adjust the fee payable to CONSULTANT for any services in
order to exclude any significant sums by which the CITY determines
such fee was increased due to inaccurate, incomplete, or non-
current billing rates and other factual unit costs, provided that
such adjustment is made by the CITY within one year from the date
of payment by the CITY of CONSULTANT's final monthly statement for
the services to which the adjustment relates.
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III
CITY'S RIGHTS AND RESPONSIBILITIES
The CITY shall:
A. Furnish the CONSULTANT with information in its possession
and control necessary or useful in connection with the
performance of services authorized by Addendum to this
Contract, as CONSULTANT may reasonably request. All such
information shall be and remain the property of the CITY,
and shall be returned to the CITY upon completion of the
services to be performed by the CONSULTANT.
B. Make CITY personnel available on a time-permitting basis,
where required and necessary to assist the CONSULTANT in
the performance of services authorized by Addenda to this
Contract. The availability and necessity of said
personnel to assist the CONSULTANT shall be determined
solely within the discretion of the CITY.
C. CITY'S APPROVAL SHALL NOT RELIEVE CONSULTANT OF
RESPONSIBILITY: Approval by CITY of data, designs,
specifications, calculations, estimates, plans, drawings,
construction documents, photographs, reports, memoranda,
other documents and instruments, and engineering work or
materials furnished hereunder shall not in any way
relieve CONSULTANT of responsibility for technical
adequacy and accuracy of its work. Neither CITY's
review, approval or acceptance of, nor payment for any of
the services shall be construed to operate as a waiver of
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any of CITY'S rights under this Contract, or of any cause
of action it may have arising out of the performance of
this Contract.
IV
CITY'S DESIGNATED REPRESENTATIVE
It is understood and agreed that the CITY designates the CITY
ENGINEER, or his designated representative, to represent the CITY
in all technical matters pertaining to and arising from the work
and performance of this Contract. The CITY ENGINEER, or his
designated representative, shall have the following
responsibilities:
1. Examination of all reports, sketches, drawings,
estimates, proposals, and other documents presented by
the CONSULTANT and rendering, in writing, decisions
indicating the CITY's approval or disapproval within a
reasonable time so as not to materially delay the work of
the CONSULTANT;
2. Transmission of instruction, receipt of information, and
interpretation and definition of CITY policies and
decisions with respect to the matters pertinent to the
work covered by this Contract;
3. Giving prompt written notice to the CONSULTANT whenever
the CITY observes, or otherwise becomes aware of, any
defects or changes necessary in CONSULTANT's services
pursuant to this Contract;
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4. Following the CONSULTANT's preparation of any necessary
applications to governmental bodies, to arrange for
submission of such applications; and
5. Approval in advance of all key personnel to be used by
CONSULTANT in rendering services pursuant to this
Contract.
V
TERMINATION OF CONTRACT
A. TERM OF CONTRACT: This is a continuing contract, as defined
by Section 287.055 (2) (g) , Florida Statutes, and will remain in full
force and effect until terminated by either party hereto.
B. TERMINATION FOR CAUSE: The CITY retains the right to
terminate this Contract for good cause, within fifteen (15) days of
receipt by CONSULTANT of notice of the CITY's intent to terminate,
if:
1. Adequate progress on any aspect of CONSULTANT's
services is not being made by the CONSULTANT;
2. The quality of any work submitted by the CONSULTANT
is considered to be unacceptable. In such case,
the CITY's designated representative may, but is
not obligated to, send a certified letter stating
that the CONSULTANT show cause why the Contract
should not be terminated;
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3 . The CONSULTANT or any employee or agent of the
CONSULTANT is indicted or has a direct information
issued against him for any crime arising out of or
in conjunction with any work that has been
performed by the CONSULTANT;
4. The CONSULTANT becomes involved in either voluntary
or involuntary bankruptcy proceedings, or makes an
assignment for the benefit of creditors; or
5. The CONSULTANT violates the Conflict of Interest
provisions of Article X.
CONSULTANT shall also be entitled to terminate this Contract for
cause, following fifteen (15) days prior notice, in the event the
CITY has substantially failed to fulfill its obligations under this
Contract, through no fault of CONSULTANT, and has failed to cure or
begin curing such substantial non-compliance within the fifteen
(15) day notice period. In the event of termination for cause, the
entire Contract, including work being performed under any
previously authorized Addenda, shall be terminated. CONSULTANT's
liability and obligations to the CITY arising from CONSULTANT's
improper acts or omissions shall survive the termination of this
Contract.
B. TERMINATION FOR CONVENIENCE: The CITY shall have the right at
any time to terminate this Contract, or any Addenda issued under
this Contract without cause. When such termination is deemed
necessary, the CITY ENGINEER shall notify the CONSULTANT of such
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termination in writing, with instructions as to the effective date
of termination (which shall not be less than fifteen (15) calendar
days from the date of the notice) , or specify the state of work at
which the Contract, or any Addenda issued hereunder, is to be
terminated.
C. PAYMENT IN EVENT OF TERMINATION: If this Contract, or any
Addenda issued hereunder, is terminated before performance is
completed, the CONSULTANT shall be paid for the work satisfactorily
performed. Payment is to be on the basis of substantiated costs,
not to exceed an amount which is the same percentage of the total
authorized fee for the affected Addendum, as the amount of work
satisfactorily completed is a percentage of the total work called
for by such Addendum, qualified however, by any additional costs
incurred by the CITY as a result of such termination in event of
good cause. If termination for cause is effected by CITY, an
equitable adjustment in the price provided for in this Contract
shall be made, but no amount shall be allowed for profit for
services or other work performed. If termination for cause is
effected by CONSULTANT, or if termination for convenience is
effected by CITY, the equitable adjustment shall include a
reasonable profit for services or other work performed through the
date of termination. For any termination, no amounts shall be
included for anticipated profit for services or other work not
performed. The equitable adjustment for any termination shall
provide for payment to CONSULTANT for termination settlement costs
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reasonably incurred by CONSULTANT relating to legally binding
written commitments which were entered into prior to the
termination.
D. ACTION FOLLOWING TERMINATION AND PRIOR TO FINAL PAYMENT:
1. Upon receipt of notice of termination, the CONSULTANT
shall:
a. Promptly discontinue all services, unless the
notice provides otherwise, and
b. Deliver or otherwise make available to the CITY all
reports, drawings, plans, specifications, and other
data and documents that have been obtained or
prepared by the CONSULTANT in performing its
services under this agreement, regardless of
whether the work on such documents has been
completed or is in progress.
2 . No payment in event of termination shall be made by the
CITY until CONSULTANT's fulfillment of the above conditions
precedent.
3. Whether the Contract or any Addendum hereunder is
terminated for cause or for convenience, the CITY may take over the
services which were being performed by the CONSULTANT under some or
all of the Addenda issued under this Contract and may perform such
services to completion by agreement with another party or
otherwise. In so doing, the CITY shall not waive any rights it may
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have against CONSULTANT arising out of CONSULTANT's performance
hereunder.
VI
INDEMNITY AND INSURANCE REQUIREMENTS
A. INDEMNIFICATION: If there are any claims for damages
directly attributable to the negligence, errors or omissions of the
CONSULTANT, its agents, subconsultants or employees, or anyone for
whose acts they may be liable, while providing the services called
for herein, it is understood and agreed the CONSULTANT shall
indemnify and hold harmless the CITY, and its members (including
City Commission members) , officers, employees, independent
contractors and agents from any and all losses, costs, liability,
damages and expenses arising, growing out of or in any way
connected with such claims or litigation asserted as a result
thereof, regardless of any negligence on the part of one or more
parties indemnified hereunder. However, the CONSULTANT's
indemnification obligations to the CITY, its members, officers,
employees, independent contractors or agents in the event of joint
negligence shall be limited to the CONSULTANT'S proportional share
of the total amount of damages, losses and expenses equal to its
relative degree of fault. The CITY agrees to give the CONSULTANT
reasonable notice of any suit or claim for which indemnification
will be sought hereunder, in order to allow the CONSULTANT or its
insurer to compromise and defend the same to the extent of its
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interests, and to reasonably cooperate with the CONSULTANT's
defense of any such suit or claim.
It is agreed and acknowledged that CONSULTANT has received
from the CITY the sum of TEN AND NO/100 DOLLARS ($10.00) , together
with other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by CONSULTANT, which
has been paid by the CITY to the CONSULTANT for each of the
indemnification provisions set forth herein and/or the remaining
indemnification provisions of this Contract. In any and all claims
against the CITY, or any of its members, officers, employees,
independent contractors or agents by any employee of the
CONSULTANT, any Subconsultant, anyone directly or indirectly
employed by any of them, or anyone for whose acts any of them may
be liable, the indemnification obligations under this Section shall
not be limited in any way by any limitation on the amount or type
of damages, compensation or benefit payable by or for the employing
or responsible party under Workers' Compensation Acts, disability
benefit acts or other employee benefit acts.
The indemnification provisions of this Section shall survive
the expiration or termination of this Contract with respect to any
acts or omissions occurring during the term of the Contract. The
indemnification obligations set forth herein shall bind the
CONSULTANT'S successors and assigns and all of the provisions of
this Section shall survive termination of the CONTRACT. The
representations and indemnifications made in this Section have been
relied upon by the CITY in entering into this Contract, and shall
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not, in any way, be affected or reduced by any information with
which the CITY has been provided or may otherwise obtain in the
future.
B. INSURANCE REOUIREMENTS: The CONSULTANT will obtain or possess
the following insurance coverage, and will provide Certificates of
Insurance to the CITY prior to commencing operations under the
Contract to verify such coverage. The CONSULTANT agrees that the
CITY will be included as an additional insured on all such policies
provided pursuant to this Contract. The insurance coverage shall
contain a provision which forbids any changes or material
alterations in the coverage without providing thirty (30) days
prior notice to the CITY.
1. Workers' Compensation - The CONSULTANT will provide
Workers' Compensation for all employees at the site
location, and, in case any work is subcontracted, will
require the Subcontractor to provide Workers'
Compensation for all his employees. The limits will be
statutory for Workers' Compensation and $100, 000 for
Employers' Liability.
2 . Comprehensive General Liability - The CONSULTANT will
provide coverage for all operations including, but not
limited to, Contractual, Products and completed
Operations, and Personal Injury. The limits will be not
less than $2, 000,000 Combined Single Limit or its
equivalent.
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3. Comprehensive Automobile Liability - The CONSULTANT will
provide coverage for all owned and non-owned vehicles for
limits of not less than $500,000 Combined Single Limit or
its equivalent.
4. Professional Liability - The CONSULTANT shall maintain
professional liability insurance in the amount of
$1, 000,000 (deductible permitted not in excess of
$50,000) , providing all sums which the CONSULTANT shall
be legally obligated to pay as damages for claims arising
out of the services performed by the CONSULTANT or any
person employed by him in conjunction with this Contract.
5. Proof of Insurance - The CONSULTANT will furnish
Certificates of Insurance to the CITY ENGINEER. The
certificates shall clearly indicate that the CONSULTANT
has obtained insurance of the type, amount and
classification required by these provisions. No material
change or cancellation of the insurance shall be
effective without a thirty (30) day prior written notice
to and approved by the CITY.
VII
TRUTH IN NEGOTIATION CERTIFICATE
The CONSULTANT hereby certifies, covenants and warrants that
wage rates and other factual unit costs supporting the compensation
provided for in this Contract are accurate, complete and current as
of the date of negotiation. It is further agreed that the contract
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price shall be adjusted to exclude any significant sums where the
CITY determines the contract price was increased due to inaccurate,
incomplete or non-current wage rates and other factual unit costs.
All such contract adjustments shall be made within one year
following the end of the Contract. For the purpose of this
paragraph, the end of the Contract shall be deemed to be the date
of final acceptance of any work authorized hereunder by the CITY.
Records of costs incurred under terms of this Contract shall be
maintained and made available to the CITY to examine, audit, and
make transcripts therefrom or copies thereof, during the period of
this Contract and for one year after final payment is made.
VIII
OWNERSHIP OF DOCUMENTS
It is understood and agreed that all documents, including
detailed reports, plans, original drawings, survey field notebooks,
and all other data prepared or obtained by the CONSULTANT in
connection with its services hereunder, shall be delivered to and
shall become the property of the CITY prior to final payment to the
CONSULTANT. All documents including any final reports prepared by
the CONSULTANT pursuant to this Contract are intended or
represented to be suitable for reuse by the CITY or others.
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IB
WORK COMMENCEMENT/PROGRESS/DELAYS
A. COMMENCEMENT AND TERM OF JOBS: The services to be rendered by
the CONSULTANT under any authorized Addendum shall be commenced
subsequent to the execution of such Addendum and upon written
notice to proceed from the CITY ENGINEER. Services shall be
completed within any performance periods specified in the Addenda.
Failure to promptly proceed with authorized work, or to complete
authorized work in a timely fashion, shall be cause for termination
of this Contract and any and all Addenda issued hereunder.
B. MONITORING PERIOD DEADLINES: Monitor period schedules may be
utilized in authorized Addenda approved by the CITY. The purpose
of said monitor period schedules is to:
1. Provide monitoring reporting deadlines for the CONSULTANT
upon which the CITY may rely;
2 . Provide guidance for the CITY in honoring the
CONSULTANT'S monthly invoices for progress payments
called for in Article II (B) hereof; and
3. Provide a framework against which the CITY may suspend
progress payments as provided in Article II(C) hereof.
C. CONFERENCES: The CITY will be entitled at all times to be
advised, at its request, as to the status of work being done by the
CONSULTANT and of the details thereof. Coordination shall be
maintained by the CONSULTANT with representatives of the CITY, or
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of other agencies interested in the survey on behalf of the CITY.
Either party to the Contract may request and be granted conference.
D. DELAYS NOT FAULT OF CONSULTANT; DISCRETIONARY EXTENSIONS OF
COMPLETION TIME BY CITY: In the event there are delays on the part
of the CITY as to the approval of any of the materials submitted by
the CONSULTANT under any Addenda issued hereunder, or if there are
delays occasioned by circumstance beyond the control of the
CONSULTANT which delay the completion date of any Addenda issued
hereunder, the CITY ENGINEER may grant to the CONSULTANT, by
"Letter of Approval of Contract Schedule", an extension of the time
or revision to the Project Schedule, equal to the aforementioned
delays, provided there are no changes in compensation or scope of
work for such Addenda. It shall be the responsibility of the
CONSULTANT to ensure at all times that sufficient contract time
remains within which to complete services on any project authorized
by an Addendum hereto. In the event there have been delays on any
project authorized hereunder which would affect the project
completion date, the CONSULTANT shall submit a written request to
the CITY which identifies the reason(s) for the delay and the
amount of time related to each reason. The CITY will review the
request and make a determination as to granting all or part of the
requested extension for the affected project.
E. SUSPENSION OF WORK BY CITY:
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1. RIGHT OF CITY TO SUSPEND WORK AND ORDER RESUMPTION. The
performance of CONSULTANT's services on any or all Addenda
authorized hereunder may be suspended by the CITY at any time.
However, in the event the CITY suspends the performance of
CONSULTANT's services hereunder, it shall so notify the
CONSULTANT in writing, such suspension becoming effective upon
the date of its receipt by CONSULTANT. The CITY shall
promptly pay to the CONSULTANT all fees which have become due
and payable to the CONSULTANT prior to the effective date of
such suspension. CITY shall thereafter have no further
obligation for payment to the CONSULTANT unless and until the
CITY notifies the CONSULTANT that the services of the
CONSULTANT called for hereunder are to be resumed. Upon
receipt of written notice from the CITY that the CONSULTANT's
services hereunder are to be resumed, CONSULTANT shall, in
that event, be entitled to payment of the remaining unpaid
compensation which becomes payable to him under this Contract,
same to be payable in the manner specified herein. In no
event will the compensation or any part thereof become due or
payable to CONSULTANT under this Contract unless and until
CONSULTANT has attained that stage or work where the same
would be due and payable to CONSULTANT under the provision of
this Contract.
2 . RENEGOTIATION BY CONSULTANT: RIGHT TO TERMINATE: If the
aggregate time of the CITY's suspension or suspension of
CONSULTANT's services on any single Addendum authorized hereunder
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exceed one hundred-twenty (120) days, then CONSULTANT and CITY
shall, upon request of CONSULTANT, meet to assess the services
remaining to be performed for such Addendum and the total fees paid
to CONSULTANT hereunder. The parties shall then have the
opportunity of negotiating a change in fees for such Addendum to be
paid to the CONSULTANT for the balance of the services to be
performed hereunder. No increase in fees to the CONSULTANT shall
be allowed unless it is based upon clear and convincing evidence of
an increase in CONSULTANT's costs for the work authorized by said
Addendum attributable to the aforesaid suspensions. If an increase
in the CONSULTANT's cost is demonstrated by clear and convincing
evidence and the CITY refuses to increase said fees, CONSULTANT may
terminate such Addendum by delivering without notice thereof the
CITY within ten (10) days after the CITY has given notice of its
refusal to increase said fees.
STANDARDS OF CONDUCT
A. Solicitation and Fee Splitting. The CONSULTANT warrants
that he has not employed or retained any company or person, other
than a bona fide employee working solely for the CONSULTANT, to
solicit or secure this Contract and that he has not paid or agreed
to pay any person, company, corporation, individual or firm other
than a bona fide employee working solely for the CONSULTANT any
fee, commission, percentage, gift or any other consideration,
contingent upon or resulting from the award of this Contract.
- 22 -
B. Compliance With Applicable Law and Regulations. T h e
CONSULTANT shall comply with all Federal, State and local laws and
ordinances in effect on the date of this Contract and applicable to
the work or payment for work thereof, and shall not discriminate on
the grounds of race, color, religion, sex or national origin in the
performance of work under this Contract. CONSULTANT shall procure
and keep in force during the term of this Contract all necessary
licenses, registrations, certificates, permits and other
authorizations as are required by law in order for CONSULTANT to
render its services hereunder. CONSULTANT shall also require all
of its Subconsultants to comply with the provisions of this
paragraph.
C. Conflicts of Interest. The CONSULTANT hereby certifies that
no undisclosed conflict of interest exists with respect to the
present Contract, including any conflicts that may be due to
representation of other clients, other contractual relationships of
the CONSULTANT, or any interest in property which the CONSULTANT
may have. The CONSULTANT further certifies that any apparent
conflict of interest that arises during the term of this Contract
will be immediately disclosed in writing to the CITY. Violation of
this section will be considered as justification for immediate
termination of this Contract under the provisions of Article V.
D. CONSULTANT's Best Efforts and Standard of Performance.
CONSULTANT agrees to use its best efforts to perform all services
- 23 -
in such sequence, and in accordance with such reasonable time
requirements and reasonable written instructions as may be
requested or provided by CITY, and CONSULTANT agrees to perform all
such services in accordance with generally accepted standards of
the engineering, geotechnical consulting, or other applicable
professions, and in accordance with the terms of this Contract.
E. CONSULTANT Is Not the CITY's Agent. CONSULTANT is not
authorized to act as CITY's agent hereunder and shall have no
authority, express or implied, to act for or bind CITY hereunder,
either in CONSULTANT's relations with Sub-consultants or in any
other manner whatsoever.
F. CONSULTANT's Liability. CONSULTANT shall be and remain liable
in accordance with applicable law for all damages to the CITY
caused by the improper acts or omissions of CONSULTANT or by any
Subconsultants in performing any services hereunder. All
provisions of this Contract or any Addenda issued hereunder
specifying CONSULTANT's obligations and duties in performing
services shall apply equally to Subconsultant's services.
G. CONSULTANT's Obligation to Correct Errors or Omissions.
CONSULTANT agrees to be responsible for the professional quality,
technical adequacy and accuracy, timely completion, and
coordination of all data, designs, specifications, calculations,
estimates, plans, drawings, construction documents,
- 24 -
construction/remediation activities, photographs, reports,
memoranda, other documents and instruments, and other services
furnished by CONSULTANT hereunder. CONSULTANT shall, without
additional cost or expense to the CITY, correct or revise any
errors, omissions, or other deficiencies in the services performed
by CONSULTANT, resulting from the improper acts or omissions of
CONSULTANT.
H. CONSULTANT's Obligation to Repair Damaged Property.
CONSULTANT agrees to promptly repair, at its sole cost and expense
and in a manner acceptable to the CITY, any damage caused by the
improper acts or omissions of CONSULTANT to facilities operated or
controlled by CITY or any third party to which the CITY is
accountable, or any improvements or property located thereon. If
any damage is caused partially by improper acts or omissions of the
CITY, or a third party for whom the CONSULTANT is not responsible,
all parties shall bear their proportional share of the repair costs
based upon the parties' relative degree of fault.
I. Maintenance of Records. CONSULTANT shall maintain complete
and accurate records relating to services rendered pursuant to this
Contract. Records shall be kept in accordance with generally-
accepted accounting principles and practices consistently applied
and in a form reasonably acceptable to the CITY. Records and
invoices for services shall include all of the information required
in order to determine CONSULTANT's monthly hours for each employee
- 25 -
rendering any services hereunder, and shall identify the services
rendered by each employee in a manner acceptable to the CITY.
Records for Reimbursable Expenses shall identify the nature and
amount of each expense, the date on which it was incurred, and the
engineering task to which the expense relates.
XI
ASSIGNABILITY: EMPLOYMENT OF SPECIALISTS
A. Subconsultants. CONSULTANT shall have the right, with CITY's
prior written consent, which shall not unreasonably be withheld, to
employ other firms to serve as Subconsultants to CONSULTANT in
connection with CONSULTANT's performance of the services hereunder.
CONSULTANT agrees, at CITY's written request (which may be made by
CITY with or without cause) , promptly to terminate the services of
any such Subconsultant and promptly to replace each such terminated
firm with a person or firm of comparable experience approved by
CITY in writing. CONSULTANT further agrees promptly to cause
Subconsultants to remove any employees from the Project as CITY
shall request in writing, and promptly to replace each such
employee with another employee of comparable experience acceptable
to CITY. CONSULTANT agrees to include insurance and indemnity
requirements as set forth herein in any agreement with any such
Subconsultant for services to be rendered in connection with
CONSULTANT's performance of services. CONSULTANT agrees to pay
such Subconsultants for their services within fifteen (15) days
- 26 -
after CONSULTANT'S receipt of payments from CITY for work performed
by such Sub-consultants.
B. The CONSULTANT shall be responsible for the integration of all
Sub-consultants or outside engineers' work into the documents and
for all payments to such Sub-consultants or outside engineers from
the not to exceed fee heretofore stated. Services rendered by the
CONSULTANT in connection with the coordination of the services of
the aforementioned personnel shall be considered within the scope
of the basic Contract and no additional fee will be due the
CONSULTANT for such work. The CITY shall have no obligation to
reimburse CONSULTANT for the services rendered by Subconsultants in
connection with CONSULTANT's performance of services unless the
CITY has given prior written approval of the compensation to be
paid Subconsultants by the CONSULTANT.
C. All final plans and documents prepared by the CONSULTANT must
bear the endorsement of a person in the full employ of the
CONSULTANT and duly registered as a Professional Engineer in the
State of Florida.
D. The CONSULTANT shall not assign any interest in this Contract,
and shall not transfer any interest in the same without prior
written approval of the CITY, provided that claims for the money
due or to become due the CONSULTANT from the CITY under this
Contract may be assigned to a bank, trust company, or other
financial institution without such approval. Notice of any such
assignment or transfer shall be furnished promptly to the CITY.
- 27 -
XII
NOTICES
All notices required to be given to the CONSULTANT hereunder
shall be in writing and shall be given by United States Mail,
postage prepaid, addressed to:
All notices required to be given to CITY hereunder shall be in
writing and shall be given either by manual delivery to the City
Engineer or CITY or by United States Mail, postage prepaid,
addressed to:
City Engineer
City of Ocoee
150 North Lakeshore Drive
Ocoee, FL 34761
Any party may change its address for purposes of this
paragraph by written notice to the other party given in accordance
with the requirements of this paragraph.
XIII
REMEDIES: ATTORNEYS' FEES AND COSTS
All remedies provided in this Contract shall be deemed
cumulative and additional and not in lieu of or exclusive of each
other or of any other remedy available to any party at law or in
equity. In the event one party shall prevail in any action
(including appellate proceedings) , at law or in equity arising
hereunder, the losing party will pay all costs, expenses,
- 28 -
reasonable attorneys' fees and all other actual expenses incurred
in the defense and/or prosecution of any legal proceeding,
including, but not limited to those for paralegal, investigative,
legal support and expert witness testimony and analysis incurred by
the prevailing party referable thereto. In the event each party
shall partially prevail in such action, such costs, expenses,
reasonable attorneys' fees and other actual expenses incurred shall
be equitably apportioned between the parties by the court.
Any claim, dispute or other matter in question arising out of
or relating to this Contract or the breach thereof, except for
claims which have been waived pursuant to this Contract, shall be
brought only in the Circuit Court of the Ninth Judicial District in
and for Orange County, Florida, Orlando Division. Such claims,
disputes or other matters shall not be subject to arbitration
without the prior written consent of both CITY and CONSULTANT. The
parties hereby agree that process may be served on CONSULTANT and
CITY in the manner described in Section IX herein for giving
notices.
- 29 -
XIV
WAIVER OF CLAIMS
A. CONSULTANT and CITY hereby mutually waive any claim against
each other, their members, officers, agents and employees for
damages (including damages for loss of anticipated profits) caused
by any suit or proceedings brought by any third party directly or
indirectly attacking the validity of this Contract or any part
thereof, or any addendum hereto, or arising out of any judgment or
award in any suit or proceeding declaring this Contract or any
addendum hereto null, void, or voidable or delaying the same, or
any part thereof, from being carried out; provided, however, that
this waiver shall not prevent CONSULTANT from seeking to recover
the reasonable value of the services rendered by CONSULTANT prior
to the entry of such judgment or award.
B. Waiver of Provisions. The nonenforcement of any provision by
either party shall not constitute a waiver of that provision, nor
shall it affect the enforceability of that provision or the
remainder of the Contract.
XV
MEMBER PROTECTION: WAIVER
No recourse under or upon any obligation, covenant or
agreement contained in this Contract, or any other agreements or
documents pertaining to the services of CONSULTANT or any
Subconsultant hereunder, as such may from time to time be altered
- 30 -
or amended in accordance with the provisions hereof, or under any
judgment obtained against CITY, or by the enforcement of any
assessment or by any legal or equitable proceeding by virtue of any
statute or otherwise, under or independent of this Contract, shall
be had against any member (including City Commission members) ,
officer, employee or agent, as such, past, present or future of
CITY, either directly or through CITY or otherwise, for any claim
arising out of this Contract or the services rendered pursuant to
it, or for any sum that may be due and unpaid by CITY. Any and all
personal liability of every nature, whether at common law or in
equity, or by statute or by constitution or otherwise, of any CITY
member, officer, employee or agent as such, to respond by reason of
any act or omission on his or her part or otherwise for any claim
arising out of this Contract or the services rendered pursuant to
it, or for the payment for or to the CITY, or any receiver
therefore or otherwise, of any sum that may remain due and unpaid
by CITY, is hereby expressly waived and released as a condition of
and as consideration for the execution of this Contract.
BVI
HEADINGS
The headings of the sections of this Contract are for the
purpose of convenience only and shall not be deemed to expand or
limit the provisions contained in such sections.
- 31 -
XVII
ENTIRE AGREEMENT
This Contract, including the Exhibits hereto, constitutes the
entire agreement between the parties and shall supersede and
replace all prior agreements or understandings, written or oral,
relating to the matters set forth herein.
XVIII
AMENDMENT
This Contract shall not be amended or modified other than in
writing signed by the parties hereto.
XIX
VALIDITY
The validity, interpretation, construction and effect of this
Contract shall be in accordance with and be governed by the laws of
the State of Florida. In the event any provision hereof shall be
finally determined to be unenforceable, or invalid, such
unenforceability or invalidity shall not effect the remaining
provisions of this Contract which shall remain in full force and
effect.
- 32 -
a a
IN WITNESS WHEREOF, the parties hereto, by their duly
authorized officers, have caused this Contract to be executed and
their corporate seals to be affixed hereto, effective as of the day
and year first above written.
By:
Its:
(CORPORATE SEAL)
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING
APPROVED AS TO FORM AND LEGALITY HELD ON , 1993
this day of , 1993 . UNDER AGENDA ITEM NO.
FOLEY & LARDNER
By:
City Attorney
- 33 -
EXHIBIT A
REQUEST FOR PROPOSAL FOR
GEOTECHNICAL ENGINEERING AND TESTING SERVICES
FOR CITY OF OCOEE, FLORIDA
Sealed Expressions of Interest for Geotechnical Engineering and
Testing Services will be accepted by Montye Beamer , Director of
Administrative Services, for the City of Ocoee at Ocoee City Hall
until 10 : 00 A.M. , local time , October 21 , 1993 . Six ( 6 ) copies
should be submitted. Expressions of Interest received after the
specified time and date shall be returned unopened.
MAIL AND DELIVERY ADDRESS :
City of Ocoee
150 N. Lakeshore Drive
Ocoee , Florida 34761
EXPRESSIONS OF INTEREST MUST BE RECEIVED AT THE OCOEE CITY HALL,
150 N. LAKESHORE DRIVE , OCOEE , FLORIDA, NO LATER THAN 10 : 00 A.M.
LOCAL TIME, ON DAY OF OPENING. EXPRESSIONS OF INTEREST RECEIVED
AFTER THAT TIME WILL NOT BE ACCEPTED. NO EXCEPTIONS WILL BE MADE .
NO FACSIMILE OR TELEGRAPHIC SUBMISSIONS WILL BE ACCEPTED.
SCOPE OF SERVICES:
Geotechnical Engineering and Testing Services, including, but not
limited to, the following :
1 . Subsurface groundwater mound analysis and groundwater
modeling; including that related to effluent disposal;
2 . Subsurface investigations prior to construction projects;
3 . Soils testing for maximum densities and compaction for
construction projects;
4 . Concrete cylinder and slump testing for construction
projects;
5 . Services related to the removal of underground storage tanks
and assessments of contamination;
6 . Installation and abandonment of water supply wells; and
7 . Other related services requiring geotechnical engineering.
The anticipated contract will be a "continuing contract" as defined
by Section 287 . 055( 2 ) (g) , Florida Statutes .
FOR FURTHER INFORMATION CONTACT : MONTYE BEAMER, DIRECTOR OF
ADMINISTRATIVE SERVICES, AT ( 407 ) 656-2322 , EXT. 125 . THIS PACKAGE
IS AVAILABLE IN THE ADMINISTRATIVE SERVICES DEPARTMENT AT NO
CHARGE .
NOTE : ALL PROSPECTIVE OFFERORS ARE HEREBY CAUTIONED NOT TO CONTACT
ANY MEMBER OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS
REGARDING THIS PROJECT. SUCH CONTACTS SHALL BE CAUSE FOR
DISQUALIFICATION. ALL CONTACTS MUST BE CHANNELED THROUGH THE
ADMINISTRATIVE SERVICES DEPARTMENT.
The City reserves the right to reject any or all offers, with or
without cause , to waive technicalities , or to accept the offer
which in its best judgement best serves the interest of the City.
Cost of submittal of this offer is considered an operational cost
of the offeror and shall not be passed on to, or borne by, the
City.
In accordance with Section 287 . 055( 11 ) , notice is hereby given that
any plans, documents , and work papers submitted in response to this
solicitation or under any contract awarded pursuant to this
solicitation are subject to re-use by the City of Ocoee .
Montye Beamer
Director of Administrative Services
150 N. Lakehore Drive
Ocoee, Florida 34761
I EXHIBIT B
ll
Geotechnical,
' Environmental
& Materials
Engineers
1993
FEE SCHEDULE
GEOTECHNICAL ENGINEERING AND
CONSTRUCTION MATERIALS R ENGINEERING AND TESTING SERVICES
I. PROFESSIONAL AND TECHNICAL SERVICES
A. Professional Services
The following hourly rates will be applicable for time spent by Professionals for project
coordination, direction, management, consultations, evaluations of field and laboratory
data, preparation of engineering reports, conferences and inspections relative to
Geotechnical &Hydrogeologic Engineering, and Construction Materials Inspection and
Testing Services.
1. Principal $100.00 Per Hour
2. Senior Project Manager $85.00 Per Hour
3. Senior Hydrogeologist $80.00 Per Hour
4. Senior Geotechnical Engineer $80.00 Per Hour
5. Senior Project Engineer $65.00 Per Hour
6. Project Engineer/Scientist $55.00 Per Hour
7. Assistant Project Engineer/Scientist $45.00 Per Hour
B. Technical Services
The following hourly rates will be applicable to all general site or plant visits as may
be requested for the purpose of sampling materials, conducting inspections, providing
continuous control and services which do not involve on-site testing or for testing or
services that are not charged on a unit fee basis.
1. Senior Engineering Technician $40.00 Per Hour
2. Certified Engineering Technician $35.00 Per Hour
2. Engineering Technician $30.00 Per Hour
807 South Orlando Avenue•Suite A•Winter Park,Florida 32789•Telephone 407.740.6110♦Facsimile 407.740.6112
C. Word Processing and Drafting Services
1. Drafting Services $30.00 Per Hour
2. Word Processing Services $30.00 Per Hour
II. GEOTECHNICAL AND HYDROGEOLOGICAL SERVICES
A. Field Investigation
1. Preliminary Site Reconnaissance
and Utility Location/Coordination $35.00/hour
2. Premium drilling rates for work
performed prior to 6:00 a.m.,
after 7:00 p.m., weekends, holidays,
hours in excess of 40 hours/week or
when specialized barge or bombardier 50 Percent Premium
equipment is used. to Rates Below
3. Unusual Land Features Requiring Per Project
Special Considerations Per Hour Basis
4. Sub-Surface Soil Investigation:
a. Mobilization of Drilling $200.00 Min./Crew
Equipment Difficult access quoted
on per project basis
b. Standby Time - for circumstances
beyond the control of Drilling Crew $125.00 Per Hour
c. Mileage for Support Vehicles $0.50/mile
d. Per Diem per day $50.00/man/day
e. Soil Borings:
i. Shallow manual or power
auger borings $7.00 Per L.F.
-2-
ii. Standard Penetration Test
Borings in Soil:
0 - 50' Depths $8.00 Per L.F.
50 - 100' Depths $10.00 Per L.F.
100 - 150' Depths $17.50 Per L.F.
150 200' Depths $27.50 Per L.F.
200 - 250' Depths $32.50 Per L.F.
250 - 300' Depths $37.50 Per L.F.
iii. Rock Coring: NX Size
0 - 50' Depths $20.00 Per L.F.
50 - 100' Depths $25.00 Per L.F.
100 150' Depths $30.00 Per L.F.
150 - 200' Depths $35.00 Per L.F.
200 - 250' Depths $45.00 Per L.F.
250 - 300' Depths $50.00 Per L.F.
iv. Install Casing:
0 - 50' Depths $5.50 Per L.F.
50 - 100' Depths $6.50 Per L.F.
100 - 150' Depths $7.50 Per L.F.
150 - 200' Depths $8.50 Per L.F.
200 - 250' Depths $9.50 Per L.F.
250 - 300' Depths $10.50 Per L.F.
v. Seal Bore Holes with Cement/Bentonite
0 - 50' Depths $3.00 Per L.F.
50 - 100' Depths $4.00 Per L.F.
100 - 150' Depths $6.00 Per L.F.
150 - 200' Depths $8.00 Per L.F.
200 - 250' Depths $11.00 Per L.F.
250 - 300' Depths $12.00 Per L.F.
g. Cone Penetrometer/Sounding
0 - 100' Depths $7.50 Per L.F.
100 - 200' Depths $9.00 Per L.F.
-3-
h. Grouted Piezometers (2" Diameter)*
0 - 25' Depths $22.50/L.F.
25 - 50' Depths $25.00/L.F.
50 - 75' Depths $32.50/L.F.
75 - 100' Depths $45.00/L.F..
i. Locking Protection Assembly Riser $250.00
j. Clear/Develop Wells for Sampling $100.00 Per Hour
k. Push Wells (1" Diameter) 0 - 50' Depth $19.00/L.F.
1. Sampling of Wells/Deliver to Water
Quality Laboratory $60.00 Per Hour
m. Muck Survey or (2 Man Party) $500.00 Per Day
Wash Borings (3 Man Party) $600.00 Per Day
n. Extra Split Spoon Samples $22.50/Each
o. Undisturbed (Shelby) Samples
0 - 50' Depths $125.00 Each
50 - 100' Depths $175.00 Each
p. Collection of Shallow Depth Vertical
Permeability Samples $50.00 Each
q. Percolation Tests $175.00 Each
r. Field Bore Hole Permeability
0 - 5' Depths $225.00 Each
5-10' $325.00 Each
s. Piezometer Permeability*
0 - 25' Depths $225.00 Each
50 - 50' Depths $325.00 Each
* Does not include piezometer installation.
t. Concentric Ring Infiltrometer Tests $375.00 Each
u. Pavement Coring
i. Mobilization of Crew $150.00 min/quoted
per project
ii. Traffic Control Signage Quoted per project
iii. Crew $180.00/Hour
iv. Coring Equipment Rental $175.00/Day
-4-
B. Laboratory Soil Investigation
1. Identification and Classification
a. Natural Moisture Content, ASTM D-2216 $5.00
b. Unit weight and moisture content from (Undisturbed Sample) $25.00
c. Liquid and Plastic Limits, ASTM D-423 and D-424 $60.00
d. Specific Gravity, ASTM D-854 $25.00
e. Grain Size Determinations
i. Full Grain Size (8 sieve sizes) $50.00
ii. Wash Through #200 or #270 $25.00
iii. Hydrometer Analysis $75.00
f. Organic Content by Dry Weight $30.00
g. Soil Resistivity
Laboratory $25.00/Sample
Field Survey Quoted Per Project
h. Soil Corrosivity (pH, sulfate, chloride, resistivity) $100.00/Sample
i. Soil pH $25.00/Sample
2. Consolidation
a. Consolidation test of undisturbed sample, including
loading to overburden pressure, unloading and loading $400.00
3. Shear Strength
a. Unconfined compression test on Shelby Tube Sample $125.00
b. Direct Shear Test $225.00
c. Triaxial Compression Test - CD/point $250.00/Pt.
d. Triaxial Compression Test - UU/point $200.00/Pt.
4. Laboratory Permeability
(Collection of Soil Sample Not Included)
On Undisturbed Shelby Tube $150.00
On Re-Molded Sample $200.00
5. Laboratory CBR or LBR including
Modified Proctor Test $250.00
-5-
III. CONSTRUCTION MATERIALS INSPECTION AND TESTING SERVICES
A. Soil Testi
1. Compaction and Stabilization
a. Moisture-Density Relation
i. Standard or Modified Proctor on Soil
(AASHTO T-99 or T-180 4" Mold) $75.00
ii. Modified Proctor on Limerock
(AASHTO T-180, 6" Mold) $75.00
b. Laboratory LBR or CBR including Modified Proctor Test $250.00
c. Florida Bearing Value $25.00
2. Compaction Tests*
a. Calibrated Drive Sleeve Method $20.00
b. Sand Cone Method $20.00
c. Nuclear Gauge Method $20.00
* Minimum $50.00/Trip
B. Concrete Ouality Control. Inspection and Testing
1. Inspections of ready mix plants, pre-stressed yards, concrete product plants,
construction sites and concrete structures shall be charged at the Basic Engineering
and/or Engineering Technician Service rate.
2. Mold, transport, cure and test all cylinders or beams including one slump test.
a. Set of 3 or 4 cylinders $65.00/Set
b. Additional cylinders per set $12.50/Each
c. Set of 3 beams $75.00/Set
d. Waiting beyond one hour of arrival at site $27.50/Hour
e. Extra slump test (ASTM C-143) $7.50
f. Air content-Volumetric Method (ASTM C-231) $15.00
g. Unit weight and relative yield of fresh concrete $15.00
3. Concrete cylinders molded and delivered to L.J. Nodarse
& Associates laboratory by others, cured, tested and reported. $30.00/Set
4. Concrete cylinders molded by others, picked up, cured, tested
and reported by L.J. Nodarse & Associates
-6-
a. Concrete Cylinders $30.00/Set
b. Pick-Up Charge for Travel $27.50/Hour
5. Evaluation of In-Place Hardened Concrete
a. Obtaining and Testing Hardened-Concrete Cores
i. Set-up Charge $75.00
ii. Compressive Strength Testing (ASTM C-42) $60.00/Core
iii. Length Evaluation (ASTM C-174) $30.00/Core
iv. Petrographic Examination (ASTM C-856) Quoted on Per
Project Bases
v. Difficult Coring Locations Quoted on Per
Project Basis
b. Windsor Probe Testing
i. Set-up Charge $50.00
ii. In-Place Testing $30.00/Hour + Probes
c. Swiss Hammer Testing $30.00/Hour
6. Concrete Material Testing for Design Purposes or
Verification Testing
a. Sieve analysis, dry, ASTM C-136 Incl. finer than
#200 Sieve, ASTM C-177 $60.00
b. Specific Gravity, ASTM C-127 or C-128
Coarse $50.00
Fine $50.00
c. Absorption, ASTM C-127 or C-128
Coarse $50.00
Fine $50.00
d. Unit Weight, ASTM C-29 $25.00
e. Organic Impurities (Colorimetric ASTM C-40) $20.00
f. Effects of Organic Impurities ASTM C-87` $150.00
g. Clay lumps in aggregates AASHTO T-112 $20.00
h. Soft particles, ASTM C-142 $50.00
i. Friable particles, ASTM C-142 $50.00
j. Abrasion Lost Angles, ASTM C-131
Preparation of sample, if uncrushed (75.00-150.00) Per Project
7. Mix Design or Verification
a. Initial mix, including test of fine sand and
coarse aggregate and 9 confirmatory cylinders, per mix $450.00
-7-
b. Additional mixes, same aggregate, 6 confirmatory
cylinders per mix $250.00
c. Flexural strength mix, 6 test beams including tests of
aggregate, per mix $500.00
d. Additional mixes,.6 test beams, same aggregate per mix $250.00
e. Light weight aggregate mixes $600.00
f. Mix design reviews $150.00
8. Concrete Masonry Units
a. Compressive Strength, ASTM C-140 $50.00 Each
b. Absorption and moisture content, ASTM C-150 $25.00 Each
c. Linear drying, Shrinkage, ASTM C-341 $50.00
9. Clay Brick (ASTM C-67) Clay Tile (ASTM C-112)
a. Compressive strength, 5 specimens $40.00 Each
b. Flexural strength, 5 specimens $40.00 Each
c. Absorption, 24 hour specimen, 5 specimens
5 hour boiling, 5 specimens each $40.00 Each
10. Concrete (ASTM, Clay Pipe (ASTM C-301)
a. Absorption tests, 5 hour boiling per sample $50.00
b. Crushing strength, 5 edge bearing 18" max. per test $75.00
11. Testing and Evaluation of Lightweight Insulating Concrete
a. Obtaining and testing samples of lightweight insulating
concrete during construction (ASTM C-495)
i. Set of 3 compressive strength and dry unit weight
cylinders $65.00/Set
ii. Wet unit weight tests of plastic insulating concrete $15.00/Each
b. Obtaining and testing samples of hardened in-place
lightweight insulating concrete (ASTM C-513)* Quoted on Project
Requirements
*NOTE: Roofing cuts and patching to be done by roofing
contractor and this cost is not included in
test and evaluation.
C. Soil-Cement Design and Construction Monitoring
1. Laboratory determination of optimum cement content to
produce a structurally sound soil-cement base for road
construction. Standard Proctor Test (AASHTO T-134) and
preparing, curing and testing two specimens each at 3
varying cement contents, in accordance with a Modified
version of P.C.A.'s "Short Cut Procedures for Sandy Soils". $250.00
-8-
2. Soil-Cement Design, using Wet/Dry-Freeze/Thaw Test Methods
as prescribed by Portland Cement Association $1500.00
3. Construction monitoring including resident inspection during
application and processing of soil-cement. .08/Sq. Yd.
or $27.50/Hour
D. Asphalt Mixtures
1. Bitumen Extractions $60.00
2. Graduations of Extracted Aggregates $25.00
3. Marshall Stability (includes density, flow and
stability of 3 specimens) $100.00
4. Items 1, 2 and 3 above $185.00
5. Field density and thickness determination $25.00
6. Mix Designs
a. Marshall Stability Design Method, includes absorption specific
gravity and gradation of the various aggregates; theoretical
blending of aggregates to meet gradation requirements of project
specifications; molding, curing and testing of 2 specimens each
at 4 liquid asphalt contents for Unit Weight, % Air Voids, % Voids
in Mineral Aggregate (V.M.A.), Marshall Stability and Flow; and
Preparation of Engineering Report $900.00
E. Structural Steel Inspection and Testing
1. Visual inspection on structural steel
weldments and monitoring of welding
processes in accordance with A.W.S. D1.1. $35.00/Hour
2. Mechanical testing of A-325 of A-490
high strength bolted connections in
accordance with AISC Standards $35.00/Hour
3. Magnetic particle, dye penetrant, and
radiographic examination of weldments Price Based on
Evaluation of
Requirements &
Conditions of Each
Project
-9-
4. Inspection and thickness checks of fire
proofing material applied to structural
steel $35.00/Hour
5. Special scaffolding, high lifts, etc.,
if required will be furnished by us on
a cost plus basis. Cost + 15%
6. Visual inspection of reinforcing steel
to verify the size, number, spacing,
securement, grade and placement conform
to the project plans and specifications. $35.00/Hour
7. Observation of placement and securement
of post-tension tendons and/or tensioning
operations, including measurements of
elongations and monitoring jacking force
to each tendon $35.00/Hour
-10-
1 EXHIBIT B
Profes Tonal Service Industries, Inc. UNIT FEE
ammal & Associates Division
SCHEDULE
I. PROFESSIONAL AND TECHNICAL SERVICES
A. PROFESSIONAL SERVICES
The following hourly rates will be applicable for time spent by Professionals
for project coordination,direction, management,consultations,evaluations of
field and laboratory data,preparation of engineering reports, conferences and
inspections relative to geotechnical engineering and testing services
1. Principal Engineer $105.00/hour
2. Senior Project Manager $90.00/hour
3. Senior Project Engineer $70.00/hour
4. Project/Field Engineer $50.00/hour
5. Soil Scientist/Senior Engineering Technician $40.00/hour
6. Engineering Technician $30.00/hour
B. SECRETARIAL AND DRAFTING SERVICES
1. CADD Graphics $30.00/hour
2. Word Processing Services $25.00/hour
II. GEOTECHNICAL AND HYDROGEOLOGICAL SERVICES
A. FIELD INVESTIGATION
1. Preliminary Site Reconnaissance and Utility
Location/Coordination $35.00/hour
2. Premium drilling rates for work performed prior
to 6:00 am, after 7:00 pm,weekends, holidays,
hours in excess of 40 hours/week or when 50 percent Premium to
specialized barge or bombardier equipment is Rates below
used
Unit Fee Schedule
Page 2
3. Sub-Surface soil investigation
a. Mobilization of truck mounted drilling $3.00/mile
equipment(beyond 50 mile radius) $150.00 min/crew
b. Mobilization of ATV, Bombardier or Barge Quoted per project
c. Mileage for support vehicles $0.35/mile
d. Stand-by time for circumstances beyond the
control of Drilling Crew $90.00/hour
e. Per Diem per day (Sites greater than 50
miles from assigned office) $50.00/person
f. Soil Borings
i. Shallow manual of power auger borings $6.50/1.f.
ii. Standard Penetration Test Borings in soil:
0- 50' depths $7.50/l.f.
50- 100'depths $9.50/l.f.
100- 150' depths $17.50/l.f.
150- 200' depths $27.50/l.f.
200- 250'depths $32.50/l.f.
iii. Seal Bore Holes with
Cement/Bentonite $100.00/hour
iv. Install casing:
0- 50'depths $4.00/1.f.
50- 100'depths $5.00/l.f.
100- 150'depths $6.50/l.f.
150- 200' depths $9.00/l.f.
g. Cone Penetrometer/Sounding
0- 100'depths $8.50/1.f.
100- 200'depths $9.50/l.f.
h. Dilatometer Testing $2,500.00/day
i. Grouted Piezometers (2"Diameter)*
0- 25'depths $15.00/l.f.
25 - 50'depths $18.00/l.f.
50- 75' depths $22.50/l.f.
75 - 100' depths $28.00/l.f.
* Does not include soil classification boring, steel protective casing or
locking devices.Larger diameter wells quoted on a project basis
Unit Fee Schedule
Page 3
j. Clear/develop wells for sampling $65.00/hour
k. Sampling of wells/deliver to water quality
laboratory $25.00/hour
1. Muck Survey or Wash Borings
2 Man Party $600.00/day
3 Man Party $800.00/day
m. Extra split spoon samples
0- 50' depths $20.0O/l.f.
50- 100'depths $25.00/1.f.
n. Undisturbed (Shelby) samples
0- 50'depths $75.00/each
50- 100' depths $100.00/each
o. Collection of shallow depth vertical
permeability samples $25.00/each
p. Percolation tests Quoted per project
q. Field bore hole permeability
0- 10'depths $210.00/l.f.
r. Piezometer Permeability (does not include
piezometer installation)
0- 25'depths $175.00/l.f.
25 - 50' depths
s. Concentric Ring Infiltrometer Tests $325.00
t. Rotary wash borings in rock with penetration Quoted per project
at 10'Intervals
u. Rock corings: NX Size
0- 50' depths $17.50/l.f.
50- 100' depths $25.00/1.f.
100- 150' depths $35.00/l.f.
150- 200' depths $45.00/1.f.
200- 250' depths $60.00/l.f.
B. LABORATORY SOIL INVESTIGATION
1. Identification and Classification
a. Natural moisture content,ASTM D-2216 $5.00/each
b. Unit weight and moisture content from
(Undisturbed Sample) $25.00/each
Unit Fee Schedule
Page 4
c. Liquid and Plastic Limits,ASTM D-4318 $60.00/each
(Includes sample collection by CS)
d. Specific Gravity,ASTM D-854 $25.00/each
e. Grain Size Determinations
i. Full Grain Size (8 sieve sizes) $45.00/each
ii. Wash Through#200 or#270 $30.00/each
iii. Hydrometer Analysis,ASTM D-422 $75.00/each
f. Organic content by dry weight, ASTM D- $25.0/each
2974
g. Soil Resistivity
Laboratory $15.00/sample
Field Survey . Quoted per project
h. Soil Corrosivity(pH,sulfate,chloride,
resistivity) $125.00/sample
1. Soil pH $10.00/sample
2. Consolidation
Consolidation test of undisturbed
sample,including loading to overburden
pressure, unloading and loading $325.00/each
3. Shear Strength
a. Unconfined compression test on Shelby $75.00/each
Tube sample
b. Direct Shear Test $175.00/each
c. Triaxial compression test
CD/point $300.00/point
uu/point $250.00/point
4. Laboratory Permeability
(collection of soil sample not included)
a. On Undisturbed Shelby Tube (Sand) $175.00/each
b. In Triaxial Machine(Natural Clay) $275.00/each
c. In Triaxial Machine(Landfill Liner) $325.00/each
d. Remolding of Samples $75.00/each
Unit Fee Schedule
Page 5
5. Compaction and Stabilization
a. Laboratory Limerock Bearing Ratio(LBR)
or California Bearing Ratio (CBR)
including Modified Proctor Test $225.00/each
III. SOIL AND CONSTRUCTION MATERIALS TESTING
A. SOIL COMPACTION AND STABILITY
1. Standard or Modified Proctor Test $50.00/each
2. In-Place Field Density Tests(minimum 4 per
trip) $15.00/each
3. Soil Stability (FBV)Test(minimum 3 per trip) $17.50/each
4. Limerock Bearing Ratio Tests(LBR) (including
Modified Proctor Test) $150.00/each
5. Soil Sampling for Proctors,FBVs,LBRs, etc.
(when no other tests performed) $25.00/each
B. CONCRETE TESTS
1. Sampling concrete performing slump test,
temperature,cylinder molding,returning to
project site to pick up cylinders,curing,testing
and reporting compressive strength test results
Set of 3 or 4 cylinders $55.00/set
2. Additional Cylinders $7.50/each
3. Air Content $10.00/each
4. Extra Slump Test $10.00/each or
$25.00/hour
5. Laboratory testing of cylinders molded by
resident technician $25.00/set
6. Stand-by time due to delays in pours and/or
canceled pours not under control (only in excess
of 2 hours per month) $25.00/hour
Unit Fee Schedule
Page 6
C. STRUCTURAL STEEL
1. Visual weld observations and tension (torque) $27.50/hour
testing of bolts (minimum 3 hours per trip)
D. SOIL-CEMENT
1. Construction testing(density, thickness &
molding strength specimens) $25.00/hour
2. Compressive Strength (sets of up to 3 specimens) $20.00/set
E. ASPHALT TESTS
1. Bitumen Extraction/Gradation $80.00/each
2. Marshall Stability (includes laboratory density
and stability) $80.00/each
3. Density and thickness tests of cores (including
sampling) $20.00/each
4. Coring equipment charge $75.00/trip
F. MISCELLANEOUS LABORATORY TESTS
1. Organic Content $30.00/each
2. Atterburg Limits $60.00/each
3. Percent Passing 200 Sieve (wet method) $25.00/each
4. Grain Size Analysis(soil) $25.00/each
5. Grain Size Analysis(aggregate) $40.00/each
EXHIBIT B
FEE SCHEDULE BETWEEN
CITY OF OCOEE AND
UNIVERSAL ENGINEERING SCIENCES
PROFESSIONAL &TECHNICAL SERVICES
Principal Engineer / Scientist $100.00 per hour
Registered Senior Engineer / Scientist $80.00 per hour
Project Engineer / Scientist II $60.00 per hour
Project Engineer / Scientist I $55.00 per hour
Staff Engineer / Scientist $50.00 per hour
Field Service Manager $48.00 per hour
Remediation Technician $45.00 per hour
Engineering Technician II $35.00 per hour
Engineering Technician I $25.00 per hour
Senior Draftsman / CAD $35.00 per hour
Draftsman $30.00 per hour
Technical Secretary $27.00 per hour
Mileage Allowance $00.25 per mile
D Il .. NG SERVICES,:
Mobilization No Charge
Standard Penetration Test Borings (ASTM D-1586)
0 - 50 foot depth interval $7.75 per foot
51 - 100 foot depth interval $9.75 per foot
101 - 150 foot depth interval $12.75 per foot
Grouting SPT Boreholes $2.00 per foot
Installation of Steel Casing (0 to 100 feet) $5.00 per foot
Undisturbed Thin-Walled Tube Sampling $65.00 per tube
Auger Boring, minimum 100 feet per job $5.50 per foot
Manual Auger Borings $35.00 per hour
Muck Probing
2 Man Crew ($ 300.00 minimum) $65.00 per hour
3 Man Crew ($ 450.00 minimum) $95.00 per hour
Cone Penetrometer $6.00 per foot
Dilatometer Soundings $20.00 per foot plus
technician
Field Instrumentation Equipment $15.00 per day
Permeability Tests - Field $350.00 each
Soil Plate Load Tests (ASTM), 2 minimum $250.00 per sample
Double Ring Infiltrometer Test ($ 250.00 minimum) $50.00 per hour
Drill Service from Floating Platform Price on Request
Rock Coring Price on Request
Price on Request
Ground Penetrating Radar
MONITOR
2-inch PVC Temporary Well $18.00 per foot
1-inch Soil Gas Well $8.00 per foot
Monitor Well Installation - EPA Protocol, Compliance
(includes decontamination and development)
2-inch PVC $45.00 per foot
4-inch PVC $52.00 per foot
Above Ground Locking Well Covers $100.00 each
Flush Surface Well Covers $125.00 each
Well Decontamination Protocol $50.00 per hour
Well Development Crew $35.00 per hour
Well Abandonment (2-inch or 4-inch, 0 to 100 feet) $5.00 per foot
LASOFIATORY TESTING
Atterberg Limits $60.00 per sample
Shrinkage Umit $30.00 per sample
Grain Size Distribution $30.00 per sample
Percent Fines (wash #200 sieve) $20.00 per sample
Hydrometer Analysis $65.00 per sample
Organic Content Determination $30.00 per sample
Moisture Content $5.00 per sample
Unit Weight $15.00 per sample
Specific Gravity $40.00 per sample
pH $15.00 per sample
Consolidation $375.00 per sample
with Hysteresis Loop $75.00 per loop
Corrosion Resistance (pH, R, CI, Su) $130.00 per sample
Permeability Tests - Laboratory
Granular Soil $80.00 per sample
Cohesive Soil (triaxial, backpressure $175.00 per sample
saturated)
Triaxial Compression Test (R,S,T), 3 points $335.00 each
Additional test points $115.00 per point
With pore pressure measurements, add $50.00 per point
Unconfined Compression Tests $60.00 per sample
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SOILS<>TBSTLN
Field Density Tests (minimum 4 tests per trip) $19.00 each
Florida Bearing Value (FBV) $20.00 per sample
Florida Bearing Value Determination of Blend Proportions $150.00 per sample
Limerock Bearing Ratio (LBR), 5 point $225.00 per sample
Standard or Modified Proctor $65.00 per sample
Soil-Cement, Field Inspection and Testing $0.10 per square
(min. $ 250.00 per day) yard
Soil-Cement Laboratory Design Mixes $500.00 per mix
(F.O.B. Laboratory, FDOT Method)
Soil-Cement Laboratory Design Mix $225.00 per mix
(F.O.B. Laboratory, PCA Short Cut Method)
Soil Cement Compressive Strength Pills $40.00 per set
Soil Cement Field Proctor $35.00 each
Relative Density Test (minimum - maximum) $150.00 each
California Bearing Ratio $250.00 per sample
Sample Preparation $10.00 per sample
CONCRETE TESTING SERVICES
Concrete Cylinders
Making & Testing cylinders, including slump $55.00 per set
test (3 cylinders or less per set)
Compression Tests of 6 inch x 12 inch $40.00 per set
cylinders, F.O.B. laboratory
Additional cylinders $7.00 each
Extra Slump Tests $10.00 each
Air Content Tests $10.00 each
Making & Testing Flexural Beams, $90.00 per set
3 tests per beam
Concrete Coring
Mobilization for coring $75.00 per trip
Obtaining and testing concrete cores $70.00 each
Concrete Design Mixes $500.00 per mix
Concrete Ready Mix Plant or Job Inspection $35.00 per hour
Pre-Fabricated Panel Test, ASTM or FHA Price on request
Concrete Aggregate Tests (F.O.B. Laboratory)
Sieve Analysis, Fine or Coarse $35.00 per sample
Absorption $30.00 per sample
Specific Gravity $30.00 per sample
Unit Weight $20.00 per sample
Material Finer than No. 200 Sieve $35.00 per sample
Organic (Colormetric ASTM C-40) $35.00 per sample
Salt Content $35.00 per sample
Los Angeles Abrasion $200.00 per sample
Soundness (5 cycle sodium sulphate) $175.00 per sample
Soundness (5 cycle magnesium sulphate) $275.00 per sample
MASONRY TESTING' SERVICES
Concrete Masonry Units or Prisms
Compressive Strength, ASTM C-140 $25.00 each
Absorption & Moisture Content, ASTM C-150 $25.00 each
Compressive Strength of Hollow Masonry $30.00 per prism
Prisms, ASTM E-477
Compressive Strength of Grouted Hollow $40.00 per prism
Masonry Prisms
Molding & Testing 2 inch x 2 inch Masonry $40.00 per set
Mortar Cubes, set of 3
Concrete Masonry Units, 5 compression $150.00 per set
& 5 absorption tests
Linear Shrinkage Tests of Concrete Block $400.00 per set
(ASTM 426)
Making and Testing 3-1/2" x 3-1/2" x 7" $60.00 per set
Grout Prisms, (set of 3)
•
STEEL INSPECTION
Inspection of Welds and Bolt Torquing
1-Man inspection crew ($ 200.00 minimum) $35.00 per hour
• 2-Man inspection crew ($ 300.00 minimum) $60.00 per hour
Reinforcing Steel Inspection - James R. Meter $35.00 per hour
($ 200.00 minimum)
Nondestructive Testing of Welded Connections $67.00 per hour
Mileage $0.03 per mile
Per Diem $65.00 per man-
night
ASPHALTIC CONCRETE TESTING SERVICES
Asphaltic Concrete Plant Inspection $250.00 per day
Extraction & Hubbard-Field Stability $75.00 per sample
(F.O.B. laboratory)
Extraction and Gradation $125.00 per sample
Marshall Stability (F.O.B. laboratory) $40.00 per sample
Hubbard-Field Stability $50.00 per hour
Mix Design, Marshall Stability $700.00 per mix
(including void analysis & family of curves)
Marshall Stability (all F.A.A. requirements) $700.00 per mix
Coring Pavement for Density and Thickness $35.00 per sample
(Min. fee $ 100.00)
ENVIRONMENTAL SERVICE EQUIPMENT USEAGE FATES.
Organic Vapor Analyzer (FID/PID) $100.00 per day
Soil Gas Sampler $75.00 per day
KV Flow Meter $25.00 per day
Conductivity Meter $10.00 per day
pH Meter $10.00 per day
Oxygen/Combustible Gas Meter $25.00 per day
Detector Tube Sampling Pump $20.00 per day
Kemmerer Sampler $10.00 per day
Bucket Auger $10.00 per day
Data Logger $100.00 per day
Pressure Transducer $25.00 per day
each
Weather Station $100.00 per day
Full-Face Respirator $5.00 per day
Sampling Pumps $15.00 per day
Microcomputers $10.00 per hour
Product Recovery Unit - Trailer $50.00 per day
Metal Detector $10.00 per day
NOTES:
Unit prices are good until December 31, 1994.
This fee schedule is confidential and only applies to the City of Ocoee.
All unit fees are for normal work hours, Monday through Friday from 6:30 am to 4:30 pm daily.
Saturday, Sunday and holidays will be invoiced at the standard rate x 1.35.
A minimum of four (4) In-Place Density Tests per trip is required. All hourly work requires a
minimum four (4) hour call-out per trip.
Subcontractors, expenses, and other direct cost will be invoiced at cost plus 15%