GEO-TECHNICAL SITE INVESTIGATION PHILADELPHIA PHILLIES SPRING TRAINING FACILITY
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into as of ~ltUC"<;~ 't; , 2001 (the
"Effective Date"), by and between the City of Clearwater, Florida, a londa mUnIcIpal
corporation, Post Office Box 4748, Clearwater, Florida 33758-4748 ("Client") and Qore, Inc.,
a Georgia corporation authorized to transact business in the State of Florida, 1211 Tech
Boulevard, Suite 200, Tampa, Florida 33619, ("Consultant").
WIT N E SSE T H:
WHEREAS, Client desires to contract with qualified experts to conduct geo-technical
investigation of commercial property, located 2465 Drew Street, Clearwater, Florida, (the
"Site"); and
WHEREAS, Consultant represents that it possesses the knowledge, ability,
professional skills and qualifications to perform the services needed by Client and covenants to
carry out the terms of this Agreement in an expeditious, economical, and professional manner.
NOW, THEREFORE, Client and the Consultant agree as follows:
ARTICLE I - TERM OF AGREEMENT
This Agreement shall remain in effect for one (1) year from the Effective Date. At the
end of this year the Agreement may be extended for a period of time upon mutual agreement
of the parties.
ARTICLE II - SCOPE OF WORK
Consultant shall perform the work plan as set forth in Consultant's letter dated
November 10, 2000, and revised December 8, 2000, which is attached hereto as Exhibit "A"
and incorporated by reference, and which shall specifically include the following tasks:
At the completion of the work plan outlined above (collectively, "Work"), Consultant
shall generate a summary report including site diagrams, boring logs, laboratory and
investigatory results of such work, whether such results indicate levels which exceed State of
Florida Maximum Contaminant Levels ("MCLs"), and Consultant's conclusions and
recommendation(s). The final summary report shall be signed and sealed by a professional
engineer or professional geologist and shall be certified to Client. Consultant agrees to
provide to Client such other reports on the Project that Client may request.
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ARTICLE III - INDEPENDENT CONSULTANT
Consultant is and shall. perform this Agreement as an independent professional
contractor, and as such, shall have and maintain complete control over all of its employees,
agents, and operations. Neither Consultant nor anyone employed by it shall represent, act,
purport to act, or be deemed to be the agent, representative, employee or servant of Client.
ARTICLE IV - CONTACTS FOR RESPONSIBILITY
Gilbert Ramos, will be designated as Project Director for this project by Consultant to
manage and supervise the performance of this Agreement on behalf of Consultant. Associated
with the Project Director will be staff members whose experience and qualifications are
appropriated for this Project. The Client will be represented by Keith Ashby, Project
Manager, or his designee for all matters relating to this Agreement.
ARTICLE V - COMPENSATION
1. Fees payable to Consultant for the professional services performed during the
work described in Article II and Exhibit "A" shall be equal to the number of hours actually
expended directly on the project by individuals times the hourly rate for the individuals, plus
reimbursable expenses as defined in Article IV, Paragraph 2. Consultant's hourly rates, a
copy of which is included with Exhibit "A" herein, include all direct and indirect costs.
Indirect costs include such items as overhead, profit, and such statutory and customary fringe
benefits as social security contributions, sick leave, unemployment, excise and payroll taxes,
workers' compensation, health and retirement benefits, bonuses, annual leave, and holiday
pay.
2. Reimbursable expenses shall mean the actual expenses of Consultant in the
administration of this Agreement, including subsistence of principals and employees,
subcontractors' fees, toll telephone calls and telegrams, reproduction of reports and other
project-related materials, expendable supplies directly used on the project, computer charges,
equipment and laboratory use fees, and similar project-related items, plus an administrative
surcharge of five percent (5 %).
3. The maximum costs for fees and reimbursable expenses described in Article IV
for the work described in Article II is Forty One Thousand Two Hundred Nineteen and 001100
Dollars ($41,219.00). Notice of any expected cost overruns in excess of the maximum cost
stated above or the maximum cost for each itemized project task as described in Exhibit "A,"
shall be given to Client as soon as cost overruns are reasonably expected by Consultant to be
necessary to accomplish the services required by this Agreement. Any cost overruns shall also
be presented to Client in change order form with justification stated for the necessity of
exceeding said maximum costs. In no event shall such maximum costs be exceeded without
authorization from Client by written approval of the appropriate change order. Any fees
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or reimbursable expenses Consultant incurs in excess of said maximum costs and without
approval of the appropriate change order by Client shall be entirely at Consultant's
obligation and expense and the Client shall not be liable for same.
4. Delays not caused by Consultant but which is the result of unforeseen
occurrences including but not limited to unfavorable weather conditions, strikes, floods, or
fires, which extend the effort, required may constitute a Change-of-Scope. Additional effort
resulting from such delays will be billed in accordance with Article IV, upon prior notice to,
and written approval by Client, in accordance with the procedures and requirements of Article
IV, Paragraph 3.
5. Services performed at Client's request beyond those defined by Article II shall
constitute a Change-of-Scope, will be documented by a change order, and will be billed as
outlined above. Upon written approval of the change order, such additional work shall be
carried out in accordance with all of the terms and conditions set forth in this Agreement.
ARTICLE VI- METHOD OF PAYMENT
Consultant shall bill Client, and Client agrees to pay after approval of the City Project
Manager under the terms of the Florida Prompt Payment Act F. S. ~218. 70.
ARTICLE IVII - TIME FOR COMPLETION
Consultant shall commence the Work outlined in Exhibit "A" on or before January 10,
2001. Consultant shall deliver its draft summary report on or before January 29, 2001, to
Karma Killian, Environmental Programs Coordinator, 100 S. Myrtle Avenue, Clearwater, FL
33756. Three (3) signed and sealed originals of the final report shall be delivered to Client,
care of Karma Killian at the above address, within three (3) days from Consultant's receipt of
Client's and Client's designees' comments to the draft summary report. Any change-of-scope
as defined in Article IV may extend the time for completion as may be agreed to by Client and
Consultant in the change order. Consultant further acknowledges that time is of the essence in
the performance of this work. Because time is of the essence, except for delays resulting from
unforeseen circumstances beyond the control of Consultant, for each day that Consultant
exceeds the deadlines set forth herein, the total project cost for this work shall be reduced by
the sum of $200.00.
ARTICLE VII - CONFIDENTIAL INFORMATION
1. It is understood that all services to be performed by Consultant pursuant to this
Agreement and all written and oral surveys, data, reports, recommendations, or other
documents or information generated by Consultant or received from the Client in performance
of this Agreement are confidential and Consultant shall prevent disclosure of such materials
except to the Client and parties designated by Client to receive such information. Consultant
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shall not use any information (so required to be treated as confidential) for any purpose except
in furtherance of Consultant's obligations under this Agreement. Should Consultant be
requested to disclose such materials by any person, whether by court process or otherwise, it
shall promptly notify the Client.
2. Should the Consultant receive any trade or business secrets of the Client, it shall
treat such information as confidential and shall not disclose same to any person. Should
Consultant be requested to disclose any such trade or business secrets by any person, whether
by court process or otherwise, it shall promptly notify the Client.
3. Should the Client receive any trade or business secrets of Consultant or
techniques and procedures of Consultant, which Consultant designates as confidential, it shall
treat such materials as confidential and shall prevent their disclosure. Should the Client be
requested to disclose such material by any person, whether by court process or otherwise, it
shall promptly notify Consultant who shall be responsible for protecting the confidentiality of
such materials in the manner Consultant deems appropriate.
4. Consultant shall not name or otherwise identify or refer to the Client as a
representative client for any purposes without first obtaining the written consent of the Client.
5. Title to all notes, memoranda, plans, drawings, specifications, designs,
sketches, models, programs, software, reports, and other tangible documents produced by
Consultant pursuant to this Agreement shall the property of Client, however, upon termination
of this Agreement, Consultant shall transfer, assign and make available to Client or its
representatives all property and materials in Consultant's possession belonging to or paid by
the Client.
6. The terms and conditions of this Article shall survive the termination of this
Agreement.
ARTICLE IX - LIENS
Consultant shall promptly discharge its obligation to its laborers, materialmen,
subcontractors and creditors and shall insure that its subcontractors do likewise. In the event
that any subcontractor, materialman, or creditor of the contractor shall file a lien for payment
of services or material related to this Agreement, the Client shall notify Consultant and
Consultant shall indemnify Client from and against any liability, claim, demand, damage, cost,
and expense, including attorneys' fees and litigation costs, provided the lien arises from
services or materials supplied pursuant to contractor's performance of the Work herein. The
provisions of this Article shall survive any termination or expiration of this Agreement,
notwithstanding payment or settlement between parties unless any such settlement is in writing
and such writing explicitly refers to this Article. Consultant shall certify payment of all
subcontractors by execution of the Final Affidavit attached as Exhibit liB".
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In the event that Consultant or a subcontractor of Consultant fails to discharge an
obligation to its laborers, materialmen, subcontractors, and creditors as required by this
ARTICLE within sixty (60) days of a written request by Client. Client may pursue any
and all available remedies the costs and expenses of which may, at a minimum, be
applied against the unpaid contract price.
ARTICLE X - CLEAN UP
At the completion of the Work, Consultant shall clear the Site and surrounding
premises of debris, rubbish and any wastes associated with the Work caused by Consultant's
operations hereunder, including without limitation, any solid or liquid wastes that are
generated or otherwise associated with the installation of any wells or soil borings required
under this Agreement. Consultant shall be responsible for the proper treatment, storage and
disposal of such debris, rubbish or wastes.
ARTICLE XI - TERMINATION
Client reserves the right to terminate this Agreement at any time, for any reason, upon
ten (10) days written notice to Consultant. In the event Client shall fail to make timely
payment of any sum owing and due Consultant, Consultant shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement upon
thirty (30) days written notice to Client. In either event, payment shall be due to Consultant
only for those services performed by Consultant up to the date of receipt of written notice of
termination. Upon termination, Consultant shall, upon payment by the Client of any sum
owing and due, provide and turn over to Client all environmental data, analyses, drawings and
reports prepared up to and including the date of such termination.
ARTICLE XII- INDEMNIFICATION AND INSURANCE
In consideration of the sum of One Thousand Dollars ($1,000.00), the receipt and
sufficiency of which is acknowledged, payable as part of the first payment for services,
Consultant agrees to protect, defend, indemnify and hold the Client and its officers, employees
and agents free and harmless from and against any and all losses, penalties, damages,
settlements, costs, charges, professional fees or other expenses or liabilities of every kind and
character arising out of or due to any negligent act or omission of Consultant or its employees
in connection with or arising directly or indirectly out of this Agreement and/or the
performance hereof. Without limiting its liability under this Agreement, Consultant shall
procure and maintain during the life of this Agreement liability insurance coverage. This
provision shall survive the termination of this Agreement.
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ARTICLE XIII- REPRESENTATIONS. WARRANTY AND LIABILITY
1. Consultant warrants that its services under this Agreement shall be performed in
a thorough, efficient, and workmanlike manner, promptly and with due diligence and care,
and in accordance with that standard of care and skill ordinarily exercised by members of the
profession doing similar work.
2. Consultant represents and warrants that all services performed under this
Agreement shall be in strict accordance with all applicable federal, state and local statutes,
laws, rules, regulations, codes, orders, plans, permits, licenses, injunctions, decrees, lawful
rulings or ordinances, or judicial or administrative interpretations thereof, whether currently in
existence or hereafter amended, enacted or promulgated, (collectively, the "A{)plicable
Law").
Client may order that the work stop if a condition of immediate danger to
Client's employees, equipment or property damage exists. This provision shall not shift
responsibility or risk of loss for injuries or damage sustained from the Consultant or any
subcontractor of Consultant to Client, and the Consultant shall remain solely responsible
for compliance with all safety requirements and for the safety of all persons and property
at the site of Contract Performance.
3. Consultant represents that it has received, reviewed, and is otherwise familiar
with the Limited Environmental Investigation of Joe DiMaggio fields, dated December 5,
2000, prepared by Tampa Bay Engineering, Inc.
4. Any laboratories Consultant subcontracts to perform services related to this
Agreement shall be appropriately certified pursuant to Applicable Law. Consultant shall
ensure that all chemical analyses undertaken pursuant to and in accordance with this
Agreement shall be conducted consistent with all applicable rules, regulations, guidelines and
specifications relating to quality assurance and quality control. If re-sampling is required due
to invalid data, Consultant shall perform or arrange for re-sampling at no cost to Client.
Client may require re-analysis of all parameters for the sample(s) of concern.
5. Consultant represents that it has, or will secure at its own expense, all personnel
required in its performance of the services described in this Agreement. Consultant shall be
responsible for supervision and direction of the performance of services by Consultant's
employees and the services of any approved subcontractor. Client reserves the right to review
the qualifications of any individuals assigned by Consultant to carry out the Work and the right
to reject those that are not in the Client's reasonable opinion qualified. This in no way relieves
Consultant of the obligation to select and assign qualified personnel to provide these services
or of the liability incurred therefrom.
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ARTICLE XIV - NON-DISCRIMINATION
There shall be no discrimination against any employee who is employed in the work
covered by Agreement, or against applicants for such employment, because of race, religion,
color, sex, or national origin. This provision shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rate of payor other forms of compensation; and selection
for training, including apprenticeship.
ARTICLE XV - CONFLICT OF INTEREST
Consultant shall accept no employment for its services that would conflict with its
representations of Client pursuant to the terms of this Agreement.
ARTICLE XVI- AGENCY CONTACTS
Consultant shall not contact, negotiate or otherwise confer with the United States
Environmental Protection Agency, [applicable state agency], or local environmental agency
personnel regarding its services to be performed pursuant to this Agreement without first
providing advance notice to Client and receiving approval from Client for such activity.
ARTICLE XVII - DISPUTES
In connection with any legal proceeding brought to enforce the terms and conditions of
this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party
all costs, expenses and reasonable attorneys' and paralegals' fees incurred by said prevailing
party in such proceedings, including all costs, expenses, and reasonable attorneys' and
paralegals' fees incurred on appeal, in administrative proceedings.
ARTICLE XVIII - GOVERNING LAW
All parties agree that this Agreement and the contents thereof are to be interpreted and
enforced pursuant to the laws of the State of Florida. Any action at law, suit in equity, or
judicial proceeding for the enforcement of this Agreement or any provision hereof shall be
instituted and maintained only in the courts of the County of Pinellas, State of Florida, and
Consultant hereby consents the jurisdiction of said courts.
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ARTICLE XIX - ENTIRE AGREEMENT
This Agreement supersedes any and all oral or written agreements and understandings
heretofore made relating to the subject matter hereof and contains the entire agreement of the
parties relating to the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on their behalf by their respective representatives, each such representative having
been first duly authorized so to act, as of the date and year first hereinabove written.
By:
CES
STATE OF ~Qr, J),,--
COUNTY OF \ ~\ \ q, ~
The foregoing Professional Services Agreement was acknowledged before me this ~V^--
day of '~G\.~~o... '\ ,2001, by Gilberto Ramos, P.E., as Vice President on behalf of
Qore, Inc, a Florida corporation. He is personally known to me or has produced
N I A as identificatn ~~
,,~*\'fif.~" AUCIA L. FARREU. N(ttary ~Ubl~ L I
b<: ~*1 MY COMMISSION # CC 761052 f 'l /' , /". I--- r. ."-~'"
:. oii>.~j EXPIRES: July 20, 2002 ~ _ ~ '-"- \,~. '-
:'{('", Bonded'ThlUNotatyPuIlIiclJnderwtM (Name typed, printed)
(Seal)
AGREEMENTS BY CITY OF CLEARWATER:
jj;;j~ --
Mayor-Commissioner
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By:
William B. Horne, II
Interim City Manager
Approved as to form:
(:J((,rJJ: C ~/~{4L-
... ~m Akin 0 1/
(/City Attorney /
Attest:
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Cy t . a E. Goudeau
City lerk
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QORE
PROPERTY SCIENCES
November 10, 2000
(Revised 12/08/00)
Ms. Alicia Farrell
clo City of Clearwater
Post Office Box 4748
Clearwater, Florida 33758-4748
RE: Proposal for Preliminary Geotechnical
Exploration at Proposed Site for
Philadelphia Phillies Spring Training Facility
Clearwater, Pinellas County, Florida
QORE Proposal No. 24-00-0908
Dear Ms. Farrell:
As discussed in our phone conversation of December 7, 2000, QORE, Inc. (QORE) is
pleased to present this revised proposal for providing preliminary geotechnical
exploration services for the referenced project. This proposal presents our
understanding of the project, our projected scope of services, our fee estimate, and our
tentative schedule.
INTRODUCTION
We understand that the Philadelphia Phillies and the City of Clearwater have identified a
potential site that will accommodate the construction of a new baseball stadium for major
league spring training and Triple A games. The site being considered is the Saint
Petersburg Junior College Clearwater Campus baseball field complex, located at the
northwest corner of Old Coachman Road and Drew Street. At the request of Ms. Alicia
Farrell of the City of Clearwater, and Mr. John J. Stranix of Stranix Associates, QORE
has prepared a proposal for preliminary geotechnical exploration services at the
proposed stadium site.
The geotechnical exploration services are to be performed in a phased approach as
outlined in preliminary proposed plans dated October 4, 2000.
SITE CONDITIONS
The site is accessible to truck mounted drilling equipment. Existing documentation
reveals that the Saint Petersburg Junior College baseball complex site had been
previously used as a landfill. We understand that access to the sites is restricted and
exploratory borings must be properly grouted upon completion.
1211 Tech Blvd. Suite 200 Tampa. Florida 33619 (813) 623-6646 fax (813) 623-3795
.~
Phillies Spring Training Facility
QORE Proposal No. 24-00-0908
November 10, 2000
Paae 2
Based on our review of documents provided by the City of Clearwater, we anticipate on
encountering the following subsurface conditions at the site: a clay cover, which varies in depth,
underlain by debris and organic materials to documented depths of 20 plus feet. Geotechnical
data obtained by QORE at the perimeter of the site revealed a limestone strata starting at
depths ranging from 24 to 43 ~ feet below existing grade. The top of the limestone strata
appears to be deepest towards the center of the site along Old Coachman Road.
PROJECT DESCRIPTION
We understand that a multiple story baseball stadium, a clubhouse, and restaurants with
support parking and drive lanes are proposed. Limited design information is available given that
the project is in the preliminary stage.
The site being considered was used as a landfill prior to current use. Considerations for
construction include the design of deep foundations to transfer the loads of the proposed super-
structure to competent materials. Based on historical data provided by the City of Clearwater, it
is anticipated that the existing materials within the site will have no structural load carrying
capability to a depth of approximately 30 feet below existing ground surface.
For the purpose of this proposal, we have assumed structural loads will not exceed 200 kips for
columns and 15 kips per linear foot for load bearing walls. We have further assumed that fill will
not extend more than three to five feet above existing site grades.
PROPOSED SCOPE OF SERVICES
Based upon our understanding of the project, site conditions and the priority and/or priority
combination selected, we propose to perform the services outlined below.
1. Review aerial photographs of the site and identify landfill cell locations from existing
documents prior to field operations. The service will only be performed once and/or as
needed with prior written approval.
2. Mobilize/demobilize a truck-mounted drill rig with crew based on the priority and/or priority
combination selected.
3. Perform Standard Penetration Test (SPT) borings to depths of 40 to 80 feet below ground
surface (bgs). Casing will be used as required in the drilling operations to ensure the
separation of the fill cell and the materials below the confining layer (i.e. clay) underlying the
cell. The quantity and depth of borings and casing will be dependent on the priority and/or
priority combination selected.
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4. Coordinate the proper disposal of auger cuttings and drilling fluid generated from the boring
operation.
5. Perform visual classification of the recovered soil samples.
Standard Penetration Tests (SPT's) will be performed at regular intervals in the borings to
provide information about the soil consistency as well as samples for vis4al examination.
During our field operation, the boreholes will be left open, conditions permitting, to allow
measurement of the depth to groundwater at the conclusion of our field operation. The
boreholes will then be backfilled with grout. A member of our staff will monitor the drilling and
ftv
Phillies Spring Training Facility
aORE Proposal No. 24-00-0908
November 10, 2000
Paae 3
will be in contact with our project engineer during the performance of the soil test borings. If
conditions are encountered which warrant obtaining additional data, either by extending the soil
borings or obtaining undisturbed samples for the performance of laboratory testing, we will
contact you prior to proceeding with any additional exploration.
An initial geotechnical engineering evaluation report will be prepared address the following
items:
. Our understanding of the project per priority and/or priority combination
. The site description based on document review per priority and/or priority combination
· General site lithology per priority and/or priority combination
· Shallow and deep foundation design recommendations
. Pavement design recommendations (addressed only in priority no. 2 or 4)
· Estimation of the seasonal high water elevation (addressed only in priority no.1)
. Estimation of the existing groundwater elevation at selected boring locations
The report(s) will be prepared by a geotechnical engineer and will be reviewed and sealed by a
registered Professional Engineer registered in the State of Florida, and will be for the benefit
and use of City of Clearwater, Stranix Associates and its' designers.
It is our understanding that the City of Clearwater will be responsible for utility clearance.
FEE ESTIMATE
We propose to complete the scope of services discussed above and presented below on a time
and material basis according to the attached fee schedule. We will not exceed budget amounts
unless the scope of work is increased, and only then with your prior written approval.
As requested, estimated priority based cost are as follow, based on the priority requirements
established by Stranix Associates. Refer to the attached soil boring location diagram and
priority outline provided by Stranix Associates. In addition, we have provided three combined
priority based cost, which will result in a cost savings through a combination of services. A
breakdown of each priority and priority combination is attached for your review.
Individual Priority Approach Costs
· Priority NO.1 - Six borings to depths of 40 to 80 feet... ... ... ... ... ... ... '.' ... ... ... .$11 ,437.60
. Priority NO.2 - Five borings to depths of 40 to 80 feet.................................. $8,550.00
. Priority No.3 - Three borings to depths of 80 feet... ... ... ... ...... ... ....... ...... ... .. .$6,865.20
. Priority NO.4 - Three borings to depths of 40 feet... '.' ... ... ... ... '.' ... ... ....... ......$3,767.60
I).;
Phillies Spring Training Facility
QORE Proposal No. 24-00-0908
November 10, 2000
Paoe 4
Combined Priorities for Cost Savings
. Priority NO.1 & 2 - Eleven borings to depths of 40 to 80 feet... ... ... ... ...... ......$17,498.00
· Priority NO.1 ,2 & 3 - Fourteen Borings to depths of 40 to 80 feet............ ..... .$23,576.00
. Priority NO.1 ,2,3, & 4 - Seventeen borings to depths of 40 to 80 feeL.... .......$27,074.00
Contingency Costs
. Consulting services or meetings that may be required throughout the project.... $2,000.00
. Disposal of auger cuttings and drilling fluid generated by the boring operation...$6,OOO.00
· Analytical testing of auger cuttings........................................................ ....$1,800.00
. Surface casing.................................................................................... ..$4,345.00
SCHEDULE
Following receipt of written authorization to proceed, we can commence fieldwork within three to
five days and anticipate completing all fieldwork within three to eight days, depending the
priority and/or priority combination selected. Similarly a written report can be provided within ten
working days or less after completing the fieldwork. We can provide verbal results as they
become available on a daily basis. This schedule can be expedited, if required.
AUTHORIZATION
We can commence this project upon receipt of executed copy of enclosed Proposal Acceptance
Sheet and returning it to us. The terms and conditions on the back of the sheet are part of the
proposal. Please also complete and return the Report Distribution Sheet to facilitate the
distribution of the report to the interested parties.
).;
,[
Phillies Spring Training Facility
QORE Proposal No. 24-00-0908
November 10, 2000
PaQe 5
CLOSING
Thank you for the opportunity to submit this proposal. We look forward to being of service to
City of Clearwater and Stranix Associates, and their designers by providing the above stated
geotechnical consulting services for the proposed facility. Please call us if you have any
questions concerning this proposal.
Sincerely,
QORE, INC.
Encl.: Proposed Revised Plan - Boring Locations and Priority
Cost Breakdown(s)
Fee Schedule
Report Distribution List
Proposal Acceptance Sheet
C: John Stranix, Stranix Associates
Karma Killian, City of Clearwater
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Project: Phillies Spring Training Facility
Date:
1-Dec-00
Location: Pinellas County
PRIORITY NO.1
PROPOSED GEOTECHNICAL EXPLORATION
ESTIMATED COST BREAKDOWN
Description Quantity Unit Rate
Mobilization 1 $400.00
Soil Borings, per foot (0-50 feet) 290 $12.00
Soil Borings, per foot (51-100 feet) 150 $15.00
Borehole Abondonment 6 $110.00
Grout Sealing 68 $13.20
Senior Technician, per hour 40 $45.00
Permeability Tests, each 0 $150.00
Project Engineer, per hour 15 $60.00
Senior Engineer, per hour 4 $90.00
Chief Engineer, per hour 3 $130.00
Clerical, per hour 4 $30.00
CADD, per hour 3 $60.00
TOTAL
Subtotal
$400.00
$3,480.00
$2,250.00
$660.00
$897.60
$1,800.00
$0.00
$900.00
$360.00
$390.00
$120.00
$180.00
$11,437.60
Page 1 of 1
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Project: Phillies Spring Training Facility
Date:
1-Dec-00
Location: Pinellas County
PRIORITY NO.2
PROPOSED GEOTECHNICAL EXPLORATION
ESTIMATED COST BREAKDOWN
Description Quantity Unit Rate
Mobilization 1 $400.00
Soil Borings, per foot (0-50 feet) 230 $12.00
Soil Borings, per foot (51-100 feet) 90 $15.00
Borehole Abondonment 5 $110.00
Grout Sealing, bags 50 $13.20
Senior Technician, per hour 36 $45.00
Permeability Tests, each 0 $150.00
Project Engineer, per hour 10 $60.00
Senior Engineer, per hour 2 $90.00
Chief Engineer, per hour 1 $130.00
Clerical, per hour 4 $30.00
CADD, per hour 3 $60.00
TOTAL
Subtotal
$400.00
$2,760.00
$1,350.00
$550.00
$660.00
$1,620.00
$0.00
$600.00
$180.00
$130.00
$120.00
$180.00
$8,550.00
Page 1 of 1
i?
Project: Phillies Spring Training Facility
Date:
1-Dec-00
Location: Pinellas County
PRIORITY NO.3
PROPOSED GEOTECHNICAL EXPLORATION
ESTIMATED COST BREAKDOWN
Description Quantity Unit Rate
Mobilization 1 $400.00
Soil Borings, per foot (0-50 feet) 150 $12.00
Soil Borings, per foot(51-100 feet) 90 $15.00
Borehole Abondonment 3 $110.00
Grout Sealing, bags 36 $13.20
Senior Technician, per hour 24 $45.00
Permeability Tests, each 0 $150.00
Project Engineer, per hour 10 $60.00
Senior Engineer, per hour 3 $90.00
Chief Engineer, per hour 2 $130.00
Clerical, per hour 4 $30.00
CADD, per hour 3 $60.00
TOTAL
Subtotal
$400.00
$1,800.00
$1,350.00
$330.00
$475.20
$1,080.00
$0.00
$600.00
$270.00
$260.00
$120.00
$180.00
$6,865.20
Page 1 of 1
f-
Project: Phillies Spring Training Facility
Date:
1-Dec-00
Location: Pinellas County
PRIORITY NO.4
PROPOSED GEOTECHNICAL EXPLORATION
ESTIMATED COST BREAKDOWN
Description Quantity Unit Rate
Mobilization 1 $400.00
Soil Borings, per foot (0-50 feet) 120 $12.00
Soil Borings, per foot (51-100 feet) 0 $15.00
Borehole Abondonment 3 $110.00
Grout Sealing, bags 18 $13.20
Senior Technician, per hour 12 $45.00
Permeability Tests, each 0 $150.00
Project Engineer, per hour 7 $60.00
Senior Engineer, per hour 1 $90.00
Chief Engineer, per hour 1 $130.00
Clerical, per hour 2 $30.00
CADD, per hour 2 $60.00
TOTAL
Subtotal
$400.00
$1,440.00
$0.00
$330.00
$237.60
$540.00
$0.00
$420.00
$90.00
$130.00
$60.00
$120.00
$3,767.60
Page 1 of 1
jv
Project: Phillies Spring Training Facility
Date:
1-Dec-00
Location: Pinellas County
COMBINED PRIORITIES 1 & 2
PROPOSED GEOTECHNICAL EXPLORATION
ESTIMATED COST BREAKDOWN
Description Quantity Unit Rate
Mobilization 1 $400.00
Soil Borings, per foot (0-50 feet) 520 $12.00
Soil Borings, per foot (51-100 feet) 240 $15.00
Borehole Abondonment 11 $110.00
Grout Sealing, bags 115 $13.20
Senior Technician, per hour 50 $45.00
Permeability Tests, each 0 $150.00
Project Engineer, per hour 20 $60.00
Senior Engineer, per hour 4 $90.00
Chief Engineer, per hour 3 $130.00
Clerical, per hour 5 $30.00
CADD, per hour 3 $60.00
TOTAL
Page 1 of 1
Subtotal
$400.00
$6,240.00
$3,600.00
$1,210.00
$1,518.00
$2,250.00
$0.00
$1,200.00
$360.00
$390.00
$150.00
$180.00
$17,498.00
Project: Phillies Spring Training Facility
Date:
9-Nov-00
Location: Pinellas County
COMBINED PRIORITIES 1,2 & 3
PROPOSED GEOTECHNICAL EXPLORATION
ESTIMATED COST BREAKDOWN
Description Quantity Unit Rate
Mobilization 1 $400.00
Soil Borings, per foot (0-50 feet) 670 $12.00
Soil Borings, per foot (51-100 feet) 330 $15.00
Borehole Abondonment 14 $110.00
Grout Sealing, bags 152 $13.20
Senior Technician, per hour 70 $45.00
Permeability Tests, each 0 $150.00
Project Engineer, per hour 35 $60.00
Senior Engineer, per hour 5 $90.00
Chief Engineer, per hour 4 $130.00
Clerical, per hour 6 $30.00
CADD, per hour 4 $60.00
TOTAL
Page 1 of 1
~
Subtotal
$400.00
$8,040.00
$4,950.00
$1,540.00
$2,006.40
$3,150.00
$0.00
$2,100.00
$450.00
$520.00
$180.00
$240.00
$23,576.40
Project: Phillies Spring Training Facility
Date:
1-Dec-00
Location: Pinellas County
COMBINED PRIORITIES 1,2,3, & 4
PROPOSED GEOTECHNICAL EXPLORATION
ESTIMATED COST BREAKDOWN
Description Quantity Unit Rate
Mobilization 1 $400.00
Soil Borings, per foot (0-50 feet) 790 $12.00
Soil Borings, per foot (51-100 feet) 330 $15.00
Borehole Abondonment 17 $100.00
Grout Sealing, bags 170 $13.20
Senior Technician, per hour 80 $45.00
Permeability Tests, each 0 $150.00
Project Engineer, per hour 50 $60.00
Senior Engineer, per hour 5 $90.00
Chief Engineer, per hour 5 $130.00
Clerical, per hour 8 $30.00
CADD, per hour 6 $60.00
TOTAL
Subtotal
$400.00
$9,480.00
$4,950.00
$1,700.00
$2,244.00
$3,600.00
$0.00
$3,000.00
$450.00
$650.00
$240.00
$360.00
$27,074.00
Page 1 of 1
~
aORE, INC.
GEOTECHNICAL SERVICES
2001 UNIT FEE SCHEDULE
Mobilization and Transportation of Exploration Equipment to the site
In-Town Truck, Lump Sum ..............................................................$ 400.00
In-Town All-Terrain Vehicle, Lump Sum ............................................ will quote.
Out-of- Town ................................................................................ will quote.
Soil Test Borings (ASTM D-1586)
Soils with penetration resistances less than 50 blows per foot, per linear foot, sampling
at 5-foot intervals.
o - 50'.......................................... . .............. ....... .............. $
50 - 1 00' ............................................................................ $
12.00
15.00
Soils with Penetration resistances greater than 50 blows per linear foot, sampling at 5-
foot intervals.
o - 50'.... ............ . ......... ..... .. . ... . ....................... . ................ $
50 - 100' ............................................................................ $
Auger Boring, (ASTM 0-1452), per linear foot............................................. $
For All-Terrain drill rig, add $1.00 per foot to the above footage rates.
Extra split spoon sample, each ..................................................................$
Static Cone Penetration Test, per linear foot ...............................................$
Diamond Rock Coring (ASTM D-2113), set-up per hole ................................$
per linear foot ................................................................................ $
Setting Casing to Stabilize Borehole, per linear foot..................................... $
12.00
15.00
9.50
30.00
9.00
75.00
27.50
5.50
Undisturbed Samples, (ASTM 0-1587), if required
per sample ................................................................................ $ 120.00
G:\Geotech\FEES\2000_Fee_Schedule.doc - 1 -
;'"
Difficult Moving or Delay Time, including water supply
(inclement weather or mechanical breakdown not included),
per hour,
Truck Rig............................................................................ $ 130.00
All-Terrain Rig..................... ........ ........ .............. ................... $ 175.00
Hourly Drilling Rate,
Truck Rig............................................................................ $ 175.00
All-Terrain Rig...................................................................... $ 195.00
Grouting Boreholes,
plus materials, per hour........................................................................... $ 110.00
Double Ring Infiltration Test, each .............................................................$ 400.00
Standard Percolation Test, each ................................................................ $ 250.00
Out-of- Town Expenses for Field Crew, per man-day..................................... $ 95.00
LABORATORY TESTING
Moisture Content Determinations, each............................................ .......... $ 13.00
Standard Proctors, each........ ................................ ........ .... ........................ $ 100.00
Modified Proctors, each ............................................................................$ 110.00
Atterburg Limits, each.............................................................................. $ 75.00
Sieve Analysis, each .. ...................... ............. ....... .... ........ ... ..... ................ $ 60.00
Determination of percent finer than
No. 200 Sieve ..................................................................... ........... $ 42.00
Determination of Percent of Carbonates of Limerock, each ...........................$ 70.00
Organic Content, each (Loss on Ignition).....................................................$ 45.00
pH, each (Minimum 2 tests) ......................................................................$ 30.00
Resistivity, each (Minimum 2 tests)............................................................ $ 90.00
Torvane or Pocket Penetrometer................................................................ $ 10.00
G:\Geotech\FEES\2000_Fee_Schedule.doc - 2 -
~
HOURLY RATES FOR PROFESSIONAL STAFF
Geotechnical Engineering Technician.......................................................... $ 45.00
Staff Engineer or Geologist....................................................................... $ 60.00
Project Engineer or Hydrogeologist............................................................. $ 60.00
Senior Professional Engineer or Hydrogeologist............................................ $ 90.00
Principal Consultant I Chief Engineer ..........................................................$ 130.00
Word Processor
................................................................................ $ 30.00
CADD/Draftsperson ......... ............ ................................. ....... ................... $ 60.00
MISCELLANEOUS CHARGES
Report Reproduction (initial three copies at no charge), per page ...................$ .20
Vehicle Usage, automobile, per mile........................................................... $ 0.50
Computer Rental
.................................................................... ............ $
1 5/hr
All third parties charges ........................................................................... Cost plus 15 %
Expenses and other subcontracted services will be billed at cost plus 15 percent (15%). There is a four-hour
minimum charge per jobsite visit. For field testing or sampling services, personnel hours are charged for job
preparation including specifications, drawings and lab data review, consultations with geologists/engineers,
mobilization, travel time portal to portal, demobilization and documentation for reports. For time spent in
depositions and/or court appearances, including preparation, multiply all above regular rates by 1.5. Overtime in
excess of 8 hours on Monday through Friday, hours worked before 7:30 a.m. or after 5 p.m., and all hours
worked on Saturdays, Sundays, and holidays will be charged at the above regular rates times 1.5. Invoicing will
be on an end-of-calendar month basis. Payment is due upon receipt of invoice. Client agrees to pay all charges
not in dispute within 30 days of receipt of invoice and recognizes that charges not paid within 30 days are
subject to a late payment charge of 1.5 percent of the balance due for each additional month or fraction thereof
that undisputed charges remain unpaid. Charges held in dispute will be called to aORE's attention within 10
days of receipt of invoice. Client will also pay any cost of collection, including reasonable attorney's fees, if
invoices are collected by law or through an attorney-at-law.
G :\Geotech\FEES\2000 _Fee_Schedule .doc
- 3 -
~
REPORT DISTRIBUTION LIST
Project: Geotechnical Exploration
Proposal No.: 24-00-0908
CLIENT
Firm or Corporate Body Name
Address
City State
Facsimile Number
Title
Number of Copies
Zip Code
Attention
Phone Number
ADDITIONAL COPIES:
Firm or Corporate Body Name
Address
City _
Facsimile Number
Title
Number of Copies
. ~
State
Zip Code
Attention
Phone Number
Firm or Corporate Body Name
Address
State
Zip Code
Attention
Phone Number
City
Facsimile Number
Title
" Number of Copies
'"
Special Instructions:
,t-
~
QO
R E™
PROPERTY
SCIENCES
PROPOSAL ACCEPTANCE SHEET
Description of Services Geotechnical Exploration
Project Name
Project Location
Phillies Spring Training Facility
Clearwater
Proposal Number & Date '4-nn-n~nR
Location or Qore Office Performing Services Tampa
12/01/2000
Consultant Gilberto Ramos
FOR PAYMENT OF CHARGES:
Charge Invoice to the Account of:
Firm City of Clearwater
Address P. O. Box 4748
State
FI
Zip Code 33758
City Clearwater
Phone Number
Attention: Alicia Farrell
Title
FOR APPROVAL OF CHARGES:
If the invoice is to be mailed for approval to someone other than the account charged, please indicate where to mail the invoice in the
space below.
Firm Same as above.
Address City
State
Zip Code
Phone Number
Attention:
Title
PROPERTY OWNER IDENTIFICATION (If Other than Above):
Name
Address
State
Zip Code
City
Phone Number
Attention:
Title
SPECIAL INSTRUCTIONS:
PAYMENT TERMS:
Compensation will be in accordance with the proposal reierenced above, Invoices will be issued monthly. Client agrees to pay all charges not in dispute within
30 days of receipt of invoice and recognizes thar charges not paid within 30 days are subject to a late payment charge of 1.5 percent of the balance due for each
additional month or fraction thereof that undisputed charges remain unpaid, Charges held in dispute will be called to the attention of QORE within IO days
of receipt of invoice. Client agrees to pay cost of collection, including reasonable attorney's fees, if invoices are collected by law or through an attorney, Client
further agrees that QORE has the right to suspend or terminate service if undisputed charges are not paid within 45 days of receipt of QORE invoice and agrees
to waive any claim against QORE and to indemnify, defend and hold QORE harmless from and against any cbims arising from QORE's suspension or
termination due to Client's failure to provide timely payment,
PROPOSAL ACCEPTANCE:
The Terms and Conditions of this Proposal, including the Terms on this page and the reverse hereof are:
Accepted this day of x)e 2000
Print or type individual, Firm or corporate body name
Signature of authorized representative
Print or type name of authorized reprcscnt8.tive and title
f
TERMS AND CONDITIONS
1. STANDARD OF CARE
Client recognizes that subsurface conditions may vary from those observed at
locations where borings, surveys, or explorations are made, and that site conditions
may change with time. Data, interpretations, and recommendations by QORE
will be based solely on information available to QORE. QORE is tesponsible for
those data, interpretations, and recommendations, but will not be responsible for
other parties' interpretations or LIse of the clata.
Services performed by QORE under this Agreement are expected by Client to
be conducted in a manner consistent with the level of care and skill ordinarily
exercised by members of the geotechnical cngineedng profess Lon pranking
contemporaneoLlsly under similar conditions in the lucality of the project.
Under no circumstance is any warranty, expressed or implied, made in connection
\vith the providing of geotechnical engineering.
2. RISK ALLOCATION
Nlany risks potentially affect QORE by virtue of entering into this Agreement
to pcrfunn professional engineering services on behalf of Client. The principal
risk is the potential for human error by QORE. For Client to obtain the benefit
of a fee which includes a nominal allowance for dealing with QORE's liahility,
Client agrees co lirnit QORE's liability to Client and to aU other panics for
claims arising out of QORE's performance of the services described in this
Agreement, The aggregate liability of QORE wlll not exceed 550,000,00 or the
amount of our fee, whichever is greater, for negligent professional acts, errors, or
omissions. The limit of professional liability can be increased to a maximum of
$1,000,000,00 upon client written request provided th::1t client agrees to pay an
additional consideration of 10 percent of the total fee or $500.00, whichever is
greater. The additional charge is because of the greater risk assumed and is not
a charge for additional professional liability insurance. Client agree:3 to indemnify
and hold harmless QORE from and against all liabilities in excess of the monetary
limit established above.
Limitations on liabtlity and indemnities in this Agreement are business
understandings between the partie5 n:'duntarily and knowingly entered into,
and shall apply to all theories of recovery including, but not limited to, breach
of contract, warranty, ton (including negligence), strict or statutory liability, or
any other cause of action, except for willful misconduct or gross negligence.
The parties also agree that Client will not seek dam::lges in excess of the limitations
indirectly through suits with other p<-1ntes who may join QORE as a third~pany
defendant. Parties mean Client and QORE and their officer~, employees,
agents, affLljates, and subcontractor",.
Both Client and QORE agree that they \\"ill nor be liable to each otner, under
any circumstances, for special, indirect, cDnsequential, or puniti\'l.:: damages arising
out of or related to this Agreement.
3. DISPUTE RESOLUTION COSTS
Should third~party dispute resolution be required through litigatic,n, arbitration,
or an alternative dispute resolution method, the nonpre\'ailing pany shall
reimburse the prevailing party fur the prevailing party's documented legal costs
in addition to whatever judgement or settlement sums may be due, Such costs
shall include reasonable attorney's fees, court costs, consultant and cx~'ert
witness fees, and other documented expenses as well as the value of time :,pent
by the prevailing party and its employees to research the issues, discuss the matter
with attorneys, ete. Insofar 8S QORE is concerned, the value of time spent shall
be based upon QORE's prevailing fee schedule,
4. SITE ACCESS AND SITE CONDITIONS
Client will grant or obtain free access to the site for all equipment and personnel
necessary for QORE to perform the \Yurk set forth in this Agreement. Client
will notify any and all possessor::; of the project site that Client ha.<: granted
QORE free access to the site. QORE \Yill tclke reasonable precautions to minilTli:e
darnage to the site, but it is under",((JllLI hy Client that, in the normal course of
work, some damage may occur and the correctiun of such damage is not part of
this Agreement unless so specified in the Proposal.
Client LS responsible for accurately prm'iding the locattCll1s of all subterwnean
structures and utilities and wetland ",ensttive areas, QORE will take reasonable
precautions to avoid known subterranean structures and wetland ~en5iti\.e
areas, Client waives any claim against QORE, and agrees to dcfen"l, indemnify,
and hold QORE harmless frDm any claim or liability for injury or luss, including
costs of defense, arising from damage done to subterranean strucrures and utilities
and, unless QORE has been contracted to delineate wetland areas on the site,
to wetland ~ensiti\'e areas not identified or accurately located. In addition,
Client agrees to compensate QORE {or any time spent or expenses incurred in
defense of an'}" such claim, with compensation to be based upon QORE's
prevailing fee schedule and expense reimbursement policy.
5. SAFETY
Should our company provide observations or monitoring services at the job
site during construction, Client agrees that, in accordance \\'ith the generally
accepted construction practice, the contractor \vill be soldy :tnd cornpleteh'
responsible for working conditions on the jol") site, including ::'clfety of all persons
and property during the performance of the work and compliance with OSHA
regulations. These requirements will applji continuously and \\-ill nDt 1;12 limiceJ
to normal working hours. An;.! monitoring of the contract,n's procedures
conducted by our company does not include review of the adequacy of the
contractor's safety measures in, on, adjacent tD, or near the construction site.
6. MONITORING
If QORE is retained by Client to provide a site repre::;cntati\'e tor the purpose
of monitoring specific portions of construction \\'ork or other fidd activiries as
set forth in the Proposal, then this phra~e 8}:'plics. For the specified 85signment,
QORE will report observations and professional opinions tl' Client. No action
of QORE or QORE's site representative can be construed as altering any
Agreement between Client and others, QORE will report to Client any
observed geotechnically related work which, in QORE's professional opinion,
docs not conform with plans and specifications. The QORE representative has
no right to reject or stop work of any agent of the Client. Such rights are
reserved solely for Client. Furthermore, QORE's presence on site does not in
any way guarantee the completion or quality of the performance of the work of
any party retained by Client to provide field or constn.lction~related services.
QORE will not be responsible for and will not have control or charge of specific
means, methods, techniques, sequences, or prucedures of construction or other
field activitles selected by any -agent of the Client.
7, SAMPLING OR TEST LOCATION
Unless otherwise stated, the fees in this proposal do n.ot include costs
associated with surveying of the site for the accurate horizontal and vertical
locations of tests. Field tests or boring locations described in a repon or shown
on sketches are based upon information furnished by others or estimates I'L1ade in
the field by our representatives. Such dimensions, depths, or elevations should
be considered as approximations unless othenvise stated. If the client :~recifies
the test or boring location, we reserve the right to deviate a reasonable distance
from the location specified.
8. SAMPLE DISPOSAL
Unless otherwise requested, test specimens or samples will be disposed of
immediately upon completion of tests, and other drilling samples or specimens
will be disposed of 60 days after subm.ission of our report. Upon written request,
we will retain test specimens or drilling samples for a mutually acceptable storage
charge and period elf time.
9. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS
Client represents that Client has made a reasonable effort to evaluate if
ha:ardolls materials are on or near the project site, and that Client has informed
QORE of Client's findings relative to the possible presence of such materials.
Hazardous materials may exist at a site where there is no reason to believe they
could or should be present. QORE and Client agree that the discovery of
unanticipated h,azardous materiais constitutes a changed condition mandating a
renegotiation of the scope of work or termination of services. QORE and Client
also agree that the discovery of unanticipated hazardous materials may make it
necessary for QORE to take immediate measures to protect health and safety.
Client agrees to compensate QORE for any equipment decontamination or
other costs incident to the discovery of unanticipated hazardous materials.
QORE 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 ::lppropriate governing agencies. Client also
agrees to hold QORE harrnless (or any and all of disclosures made
by QORE which are required by governing law. In event the project site is
not owned b~' Client, Client recognizes that it is Client's responsibility to
inform the property owner of the discovery of un:.:mticipated hazardous materials
or sLlspected ha:ardous materials.
Notwithstanding any uther provision of the Agreement, Client waives any
claim again",t QORE and, to the maximum extent permitted by la\N, agrees to
defend, indemnify, and save QORE harmless from any claim, liability, and/or
defense costs for injury or loss artsing from QORE's discovery of unanticipated
hazardous materials or suspected hazardous materials, including, but not limited
to, any costs created by delay of the project and any cost associated with possible
reduction of the property's vallle.
10.TERMINATION
This Agreement may be terminated by either party seven (7) days after written
notice in the event of any breach of any provision of this Agreement or in the
event of 5ubstantial Ltilure of performance by the other or if Client suspends
the work for more than three (3) months. In the event termination, QORE
will be paid for services perfurmed prior to the date of termination plus reasonable
tcnninatic1l1 expenses, including, bur not limited to, the cost of completing
analyses, records, and reports necessary to document job status at the time of
tenninar:ion.
11.0WNERSHIP OF DOCUMENTS
All documents including, but not limited to, drawings, specifications, reports,
boring l(lgs, field notes, laboratory test data, calculations, ;:md estimates prepared
by our firm as instruments of service pursuant to this Agreement shall be the
sllle property of QORE. Client agrees that all documents of any nature furnished
to Client or Client's agents or designees, if not paid for, will be returned upon
demand and will not be used by Client for any purpose whatsoever. Client further
agrees that under nu circumstances shall any document produced by our firm,
pursuant to this Agreement, be used at any location or for any project not
expressly provided for i!1 this Agreement without our written permission. At
the request and expense of Client, we will provide Client with copies of documents
created In the performance of this work for a period not exceeding five years
foltmving submis",ion of the report or reports contemplated by this Agreement.
12.GOVERNING LAW AND SURVIVAL
The validity, i.nterpretation, and performance of this Agreement shall be
governed by the law of the Stme in which the QORE office, identified as
"Consultant" on the Proposal Acceptance Sheet for this project, is located. In
addition, QORE and Client agree to submit to the personal and exclusive
jurisdiction and venue of said State with respect to any claims which may arise
under this Agreement. If any of the provisions contained in this Agreement are
held illegal, invalld, or unenforceable, the enforceablility of the remaining
provisions will nut be impaired. Limit8tions of liability and indemnities will
survive termination of this Agreement for any cause.
TERMS AND CONDITIONS
~
1. STANDARD OF CARE
Client recognizes that subsurface conditions may vary from those observed at
locations where borings, surveys, or explorations are made, and that site conditions
may change with time, Data, interpretations, and recommendations by QORE
will be based solely on information available to QORE. QORE is responsible for
those data, interpretations, and recommendations, but will not be responsible for
other parties' interpretations or use of the data.
Services performed by QORE under this Agreement are expected by Client to
he conducted in ..1 manner consistent with the level of care and skill ordinarily
exercised by members of the geotechnictll engineering profcs~ion practicing
contemporaneously under similar conditions in the locality of the project.
Under no circumstance is any warranty, expressed Of implied, made in connection
with the providing of geotechnical engineering.
2. RISK ALLOCATION
Many risks potentially affect QORE by virtue of entering into this Agreement
to perform professional engineering services on behalf of Client. The principal
risk is the potential for human error by QORE, For Client to obtain the benefit
of a fee which includes a nominal allowance for dealing with QORE's liability,
Client agrees to limit QORE's liability to Client amI to all other parties for
claims arising Ollt of QGRE's performance of the services described in this
Agreement. The aggregate liability of QORE will not exceed $50,000,00 or the
amount of our fee, whichever is greater, for negligent professional acts, errors, or
omissions. The limit of professional liability can he increased to a maximum of
$1,000,000,00 upon client written request provided that client agrees to pay an
additional consideration of 10 percent of the total fee or $500,00, whichever is
greater. The additional charge is because of the greater risk assumed and is not
a charge for additional professional liability insurance, Client agrees to indemnify
and hold harmless QORE from and against all liabilities in excess of the monetary
limit established above,
Limitations on liability and indemnities in this Agreement are business
understandings hetween the parties voluntarily and knowingly entered into,
and shall apply to all theories of recovery including, but not limited to, breach
of contract, warranty, tort (including negligence), strict or statutory liability, or
any other cause of action, except for willful misconduct or gross negligence.
The parties also agree that Client will not seek damages in excess of the limitations
indirectly through suits with other parties who may join QORE as a third-party
defendant. Parties mean Client and QORE and their officers, employees,
agents, affiliates, and suncontractors.
Both Client and QORE agree that they will not be liable to each other, under
any circumstances, for special, indirect, consequential, or punitive damages arising
out of or related to this Agreement,
3. DISPUTE RESOLUTION COSTS
Should third-party dispute resolution be required through litigation, arbitration,
or an alternative dispute resolution method. the nonprevailing party shall
reimburse the prevailing party for the prevailing party's documented legal costs
in addition to whatever judgement or settlement sums may be due, Such costs
shall include reasonable attorney's fees, court costs, consultant and expert
witness fees, and other documented expenses as well as the value of time spent
by the prevailing party and its employees to research the issues, discuss the matter
with attorneys, ete. Insofar as QORE is concerned, the value of time spent shall
be based upon QORE's prevailing fee schedule.
4. SITE ACCESS AND SITE CONDITIONS
Client will grant or obtain free access to the site for all equipment and personnel
necessary for QORE to perform the work set forth in this Agreement. Client
will notify any and all possessors of the project site that Client has granted
QORE free access to the site, QORE 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.
Client is responsible for accurately providing the locations of all subterranean
structures and utilities and wetland sensitive areas. QORE will take reasonable
precautions to avoid known subterranean structures and wetland sensitive
areas. Client waives any claim against QORE, and agrees to defend, indemnify.
and hold QORE harmless from any claim or Iiahility for injury or loss, including
costs of defense, arising from damage done to subterranean structures and utilities
and, unless QORE has been contracted to delineate wetland areas on the site,
to wetland sensitive areas not identified or accurately located. In addition,
Client agrees to compensate QGRE for any time spent or expenses incurred in
defense of any such claim, with compensation to be based upon QORE's
prevailing fee scbedule and expense reimbursement policy,
5. SAFETY
Should our company provide observations or monitoring services at the job
site during construction, Client agrees that, in accordance with the generally
accepted construction practice, the contractor will be solely and completely
responsible for working conditions on the job site, including safety of all persons
and property during the performance of the work and compliance with OSHA
regulations, These requirements will apply continuously and will not be limited
to normal working hours. Any monitoring of the contractor's procedures
conducted by our company does not include review of the adequacy of rhe
contractor's safety measures in, on, adjacent to, or near the construction site.
6. MONITORING
If QORE is retained by Client to provide a site representative for the purpose
of monitoring specific portions of construction work or other field activities as
set forth in the Proposal, then rhis phrase applies, For the specified assignment.
QORE will report observations and professional opinions to Client. No action
of QORE or QORE's site representative can be construed as altering any
Agreement between Client and others. QORE will report to Client any
observed geotechnically related work which, in QORE's professional opinion,
does not conform with plans and specifications, The QORE representative has
no right to reject or stop work of any agent of the Client. Such rights are
reserved solely for Client, Furthermore, QORE's presence on site does not in
any way guarantee the completion or quality of the performance of the work of
any party retained by Client to provide field or construction-related services,
QORE will not be responsible for and will not have control or charge of specific
means, methoJs, techniques, sequences, or procedures of construction or other
field activities selected by any agent of the Client.
7. SAMPLING OR TEST LOCATION
Unless otherwise stated, the fees in this proposal do not include costs
assodated with surveying of the site for the accurate horizontal and vertical
locations of tests. Field tests or boring locations described in a report or shown
on sketches are based upon information furnished by others or estimates made in
the field by our representatives. Such dimensions, depths, or elevations should
be considered as approximations unless otherwise stated, If the client specifies
the test or boring loc<ltion, we reserve the right to deviate a reasonable distance
from the location specified,
8. SAMPLE DISPOSAL
Unless otherwise requested, test specimens or samples will be disposed of
immediately upon completion of tests, and other drilling samples or specimens
will be disposed of 60 days after submission of our report, Upon written request,
we will retain test specimens or drilling samples for a mutually acceptable storage
charge and period of time,
9, DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS
Client represents that Client has made a reasonable effort to evaluate if
hazardous materials are on or near the project site, and that Client has informed
QORE of Client's findings relative to the possible presence of such materials,
Haz<lrdous materials may exist at a site where there is no reason to believe they
could or should be present. QORE and Client agree that the discovery of
unantidpatecl hazardous materials constitutes a changed condition mandating a
renegotiation of the scope of work or termination of services, QORE and Client
also agree that the discovery of unanticipated hazardous materials may make it
necessary for QORE to take immediate measures to protect health and safety.
Client agrees to compensate QORE for any equipment decontamination or
other costs incident to the discovery of unanticipated hazardous materials.
QORE 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 QORE harmless for any and all consequences of disclosures made
by QORE which are required by governing law. In the event the project site is
not owned by Client, Client recognizes that it is Client's responsibility to
inform the property owner of the discovery of unanticipated hazardous materials
or suspected hazardous materials.
Notwithstanding: <lny other provision of the Agreement, Client waives any
claim against QORE and, to the maximum extent permitted by law, agrees to
defend, indemnify, and save QORE harmless from any claim, liability, and/or
defense costs for injury or loss arising from QGRE's discovery of unanticipated
hazardous materials or suspected hazardous materials, including, but not limited
to, any costs created by delay of the project and any cost associated with possible
reduction of the property's value,
IO.TERMINATION
This Agreement may be terminated by either party seven (7) days after written
notice in the event of any breach of any provision of this Agreement or in the
event of substantial failure of performance by the other party. or if Client suspends
the work for more than three (3) months. In the event of termination, QORE
will be paid for services performed prior to the date of termination plus reasonable
termination expenses, including, but not limited to, the cost of completing
analyses, records, and reports necessary to document job status at the ttme of
termination.
11.0WNERSHIP OF DOCUMENTS
All documents including, but not limited to, drawings, specifications, reports,
boring logs, field notes, laboratory test data, calculations, and estimates prepared
by our firm as instruments of service pursuant to this Agreement shall be the
sole property of QORE. Client agrees that all documents of any nature furnished
to Client or Client's agents or designees, if not paid for, will be returned upon
demand and will not be used by Client for any purpose whatsoever. Client further
agrees that under no circumstances shall any document produced by our firm,
pursuant to this Agreement, be used at any location or for any project not
expressly provided for in this Agreement without our written permission. At
the request and expense of Client, we will provide Client with copies of documents
created in the performance of this work for a period not exceeding five years
following submission of the report or reports contemplated by this Agreement.
12.GOVERNING LAW AND SURVIVAL
The validity, interpretation, and performance of this Agreement shall be
governed by the law of the State in which the QORE office, identified as
"Consultant" on the Proposal Acceptance Sheet for this project, is located. In
addition, QORE and Client agree to submit to the personal and exclusive
jurisdiction and venue of said State with respect to any claims which may arise
under this Agreement, If any of the provisions contained in this Agreement are
held illegal, invalid, or unenfmceable, the enforceablility of the remaining
provisions will not be impaired, Limitations of liability and indemnities will
survive termination of this Agreement for any cause.
Exhibit B
FINAL AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Gilberto Ramos, P.E., as Vice President of Qore,
Inc., who, after being first duly sworn, deposes and says of his personal knowledge as follows:
I. He is the Vice President of Qore, Inc., [Consultant], which does business, in the State of Florida
(hereinafter referred to as the "Consultant").
II. The Consultant, pursuant to a contract dated November 10, 2000 as revised on Decempber 8, 2000,
with City of Clearwater (hereinafter referred to as the "Client"), has furnished or caused to be furnished labor, material and
services for the construction of certain improvements as more particularly set forth in said contract.
III. This Affidavit is executed by the Consultant in accordance with Section 713.06(3)(d) of the Florida
Statutes for the purpose of obtaining a final payment from the Client in the amount of $41,219.00.
IV. All work performed under the contract referred to above has been fully completed, and alllienors under
this contract have been paid in full, except the following list of lienors:
STATE OF FLORIDA
COUNTY OF PINELLAS
Sworn to and subscribed before me this _ day of
,2000.
Notary Public
Print:
Personally known
OR Produced ID
Type of ID Produced
OR174079;1
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