2017-63 Anchorage Park Bulkhead ProjectRESOLUTION 2017-63
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A PROPOSAL FROM
ENGENUITY GROUP, INC. FOR SURVEYING, ENGINEERING AND
CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED WITH
THE ANCHORAGE PARK BULKHEAD PROJECT AND AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village is a party to a Continuing Contract for Professional Engineering Services
with Engenuity Group, Inc. to perform engineering and related services as Village Engineer; and
WHEREAS, Village Administration recommended accepting the proposal submitted by
Engenuity Group, Inc., and its subconsultants Terracon and Alan Gerwig and Associates, Inc., to
perform surveying, civil engineering, geotechnical engineering, structural engineering and
contract administration services for the Anchorage Park Bulkhead Project; and
WHEREAS, the Village Council determines that adoption of this Resolution accepting the
proposal from Engenuity Group, Inc. is in the best interests of the residents and citizens of the
Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves and accepts the proposal from Engenuity Group, Inc.
pursuant to the Continuing Contract for Professional Engineering Services to perform, along
with its subconsultants, surveying, engineering, and contract administration services for the
Anchorage Park Bulkhead Project at a total cost of $57,600.00, with funds expended from
Account No. U8028-66210 (Parks and Recreation —Anchorage Park). The Village Council further
authorizes the Village Manager to execute all documents necessary to effectuate these services.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 24TH DAY OF AUGUST, 2017.
(Village Seal)
ATTEST:
VILLAGE CLERK
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6 MAYOR
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ENGINEERS SURVEYORS GIS MAPPERS
August 1, 2017
Revised August 8, 2017
Revised August 28, 2017
Mr. Steven J. Hallock
Director of Public Works
Village of North Palm Beach
645 Prosperity Farms Road
North Palm Beach, FL 33408
(Sent Via E -Mail: shallock@village-npb.org)
Re: Anchorage Park Master Plan - Bulkhead Structural Plan
North Palm Beach, Florida
Engenuity Group Project No. 03045.104.03
Dear Mr. Hallock:
C. ANDRE RAYMAH, P.S.M.
KEITH B. JACKSON, P.E.
LISA A. TROPEPE, P.E.
ADAM SWANEY, P.E., LEED AP
We are pleased to offer this proposal to render professional civil
engineering services in connection with the design of a new bulkhead,
(hereinafter called the "Project").
North Palm Beach would like to replace approximately 250' of failing
bulkhead with new bulkhead to the north of the existing boat ramp. In
addition, approximately 50' of new bulkhead will be placed just south of
the boat ramp where failing bulkheads will be removed. Excavation of
upland property will also be accomplished. A new bulkhead cap will be
constructed over the existing cap on the bulkhead further to the south.
This proposal will include the use of our team sub -consultants for structural
and geotechnical engineering.
Our services as set forth in Exhibit "A" will be provided for a lump sum of
$57,600.00 based on the following distribution of compensation:
Engenuity Group
A. Survey of Existing Conditions $ 2,600.00
B. Coordination and Project Manual $ No fee
C. Construction Administration Services $ 2,000.00
2017 08-28 Proposal
Project No. 03045.104.03
Pagqe 1 of 2
1280 NORTH CONGRESS AVENUE, SUITE 101 WEST PALM BEACH, FL 33409 T 561.655.1151 F 561.832.9390 WWW.ENGENUITYGROUP.COM
Sub -consultants (Proposals attached in Exhibit "B"l:
A. Geotechnical (Terracon) $ 6,000.00
B. Structural Design (Alan Gerwig & Associates, Inc.) $26,000.00
C. Structural- Construction Administration Services $21,000.00
(Alan Gerwig & Associates, Inc.)
The fee for the sub -consultants will be invoiced through Engenuity and no
mark-up will be added to their fee. The total fee does not include the
payment of any governmental agency submittal or processing fees. The
cost of printing, reproduction, facsimile, mileage, and postage are
included in our fee.
This proposal and Exhibit "A" and "B" represent the entire understanding
between you and us with respect to the Project. If this satisfactorily sets
forth your understanding of our scope of services, we would appreciate
you providing written authorization to proceed.
Fee reduction granted per Village Council direction at their August 24, 2017
Council meeting.
PURSUANT TO FLORIDA STATUTES §558.0035 (2013) AN INDIVIDUAL
EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR
NEGLIGENCE
Sinc rely,
t ,
Adam Swaney, P.E.
Director of Engineering
Enclosures
Ac epted this day of
__2017.
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(Owner)
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Keith B. • •
-President
Enclosures
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2017 08-28 Proposal
Project No. 03045.104.03
Page 2 of 2
EXHIBIT "A"
Anchorage Park Master Plan - Bulkhead Structural Plan
North Palm Beach, Florida
Engenuity Group Project No. 03045.104.03
ENGINEER'S SERVICES:
A1.01 Design Phase Services
A. Meet with OWNER to define and clarify OWNER'S requirements for the
Project and available data.
B. Prepare existing conditions survey for use in structural design and plan
preparation.
C. Project Manual suitable for advertising a Request for Proposals ("RFP") on
the bulkhead repair project. Manual will include structural drawings
prepared by Alan Gerwig & Associates, Inc.
D. Prepare an opinion of probable construction cost based on ENGINEER'S
best judgment as an experienced and qualified professional engineer
generally familiar with the construction industry. Since ENGINEER has no
control over the costs of labor, materials, equipment or services furnished
by others, or over the CONTRACTOR'S methods of determining prices, or
over competitive bidding or market conditions, ENGINEER cannot and
does not guarantee that proposals, bids or actual Construction Cost will
not vary from opinions of probable Construction Cost prepared by
ENGINEER.
E. Construction Observation Services:
Perform observations of construction of the new sea walls and the repair
of the existing sea wall cap to monitor construction quality and to advise
contractor of any deviations observed for corrective actions. The
frequency of observations will be such that at the end of the project a
certification that the sea wall cap was constructed substantially in
accordance with the approved plans. Means and methods will not be
dictated. The fee is based on a 150 day construction schedule that
includes 13 days of pile driving.
EXHIBIT "A" - ENGINEER'S SERVICES PAGE 1 OF 1
201708-08
Exhibit "B"
July 26, 2017
Engenuity Group, Inc.
Attn: Keith Jackson, P.E.
1280 North Congress Ave, Ste. 101
West Palm Beach, FL 33409
Telephone: 561.655.1151
E-mail: kjackson@engenuitygroup.com
RE: Proposal for Geotechnical Engineering Services
Improvements to Anchorage Park Bulkhead
North Palm Beach, Florida
Terracon Proposal No. PHD175099
Dear Mr. Jackson:
Irerracon
Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal for
Geotechnical Engineering Services for the above -referenced site.
1.0 PROJECT INFORMATION
The subject bulkhead project is located within Anchorage Park and provides grade separation
between the western edge of the park and an inland, navigable waterway. We understand that
the project is to consist of the installation of 250 lineal feet (plan dimension) of new bulkhead
that is to be constructed in front of (i.e. waterside of) an existing bulkhead, and the installation of
an additional 50 lineal feet of new bulkhead. Further, we understand that the new bulkhead is to
be comprised of a concrete king pile and panel wall. Subsurface exploration and geotechnical
engineering are needed at this time to understand the subsurface conditions and to provide
geotechnical design criteria for the new bulkhead.
We propose to explore the subsurface conditions on the land side of the new bulkhead
locations, and have assumed that such locations are accessible with a conventional truck-
mounted drilling rig.
2.0 SCOPE OF SERVICES
2.1. Base Geotechnical Services
The subsurface study will entail the following tasks:
Terracon Consultants, Inc. 1225 Omar Road, West Palm Beach, Florida
- P 561.689.4299 F 561.689.5955 http://www.terracon.com/
Proposal for Geotechnical Engineering Services
Anchorage Park Bulkhead Improvements
1. Visit the site to field -mark the borings and initiate public utility clearance through the
Sunshine One Call of Florida.
2. Mobilization of a truck mounted drilling rig and support equipment to the subject site.
3. At two locations, drill Standard Penetration Test borings to a depth of 40 feet. Samples
of the subsurface materials will be obtained at frequent vertical intervals using
procedures prescribed in ASTM D 1586 (the Standard Penetration Test). The borings
will be grouted upon completion.
4. Review of the data from the borings and classification of the subsurface components in
accordance with the Unified Soil Classification System (ASTM D 2487) and appropriate
geologic nomenclature. Limited laboratory testing (such as moisture content and organic
content testing) will be performed as needed to aid in the soils classification and
assessment of the subsurface materials.
5. Preparation of a boring location plan and subsurface profiles for the borings.
6. Preparation and submittal of a report which presents the factual information obtained
from the field and laboratory data. The report will also include the following design
criteria:
• For each prominent stratum in the borings, lateral earth pressure design criteria
will be provided, including moist and saturated unit weights, angle of internal
friction, cohesion values, and active and passive earth pressure coefficients.
• Vertical capacities of precast, pre -stressed concrete piles, of various sizes and
lengths. Depth vs capacity curves will be developed for two pile sizes. This
analysis will be made in concert with the project structural engineer.
• Deflection and bending moment responses to lateral load for various sizes and
lengths of precast, pre -stressed concrete piles. The analysis will be completed
for two pile sizes in concert with the project structural engineer.
2.2 Schedule
We are prepared to initiate our work within ten days after receiving your written notification to
proceed. After the mandatory utility locate request and waiting period (48 hours), we expect to
complete the field work in one day, barring wet weather related delays. Laboratory testing,
engineering data evaluation and report preparation will require about two weeks. Thus the
overall time frame for our work will be about 4 to 5 weeks.
2.3 Safety
At Terracon, we all have a personal and uncompromising commitment to everyone going home
safely each and every day. Incident and Injury -Free (IIF' is about care and concern for
people. It is our personal and organizational commitment at all levels of the company and is
where safety is held as a core value as well as an operational priority. Working safely is an
2 1 P a g e
Proposal for Geotechnical Engineering Services
Anchorage Park Bulkhead Improvements
inseparable part of working correctly, just as much as other operational priorities, in particular
quality, profitability and schedule. Incident and Injury -Free is our commitment to our people and
others, who we value for who they are and what they do. IIF is not just something we do, it's in
everything we do. As part of our IIF process, we will prepare a "Pre -Task Plan" for this project
where we will identify the potential site safety and job hazards associated with your site. Our
Pre -Task Plan will identify and prepare our personnel to be able to handle conditions such as
but not limited to traffic control, environmental contamination, site access issues, overhead and
underground utilities, adverse weather conditions, and personal protection equipment and will
continually be reviewed and reevaluated throughout the field work activities. We understand
that each site is unique and may contain different safety conditions and as a company to protect
our personnel as well as others, we look at each site individually to identify the potential
concerns.
3.0 COMPENSATION
Based upon our general knowledge of the subsurface conditions of the site area and an
understanding of the project, we are willing to provide the services outlined earlier for a fixed
price of $6,000.00, as itemized below.
A. Start Up
• Stake Borings & Utility Clearance: Lump Sum ................................$ 500.00
B. Subsurface Exploration
• Mobilization of Drilling Rig and Equipment: Lump Sum ...................$ 500.00
• SPT Borings: 80 lineal feet at $15/foot............................................$ 11200.00
• Grout Seal Boreholes: 80 lineal feet at $5/foot................................$ 400.00
• Field Engineer: 8 hours at $85/hour................................................$ 680.00
C. Laboratory Testing: Lump Sum.............................................................$ 220.00
D. Geotechnical Engineering & Report: Lump Sum ...................................$ 2,500.00
Total $ 6,000.00
The fee is valid for 90 days from the date of this proposal and is based on the assumption that
all field services will be performed under safety Level D personal protective procedures. The
fee is based on the assumptions and conditions provided at the time of this proposal. Further,
the scope and fee are predicated upon the assumption that the borings will be accessible with a
truck -mounted drilling rig. Should it be necessary to expand our services beyond those outlined
in this proposal, we will notify you, then send a supplemental proposal stating the additional
services and fee. We will not proceed without your authorization.
_
3 1 P a g e
Proposal for Geotechnical Engineering Services
Anchorage Park Bulkhead Improvements
4.0 AUTHORIZATION
If this proposal meets with your approval, work may be initiated by signing the attached
Agreement for Services and returning this proposal and the Agreement to our office via scan
and email. We appreciate the opportunity to provide this proposal and look forward to working
with you on this project. If you have any questions or comments regarding this proposal or
require additional services, please call.
Sincerely,
Terracon Consultants, Inc.
Dan Marieni, P.E.
Geotechnical Department Manager
XIC4� 07
Kevin E. Aubry, P.E.
Senior Geotechnical Engineer
4 1 P a g e
Irerraco
Reference Number: PHD175099
AGREEMENT FOR SERVICES
This AGREEMENT is between Engenuity Group, Inc. ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for
Client on the Anchorage Park Bulkhead Improvements project ("Project"), as described in the Project Information section of Consultant's Proposal dated
07/26/2017 ("Proposal") unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this
Agreement).
1. Scope of Services. The scope of Consultant's services is described in the Scope of Services section of the Proposal ("Services"), unless Services
are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be
subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the
presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability
to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement.
Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time
of the Services.
2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to
execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's
request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement.
Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client
uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or
conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either
party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees
earned to the date of termination plus reasonable costs of closing the Project.
3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests,
Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the
requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs,
authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work
according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to
Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee.
4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Compensation
section of the Proposal unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If
not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued.
Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is
due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to
any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not
exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related costs that Consultant
incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether
federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing
wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a
retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold
harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing
wages, including the payment of any fines or penalties.
5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party
beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who
have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client.
6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS
PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE
ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS
RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF
$50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY
AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT
AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL
CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE
PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE,
CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT
APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY.
7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and
against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be
caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the
joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault
principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty
is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory
of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence
to run not later than the date of Consultant's substantial completion of Services on the project.
8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED,
CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND
CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the laws of
the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii)
Page 1 of 2 Rev. 10-16
I re rracon-
Reference Number PHID1 75099
commercial general liability insurance($1,000,000 oce/$2,000,000 agg); (iii)automobile liability insurance($1,000,000 B.I. and P.D. combined single
limit); and (iv) professional liability insurance($1,000,000 claim/agg). Certificates of insurance will be provided upon request. Client and Consultant
shall waive subrogation against the other party on all general liability and property coverage.
10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF
USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR
ANY SPECIAL,CONSEQUENTIAL,INDIRECT, PUNITIVE,OR EXEMPLARY DAMAGES,
11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and
until Client has obtained the written opinion from a registered, independent,and reputable engineer, architect, or geologist that Consultant has violated
the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall
endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law,This Agreement shall be governed by and construed
according to Kansas law.
12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other
exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable
distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client
accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in
the Services.
13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate
conditions only at the depths,locations,and times the procedures were performed.Consultant will provide test results and opinions based on tests and
field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to
reduce-not eliminate-project risk.Client shall cause all tests and inspections of the site, materials,and Services performed by Consultant to be timely
and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's
recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and
inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal,Client assumes
sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended
purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can
perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule
Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the
project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its
responsibility for defects discovered in its work, or create a warranty or guarantee.Consultant will not supervise or direct the work performed by Client's
contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total
estimated cost does not guarantee a maximum cost to complete the Services.The quantities,when given, are estimates based on contract documents
and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by
others,any quantity extensions must be considered as estimated and not a guarantee of maximum cost.
14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing
procedures(unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known
or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated
materials("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client
agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is
responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected
Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that
Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible
for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a
generator,disposer,or arranger of Affected Materials under federal,state,or local law or ordinance.
15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's
property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files
shall be maintained in general accordance with Consultant's document retention policies and practices.
16. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take
reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to
subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are
incorrectly shown on the plans furnished to Consultant.
17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and
complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures
for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client's
contractors,subcontractors,or other parties present at the site.
PURSUANT TO SECTION 558.0035 OF FLORIDA STATUTES, AN WNj-D)VI 'UAL EMPLOYEE
OR A , ENT CONSULTANT MAY NOT BE NEL
00 (1
L 'n DU LIABLE.
ty
Consultant: T aeon Con a Inc. Client: ro c
D
By: Date: 7/26/2017 By:
evin E Aubry Geote hnical Services
Name/Title: Manager Name/Title: Keith Jackson, P.E.
Address: 1225 Omar Rd Address: 1280 North Congress Avenue Suite I
West Palm Beach, FL 33405-1046 West Palm Beach, FL 33409
Phone: _A56�689-4299 — Fax: Phone: (561)655-1151 Fax:
Email: Kevin.Aubry@terracon.com Email: kjackson@engenuitygroup.com
Page 2 of 2 Rev. 10-16
12798 W. Forest Hill Boulevard
Suite 201
Wellington, FL 33414
Phone: (561) 792-9000 —
Fax: (561)792-9901
CA No. 7969
August 4, 2017
Keith Jackson, P.E.
Enginuity Group
1280 North Congress Avenue
Suite 101
West Palm Beach, FL 33409
Exhibit "B"
Alan Gcrw1'2 & Associates, Inc.
Consulting Engineers
RE: Structural Engineering Design Services - Sea Wall (New and Replacement)
City of North Palm Beach — Anchorage Park
Revised 8-4-17
Dear Mr. Jackson,
Alan Gerwig & Associates (AGA) ("Consultant") is pleased to submit this letter of agreement
("Agreement") for providing professional engineering services to Enginuity Group, ("Client") for
the above referenced project. Our project scope of services and fees are as follows.
Assumptions:
• Topographic survey and geotechnical engineering report on pile installation
recommendations will be provided by others prior to commencement of these design
services. Topographic survey must be detailed sufficiently to create the layout geometry
and establish mudline and upland elevations throughout the project limits. Utility
coordination will be performed by the Client.
• Existing utilities will be coordinated and adjustments, if necessary will be addressed by the
Client.
Scope of Work:
Design of two sections of new sea wall:
The south section of wall is located south of existing boat ramp and north of the boat slips
(approximately 50 LF in length). This wall will connect to the existing sea wall at the south
terminus and will extend to the boat ramp and will include a return along the boat ramp.
• The north section of sea wall is a replacement of an existing steel sheet pile wall. It is
located north of the existing boat ramp and is approximately 250 LF in length. The new sea
wall face will be positioned within 18" of the face of the existing seawall.
The type of wall system will be determined based on the results of the topographic survey data, the
geotechnical investigation, estimated cost, permit requirements and construction and
constructability.
Design of Concrete Cap Repair:
• Design a new cap to encapsulate the existing concrete cap. The horizontal cap dimension
will be determined based on topographic survey to create a straight cap alignment.
Deliverables:
30% Plans: Horizontal and vertical geometry, typical wall sections, and geotechnical engineering
report. Submit five copies and electronic copy for review and comment.
90% Plans: Plan layout completed, structural design details, and specifications of materials and
products. Specifications will be provided on plan sheets. Submit five copies and
electronic copy for review and comment.
Final Plans: Complete plans and specifications. Submit five copies and electronic copy for
review and comment.
Plans and specifications for the wall construction will be prepared suitable for inclusion in the bid
documents. Bidding and award assistance will include:
• Response to contractor's request for information
• Attend pre-bid meeting
• Review of bids and provide recommendations regarding award of construction contract.
Lump Sum Fee for Design: $26,000.00
Construction Observation Services:
Perform observations of construction of the new sea walls and the repair of the existing sea wall cap
to monitor construction quality and to advise contractor of any deviations observed for corrective
actions. The frequency of observations will be such that at the end of the project a certification that
the sea wall and sea wall cap was constructed substantially in accordance with the approved plans.
Means and methods will not be dictated. The fee is based on a 150 day construction schedule that
includes 13 days of pile driving.
Lump Sum Fee for Construction Observation: $21,000.00
Not Included in this Agreement
The following services are not included in this agreement
• Environmental Assessments (including environmental resource surveys)
• Preparation of as built drawings
• Jurisdictional agency permits and fees.
• Utility coordination
• Geotechnical Engineering and soils testing
• Topographic Survey
Standard General Conditions
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only
to, the terms and conditions in the attached Standard General Conditions. The term "the
Consultant" shall refer to Alan Gerwig & Associates, Inc., and the term "the Client" shall refer to
Enginuity Group.
If you agree and wish to direct us to proceed with the services, please sign below and initial all
pages in the spaces provided. Please return both originals for Alan Gerwig & Associates" execution
and an original will be mailed to you for your file.
We appreciate the opportunity to provide these services to you. Please contact me if you have any
questions.
Sincerely, '
/'
r
Alan Gerwig, P.E., LEED A.P.
Principal
Agreed to this_day of , 2017 A reed tWis'-I'daof US 2017
Alan L. Gerwig, P.E., President Keith Jack
Alan Gerwig & Associates, Inc. Enginuity Group
ALAN GERWIG & ASSOCIATES, INC.
STANDARD GENERAL CONDITIONS
Client's Responsibilities. In addition to other responsibilities described herein or imposed by law,
the Client shall:
a. Assist the Consultant by placing at its disposal all available information pertinent to the
Project including previous reports and any other data relative to studies, design, or construction
or operation of the Project.
b. Furnish to the Consultant, as required for performance of the Consultant's Services (except
to the extent provided otherwise in the "Scope of Services"), data prepared by or services of
others, including without limitation borings, probings and subsurface explorations, hydrographic
surveys, laboratory tests and inspection of samples, materials and equipment; appropriate
professional interpretations of all of the foregoing; environmental assessment and impact
statements; property, boundary, easement, right-of-way, topographic and utility surveys;
property descriptions; zoning, deed and other land use restrictions; and other special data or
consultations; all of which Consultant may use and rely upon in performing services under this
Agreement.
C. Provide Consultant surveys to establish reference points for construction (except to the
extent provided otherwise in "Scope of Services").
d. Arrange for access to and make all provisions for the Consultant to enter upon public and
private property as required for the Consultant to perform services under this Agreement.
e. Furnish approvals and permits for all government authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of the
Project.
f. Furnish to the Consultant data or estimates as to the Client's anticipated costs for services to
be provided by others as required for the Consultant to support opinions of probable total Project
costs.
g. Attend the pre-bid conference, bid opening, pre -construction conferences, construction
progress and other job-related meetings and substantial completion inspections and final
payment inspections.
h. Give prompt written notice to the Consultant whenever the Client observes or otherwise
becomes aware of any development that affects the scope or timing of Consultant's services, or
any defect or nonconformance in any aspect of the Project.
i. Bear all costs incident to the responsibilities of the Client.
Period of Services. This Agreement has been made in anticipation of conditions permitting orderly
and continuous progress of the Project through completion of the Services. The Consultant shall
begin work in a timely manner after receipt of a fully executed copy of this Agreement and will
complete the Services described in "Scope of Services" within a reasonable length of time. The
times for performance shall be extended as necessary for periods of delay or suspension resulting
from circumstances the Consultant does not control. If such delay or suspension extends for more
than six months (cumulatively) for reasons beyond the Consultant's control, the rates of
compensation provided for in this Agreement shall be renegotiated.
Compensation for Services.
a. The Consultant's compensation shall be as stated herein, unless otherwise provided in
"Scope of Services". The Client shall pay the Consultant an amount based upon the Consultant's
then -current hourly rates plus an amount to cover certain direct expenses including in-house
duplicating, local mileage, telephone calls, facsimiles, word processing, and postage. Other
direct expenses will be billed at 1.15 times cost.
b. If the Consultant's compensation is on an hourly basis, the parties may have estimated in
Exhibit A costs and expenses for the various portions of the Scope of Services. Services
undertaken or expenses incurred by the Consultant exceeding any estimates shall be the liability
of the Client.
C. The Client shall also be invoiced for and shall pay to the Consultant all taxes, if any, whether
state, local, or federal levied with respect to amounts paid hereunder.
4. Method of Payment.
a. Invoices will be submitted by the Consultant to the Client periodically for services
performed and expenses incurred. Client is also responsible for payment of any taxes, including
sales tax. When the Consultant's compensation is on a lump sum fee basis, the invoices will be
based upon the portion of total Services performed at the time of billing. If the Consultant's
compensation is on an hourly basis, the invoices shall be based on time expended in providing
the Services. Payment of each such invoice will be due within 25 days of receipt. Interest will
be added to accounts not paid within 25 days at the maximum rate allowed by law. If the Client
fails to make any payment due the Consultant under this or any other agreement within 30 days
after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the
Client, suspend services under this Agreement until it has been paid in full all amounts due.
b. If the Client objects to any charge on an invoice submitted by the Consultant, the Client shall
so advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or
all such objections shall be waived, and the amount stated in the invoice shall be conclusively
deemed due and owing.
C. The Client agrees that the payment to the Consultant is not subject to any contingency or
condition. The Consultant may negotiate payment of any check tendered by the Client, even if
the words "in full satisfaction" or words intended to have similar effect appear on the check
without such negotiation being an accord and satisfaction of any disputed debt and without
prejudicing any right of the Consultant to collect additional amounts from the Client.
Use of Documents. All documents, including but not limited to drawings, specifications and data or
programs stored electronically, prepared by the Consultant are related exclusively to the services
described in this Agreement and may be used only if the Client has satisfied all of its obligations
under this Agreement. They are not intended or represented to be suitable for use, partial use or
reuse by the Client or others on extensions of this project or on any other project. Any modifications
made by the Client to any of the Consultant's documents, or any use, partial use or reuse of the
documents without written authorization or adaptation by the Consultant will be at the Client's sole
risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the
Consultant harmless from all claims, damages, losses and expenses, including but not limited to
attorneys' fees, resulting therefrom. Any authorization or adaptation will entitle the Consultant to
further compensation at rates to be agreed upon by the Client and the Consultant. Any electronic
files not containing an electronic seal are provided only for the convenience of the Client, and use of
them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies
between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall
govern. Only printed copies of documents conveyed by the Consultant may be relied upon. Because
data stored in electronic media format can deteriorate or be modified without the Consultant's
authorization, the Client has 60 days to perform acceptance tests, after which it shall be deemed to
have accepted the data.
6. Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or
services furnished by others, methods of determining prices, or competitive bidding or market
conditions, all opinions rendered as to costs, including but not limited to opinions as to the costs of
construction and materials, shall be made on the basis of its experience and represent its judgment as
an experienced and qualified professional, familiar with the industry. The Consultant cannot and
does not guarantee that proposals, bids or actual costs will not vary from opinions of cost prepared
by it. If at any time the Client wishes greater assurance as to the amount of any cost, it shall employ
an independent cost estimator. Consultant's services required to bring costs within any limitation
established by the Client will be paid for as Additional Services.
Termination. The obligation to provide further services under this Agreement may be terminated by
either party upon seven days' written notice in the event of substantial failure by the other party to
perform in accordance with the terms hereof through no fault of the terminating party, or upon thirty
days' written notice for the convenience of the terminating party. If any material change occurs in
the ownership of the Client, the Consultant shall have the right to immediately terminate this
Agreement. In the event of any termination, the Consultant will be paid for all services performed to
the effective date of termination, all expenses subject to reimbursement, and other reasonable
expenses incurred by the Consultant as a result of such termination. If the Consultant's
compensation is determined on an hourly basis, the amount payable to the Consultant shall be based
on the time spent and expenses incurred on the Project to the effective date of termination. If the
Consultant's compensation is a lump sum, the amount payable to the Consultant will be a
proportional amount of the total fee based on a ratio of the services done, as reasonably determined
by the Consultant, to the total services which were to have been performed.
Insurance. The Consultant carries Workers' Compensation insurance, professional liability
insurance, and general liability insurance. If the Client directs the Consultant to obtain increased
insurance coverage, the Consultant will take out such additional insurance, if obtainable, at the
Client's expense.
9. Standard of Care. In performing its professional services, the Consultant will use that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members of its
profession practicing in the same or similar locality at the time the services are provided. No
warranty, express or implied, is made or intended by the Consultant's undertaking herein of its
performance of services, and it is agreed that the Consultant is not a fiduciary of the Client.
10. Limitation of Liability. In recognition of the relative risks and benefits of the Project to both the
Client and the Consultant, the risks have been allocated such that the Client agrees, to the fullest
extent of the law, and notwithstanding any other provisions of this Agreement or the existence of
applicable insurance coverage, that the total liability, in the aggregate of the Consultant and the
Consultant's officers, directors, employees, agents, and sub consultants to the Client or to anyone
claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever
arising out of, resulting from or in any way related to the services under this Agreement from any
cause or causes, including but not limited to, the negligence, professional errors or omissions, strict
liability or breach of contract or any warranty, express or implied, of the Consultant or the
Consultant's officers, directors, employees, agents, and sub -consultants shall not exceed twice the
total compensation received by the Consultant under this Agreement or $50,000, whichever is
greater. Higher limits of liability may be negotiated for additional fee. Under no circumstances
shall the Consultant be liable for lost profits or consequential damages, for extra costs or other
consequences due to changed conditions or for costs related to the failure of contractors to perform
work in accordance with the plans and specifications.
11. Certifications. The Consultant shall not be required to execute any certifications or other documents
that might increase the Consultant's risk or affect the availability or cost of its insurance.
12. Dispute Resolution. All claims by the Client arising out of this Agreement shall be submitted first
to mediation in accordance with the Construction Industry Mediation Rules of the American
Arbitration Association as a condition precedent to litigation. Any mediation or civil action must be
commenced within one year of the accrual of the cause of action asserted but in no event later than
allowed by applicable statutes.
13. Construction Phase Services.
a. If the Consultant's services include the preparation of documents to be used for construction
and the Consultant is not retained to make periodic site visits, the Client assumes all
responsibility for interpretation of the documents and for construction observation, and the
Client waives any claims against the Consultant in any way connected thereto.
b. The Consultant shall have no responsibility for any contractor's means, methods, techniques,
equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall
Consultant have any authority or responsibility to stop or direct the work of any contractor. The
Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree
of confidence that the completed work of its contractors will generally conform to the
construction documents prepared by the Consultant. Consultant neither guarantees the
performance of contractors, nor assumes responsibility for any contractor's failure to perform its
work in accordance with the contract documents.
C. The Consultant is not responsible for any duties assigned to the design professional in the
construction contract that are not expressly provided for in this Agreement. The Client agrees
that each contract with any contractor shall state that the contractor shall be solely responsible
for job site safety and for its means and methods; that the contractor shall indemnify the Client
and the Consultant for all claims and liability arising out of job site accidents; and that the Client
and the Consultant shall be made additional insured's under the contractor's general liability
insurance policy.
14. Hazardous Substances.
a. Services related to determinations involving hazardous substances or conditions, as defined
by federal or state law, are limited to those tasks expressly stated in the scope of services. In any
event, Consultant shall not be a custodian, transporter, handler, arranger, contractor, or
remediator with respect to hazardous substances and conditions. Consultant's services will be
limited to professional analysis, recommendations, and reporting, including, when agreed to,
plans and specifications for isolation, removal, or remediation.
b. The Consultant shall notify the Client of hazardous substances or conditions not
contemplated in Exhibit A of which the Consultant actually becomes aware. Upon such notice
by the Consultant, the Consultant may stop affected portions of its services until the hazardous
substance or condition is eliminated. The parties shall decide if Consultant is to proceed with
the services and if Consultant is to conduct testing and evaluations, and the parties may enter
into further agreements as to the additional scope, fee, and terms for such services.
C. Except to the extent of negligence, if any, on the part of the Consultant in performing
services expressly undertaken in connection with hazardous substances and conditions, the
Client agrees to hold harmless, indemnify, and defend the Consultant from and against any and
all claims, losses, damages, liability, and costs in any way arising out or connected with the
presence, discharge, release, or escape of hazardous substances or conditions of any kind, or
environmental liability of any nature, in any manner related to services of the Consultant.
15. Assignment and Subcontracting. Nothing under this Agreement shall be construed to give any
rights or benefits in this Agreement to anyone other than the Client and the Consultant, and all duties
and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit
of the Client and the Consultant and not for the benefit of any other party. The Client shall not
assign, sublet or transfer any rights under or interest in this Agreement, or any claim arising out of
the performance of services by Consultant, without the written consent of the Consultant. The
Consultant reserves the right to augment its staff with sub -consultants as it deems appropriate due to
project logistics, schedules, or market conditions. If the Consultant exercises this right, the
Consultant will maintain the agreed-upon billing rates for services identified in the contract,
regardless of whether the services are proved by in-house employees, contract employees, or
independent sub -consultants.
16. Confidentiality. The Client consents to the Consultant's use and dissemination of photographs of
the Project and to its use of facts, data and information obtained by the Consultant in the
performance of its services. If, however, any facts, data or information are specifically identified in
writing by the Client as confidential, the Consultant shall use reasonable care to maintain the
confidentiality of that material.
17. Pursuant to Florida Statute 58.0035, an individual employee or agent may not be held
individually liable for negligence
END OF AGREEMENT FOR SERVICES