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2017-71 Lighthouse Bridge Engineering ServicesRESOLUTION 2017-71 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A PROPOSAL FROM ENGENUITY GROUP, INC. FOR ENGINEERING, BIDDING AND CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED WITH REPAIRS TO THE LIGHTHOUSE DRIVE BRIDGE; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE BUDGET TO TRANSFER $25,190.00 FROM INFRASTRUCTURE SURTAX FUNDS TO THE STREETS AND GROUNDS — CONSTRUCTION AND MAJOR RENOVATION ACCOUNT TO FUND THESE SERVICES; 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 subconsultant Alan Gerwig and Associates, Inc., to perform engineering, bidding and construction administration services associated with repairs to the Lighthouse Drive bridge; and WHEREAS, the Village seeks to amend the budget to transfer $25,190.00 from the Infrastructure Surtax Funds to the Streets and Grounds — Construction and Major Renovation Account to fund these services; and WHEREAS, the Infrastructure Surtax Oversight Committee recommended the use of Infrastructure Surtax funds for this project, and the Village Council determines that the use of such funds complies with all legal requirements, including, but not limited to, Section 212.054, Florida Statutes; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. 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 submitted by Engenuity Group, Inc. pursuant to the Continuing Contract for Professional Engineering Services to perform, along with its subconsultant, engineering, bidding and construction administration services associated with repairs to the Lighthouse Drive bridge at a total cost of $25,190.00, with funds expended from Account No. I7321-66210 (Streets and Grounds — Construction and Major Renovation). The Village Council further authorizes the Village Manager to execute all documents necessary to effectuate these services. Page 1 of 2 Section 3. In order to fund this expenditure, the Village Council hereby approves a budget amendment for the transfer of fiends as indicated below: Budget Amendment: Account Description Use Source Infrastructure Surtax Fund: I7321-66210 Streets & Grounds — Construction & Major Renovation $25,190.00 I0200-00440 Local Gov't One Cent Sales Tax $25,190.00 Total Infrastructure Surtax Fund i 1$25,190.00 $25,190.00 Section 4. The Mayor and Village Clerk are hereby authorized and directed to execute the budget amendment for and on behalf of the Village of North Palm Beach. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 21sT DAY OF SEPTEMBER, 2017. (Village Seal) ATTEST: VILLAGE CLERK Page 2 of 2 L.,Q (f (1& MAYOR A Higher Slanclard of Excellence -�® pen lannagi group inc. E14GINEERS SURVEYORS GIS MAPPERS August 8, 2017 Mr. Steven Hallock, Public Works Director Village of North Palm Beach 645 Prosperity Farms Rd. North Palm Beach, FL 33408 (Sent Via E -Mail: shallock@village-npb.org) Re: Village of North Palm Beach Lighthouse Drive Bridge Engenuity Group, Inc. Project No. 03045.08.05 Dear Steve, C. ANDRE RAYMAN, P.S.M. KEITH B. JACKSON, P.E. LISA A. TROPEPE, P.E. ADAM SWANEY, P.E., LEED AP Pursuant to your request I offer the following Scope of Work related to repairs to the referenced bridges. 1. Coordinate structural engineering services with Alan Gerwig & Associates, Inc. (sub -contractor). See attached exhibit for structural Scope of Work. 2. Review current (2015, 2016 and 2017) Florida Department of Transportation ("FDOT") bridge inspection reports. Lighthouse Drive, Bridge No. 936550, dated 5/7/15, 5/4/16 and 5/20/17. 3. Prepare bid manual including technical and non-technical specifications, front-end documents per Village Standards, bid form and FDOT inspection reports describing deficiencies. Manual to be produced in both hard copy and digital format. 4. Bid manual to outline only repairs suggested in the FDOT reports. No further investigations, surveys, testing (destructive or non-destructive) or recommendations will be conducted or included as part of this proposal. Construction plans are not part of this proposal. 2017 08-08 Proposal Project No. 03045.08.05 Page 1 of 4 1280 NORTH CONGRESS AVENUE, SUITE 101 WEST PALM BEACH, FL 33409 T 561.655.1151 F 561.832.9390 WWW.ENGEN UITYGROUP,COM 5. Assist Village as required in seeking and review of bids from qualified contractors and make recommendation for award of a contract. 6. Perform observations during construction as needed, answer RFI's from contractor, Review shop drawings & material specification submittals. We propose to provide these services on a lump sum basis as follows: Structural Design and Construction Administration Services (Provided by Alan Gerwig & Associates, Inc. See Exhibit "A") Subtotal: $18,440.00 . Project Coordination, Project Manual Preparation, Bidding Assistance and Construction Administration Services (Provided by Engenuity Group) . Reimbursable (Plotting, Printing, etc.) Subtotal: $6,500.00 Subtotal: $250.00 Grand Total: $25,190.00 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 lump sum fees. Our services will be invoiced on a monthly basis for work completed to date. Invoices shall be paid in full by the OWNER within thirty (30) days of the invoice date, unless within such thirty (30) day period, OWNER notifies Engenuity Group, Inc. in writing of its objection to the amount of said invoice. Such notice shall be accompanied by payment of any undisputed portion of said invoice. If written objection is not received within thirty (30) days it shall constitute approval of invoice by OWNER. If payment is not received within thirty (30) days of the invoice date, a late charge will be added to the invoice in the amount of 1'/2 percent per month on the outstanding balance. If payment is not received within sixty (60) days of the invoice date, work may be suspended on the project until the outstanding invoice(s) are paid in full. This proposal, Exhibit "A", and the terms and conditions of our current continuing services agreement represent the entire understanding between you and us with respect to the Project. 2017 08-08 Proposal Project No. 03045.08.05 Page 2 of 4 If this satisfactorily sets forth your understanding of our agreement, we would appreciate you signing the Authorization of this proposal where provided and returning one copy to us. This proposal will be open for acceptance until September 28, 2017. T TO FLORIDA STATUTES INDIVIDUAL IABLE FOR Enclosure Y NOT BE HELD Very truly y9urs, Keith B. Jackson, P.E. Vice President 2017 08-08 Proposal Project No. 03045.08.05 Page 3 of 4 Authorization: Village of North Palm Beach Lighthouse Drive Bridge Engenuity Group, Inc. Project No. 03045.08.05 Proposal Date: August 8, 2017 By. Andrew D. Lukasik, Village Manager Date: (Name & Title) For: Village of North Palm Beach I am ❑ 1 am not 7 The Owner of the Property The Property Owner Is: Village of North Palm Beach Address: 501 U.S. Highway One North Palm Beach FL 33408 Telephone: 561-904-2122 Fax: 561-848-3344 2017 08-08 Proposal Project No. 03045.08.05 Page 4 of 4 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 Alan Gawig&Associatcs Inc,0111'.JI Consulting Engineers I- RE: RE: Structural Engineering Design Services — Light House Dr. Bridge Repair Specification 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. Scope of Professional Service: 1. Structural Design Service $11,640.00 Professional engineering design services required to prepare guide specifications and detail sketches necessary to repair Lighthouse Drive in accordance with the current FDOT bridge inspection report recommendations. Provide bidding assistance that includes attending pre-bid meeting and responding to contractor's request for information. 2. Construction Observations $6,800.00 Perform observations during construction of repair processes, answer BFI's from the Contactor, review shop drawings and material specification submittals. Additional Services: Any professional services required by the Client not specifically included above will be deemed Additional Services. An Amendment can be made to this Agreement for a lump sum amount or the services will be performed at an hourly rate as indicated below: Principal/Structural Engineer $160.00 Special Inspector $160.00 Project Engineer $120.00 Designer/CADD Tech $85.00 Clerical $60.00 These fees are subject to change on an annual basis. The Client will be informed of any changes prior to work being performed by the Consultant at the new rates. Any expenses incurred by the Consultant directly related to this project will be bill to the Client at a 15% markup. These expenses include printing and reprographics, postage and courier fees and long distance telephone calls. Not Included in this Agreement: The following services are not included in this: • Land Surveying Services. • Construction observations or Contract Administration • "As Built" Survey or Record Drawings • Presentations to public boards or public hearings. • Estimates of construction quantities. 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 Alan Gerwig, P.E., LEED A.P. Principal Agreed to this _ day of , 2017 Agreed to this day of , 2017 Alan L. Gerwig, P.E., President Alan Gerwig & Associates, Inc. Keith Jackson, P.E. Enginuity Group ALAN GERWIG & ASSOCIATES, INC. STANDARD GENERAL CONDITIONS 1. 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 Proj ect. 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. 2. 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 phis 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. 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. 5. 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. 8. 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. 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