R2022-33 Engineering Services Contract for Conceptual Designs for reconstruction of the Lighthouse Drive BridgeRESOLUTION 2022-33
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A PROPOSAL FROM
ENGENUITY GROUP, INC. FOR PROFESSIONAL ENGINEERING
SERVICES FOR THE DEVELOPMENT OF TWO CONCEPTUAL DESIGNS
FOR THE RECONSTRUCTION OF THE LIGHTHOUSE DRIVE BRIDGE AND
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ALL REQUIRED
DOCUMENTS; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
TRANSFER $91,288.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE
STREETS — CONSTRUCTION AND MAJOR RENOVATION CAPITAL
ACCOUNT TO FUND THE EXPENDITURE; PROVIDING FOR CONFLICTS;
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 two of its subconsultants, Terracon Consultants, Inc. and Alan Gerwig &
Associates, Inc. for professional engineering services to develop two conceptual designs for the
reconstruction of the Lighthouse Drive Bridge; and
WHEREAS, the Village Council seeks to amend the current Capital Projects Fund Budget to
transfer $91,288.00 from the Capital Reserve Account to the Streets — Construction and Major
Renovation Capital Account to fund the expenditure; and
WHEREAS, the Village Council determines that adoption of this Resolution is in the best interests
of the residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL 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 for the
development of two conceptual designs for the reconstruction of the Lighthouse Drive Bridge at a
total cost of $91,288.00, with funds expended from Account No. K7321-66210 (Streets —
Construction and Major Renovation). The services shall be performed in accordance with all terms
and conditions of the Continuing Contract. The Village Council further authorizes the Village
Manager to execute all documents necessary to effectuate these services.
Section 3. In order to fund this expenditure, the Village Council hereby approves a budget
amendment for the transfer of funds as indicated below and authorizes and directs the Mayor and
Village Clerk to execute the budget amendment for and on behalf of the Village of North Palm
Beach:
Page 1 of 2
Budget Amendment:
Account Description Use Source
Capital Projects Fund:
K7321-66210 Construction & Major Renovation $91,288
K5541-66000 Reserve Expenses - Capital $91,288
Total Capital Projects Fund $91,288 $91,288
Section 4. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to extent of such conflict.
Section 5. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 28TH DAY OF APRIL, 2022.
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VILLAGE CLERK
Page 2 of 2
2022 04-08 Proposal
Project No. 03045.08.06
Page 1 of 6
April 8, 2022
Chad Girard, P.E
Assistant Director of Public Works
Village of North Palm Beach
645 Prosperity Farms Rd
North Palm Beach, FL 33408
Via email: cgirard@village-npb.org)
Re: Professional Civil Engineering & Surveying Services
Lighthouse Drive Bridge- Conceptual Design
North Palm Beach, Florida
Engenuity Group Project No. 03045.08.06
Dear Mr. Girard:
We are pleased to offer this proposal to render Professional Engineering and Surveying
services in connection with a conceptual bridge design located along Lighthouse Drive,
North Palm Beach, FL (hereinafter called the ‘Project’).
Surveying Services
Engenuity Group, Inc. will prepare a Topographic Survey pursuant to Chapter 5J-17.050,
Florida Administrative Code, of the bridge located along Lighthouse Drive between
Prosperity Farms Road and Anchorage Drive, and as further outlined in red on the
attached graphic.
The topographic data to be gathered will include the abutment wing walls, bulkhead,
pilings embankments, sidewalks & bridge decking along with sufficient elevations along
the roadway surface. Additionally, Engenuity Group, Inc will obtain five (5) cross
sections on the canal. One (1) under the bridge and two (2) on either side of the bridge
at fifty (50) foot intervals.
See the attached Designated Scope of Services for a list of additional items to be
included on the Survey.
Total Fee: $8,488.00
The final deliverable will be an electronically signed and sealed copy of the
Topographic Survey and the accompanying AutoCAD file which can be provided
within thirty (30) business days of receiving authorization to proceed. In the event of rain
delaying our field work, the delivery time will be pushed back the same number of days.
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2022 04-08 Proposal
Project No. 03045.08.06
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Engineering Services
Engenuity Group, Inc. will provide Conceptual Engineering Services for two (2)
bridge/roadway alternates. We will utilitze two subconsultants; Structural Engineering
with Alan Gerwig & Associates, Inc. and Geotechnical Engineering with Terracon Inc.
See attached exhibits A, B and C for a more detailed scope of work for these services.
A. Conceptual Engineering (Engenuity) $18,500.00
B. Structural Engineering (Gerwig) $38,800.00
C. Geotechnical (Terracon) $25,500.00
Total Engineering/Geotech Fee $82,800.00
Total Surveying and Engineering/Geotech Fee $91,288.00
Permit Fees, Reproduction Charges and Reimbursable Expenses
The Total Contract Price does not include the payment of any governmental agency
submittal or processing fees. The cost of these fees and any costs incurred by the office
for printing, reproduction and other reimbursable expenses such as postage, travel, and
document copy charges will be billed to the client monthly.
Invoicing and Payment
Work will be invoiced on a monthly basis for work completed to date. Invoice shall be
paid in full by the Client within thirty (30) days of the invoice date, unless within such
thirty (30) day period, Client 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 Client. If the payment is not received
within fifteen (15) days of billing date, a late charge will be added to the invoice in the
amount of 1½ 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 represents the entire understanding between you and us with respect to
the Project. If this satisfactorily sets forth your understanding of our agreement, please
execute the attached Authorization and return it to us. If you have any questions,
please do not hesitate to contact us.
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2022 04-08 Proposal
Project No. 03045.08.06
Page 3 of 6
PURSUANT TO SECTION 558.0035 FLORIDA STATUTES, THE CONSULTANT
IS THE RESPONSIBLE PARTY FOR THE PROFESSIONAL SERVICES IT AGREES
TO PROVIDE UNDER THIS CONTRACT. NO INDIVIDUAL PROFESSIONAL
EMPLOYEE, AGENT, DIRECTOR, OFFICER OR PRINCIPAL MAY BE
INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF THIS
CONTRACT, AS LONG AS THE CONSULTANT MAINTAINS THE
PROFESSIONAL LIABILITY INSURANCE REQUIRED UNDER THIS
CONTRACT AND AS LONG AS ANY DAMAGES ARE SOLELY ECONOMIC
IN NATURE AND THE DAMAGES DO NOT EXTEND TO PERSONAL INJURIES
OR PROPERTY NOT SUBJECT TO THIS CONTRACT.
Sincerely, Approved by,
Jennifer Malin, P.S.M Keith B. Jackson, P.E.
Director of Surveying Vice President
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2022 04-08 Proposal
Project No. 03045.08.06
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Authorization: Professional Civil Engineering & Surveying Services
Lighthouse Drive Bridge- Conceptual Design
North Palm Beach, Florida
Engenuity Group Project No. 03045.08.06
By: Date:
Name & Title)
For:
Name of Company)
Contract Amount: $91,288.00
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Village Manager 5/3/2022
Village of North Palm Beach
2022 04-08 Proposal
Project No. 03045.08.06
Page 5 of 6
DESIGNATED SCOPE OF SERVICES: TOPOGRAPHIC/TREE SURVEY
NAME: LIGHTHOUSE DRIVE BRIDGE
ENGENUITY PROJECT NO. 03045.08.06 DATE: 4/8/2022
TASK:
Topographical Survey
Included in
Contract
Yes/No)
Minimum of two permanent benchmarks per every 500’ on site;
description and elevation to nearest .01’.
Yes
Contours at 1-foot intervals; error shall not exceed one half contour
interval.
No
Spot elevation at each intersection of a 50-foot square grid covering
the property.
Yes
Spot elevations at street intersection and at 100 feet on center curb,
sidewalk and edge of paving including far side of paving.
Yes
Plotted location of structures, man-made (e.g., paved areas) and
natural features.
Yes
Location, size, depth of water mains, and other utilities including, but
not limited to, buried tanks and septic fields serving, or on, the
property based on as-built information supplied by utility companies.
No
Location of fire hydrants available to the property. Yes
Location and characteristics of power and communications systems
above grade.
Yes
Location, size, depth and direction of flow of sanitary sewers, storm
drains and culverts serving, or on, the property; location of catch
basins and manholes, and inverts of pipe at each.
Yes
Name of the operating authority of each utility. No
Elevation of water in any excavation, well or nearby body of water. Yes
Extent of watershed onto the property. No
Trees of 6” and over (caliper 3’ above ground); locate within 1’
tolerance and give species in English or botanical terms.
Yes
Specimen trees flagged by the Owner or the Architect (___ in
number); locate to the center within 1’ tolerance; give species in
English or botanical terms, give caliper and ground elevation on
upper slope side.
No
Perimeter outline only of thickly wooded areas unless otherwise
directed.
Yes
Confirm soil boring location(s). No
Other (specify):
1. Datum will be National American Vertical Datum 1988 (NAVD 88)
2. No S.U.E work to be performed within this proposal
3. Any utilities attached to the bridge will be located
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2022 04-08 Proposal
Project No. 03045.08.06
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Graphic
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EXHIBIT “A” – ENGINEER’S SERVICES PAGE 1 OF 1
2022 04-08
Project No. 03045.08.06
EXHIBIT “A”
VILLAGE OF NORTH PALM BEACH
LIGHTHOUSE BRIDGE – CONCEPTUAL BRIDGE DESIGN
Engenuity Group Project No. 03045.08.06
ENGINEER’S SERVICES:
A1.01 Conceptual Design
A. Engenuity Group will provide a topographic and hydrographic survey as
outlined in the surveying services section of the proposal.
B. Engenuity Group will coordinate with Terracon for the required
geotechnical services for structural engineering design, as outlined in their
proposal, attached.
C. Engenuity Group will coordinate with Alan Gerwig and Assoc for the
conceptual bridge design concepts, as outlined in their proposal,
attached.
D. Meet with OWNER to define and clarify OWNER’S requirements for the
Project and available data. Attend up to 3 meetings overall.
E. Prepare two (2) bridge/roadway approach alternative concepts for
discussion and presentation to the Village. Concepts shall include
presentation graphics with typical roadway sections, roadway profile
grade line, and bridge/piling/bulkhead/retaining wall arrangement with
low member elevation approximation. Roadway profile shall comply with
local, low speed design standards to minimize longer approaches that will
adversely affect private property access on all quadrants. Low member
elevation shall also be maximized and will be equal or higher in elevation
to the current bridge waterway clearance.
F. Prepare Engineer’s Opinion of Cost for each alternative.
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April 4, 2022
Keith Jackson, P.E.
Enginuity Group
1280 North Congress Avenue, Suite 101
West Palm Beach, FL 33409
Re: Lighthouse Drive Bridge over Intracoastal
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:
Prepare two bridge arrangement alternative concepts for replacement of existing bridge and
probable construction cost for each. AGA will provide estimated foundation loads to the
geotechnical engineer for use in determining the depth and location of standard penetration
test borings. Geotechnical engineer will provide foundation recommendations and bearing
capacity curves for the pile supported bridge foundations for various pile sizes.
Prepare preliminary plan and elevation and a typical section of each concept.
Attend up to 3 team meetings.
Fees:
AGA will provide the above services for the following lump sum fees of $38,800.00.
Additional Services: Professional services required by the Client not specifically included above will be
deemed Additional Services. An Amendment can be made to this Agreement to increase the not to exceed
amount or the services will be performed at an hourly rate as indicated below:
Principal $265.00
Senior Project Manager $225.00
Senior Project Engineer $180.00
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Project Engineer $160.00
Engineer $135.00
Designer $110.00
Clerical $75.00
Reimbursable Expenses:
Reimbursable expenses for mileage and will be billed at the Federally approved rates.
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 Engenuity Group, Inc. If you agree
and wish to direct us to precede with the services, please sign and return a scanned copy.
We appreciate the opportunity to provide these services to you. Please contact me if you have any questions.
Sincerely,
Alan L. Gerwig, P.E., LEED A.P., President
Alan Gerwig & Associates, Inc.
Agreed to this ___ day of __________, 2022
Keith Jackson, P.E.
Enginuity Group
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4/26/2022
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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
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.
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.
3. Compensation for Services.
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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.
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
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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.
7. 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.
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
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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.
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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
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Terracon Consultants, Inc. 1225 Omar Road West Palm Beach, FL 33405
P [561] 689-4299 F [561] 689-5955 terracon.com
PROPOSAL COVER PAGE
April 7, 2022
Engenuity Group, Inc.
1280 North Congress Avenue, Suite 101
West Palm Beach, FL 33409
Attn: Mr. Keith B. Jackson, P.E.
P: (561) 655-1151
E: kjackson@engenuitygroup.com
Re: Proposal for Geotechnical Engineering Services
Lighthouse Drive Bridge Replacement
between 640 and 700 Lighthouse Drive
Village of North Palm Beach, Florida
Terracon Proposal No. PHD225031
Dear Mr. Jackson:
We appreciate the opportunity to submit this proposal to Engenuity Group, Inc. to provide
Geotechnical Engineering services for the above referenced project. The following are exhibits
to the attached Agreement for Services.
Exhibit A Project Understanding
Exhibit B Scope of Services
Exhibit C Compensation and Project Schedule
Exhibit D Site Location and Nearby Geotechnical Data
Exhibit E Anticipated Exploration Plan
Our base fee to perform the Scope of Services described in this proposal is $25,500. See Exhibit
C for more details of our fees and consideration of additional services.
Your authorization for Terracon to proceed in accordance with this proposal can be issued by
signing and returning a copy of the attached Agreement for Services to our office.
Sincerely,
Terracon Consultants, Inc.
Jaime Velez, P.E. Douglas S. Dunkelberger, P.E.
SeniorGeotechnicalEngineer Principal
Exhibit C
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Proposal for Geotechnical Engineering Services
Lighthouse Drive Bridge Replacement Village of North Palm Beach, Florida
April 7, 2022 Terracon Proposal No. PHD225031
Responsive Resourceful Reliable EXHIBIT A –PROJECT UNDERSTANDING 1 of 2
EXHIBIT A - PROJECT UNDERSTANDING
Our Scope of Services is based on our understanding of the project and a site visit.
Site Location and Anticipated Conditions
Item Description
Parcel Information
The project is the bridge located between 640 and 700 Lighthouse Drive in
the Village of North Palm Beach, Florida.
The bridge location is:
Latitude: 26° 49' 2.9" N Longitude: 80° 4' 6.1" W (See Exhibit D).
Existing
Improvements
The site is an existing bridge over a channel. Beneath each end bent of the
bridge exists seawalls consisting of king pile and panel walls.
Current Ground Cover Asphalt pavement.
Existing Topography
From review of Google Earth Pro the typical ground surface elevation east
and west of the bridge is about +7 feet (datum not known). Based on visual
observation during a site visit, we estimate the top of pavement at the center
of the bridge to be about 7 ft higher than this (i.e. about elevation +14 ft).
Expected Subsurface
Conditions
Our experience in the project vicinity indicates that the subsurface conditions
at the site (at about normal ground surface elevation east or west of the bridge)
will consist of mostly loose to medium dense, relatively clean sands to about
37 to 47 feet below ground surface followed by medium dense to very dense
shelly sands with cemented sand fragments to about 50 feet deep.
Planned Construction
Item Description
Information Provided The following information was provided to us by Alan Gerwig, P.E.
Project Description
The current plan is to build a new replacement bridge. The existing bridge is
a two lane bridge and about 100 ft in length. The new bridge will be supported
on 18 or 24 inch square concrete driven piles with an anticipated maximum
nominal bearing resistance load of up to about 200 tons per pile. We
understand that there is interest in making the new bridge shorter than the
existing bridge by building new end bent walls (may consist of Mechanically
Stabilized Earth Walls) that are located closer to the middle of the channel
than are the existing end bents. The new end bent walls would extend above
the approximate location of the existing seawalls beneath the bridge (see
following photograph).
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Proposal for Geotechnical Engineering Services
Lighthouse Drive Bridge Replacement Village of North Palm Beach, Florida
April 7, 2022 Terracon Proposal No. PHD225031
Responsive Resourceful Reliable EXHIBIT A –PROJECT UNDERSTANDING 2 of 2
Seawalls beneath the bridge (view is to the east)
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Proposal for Geotechnical Engineering Services
Lighthouse Drive Bridge Replacement Village of North Palm Beach, Florida
April 7, 2022 Terracon Proposal No. PHD225031
Responsive Resourceful Reliable EXHIBIT B –SCOPE OF SERVICES 1 of 4
EXHIBIT B - SCOPE OF SERVICES
Our proposed Scope of Services consists of field exploration, laboratory testing, and
engineering/project delivery. These services are described in the following sections.
Field Exploration
The field exploration program consists of the following:
Number of Borings Planned Boring Depth (feet) 1 Planned Location
2 100
One on west side of bride and one on
the east side (see Exhibit E)
4
5
unless refusal to advancement is met
at shallower depth)
Behind existing seawalls beneath the
bridge (see Exhibit E)
1. Below ground surface.
Boring Layout and Elevations: We will use handheld GPS equipment to locate the borings with
an estimated horizontal accuracy of ±10 feet. Field measurements from existing site features
may be utilized.
Maintenance of Traffic: Prior to drilling, a permit will be obtained from the Village of North Palm
Beach for drilling the Standard Penetration Test borings within the northern (i.e. west bound) lane.
Maintenance of Traffic will include temporary closure of the northern lane as well as signage and
flagmen.
Subsurface Exploration Procedures: We will advance the soil borings with a truck mounted
drilling rig using mud rotary drilling. Five samples will be obtained in the upper 10 feet of each
boring and at vertical intervals of 5 feet thereafter. Soil sampling is performed using split-barrel
sampling procedures. The split-barrel samplers are driven in accordance with the standard
penetration test (SPT). The samples will be placed in appropriate containers, taken to our soil
laboratory for testing, and visually classified by a Geotechnical Engineer. In addition, we will
observe and record groundwater levels during drilling and sampling.
Our exploration team will prepare field boring logs as part of standard drilling operations including
sampling depths, penetration resistances, and other relevant sampling information. Field logs
include visual classifications of materials encountered during drilling, and our interpretation of
subsurface conditions between samples. Final boring logs, prepared from field logs, represent
the Geotechnical Engineer's interpretation, and include modifications based on observations and
laboratory tests.
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Proposal for Geotechnical Engineering Services
Lighthouse Drive Bridge Replacement Village of North Palm Beach, Florida
April 7, 2022 Terracon Proposal No. PHD225031
Responsive Resourceful Reliable EXHIBIT B –SCOPE OF SERVICES 2 of 4
Our boreholes will be backfilled with grout upon completion.
Property Disturbance: Our services do not include repair of the site beyond backfilling our
boreholes. Excess cuttings and drill fluids will be dispersed in the general vicinity of the borehole.
Safety
Terracon is not aware of environmental concerns at this project site that would create health or
safety hazards associated with our exploration program; thus, our Scope considers standard
OSHA Level D Personal Protection Equipment (PPE) appropriate. Our Scope of Services does
not include environmental site assessment services, but identification of unusual or unnatural
materials found while drilling will be noted on our logs and discussed in our report.
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 third
parties, including Client’s contractors, subcontractors, or other parties present at the site. In
addition, Consultant retains the right to stop work without penalty at any time if the Consultant
believes it is in the best interests of Consultant’s employees or subcontractors to do so in order
to reduce the risk of exposure to the coronavirus. Client agrees it will respond quickly to all
requests for information made by Consultant related to Consultant’s pre -task planning and risk
assessment processes. Client acknowledges its responsibility for notifying Consultant of any
circumstances that present a risk of exposure to the coronavirus or individuals who have tested
positive for COVID-19 or are self-quarantining due to exhibiting symptoms associated with the
coronavirus.
Exploration efforts require borings (and possibly excavations) into the subsurface, therefore
Terracon will comply with local regulations to request a utility location service through SSOCOF.
Once the SSOCOF has completed public utility clearance, Terracon will subcontract a company
to perform a private utility locate using Ground Penetrating Radar (GPR) around each boring
location to reduce the risk of impacting those utilities. The detection of underground utilities is
dependent upon the composition and construction of the utility line; some utilities are comprised
of non-electrically conductive materials and may not be readily detected.
Site Access: Terracon must be granted access to the site by the property owner. By acceptance
of this proposal, without information to the contrary, we consider this as authorization to access
the property for conducting field exploration in accordance with the Scope of Services.
Laboratory Testing
The recovered soils and materials will be classified in the laboratory in accordance with the Unified
Soil Classification System (ASTM D 2487) and appropriate geological terminology. Selected
samples may be tested for moisture content, organic content and fines content to aid in the
classification process and our analysis.
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Proposal for Geotechnical Engineering Services
Lighthouse Drive Bridge Replacement Village of North Palm Beach, Florida
April 7, 2022 Terracon Proposal No. PHD225031
Responsive Resourceful Reliable EXHIBIT B –SCOPE OF SERVICES 3 of 4
Engineering and Project Delivery
Results of our field and laboratory programs will be evaluated by a professional engineer. The
engineer will develop a geotechnical site characterization, perform engineering calculations, and
develop geotechnical recommendations for the project.
Your project will be delivered using our GeoReport® system. Upon initiation, we provide you and
your design team the necessary link and password to access the website (if not previously
registered). Each project includes a calendar to track the schedule, an interactive site map, a
listing of team members, access to the project documents as they are uploaded to the site, and a
collaboration portal. The typical delivery process includes the following:
Project Planning – Proposal information, schedule and anticipated exploration plan will
be posted for review and verification
Site Characterization – Findings of the site exploration
Geotechnical Engineering – Recommendations and geotechnical engineering report
When utilized, our collaboration portal documents communication, eliminating the need for long
email threads. This collaborative effort allows prompt evaluation and discussion of options related
to the design and associated benefits and risks of each option. With the ability to inform all parties
as the work progresses, decisions and consensus can be reached faster. In some cases, only
minimal uploads and collaboration will be required, because options for design and construction
are limited or unnecessary. This is typically the case for uncomplicated projects with no anomalies
found at the site.
When services are complete, we upload a signed and sealed printable version of our completed
geotechnical engineering report, which documents our services. Previous submittals,
collaboration and the report are maintained in our system. This allows future reference and
integration into subsequent aspects of our services as the project goes through final design and
construction.
Subsurface exploration procedures
Site and Boring location plans
Soil boring logs with field and laboratory data, soil stratification based on visual soil
classification and laboratory test results
Groundwater levels observed during drilling
Description of subsurface conditions
Axial capacities for precast concrete piling for support of the bridge
Recommendations for installation of the piling.
Lateral earth pressure parameters for abutment wall design including MSE Walls:
x Moist and saturated unit weights
x Angle of internal friction
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Proposal for Geotechnical Engineering Services
Lighthouse Drive Bridge Replacement Village of North Palm Beach, Florida
April 7, 2022 Terracon Proposal No. PHD225031
Responsive Resourceful Reliable EXHIBIT B –SCOPE OF SERVICES 4 of 4
x Undrained shear strength (for clays, if present)
x Active and passive pressure coefficients
x Soil Modulus for p-y method of pile lateral load analysis
Global Stability Analysis of New End Bent Wall over existing seawall (we request that as-
built seawall information and channel topographic information be provided to us)
Additional Services
In addition to the services noted above, the following are often associated with geotechnical
engineering services. Fees for services noted above do not include the following:
Review of Plans and Specifications: Our geotechnical report and associated verbal and written
communications will be used by others in the design team to develop plans and specifications for
construction. Review of project plans and specifications is a vital part of our geotechnical
engineering services. This consists of review of project plans and specifications related to site
preparation and bridge foundation construction. Our review will include a written statement
conveying our opinions relating to the plans and specifications’ consistency with our geotechnical
engineering recommendations.
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Proposal for Geotechnical Engineering Services
Lighthouse Drive Bridge Replacement Village of North Palm Beach, Florida
April 7, 2022 Terracon Proposal No. PHD225031
Responsive Resourceful Reliable EXHIBIT C – COMPENSATION AND PROJECT SCHEDULE 1 of 1
EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE
Compensation
Based upon our understanding of the site, the project as summarized in Exhibit A, and our planned
Scope of Services outlined in Exhibit B, our base fee is shown in the following table:
Task Lump Sum Fee
Subsurface Exploration, Laboratory Testing, Geotechnical Consulting & Reporting $25,500
TOTAL $25,500
Additional services not part of the base fee include the following:
Additional Services (see Exhibit B) Lump Sum Fee
Initial for
Authorization
Plans and Specifications Review $500
Unless instructed otherwise, we will submit our invoice(s) to the address shown at the beginning
of this proposal. If conditions are encountered that require Scope of Services revisions and/or
result in higher fees, we will contact you for approval, prior to initiating services. A supplemental
proposal stating the modified Scope of Services as well as its effect on our fee will be prepared.
We will not proceed without your authorization.
Project Schedule
We developed a schedule to complete the Scope of Services based upon our existing availability
and understanding of your project schedule. However, this does not account for delays in field
exploration beyond our control, such as weather conditions, permit delays, or lack of permission
to access the boring locations. In the event the schedule provided is inconsistent with your needs,
please contact us so we may consider alternatives.
GeoReport® Delivery Posting Date from Receipt of Signed Agreement
1, 2
Project Planning 1 week
Site Characterization 6 weeks
Geotechnical Engineering 8 weeks
1. Upon receipt of your notice to proceed we will activate the schedule component of our GeoReport® website
with specific, anticipated calendar days for the three delivery points noted above as well as other pertinent
events such as field exploration crews on-site, etc.
2. We will maintain a current calendar of activities within our GeoReport® website. In the event of a need to
modify the schedule, the schedule will be updated to maintain a current awareness of our plans for delivery.
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EXHIBIT D – SITE LOCATION AND NEARBY HISTORICAL DATA
Lighthouse Drive Bridge Replacement Village of North Palm Beach, Florida
April 7, 2022 Terracon Proposal No. PHD225031
Note to Preparer: This is a large table with outside borders. Just click inside the table
above this text box, then paste your GIS Toolbox image.
When paragraph markers are turned on you may notice a line of hidden text above and
outside the table – please leave that alone. Limit editing to inside the table.
The line at the bottom about the general location is a separate table line. You can edit
it as desired, but try to keep to a single line of text to avoid reformatting the page.
EXHIBIT DPORTRAIT
DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS
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EXHIBIT E – ANTICIPATED EXPLORATION PLAN
Lighthouse Drive Bridge Replacement Village of North Palm Beach, Florida
April 7, 2022 Terracon Proposal No. PHD225031
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above this text box, then paste your GIS Toolbox image.
When paragraph markers are turned on you may notice a line of hidden text above and
outside the table – please leave that alone. Limit editing to inside the table.
The line at the bottom about the general location is a separate table line. You can edit
it as desired, but try to keep to a single line of text to avoid reformatting the page.
EXHIBIT EPORTRAIT
DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS
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Reference Number: PHD225031
Page 1 of 2 Rev. 3-20
Reference Number: PHD2250
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 Lighthouse Drive Bridge Replacement project (“Project”), as described in Consultant’s Proposal dated 04/07/2022 (“Proposal”), including but
not limited to the Project Information section, 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 Proposal, including but not limited to the Scope of Services section
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 fo r 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 reque sts,
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 proced ures, 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 Proposal, including
but not limited to the Compensation section, 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 schedu le. 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 AS SUMED, 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 in surance in accordance with the laws of
the states having jurisdiction over Consultant’s employees who are engaged in the Services, and employer’s liability insuranc e ($1,000,000); (ii)
commercial general liability insurance ($2,000,000 occ / $4,000,000 agg); (iii) automobile liability insurance ($2,000,000 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.
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Reference Number: PHD225031
Page 2 of 2 Rev. 3-20
Reference Number: PHD2250
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 suffici ent 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 adheren ce 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. Unless otherwise stated in the Proposal, 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 correct ly 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 partie s, including Client, Client’s
contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time
Consultant believes it is in the best interests of Consultant’s employees or subcontractors to do so in order to reduce the risk of exposure to the
coronavirus. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant’s pre-task planning and risk
assessment processes. Client acknowledges its responsibility for notifying Consultant of any circumstances that present a risk of exposure to the
coronavirus or individuals who have tested positive for COVID-19 or are self-quarantining due to exhibiting symptoms associated with the coronavirus.
PURSUANT TO SECTION 558.0035 OF FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE
OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE.
Consultant: Terracon Consultants, Inc. Client: Engenuity Group, Inc.
By: Date: 4/7/2022 By: Date:
Name/Title: Douglas S. Dunkelberger, P.E. / Principal Name/Title: Keith Jackson, P.E. /
Address: 1225 Omar Rd Address: 1280 N Congress Ave Ste 101
West Palm Beach, FL 33405-1046 West Palm Beach, FL 33409-6377
Phone: (561) 689-4299 Fax: Phone: (561) 655-1151 Fax: (561) 832-9390
Email: Doug.Dunkelberger@terracon.com Email: kjackson@engenuitygroup.com
DocuSign Envelope ID: 4C122C39-DFDD-4BCD-96F9-F1C4C23F9CBF
4/26/2022
DocuSign Envelope ID: 41A6BE93-65F1-4CB6-9447-46DAA2603C6E