2001-068 Engineering Service Agreement - DredgingL_J
RESOLUTION 68-2001
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO
A PROFESSIONAL SERVICES AGREEMENT WITH EAST BAY GROUP, LLC ATTACHED
AS EXHIBIT "A", WHICH AGREEMENT IS FOR THE PURPOSE OF SECURING
I?NGINfiERING SERVICES FOR THE PLANNING, PERMITTING AND DESIGN OF TfjE
VII,I,ACiE'S PHASE II CANAL DREDGING PROJECT; AND, PROVIDING FOR AN
I;FFIsCTIVE DATE.
Bls IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. 7'he Village Council of the Village of North Palm Beach, Florida, does hereby approve
the agreement with East Bay Group, LLC attached as Exhibit "A" which agreement is for the
purpose of securing engineering services for the planning, permitting and design of the Village's
Phase 11 Canal Dredging Project.
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
Professional Services Agreement with East Bay Group, LLC set forth in Exhibit "A" for anon behalf
of the Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
}'ASSED AND ADOPTED THIS 23rd DAY OF
(Village Seal)
• ATTEST: - Gr
VILLAGE CLERK
East Bay Group, LLC
m
August 24, 2001
Mr. Tom Hogarth, PE, Village Engineer
Village of North Palm Beach
Engineering and Public Works Complex
645 Prosperity Farms Road
Village of North Palm Beach, FL 33408
Re: Professional Services -Final Version
Planning, Permitting and Design
Village Canal Maintenance Dredging
Deaz Mr. Hogazth,
Please fmd enclosed three fmal copies of the Professional Services Agreement. All
requested revisions have been made.
We look forwazd to working with you, The Village of North Palm Beach and its staff.
Thank you for allowing us the opportunity to be of service.
Sincerely,
David J. Decker
DJD/ljs
enclosures
•
• PROFESSIONAL SERVICES AGREEMENT
This Agreement, by and between the VILLAGE OF NORTH PALM BEACH (hereinafter called
"OWNER"), and EAST BAY GROUP, LLC (hereinafter called "EBG"), is effective as of
August 23, 2001
Since OWNER needs consulting services, and;
EBG represents that it possesses the knowledge, ability, professional skills, and qualifications to perform
this work in an expeditious and economical manner consistent with OWNER's interest, and;
EBG recognizes the trust and confidence placed in it and covenants with OWNER to famish its skills and
judgment and to cooperate with OWNER in forwarding OWNER's interest;
Therefore, OWNER and EBG agree as follows:
ARTICLE I--TERM OF AGREEMENT
The term of this Agreement shall be from the date first written above through completion of the tasks
outlined in the attached Scope of consultant Engineering Services (Attachment "A").
ARTICLE II--SCOPE OF WORK
EBG shall perform professional services associated with planning, permitting, design of maintenance
dredging work in several navigable canals required by the OWNER and as defined in Attachment"A"
entitled "Proposal for Engineering Services". Any services requested by OWNER outside of the proposed
scope shall be considered Additional Services.
ARTICLE II[ - - fNDEPENDENT CONTRACTOR
EBG is an independent contractor, and shall perform all the duties in the Contract in such capacity, not as
an employee of The Village of North Palm Beach.
ARTICLE IV--COMPENSATION
I) Professional fees for the Work as outlined in the Scope of Services are estimated to be
562,000.00. Fees cover professional time only. An estimate for the breakdown of these fees
is outlined in the budget as shown in Attachment "A" and labor billing rates are provided on
Attachment "B" entitled "Fee Schedule." Direct expenses shall mean toll telephone calls and
telegrams, reproduction of reports, expendable supplies directly used on the project and
computor charges shall be invoiced at cost. The total fee shall be understood to be an estimate
and shall not be exceeded without approval of the OWNER.
2) Any OWNER approved changes in Project Scope or Additional Services not contemplated by
the agreement shall be billed according to the fee schedule outlined in Attachment "B" and on
a Time and Reimbursable Expense basis.
2) This Agreement will be valid upon execution by both parties.
•
ARTICLE V--METHOD OF PAYMENT
• Monthly, EBG will invoice OWNER for all services rendered and direct expenses incurred under this
Agreement. OWNER shall make full payment to EBG within 30 calendar days after receipt of EBG's
monthly invoice. -
]f OWNER fails to make payment due EBG for services and expenses within thirty (30) days after receipt
of EBG's invoice, EBG may, after giving seven days' written notice to Owner, suspend services under this
Agreement without waiving any claim or right against the OWNER until EBG has been paid in full all
amounts due for services, expenses and charges. In the event of a disputed or contested billing, only that
portion so contested may be withheld from payment, and the undisputed portion will be paid.
EBG's invoice will provide the following information:
I. Total professional service fees for the period and a summary of tasks performed,
2. Total Other Direct Costs for the period,
3. Total Amount Due.
The invoice will also identify Additional Services and Charges occurred for the period (if any) as discussed
in Article lll, Paragraph 2.
ARTICLE VI--TERMINATION
OWNER reserves the right to terminate this Agreement at any time, with or without cause, upon 30 days
written notice to EBG. The obligation to provide further services under this Agreement may be terminated
by EBG upon thirty days' written notice in the event of substantial failure by the OWNER to perform in
accordance with the terms hereof through no fault of EBG. In the event OWNER shall fail to make timely
payment of any sum owing and due EBG, EBG shall have the right, notwithstanding any other provision of
this Agreement, to terminate this Agreement upon thirty days' written notice to OWNER.
In the event of termination, payment shall be made to EBG for those services performed by EBG up to the
date of receipt of termination. Direct labor billings under the rates established in Attachment "B" and
reimbursable expenses backup shall form the basis for work completed up to the date of termination by
either party.
ARTICLE VII--INSURANCE
EBG shall, at its sole cost and expense, at all times during this Agreement, maintain such insurance as will
protect it from claims under workman's compensation acts, disability benefit laws or other similar
employee benefit laws; from claims for damage because of bodily injury, occupational sickness or disease,
or death of its employees, and claims insured by usual personal liability coverage; from claims for damages
because of bodily injury, sickness or disease, or death or any person other than its employees including
claims insured by usual personal injury liability coverage; and from claims for injury to or destruction of
tangible property, including loss of use resulting therefrom--any or all of which may arise out of or result
from any action of EBG or its employees in its performance of this Agreement. EBG will maintain a
general liability insurance policy for the amount of SI,000,000 while providing services pursuant to this
agreement and workman's compensation shall be caried as provided by Florida Law.
ARTICLE VIII--INDEMNITY
To the fullest extent permitted by law, EBG shall indemnify and hold harmless OWNER, OWNER's
• officers, directors, partners, employees and agents from and against any and all claims, costs, losses and
damages (including but not limited to all fees and charges of engineers, architects, attorneys and other
2
professionals and all court or arbitration or other dispute resolution costs including but not limited to a
• reasonable attomey's fee, both at the trial and appellate level) caused by the negligent acts or omissions of
EBG or EBG's officers, directors, partners, employees, agents and EBG's consultants in the performance
and furnishing of EBG's services under this Agreement.
To the fullest extent permitted by law, OWNER shall indemnify and hold harmless EBG, EBG's officers,
directors, partners, employees, and agents and EBG's consultants from and against any and all claims,
costs, losses and damages (including but not limited to all fees and charges of engineers, architects,
attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by the
negligent acts or omissions of OWNER or OWNER's officers, directors, partners, employees, agents and
OWNER's consultants with respect to this Agreement or the Project.
East Bay Group and their sub-consultants shall have no responsibility for the discovery, presence,
handling, removal or disposal of or exposure of persons to hazardous materials in any form, under or from
the project site, including but not limited to asbestos, asbestos products, PCBs, petroleum, radioactive
material or other toxic substances.
In any litigation between the parties in regards to this agreement, the prevailing party in such litigation
shall be entitled to recover from the non-prevailing party a reasonable attorney's fees and all costs of
litigation both at the trial and appellate level.
ARTICLE IX•-NONDISCRIMINATION
EBG will not discriminate against any employee or applicant for employment because of
race, creed, color, sex, or national origin.
2. EBG agrees to comply with all local, state, and federal laws and ordinances regarding
discrimination in employment against any individual on the basis of race, color, religion, sex,
national origin, physical, or mental impairment, or age. In particular, EBG agrees to comply
with the provisions of Title 7 of the Civil Rights Act of 1964, as amended, and applicable
Executive Orders, including but not limited to Executive Order No. 11246.
ARTICLE X--CONTINGENCY FEES
EBG warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for EBG to solicit or secure this Agreement, and that it has not paid or agreed to
pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely
for EBG for any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting
from the award or making of the Agreement.
ARTICLE XI--WARRANTY AND LIABILITY
1. The standard of care for professional consulting and related services performed or furnished
by EBG under these Standard Terms and Conditions will be the care and skill ordinarily used
by members of EBG's profession practicing under similar conditions at the same time and in
the same locality. EBG makes no warranties, express or implied under these Standard Tenns
and Conditions or otherwise, in connection with EBG's services.
2. If any part of EBG's work is found to be defective for reasons attributable to EBG within a
period of 12 months after completion of the work, EBG's entire liability for such defective
• work shall be to re-perform at its own expense those aspects of the work found defective,
provided OWNER notifies EBG in writing as soon as the defect is discovered and within a 12
month period following defective work invoice receipt.
3. In the event EITHER PARTY makes a claim against the OTHER, at law or otherwise, in
regards to this agreement and the performance thereof, the prevailing party shall recover from
the losing party all costs and a reasonable attorney's fee, at both the trial and appellate level,
omission or other act arising out of the performances of EBG's professional services, and
OWNER fails to prove such claims, then OWNER shall pay all costs, including attorney's
fees, incurred by EBG in defending itself against the claims.
ARTICLE XII--APPLICABLE LAWS
Unless otherwise stated, this Agreement shall be governed by the laws of the State of Florida.
ARTICLE XIII--AUTHORIZATION
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on their behalf by
their respective representatives, each such representative having been first duly authorized so to act, as of
the date and year first herein above written.
THE VILLAS,E~Q'1: I~QI;~(~~LMBEACH
BY~ ~~~ ~~~ ~ Date: August 23, 2001
~-
(Sign Name) I t St:
David B. Norris, Mayor / a een Ce age rk
(Type Name and Title)
EAST BAY GR P, LLC /~
BY~ ~"' Date:
David J. Decker, Principal
C~
~~
4
ATTACHMENT "A"
Scope of Services
• Planning, Permitting and Design Services
Proposed Maintenance Dredging, Eastern Canals
Village of North Palm Beach
General
The project involves the planning, permitting, design and construction contract administration
for completion of needed navigation maintenance dredging in eleven (I l) of the Village of
North Palm Beach's canals. The location of the subject dredging is shown on the enclosed
sketches. The overall quantity of dredging has been estimated by LBFH, Inc, to be 40,000
cubic yards. It is assumed that the dredging can be accomplished using a clamshell or
hydraulic dredge although the availability and location of the required contractor staging area
and spoil disposal azea is apt to affect the feasibility of the possible excavation techniques.
Assumptions
Presented below are some assumptions that have been made when developing this scope of
services. Adjustments to the work tasks, and the associated level of effort to complete each
task, can be made as appropriate, considering the reasonableness of these assumptions. East
Bay Group will endeavor to minimize the costs associated with completing these tasks.
• It will be more efficient to modify the permits issued for the Phase I canal
maintenance dredging rather than prepare, submit and process new applications
exclusively for the Phase II canals.
• The work effort will utilize the surveys and project plan drawings prepared by
LBFH, Inc. with East Bay Group completing limited field verification of the water
soundings and canal features.
• The only sediment testing that is anticipated is a grain size analysis and standazd soils
chemistry analysis as is typically required by DEP. Five samples have been assumed.
It has been assumed that there will not be a need to perform additional bioassay or
toxicity tests. We assume that the testing completed for the Phase I canals will help
address any possible toxicity questions pertaining to the dredge spoil for the Phase II
canals.
• The Village and/or LBFH, Inc. have available base drawing files showing adequate
horizontal and vertical control points suitable for completing the project design. No
provisions have been made for performing any additional land surveys or base
drawing preparation for the project.
• The permitting of the project is not expected to be controversial. No provisions have
been made for protracted permit processing made necessary by third parties objecting
to the project or an administrative hearing petition being granted.
• It has been assumed that the neighboring property owners will be supportive of the
project and no unified group objecting to the project evolves.
\J
•
Page 2 of 5
Preliminary Scope of Services /Canal Maintenance
Scope of Services
The following tasks present the plan of work that is typically undertaken for the completion of
amaintenance-dredging project. Because of still undetermined physical dredging limits, and
the many uncertainties associated with environmental permitting there is apt to be some
adjustments to the presented tasks. East Bay Group proposes to accomplish the following:
1. Coordinate and attend a meeting with the Village engineer and LBFH, Inc. to
develop a good understanding of the work to be completed, work completed
in the past that will support the future efforts and to leazn of any possible
opportunities or constraints that may influence the completion of the project
plan, permitting, design or construction.
2. Field verify soundings taken in the recent past by LBFH, Inc. and identify the
general limits of dredging to be completed in conjunction with this project.
Also perform avisual /video survey of the condition of existing seawalls,
docks and other improvements near the proposed dredge area to document the
existing condition and assess the potential for disturbing the features as the
result of the proposed dredging.
Acquire (5) samples of the sediments to be dredged and have the samples
tested by a certified laboratory. The tests to be completed will include grain
size analyses and the typical soils chemistry testing required by DEP for
maintenance dredging projects. They include:
Soil/Groundwater Analysis
Soil/I'CLP 8 RCRA Metals
Copper
Nickel
EPA 8310
FL•PRO
4. Investigate possible spoil disposal sites considering neighboring land uses,
land ownership, possible environmental factors, construction access (landside
and waterside), level of existing site improvements, etc.
5. Perform a benthic resource survey of the proposed dredge areas to determine
if any unique or significant submerged environmental resources exist within
the construction zones. This task includes a seagrass survey.
6. Present the findings from the completion of tasks ]-5 to the Village in a
scheduled project progress meeting and make recommendations on how to
proceed with the project i:e. spoil site selection, dredging technique, limits of
• dredging, environmental test results, permitting considerations, etc.
Page 3 of 5
Preliminary Scope of Services /Canal Maintenance Dredging
• 7. After agreeing upon the various aspects of the project, dredging limits, spoil
site, etc. East Bay Group will proceed to develop the preliminary construction
plans (suitable for permitting) and the required permit application materials
for use in requesting the required State and Federal environmental approvals
for the proposed maintenance dredging. The permit application packages will
be prepared for submittal by the Village as the applicant. East Bay Group will
serve as the "applicant's agent" to process the submitted app]ications.
8. East Bay Group will coordinate and attend a site review meeting with
representatives from DEP, Corps and other possible commenting agencies
that express interest in the submitted applications. These may include the US
Fish and Wildlife Service, National Marine Fisheries Service, EPA, and the
SFWMD. The purpose of the meeting will be to 1.) ensure that there is a
clear understanding of the work being proposed; 2.) answer any questions that
the environmental representatives may have; and 3.) to learn if there aze any
concerns that the agencies may have that are apt to require changes to the
project plan, or cause them to oppose approval of the permit applications.
9. It is typical for the Corps and DEP to submit a request for additional
information to supplement the submitted permit applications. East Bay Group
will develop follow up submittals to both agencies responding to questions
raised by the reviewers. Additionally East Bay Group will attempt to answer
questions raised by the commenting agencies. It should be pointed out that no
provisions have been included for significant additional environmental
surveys, water or soils testing, etc. Because of the relatively routine nature of
most maintenance dredging applications, we do not anticipate that these
requests for additional information will be extended unreasonable.
10. Once it is apparent that the permits will be issued, East Bay Group will
complete the construction plans, technical and general specifications and
assemble the bid and contract documents for the project.
11. Upon issuance of the environmental permits, East Bay Group will assist the
Village with obtaining bids from qualified contractors, reviewing the bids
received and the various contractor's qualifications and experience and make
a recommendation on the selection of a contractor.
12. Following the award of the construction contract, East Bay Group will assist
the Village with periodic observation of the contractor's ongoing work
efforts. This task will involve a cooperative effort working with the Village
staff to monitor the contractors day to day operations for
u
Page 4 of 5
Preliminary Scope of Services /Canal Maintenance Dredging
• compliance with the terms and conditions of the permits and contract. East
Bay Group will complete post dredge surveys of areas deemed complete by
the contractor and made the subject of a submitted pay requests. Based on the
results of the surveys and periodic observations of the contractor's efforts,
East Bay Group will review and process submitted contractor pay requests
making recommendation to the Village for full or partial payment as
appropriate. East Bay Group will also support the Village by attending
substantial and final completion inspections that will be required for the
contractor to close out the construction project.
13. East Bay Group can provide the Village with supplemental services that have
been mutually agreed upon by both parties.
Project Schedule
Presented below is an estimated schedule to complete the above tasks. Because of the
uncertainties of the environmental permitting process, the schedule is approximate. No
provisions have been made for a controversial permitting process or other possible
complicating factors. If there is success in modifying the permits for the central canals, the
time to acquire the permits could be reduced to an estimated 60 days. If the lump sum
amounts set forth for tasks 1 through 6 inclusive ] 0, l land 12 have been paid; EBG agrees to
complete such tasks without additional compensation. Laboratory fees associated with tasks 1
through 6 inclusive, and ]0 through 12 inclusive, shall be included in the contract price.
Laboratory fees associated with tasks 7 through 9 inclusive shall be additional to the contract
price.
Tasks 1-6 Data gathering and project planning 45 days
Tasks 7-9 Project permitting 120 - 180 days
Task ] 0 Detailed design /plans and specs 30 days
Task 11 Project bidding /contract award 45 days
Task 12 Construction services 120 days
Project Budget
The costs to provide the above-presented services are presented below. The amounts
presented for all tasks with the exception of the permitting tasks are lump sum not to exceed
including labor and expenses. The presented permitting budget amount has been estimated
and labor and expenses associated with tasks 7,8 and 9 will be billed on an hourly basis using
the labor rates and expense billing procedures presented on "Attachment B"
Tasks 1-6 Data gathering and project planning 21,000
Tasks 7-9* Project permitting 25 000
Task 10 Detailed design /plans and specs 7,500
Task 11
Task 12 Project bidding /contract award
C
t
i 2 500
ons
ruct
on services 6,000
Page 5 of 5
Preliminary Scope of Services /Canal Maintenance Dredging
•
* Note: The costs for these tasks have been estimated based on recent East Bay
.permitting experience. Because of the numerous uncertainties associated with
environmental permitting Tasks 7,8 and 9 will be performed on an howly basis. The
estimated labor total of $25,000 for the permitting tasks will not be exceeded without
authorization from the Village.
L_J
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•
•
• Attachment "B"
FEE SCHEDULE
1. The fee shall be equal to the number of hours actually expended directly on the
project by individuals, multiplied by the hourly rate for the individual, plus
reimbursable expenses. The hourly rates in effect at East Bay Group, LLC (EBG) are
shown below:
Principal Engineer $125/hr
Senior Engineer/ Project Magager $95/hr
Staff Engineer $80/hr
Associate Engineer $65/hr
Technician: DraftlCADD $60/hr
Clerical $40/6r
These rates include all direct and indirect costs except direct expenses. Indirect costs
include such items as overhead, profit and such statutory and customary fringe benefits
as social security contributions, sick leave, unemployment, excise and payroll taxes,
workmen's compensation, health and retirement benefits.
2. Reimbursable direct expenses shall mean toll telephone calls and telegrams,
reproduction or reports and other project related materials, expendable supplies directly
used on the project, and computer charges.
3. All costs and fees of subcontractors hired by EBG must be included in the contract price
unless the OWNER gives advance approval in writing to any proposed costs and fees of
subcontractor.
•