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HomeMy WebLinkAbout1999-128dDMQavnp Dresser & McKee Inc. bnras9lxtim 2301 Maitland Center Parkway. Suite 300 Maitland, Florida 32751 Tel: 407 660.2552 Fax: 407 875.1161 April 12, 1999 Mr. Ronald R. Brooks, Manager Indian River County Solid Waste Disposal District 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Professional Engineering Services Master Agreement for Solid Waste Services at the Indian River County (IRC) Solid Waste Disposal District (SWDD) Landfill Dear Mr. Brooks: Camp Dresser & McKee Inc. (CDM) is pleased to submit 5 signed copies of this Professional Engineering Services Master Agreement to Indian River County to perform Solid Waste engineering services for the Indian River County SWDD landfill. This agreement has been revised as per our discussions and includes a Certificate of Insurance as you requested. We appreciate the opportunity to assist Indian River County in performing these services over the next five years. If you have any questions, or need additional information, please call our office. Very truly yours, CAMP DRESSER & McKEE INC. APPROVED 1Lz'-. wow �F- ,/ John G. Ladner, P.E. E. Lawrence Adams, Jr., P.E., DEE Vice President Attachments cc: Donald R. Tubbs, P.E., Director, Indian River County SWDD E. Lawrence Adams, Jr., P.E., DEC, CDMIVRB File: 0000-ELANB-MT.ELAIC, wlattachments ,,026.+Ap1 April 13. 19" C:1 11 SWDD CONTRACT NUMBER 9901 THIS AGREEMENT, entered into this __&' day of 1999, by and between SOLID WASTE DISPOSAL DISTRICT (SWDD), a dependent spdclal district of Indian River County, a political subdivision of the State of Florida, hereinafter referred to as the "SWDD," and CAMP DRESSER & McKEE INC., 1701 State Road A4 -A, Suite 301, VERO BEACH, FLORIDA 32963, hereinafter referred to as the "Engineer," J__ ,K That the SWDD and the ENGINEER, in consideration of their mutual covenants, herein agree with respect to the performance of professional civil/environmental engineering and land surveying services by the ENGINEER and the payment for those services by the SWDD as set forth below and in individual work orders. This Agreement shall be referred to as the "MASTER AGREEMENT" under which future work authorizations will apply. The ENGINEER shall provide professional engineering and such other related services as defined in the work authorization for the SWDD in all phases of each project as described in an individual work authorization prepared by the Engineer in conjunction with the Solid Waste Disposal District (SWDD). The ENGINEER shall serve as the SWDD's professional representative for the project as set forth in each work authorization, and shall give professional engineering and solid waste system advice to the SWDD during the performance of the services to be rendered. SECTION I - PROJECT LIMITS This agreement involves continuing environmental engineering and hydrogeological services related to study, design, permitting, construction, operation and financial services for the County landfill including, but not limited to the following: �+xr vrar�a Applications for environmental construction and operation permits as follows through the Orlando Department of Environmental Protection, Environmental Protection Agency, Corps of Engineers, and St. John's. Water Management District. Services will include any required site planning or permitting by local government for accomplishment of Scope of Services provided herein, X Class I landfill construction and operation permits for existing Segment II and in- fill between Segment I and Segment II and future Segments. C&D landfill construction and operation permits.. B. Groundwater monitoring permits for the closed and operational landfills and adjacent properties to include any required hydrological or hydrogeological studies, contamination assessments, biennial reports, groundwater contour mapping, etc. 40 0 C. 5tormwater management permits to include any required wetlands studies or mitigation determinations. D. Composting evaluation construction and operation. E. Materials' Recovery Facility to include recycling of construction and demolition debris. F. Consumptive use permits for dewatering and discharge of groundwater from borrow pits, G. Discharge permits as required for discharge of industrial wastes or dewatering wastes from mining or borrow pit operation. This will include the design, permitting, construction and operation of any required pretreatment systems. H. Design, site planning, construction and operation of a borrow pit/mining operation, to include all studies: research and other services required and related thereto. 1. Leachate management, treatment, recycling and disposal permits to include requirements for storage and transmission. This area will include studies of the feasibility for a Long term Bioreactor System. J. Solid waste transfer/recycling station permits to include site planning, construction, operation, and stormwater management. K. Design, permitting, construction and operation of a landfill gas recovery and flare/recycling system. L. Title V Air Emission studies and permitting. M. Landfill closure permits. II. Design and construction services as required for the actual bidding, awarding bid, construction monitoring and quality control, and certification of completion for all items or requirements associated with activities or facilities outlined in Section I above. This will include all onsite improvements, buildings, and roads which may be required. In addition, site planning, survey work and other services which are required to support the activities or facilities outlined in Section I above are to be included. Phase I and Phase 2 environmental assessments of property SWDD is considering for purchase may be included in services provided. 09423 ,ansa III. Financial Related Services The consultant shall serve as the SWDD's professional engineer providing continuing services relative to the SWDD's on-going assessment program and its operational and financial reporting requirements. Specific services shall include but not be limited to: A. Waste Generation Studies: Specific analysis of the waste composition and the waste generation rates of specific. commercial sectors as required in response to assessment petitions and/or disputes relative to waste stream assessment rates. B. Rate Studies: I. Evaluation and determination of base assessment rates "Readiness to Use Fee" on an annual 'basis or as needed to insure accurate and proper application of base assessment fees. 2. Financial studies as needed to update disposal rates/fees for materials such. as waste tires, construction and demolition debris, landclearing debris, etc. This service would be related to the equitable and adequate application of disposal charges not covered in the annual assessment charge. C. Financial Services Related to Operations and Reporting: I . Preparation of analysis, statements, and reports as needed in the use of Repair and Replacement Funds. 2. Preparation of Annual Full Cost Accounting Reports. 3. Preparation of Annual Reports and provision of annual counseling on the economical and efficient operation of the SWDD system, and in connection with the making of capital improvements and renewals and replacements of the system. 4. Preparation of the Annual financial responsibility statements and long term care reports as well as preparation of other financial responsibility statements that may be required by regulation or as a result of expanded operations. Service hereunder will include evaluations and determinations of landfill space consumed and landfill space remaining. S. Evaluation and preparation of any procedures or reports related to the updating of the Solid Waste element of the Indian River County Comprehensive Plan. I2423 krAM r • e D. Ordinance and Franchise Assistance: Consulting services in the development and implementation of ordinances and resolutions relative to solid waste management, to include the regulation of hazardous wastes, biohazardouslgeological wastes, development of mandatory waste collection, mandatory recycling, development and implementation of non -ad -valorem assessments, etc. 2. Consulting services and assistance in the implementation of franchises related to solid waste management. 1V. General engineering services as needed in support of the SNVDD operations to include: 1. Environmental Assessments 2. Biennial Reports on the groundwater and surface water monitoring program to include trend analysis and evaluation of the in place systems. 3. Contamination assessments studies, reports and clean tip plans. This will include contamination assessment plans, contamination assessment reports and remedial action plans. 4. Various other engineering services as needed in the support of the overall solid waste management operations. 5. Survey work to support assessment of airspace consumed by waste deposited in the landfills onsite. V. Contract Operations Development of RFQs and RFPs for contract operation in Class i Landfills, C&D Landfills, vegetative waste management and hazardous waste management, and solid waste and recycling collection services. 2. Contract negotiations for implementation of contractual services. 3. Bench markings and cost analysis in the comparison of in-house versus contractual operations. VI. Other services needed to accomplish the Scope of Serviecs outlined in Section I - V to include public presentations, expert testimony, and financial evaluations or studies. • O The project limits shall be identified in individual work authorizations prepared by the Engineer in conjunction with the Solid Waste Disposal District (SWDD) and approved by the SWDD Board of Commissioners. Each work authorization will be sequentially numbered and approved by the SWDD prior to a Notice to Proceed being issued. Groundwater monitoring for closed landfills located in other areas of the county (exclusive of County landfill) is a service excluded from this Agreement. Basic services required of the ENGINEER for the project will be described in other appropriate sections of this Agreement and in individual work authorizations. SECTION II - SWDD OBLIGATIONS The SWDD agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement: A. Provide the ENGINEER with a copy of any related preliminary data or reports available. B. Provide the ENGINEER with all available drawings, surveys, right-of-way maps, and other documents in the possession of the SWDD pertinent to the project. C. The SWDD shall be responsible for acquiring all right-of-ways, easements, and other rights in land as necessary to complete the project. D. If new permit requirements are established by regulatory agencies after the date of a work order affected by such permits, the SWDD shall be responsible for obtaining those permits required to perform the work to complete the project. E. The SWDD shall make all provisions for the ENGINEER to enter upon public or private property as required far the ENGINEER to perform his services. F. The SWDD will promptly review and approve all proper permit applications necessary to expedite the acquisition of any local, state, or federal permits made necessary by the project. SECTION III - SCOPE OF SERVICES The ENGINEER agrees to perform all necessary professional engineering and other services in connection with the project as required and as set forth in the following: roW423 arm*,a A. 1. The ENGINEER will endeavor not to duplicate any previous work done on the project. Before issuance of a work order and written authorization to proceed, the ENGINEER shall consult with the SWDD to clarify and define the S WDUs requirements for the project and review all available data. • 0 M14;3 ,WLW The ENGINEER will attend all conferences with the SWDD and its representatives, upon request. 3. In order to accomplish the work described under this Agreement under the time frames and conditions set forth in this Agreement, the ENGINEER will observe the following requirements: a. The ENGINEER shall complete his work on the project within the time allowed by maintaining; at all times an adequate staff of registered engineers, draftsmen, and other employees. b. The ENGINEER will comply with all federal, state, and local laws applicable to the project(s). The ENGINEER will design the project in such a manner as to be in conformance with all applicable federal, state and local laws in effect at the time the design is performed, The SWDD shall supply copies of all applicable local codes and regulations to the ENGINEER. C. The ENGINEER will prepare all necessary sketches and completed application forms to accompany the SWDD's application for any required federal, state or local permits. d. The ENGINEER will cooperate fully with the SWDD in order that all phases of the work may be properly scheduled and coordinated. C. The (ENGINEER will complete a preliminary check of construction plans with any city, county, state, or federal regulatory agency from which a permit or other approval is required prior to final approval of the design by the Director of SWDD. f. The ENGINEER will contact all utility companies having installations in the vicinity of the proposed project and consider relocation of utilities, if necessary. The ENGINEER will provide the SWDD with all known information relative to any required utility adjustments, relocations, and installations, and will show all known utilities on the final design plans. g. The ENGINEER shall report the status of this project to the Director of SWDD upon request and hold all drawings, calculations, and related work open to the inspection of the Director or his authorized agent at any time, upon reasonable request. The ENGINEER will furnish additional copies of the drawings, specifications, and contract documents as required by prospective bidders, material suppliers, federal, state, and local agencies from whom approval of the project must be obtained, and other interested parties, but may charge only for the actual cost of such copies. 'rhe ENGINEER will furnish to the SWDD the necessary number of sets of the drawings, specifications, and reports. The cost of these documents are not included in the basic compensation paid to the ENGINEER, but wilt be paid as a 4D M2.» 40&W direct expense, All original documents, survey notes, field books, tracings, and the like, including all items furnished to the ENGINEER by the SWDD pursuant to this Agreement, are and shall remain the property of the SWDD. The drawings prepared by the ENGINEER shall be of sufficient detail to permit the actual location of the proposed improvements on the ground. Available property surveys, property plats, and legal descriptions for easements and land to be acquired shall also be furnished by the SWDD. Negotiation for all land rights shall be accomplished by the SWDD, unless the SWDD requests the ENGINEER to perform those services in a subsequent work authorization to this Agreement. In the event the ENGINEER is requested to perform these services, the ENGINEER shall be compensated for such additional services. The ENGINEER further agrees to obtain and maintain, at the ENGINEER's expense, such insurance as will protect hint and the 'SWDD from claims under the Workman's Compensation Act and from all claims for bodily injury, death, or property damage by the ENGINEER's employe^s of the ENGINEER's functions and services required under this Agreement. The ENGINEER will obtain and maintain, at the ENGINEER's expense, errors and omissions insurance in the amount established in each work authorization. The ENGINEER acknowledges that preparation of all applicable permits for the SWDD's submittal through governmental regulatory agencies are included within the scope of basic compensation. Any additional work required by regulatory agencies which establish such regulations after the date of this Agreement shall be an additional service, and the SWDD shall compensate the ENGINEER in accordance with Section VI - Additional Work, of the Agreement or in accordance with an approved work authorization. 8. If the SWDD proposes to construct the improvements in a phased manner, the ENGINEER will prepare detailed master plan drawings as required. Compensation to the ENGINEER for basic services shall be in accordance with each work authorization, as mutually agreed upon by the ENGINEER and SWDD. SECTION IV - TIME FOR COMPLETION The lime for completion of each project shall be defined in the work authorization. C-1 SECTION V - COMPENSATION The SWDD agrees to pay, and the ENGINEER agrees to accept, for services rendered pursuant to this Agreement fees in accordance with the following: A. Professional Services Fee 1. The basic compensation shall be mutually agreed upon by the ENGINEER and the SWDD prior to issuance of each work authorization. B. Payment shall be as set forth in each work authorization. SECTION VI - ADDITIONAL WORK In the event changes are requested by the SWDD to the contract plans, after said plans have been approved and accepted by the SWDD and upon the issuance of a work authorization for said additional work by the Director of SWDD, said additional work may commence in accordance with the fee schedule included in the Work authoriwion. SECTION VII - PARTIAL PAYMENTS The ENGINEER shall submit duly certified invoices in triplicate, phased as defined in the work authorization, to the Director of SWDD. The SWDD shall pay the ENGINEER in accordance with the Florida Prompt Payment Act F.S.218.70. Any invoices submitted for travel expenses shall be submitted in accordance with and subject to the limitations of F.S.112Ab1. SECTION VIII - EXTRA WORK In the event extra work is necessary due to a change in scope of the project, such work shall be the subject of a supplemental work authorization approved by the Board of Commissioners of the Solid Waste Disposal District. SECTION IX - RIGHT OF DECISIONS All services shall be performed by the ENGINEER to the satisfaction of the Director of SWDD who shall decide upon all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement. The prosecution and fulfillment of the service hereunder, and the character, quality, amount, and value thereof, and the Director's decision upon all claims, questions, and disputes shall be final, conclusive, and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. Adjustments of compensation and contract time because of any major changes in the work that might become necessary or he 4 8 deemed desirable as the work progresses shall be reviewed by the Director of SWDD. In the event that the ENGINEER does not concur in the judgment of the Director of SWDD as to any decisions made by him, he shall present his written objections to the County Administrator, who shall make a decision. If the ENGINEER is still unsatisfied with the decision he may pursue his remedies in court. SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership All reports, tracings, plans, specifications, field books, survey information, Autocad files, maps, contract documents, and other data developed by the ENGINEER for the purpose of this Agreement shall become the property of the SWDD and shall be made available by the ENGINEER at any time upon request of the SWDD. All information provided shall be in a format agreed upon in advance which is acceptable to the SWDD. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the Director of SWDD. B. Reuse of Documents All documents, including but not limited to drawings and specifications, prepared by the ENGINEER pursuant to this Agreement are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the SWDD or others on extensions of this project or on any other project. The ENGINEER shall not be held liable for any reuse of the documents and shall not be held liable for any modifications made to the documents by others, SECTION XI - NOTICES Any notices, reports, or other written communications from the ENGINEER to the SWDD shall be considered delivered when posted by certified mail or delivered in person to the Director of SWDD. Any notices, reports, or other communications from the SWDD to the ENGINEER shall be considered delivered when posted by certified mail to the ENGINEER at the last address left on file with the SWDD or delivered in person to said ENGINEER or his authorized representative. SECTION XII - TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice. In the event of any termination, the ENGINEER will be paid for all services rendered to the date of termination. Since the SWDD shall have the right of approval of all consultant personnel assigned to any SWDD project, any subsequent changing of assigned personnel shall also be subject to SWDD approval. Failure to adhere to this policy shall be considered a cause for contract termination. M24n This Agreement may be unilaterally canceled by the SWDD for refusal by ENGINEER to allow public access to all documents subject to the public records law (F.S.119) made or received by the ENGINEER in conjunction with this. Agreement. SECTION XIII - AUDIT RIGHTS The SWDD reserves the right to audit the records of the ENGINEER related to this Agreement at any time during the prosecution of the work included herein and for a period of one year after final payment is made. SECTION XIV - SUBLETTING The ENGINEER shall not sublet, assign, or transfer any work under this Agreement without the written consent of the SWDD. When applicable and upon receipt of such consent in writing, the ENGINEER shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. SECTION XV - WARRANTY The ENGINEER warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the ENGINEER to solicit or secure this contract, and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the ENGINEER any fee, commission, percentage fee, gifts, or any other considerations, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the SWDD shall have the right to annul this contract without liability. SECTION XVI - DURATION OF AGREEMENT This Agreement shall remain in full force and effect, for a period of five years after the date of execution thereof or until completion of all project phases as defined, whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto or pursuant to Section XII. SECTION XVII - INSURANCE AND INDEMNIFICATION The ENGINEER shall not commence work on this contract until he has obtained all insurance required under this paragraph and such insurance has been approved by the SWDD. The ENGINEER hereby agrees to INDEMNIFY, and save harmless, the SWDD, from and a;ainst any and all claims arising out of the negligent acts, errors or omissions of the ENGINEER. The ENGINEER shall maintain during the term of this Agreement the levels of insurance coverage which shall be defined on Attachment A and on each individual work authorization submitted to the ENGINEER. SECTION XVIII - ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. "wol1 tY wawa • i This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed these presents this day of 1999. CAM DRESSER & McKEE Ills BOARD OF COUNTY COMMISSIONP-RS ENGINEER INDIANL_tORIDAR COUNT BY: �� BY:� I` Name: E. Lawrence Adams, Jr, ame: Kenneth R. Macht Title: Vice President Title: County Commission Chairman WITNESS: WITNESS: JeO' 4 V 13.99 I qp Ac.1, m%MT A •ACORD _ CERTIFICATE OF INSURANCE 1 4/8/99 PRODIWER Aon Risk Services, Inc orMA 9911if-is Street Roston, MA 02410.3271 (617) 482 - 3100 '1111S C ER11FIC'A ' IS ISSIIE[I)AS A MA'1-1138 O1 INI ORMA77ON ONLY AND CONFERS NO RI6I1 I'S UPON TI IF CFRTIFI('A'TA U[.)I.UI R. TIIISC'I:R171 ICA'SY: IXJ1:S N(7r AM1:NI), FXTE:NI)()R AI:I l:R 1111: COVI;RA(,l_ AFFORT)FD IIY TIIF; POI.ICIF:S 11E[.OW. COMPANIES AFFORDING ('OVERAGE: INSVRED Camp Dresser & hlcKce Inc. One Cambrigge Center Cambridge, NIA 02142 COILTR A Zurieh Insurance MUM 8 Zurich Re (UK}I_,Is1.&I.ondon C'o& COILTR C COII:TR D COVERAGES TEAS IS TO CERTWY HEAT TILS POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 10 1BE INSURED NAMED ABOVE FOR 111F. POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR OF ANY CONTRA(']OR OILIER DOCUMENT WITH RESPECT TO WDICH TIi15 CERIIFTCATF MAY BE ISSUED OR MAY PERTAIN. 71111: IN%URANCI. AFFORDED BY THE P(lE.1CR;S DESCRIBED, HEREIN LS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OR SUCH POLICIES. LIMITS SI TOWN MAY FIA VE BiI N REDUCH) BY PAII) CLAIMS• CO LTIt TYPE OF INSURANCE POLICY NUMBER 1101.I(Y EFFFCIIVJ: DATE M)LICY EXPIRATION DA IT, I.IMI'I•S GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE = GccuRRI-NCE OWNER'S & CONTRACTORS PROT G1.1I8376632A3 1101140 1/01/2000 GENERAL AGGREGATI+ $2.000.000 A PRODUC 1S•CONINOP 52,000,p00 A[;(iRl:(;ATE P RSONA.I.R ADV INJURY S1,000.900 EACI I.00C'URRI.NCE S1.00W)OD FIRL DAMAGE (Any ane Bre) S 100.000 MED EXP (Any one Mum) S $,000 A AUTOMOBILE LIABILITY X ANY AUTO ALLOWNEDAUTOS SCUEDUL,FO AUTOS X IFIRED AUTOS X NON -OWNED BAPS376631-03 1101199 1/01/2000 COMIRNEDSINGLI.LIMIT $$,000;000 BODILY INJURY 5 (PLC PCrsan) BODILY INJURY $ (Per Accident) PROPERTY DANIA(iE 5 GARAGElAAB11..ITT ANY AUTO AUNOOU.Y.IAALI'IE)ENI $ OTI I17R IRAN A%J ] 0 ONLY I;A(AI ACCI DENI% $ ACiGRI (;A l F $ EXCESS 1.I AOf IATV UMBRELLA FORM OTHER TI IAN UMBRELLA FORM F.AC H OCCURRENCE S A(KAtE:GATE S A X WORKERSCOMPENSAT90% AND F.l71PI.OVERS LIABILITY THEPROPRIETOR/ ]NCI. PARTNERSr.XGCl1T[VE 11X['1.. OFFICERS ARF:; WC9376633.04 WCR37663'1.04 (CA) I/0U99 11011)4 110112000 1101/2000 X IflAIDTORYLIN111S E:ACIIACC IIDEN1 S 500.000 DISFASI.- Mi. IC'Y1.11,111 4,1.0110,0011 BI5FASV.-1-:ArB ES+rt ctrl is S 5110.000 11 1 0-r11ER Professional Liability Q1198moos I/EIi/99 1101120(1; 53,000.0110 AkLrvV;+Io DESCRIPTION OFOPM. 'kT1ON.VLOCA'F[(iN4NF;iI1('I,F.tiitii'E;C'IAI. rMNIS RF: Continuing environmental engineceringscmicesfor the Count) i.urdtill. CERTIFICATE HOLDER CANCELLATION Ward IlTC'1)Rr1lyCannnls%ioncrs Solid Waste Disposal Distriet/indiaTl River (ntnlly 1840 26111 Sifeel vcmReach. Florida 32968.3394 illl)l11)A'.N-iR IHIA1411%310IN1'KIRII> his It11ti111.k%.%tT11r1)IIfr11R1�. IIIc I \-111 A 1+114 115 11 1111 WIII 1111 ISA IM, 1'11511'5\Y %91 1%[It ADPL I(I M%It 1_111.1115N At 111,N%113111 rl) 111111 k 1111/ 111- 11111 DI.R.'i. SVI) rl ll) 1111 1 V V I I,I-1 l 5114 KI 1111151E St k 11.1.lkllt l 111511 N+I'I1N1 N()1.71111ii51141.%IiR IINn11 NAV 14 S1r'AIN111,11IN 10.11.1151Ni45. INS %I'l%t\1Ik MI' -a1 Ni Nra rill S /1w 21-S t),91) No. 99-1456