HomeMy WebLinkAbout2023-2692023015 — Continuing Consulting Engineering Services
AMENDMENT TO WORK ORDER FOR
Phase 1 - Segment 3, Cell 3 Site Preparation
(Project Name)
This Amendment 1 to Work Order Number 18 is entered into as of Dir 12, 2023 ,pursuant to
that certain Continuing Contract Agreement, dated May 2, 2023, ("Agreement"),
by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and
Geosyntec Consultants, Inc. ("Consultant").
1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work
Order Number 18 , with an Effective Date of 22 November 2022
2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A
(Modification to Scope of Work), attached to this Amendment and made part hereof by this reference. The
professional services will be performed by the Consultant within the timeframe set forth in the Work
Order, or as amended in Exhibit A, all in accordance with the terms and provisions set forth in the
Agreement.
3. From and after the Effective Date of this Amendment, the above -referenced Work Order is modified as
set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work
Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be
incorporated in each individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written
above. ..•• •••
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CONSULTANT:
By:
Print Name: Todd .Kafka, PG
Title:
Vice President
BOARD OF COUNTY COM O : s t :* %
OF RIVER COUvry
By:
S n Adams, Chairman ��;.. t• '.
BCC Approved Date: December 12, 2023
Attest: Ryan L. Butler, Clerk of Court and Comptroller
By:
Deputy
Approved:
Approved as to form and legal sufficiency:
Scope, thresholds and amendment number confirmed by:
K. ArftliJackmzfi, Assistant County Attorney
Purchasing
EXHIBIT A
PROFESSIONAL SERVICES
Geosyntec("
consultants
Mr. Himanshu Mehta, P.E.
Managing Director
Solid Waste Disposal District
Indian River County
1325 74th Avenue SW
Vero Beach, Florida 32968
1200 Riverplace Blvd., Suite 710
Jacksonville, Florida 32207
PH 904.858.1818
www.geosyntec.com
14 November 2023
Subject: Proposal to Provide Engineering and Construction Support Services
Site Preparation for Cell 3 of Segment 3 Expansion
Indian River County Class I Landfill
Vero Beach, Indian River County, Florida
Dear Mr. Mehta:
Geosyntec Consultants, Inc. (Geosyntec) is pleased to submit this proposal to the Indian River
County (IRC) Solid Waste Disposal District (SWDD) to provide additional engineering design
and construction support services related to the site preparation activities for Cell 3 of Segment 3
Expansion of the Class I Landfill (hereafter referred to as the Project) at the IRC Landfill (IRCL)
facility located in Vero Beach, Florida. The site preparation activities include preparation of the
subgrade of the approximately 10.5 -acre Cell 3 footprint, and associated stormwater
management features and groundwater monitoring wells in order to expedite the construction of
the Cell 3 liner system under a separate procurement contract. This proposal presents the scope
of work, schedule, and budget estimate for the additional services related to Phase 1 — Segment 3
Cell 3 site preparation activities. This proposal was prepared by in response to discussions
between Mr. Himanshu Mehta, P.E., Managing Director of SWDD and Mr. Ron T. Jones,
BCEE, Assistant Managing Director of SWDD and Dr. Timothy Copeland, P.E and Dr. Kwasi
Badu-Tweneboah, P.E. both of Geosyntec.
Geosyntec has prepared this proposal (professional services) as Exhibit A of Amendment 1 to
CCNA-2018-WO No. 18, pursuant to that certain Continuing Contract Agreement for
Professional Services, dated 2 May 2023, ("Agreement"), by and between INDIAN RIVER
COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("Cons
ultant"). The remainder of this proposal is organized to present: (i) project background; (ii) propo
sed scope of work; (iii) and budget estimate.
FL9363-01! 11,23067 Segment 3 Cell 3 Site Preparation Amendment 1.doc
011111t)F`v',, I '{'inti atS I innovator';
Mr. Himanshu Mehta, P. E.
14 November 2023
Page 2
PROJECT BACKGROUND
The IRCL facility is located in southern Indian River County, east of Interstate 95, south of Oslo
Road, and west of Rangeline Road in Vero Beach, Florida. The SWDD administers the
management and operation of the Class I landfill at the IRCL facility. The Class I Landfill
includes the closed Segment 1/Infill/Segment 2 vertical expansion, and Segment 3 lateral
expansion (Segment 3). The total footprint area of Segment 3 is 76 acres and consist of eight
cells that are being constructed in phases as needed. Segment 3, Cell 1, directly east of and on
top of the east slope of Segment 2, was constructed in 2013. Segment 3, Cell 2 was constructed
in 2020. Republic Services of Florida LP (Republic), the operator of the Class I Landfill, has
estimated that filling of Cell 2 will be nearly completed by the end of Calendar Year (CY) 2023
and has therefore recommended that SWDD considers construction of Cell 3 during CY 2023.
In order to expedite Cell 3 construction, SWDD would like to implement it in two phases, as
follows:
• Phase 1: Site preparation activities consisting primarily of the earthwork for construction of
the subgrade for Cell 3; the fill material will be obtained from off-site borrow sources with
the actual placement and compaction to be performed by a contractor through the
procurement process.
• Phase 2: Construction of the Cell 3 liner and leachate control systems to be performed by a
contractor selected through a separate procurement process.
On 22 September 2023 SWDD authorized Work Order 18 to Geosyntec to provide engineering
and construction support services related to Phase 1 Site preparation activities for Cell 3 liner
construction. The scope of services included preparation of construction documents, contractor
procurement support services, and construction -phase support services. ccccc
This proposal addresses the additional engineering design and construction support services
required to complete Phase 1 of the Project, including additional engineering design services
requested by SWDD, additional construction support services including additional geotechnical
testing required to substantially complete construction by the contractor. In addition, SWDD
requested that Geosyntec prepare a minor modification permit application to include leachate toe
drains in Cells 3 and 4 for submittal to FDEP prior to Phase 2 construction.
FL9363-01/ JL23067 Se«ment 3 Cell 3 site Preparation Amendment I .doe
esiginc.ers i scientists { innovators
Mr. Himanshu Mehta, P. E.
14 November 2023
Page 3
PROPOSED SCOPE OF WORK
In additional to the original project scope of work this proposal presents the need for additional
scope including, additional geotechnical testing, preparation of additional construction drawings,
extended construction support services, and preparation of minor modification permit
application. For budgeting purposes, the additional scope of work is divided into the following
four phases:
• Phase 1 — General Consulting/Meeting Support/Project Management;
• Phase 2 — Preparation of Additional Construction Drawings;
• Phase 3 — Extended Construction -Phase Support Services; and
• Phase 4 — Minor Modification Permit Application.
Phase 1— General Consulting/Meeting Support/Project Management
Under this phase, Geosyntec will perform project management responsibilities, such as
correspondence with SWDD and FDEP, review of subcontractors' invoices, project
coordination, and administration including monthly invoicing.
Phase 2 — Preparation of Additional Construction Documents
This phase includes the additional effort made to re -align the perimeter road on the eastern edge
of Cell 4 as directed by Ronnie Jones of IRC SWDD. Additional Construction Drawings were
prepared utilizing the Segment 3 Expansion Permit Drawings prepared by Geosyntec in March
2010 and revised in November 2015. Construction control points were provided for
construction.
Phase 4 — Extended Construction -Phase Support Services
The originally approved Work Order assumed engineering support services for a 2 to 3 month
construction duration. As of October 31St, 2023, the Project has surpassed the 3 month projection
based on the contractor's schedule. The additional support projected to finish this project will
include an additional month of contracting services based on the contractors' current schedule
estimation. Therefore, Geosyntec will provide construction and engineering support services for
an additional month. This includes preparation and participation in weekly construction progress
meetings, preparation meeting minutes, and review of contractor's submittals including payment
application requests.
In addition, as part of this phase, a proposal provided by AACE for the additional work required
to complete the Project is included as Attachment A. Geosyntec will also continue to review all
FL9363-01/ J1,23067 Scemem 3 Cell 3 Site Praoaradon Ama:nilmcm I doc
vtyineeis I scientists I innovators
Mr. Himanshu Mehta, P. E.
14 November 2023
Page 4
test results to ensure compliance with the project specifications and FDEP-issued permit for the
Class I Landfill.
Phase 6 — Minor Modification Permit Application
This phase includes the additional effort made to prepare a minor modification permit
application to add leachate toe drains along the north-eastern and north-western limits of both
Cell 3 of Segment 3 and the future Cell 4 of Segment 3.for submittal to the FDEP. At the request
of SWDD, Geosyntec scheduled and participated in a pre -application meeting with FDEP and is
in the process of finalizing the application for submittal to FDEP.
BUDGET ESTIMATE
A budget estimate for the scope of work outlined in Phase 1 through 4 of this proposal is
summarized in the following table. A detailed budget estimate is provided as Attachment B.
Note that fee for the geotechnical testing is included in Phase 1.
• Phase 1 — General Consulting/Meeting Support/Project Management $3,308.36
• Phase 2 — Preparation of Additional Construction Drawings $7,429.47
• Phase 4 — Extended Construction -Phase Support Services $22,177.34
• Phase 6 — Minor Modification Permit Application $6,868.56
TOTAL $39,783.73
Geosyntec will not exceed the cost estimate without prior approval and written authorization
from SWDD.
FL9363-01/ J1.23067 Seement 3 Cell 3 Site Preparation Amendment I.doc
i•Itf;3 ei1:^1'7-x,I SL'. entisis 11CI11ovators
Mr. Himanshu Mehta, P. E.
14 November 2023
Page 5
CLOSURE
Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable,
please indicate your agreement by signing the attached work authorization, which references this
proposal. Please return one signed work authorization to Dr. Badu-Tweneboah's attention.
Please call the undersigned with questions you may have as you review this proposal.
Sincerely,
Timothy Copeland, Ph.D., P.E.
Engineer
Kwasi Badu-Tt(wen�eyboah, Ph.D., P.E.
Senior Principal
Attachments
Attachment A: Andersen Andre Consulting Engineering Inc. Proposal
Attachment B: Detailed Budget Estimate
FL9363-01/ 1L23067 Segment 3 Cell Site Preparation Amendment l.doc
e ngincers I scient `w s j innovators
ATTACHMENT A
AACE PROPOSAL
ANDERSEN ANDRE CONSULTING ENGINEERS, INC. AACE Proposal No. P23 -2668.A
Geotechnical Engineering October 24, 2023
Construction Materials Testing
Environmental Consulting
Geosyntec Consultants, Inc.
1200 Riverplace Boulevard, Suite 710
Jacksonville, FL 32207
Attention: Mr. Timothy Copeland, Ph.D., P.E.
PROPOSAL FOR SUPPLEMENTARY CONSTRUCTION MATERIALS TESTING SERVICES
INDIAN RIVER COUNTY LANDFILL
PROPOSED CELL No. 3 SITE PREPARATION
INDIAN RIVER COUNTY, FLORIDA
Andersen Andre Consulting Engineers, Inc. (AACE) is pleased to present this proposal for providing
supplementary construction materials testing for the above -referenced project.
AACE is currently providing in-place density testing of the fill being placed to form the base of the
proposed Cell No. 3. As part of these on-going efforts, we now understand that we are being requested
to perform these services on a part-time schedule, with an AACE technician being on-site every day in
the afternoon (approximately 1PM to the end of the work day, Monday through Friday) until the end
of November 2023. We note that this level of presence may not satisfy the testing frequency outlined
in the project specifications.
We estimate that the cost of our additional services will be $14,470.00. Charges will be made for the
work actually performed using the unit fees given in the attached "Project Services and Fees" which are
included in our Continuing Services Contract with Indian River County. Contractor efficiency,
methodology and changes in testing frequencies may affect the testing cost. We will notify you in
advance if it appears that the cost estimate will be exceeded.
To authorize us to proceed with this project, please execute and return to us a copy of the attached
Professional Services Agreement form or a Purchase Order number. If you have any questions or if we
can provide any additional information, please feel free to contact us at your convenience.
Best Regards,
ANDERSEN ANDRE CONSULTING ENGINEERS, INC.
Peter G. Andersen, P.E.
Principal Engineer
David P. Andre, P.E.
Principal Engineer
834 SW Swan Avenue, Port St. Lucie, Florida 34983 Ph: 772-807-9191 Fx: 772-807-9192 www.aaceinc.com
SUPPLEMENTARY CONSTRUCTION MATERIALS TESTING SERVICES Page -2-
INDIAN RIVER COUNTY LANDFILL - PROPOSED CELL No. 3 SITE PREPARATION
AACE PROPOSAL No. P23 -2668.A
PROJECT SERVICES AND FEES
In -Place Density Testing
• 35 site visits @ 4 hours per visit @ $63.00/hour (Sr. Engineering Technician) .................... $8,820.00
Additional Laboratory Testing
• 15 Standard Proctor Tests [ASTM D698] @ $91.00/test..................................... $1,365.00
• 15 Particle -Size Analysis [ASTM D422] @ $65.00/test........................................ $975.00
Professional Services
Sr. Project Engineer; 20 hours @ $128.00/hour............................................ $2,560.00
Technical Secretary; 15 hours @ $50.00/hour............................................... $750.00
Total Anticipated Project Cost:..... $14,470.00
The following conditions apply to this project:
(1) Stand-by time will be charged at $63.00/hour per technician.
(2) The contractor should contact Andersen Andre Consulting Engineers, Inc. at (772) 807-9191 a minimum of 24
hours prior to any testing and 48 hours prior to weekend and evening work.
(3) Unit rates apply to standard working days, Monday through Friday, 7:00 a.m to 6:00 p.m. Testing and hourly rates
will be increased by 50% for weekend, holiday or after-hours services.
(4) If our testing estimate for a specific work element is insufficient for that particular activity, resources from another
work element can be used without prior authorization from the client as long as our total cost estimate is not
exceeded. We will notify you in advance if it appears that the cost estimate presented in the attached unit fee
schedule will be exceeded.
(5) Soil sample pickup for laboratory testing will be billed at $63.00/hour if not scheduled with other work.
(6) AACE's field technicians and engineering do not direct or witness the performance of any work. Neither the
presence of an AACE representative on-site nor the observation and testing by our firm implies AACE's
responsibility for defects discovered in the construction work.
() AACE will not be responsible for job or site safety for this project; job site safety will be the sole responsibility of
the contractor.
ANDERSEN ANDRE CONSULTING ENGINEERS, INC.
WWW.AACEINC.COPot
ANDERSEN ANDRE CONSULTING ENGINEERS, INC.
PROFESSIONAL SERVICES AGREEMENT
RACE Proposal No: P23 -2668.A
Project Name: INDIAN RIVER COUNTY LANDFILL - PROPOSED CELL No. 3 SITE PREPARATION
SUPPLEMENTARY CONSTRUCTION MATERIALS TESTING SERVICES
Client:
Geosyntec Consultants, Inc.
Attn: Mr. Timothy Copeland, Ph.D., P.E.
Address:
1200 Riverplace Boulevard, Suite 710
Jacksonville, FL 32207
Client hereby requests and authorizes Andersen Andre Consulting Engineers, Inc. ("RACE") to perform the
following services:
Perform supplementary construction materials testing during the construction of the INDIAN RIVER COUNTY
LANDFILL - PROPOSED CELL No. 3 SITE PREPARATION, as detailed herein.
Estimated Budget:
$14,470.00
Payment Terms:
Net 30 days from invoice date; invoices will be sent every four weeks for continued or extended projects. Interest
charges, 1'/2% per month following the due date.
Proposal Acceptance:
By accepting this Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and
Andersen Andre Consulting Engineers, Inc.'s General Conditions appearing on the reverse side of this page are
incorporated herein by reference. In the event this Professional Services Agreement was received by facsimile
or via email, Client hereby confirms that the above described Proposal, the Terms and Conditions of this
Proposal, including the Terms on this page, and Andersen Andre Consulting Engineers, Inc.'s General Conditions
have been made available and are incorporated in this agreement.
PURSUANT TO FLORIDA STATUTES SECTION 558.0035 (2013) AN
INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD
INDIVIDUALLY LIABLE FOR NEGLIGENCE.
Accepted by CLIENT:
By:
Name:
Title:
Date:
Billing Address:
Phone/Email:
Accepted for RACE:
By:�L_
Name: Peter G. Andersen, P.E.
Title: Principal Engineer
Date: October 24, 2023
GENERAL CONDITIONS
1- Parties And Scope Of Work: Andersen Andre Consulting Engineers, Inc. (hereinafter
referred to as "RACE") shall include said company, its individual professionals, particular
division, subsidiary or affiliate performing the Work, "Work" means the specific
geotechnical, analytical, testing, environmental or other service to be performed by AACE
as set forth in AACE's proposal, the Client's acceptance thereof, both incorporated herein
by this reference, and these General Conditions. "Client' refers to the person or business
entity ordering the Work to he done by AACE. If the client is ordering the Work on behalf
of another, the Client represents and warrants that the Client is the duly authorized agent
of said party for the purpose of ordering and directing said Work. Further, Client shall
disclose any such agency relationship to AACE in writing before the commencement of
AACE's Work hereunder. Client agrees that AACE's professional duties are specifically
limited to the Work as set forth in AACE's proposal. The Client assumes sole responsibility
for determining whether the quantity and the nature of the Work ordered by the Client is
adequate and sufficient for the Client's intended purpose. Client shall communicate these
General Conditions to each and every third party to whom the Client transmits any part of
AACE's Work. AACE's Work is for the exclusive use of Client, and its properly disclosed
principal. In no event shall AACE have any duty or obligation to any third party. The
ordering of Work from RACE shall constitute acceptance of the terms of AACE's proposal
and these General Conditions.
2 - Scheduling of Work: If AACE is required to delay commencement of the work, or if,
upon embarking on its work, AACE is required to stop, delay or otherwise interrupt the
progress of work as a result of changes in the scope of work requested by the client, to fulfill
the requirements of third parties, interruptions in the progress of construction, or other
causes beyond the exclusive reasonable control of AACE, additional charges will be
applicable and payable by the Client.
3 - Responsibility: AACE's work shall not include determining, supervising, or
implementing the means, methods, techniques, sequences or procedures of construction.
AACE shall not be responsible for evaluating, reporting or affecting job conditions
concerning health, safety or welfare. AACE's work or failure to perform same shall not in
any way excuse any contractor, subcontractor or supplier from performance of its work in
accordance with the contract documents.
4 - Payment: Payment shall he due within 30 days after date of invoice. Interest at the rate
of 18% per annum (or the highest rate allowable by law) from 30 days after date of invoice
to date payment is received will be added to all amounts not paid within 30 days after date
of invoice. All attorney fees and expenses associated with collection of past due invoices will
be paid by Client.
5 - Right -of -Entry: Unless otherwise agreed, Client will furnish right -of -entry on the
property for AACE to make the planned borings, surveys, and/or explorations. AACE will
take reasonable precautions to minimize damage to the property caused by its equipment
and sampling procedures, but the cost of restoration or damage which may result from the
planned operations is not included in the contracted amount. If Client desires to restore the
property to its former condition, AACE will accomplish this and add the cost to its fee.
6 - Damage to Existing Man-made Objects: It shall be the responsibility of the Owner
or his duly authorized representative to disclose the presence and accurate location of all
hidden or obscure man-made objects relative to field tests, sampling, or boring locations.
When cautioned, advised or given data in writing that reveal the presence or potential
presence of underground or overground obstructions, such as utilities, AACE will give
special instructions to its field personnel. As evidenced by your acceptance of this proposal,
Client agrees to defend, indemnify and save harmless AACE from all claims, suits, losses,
personal injuries, death and property liability resulting from subsurface conditions or
damages to subsurface structures or man made objects, owned by Client or third parties,
occurring in the performance of the proposed work, whose presence and exact locations
were not revealed to AACE in writing, whether such claims or damages are caused in whole
or in part by AACE, and agree to reimburse AACE for expenses in connection with any
such claims or suits, including reasonable attorney's fees. Client's obligation to indemnify
is limited to $1 million per occurrence, which Client agrees bears a reasonable commercial
relationship to the Work undertaken by AACE. Client further agrees that these general
conditions are a part of the Work's specifications or bid documents, if any.
7 - Warranty and Limitation of Liability: AACE shall perform services for Client in a
professional manner, using that degree of care and skill ordinarily exercised by and consistent
with the standards of competent consultants practicing in the same ora similar locality as the
project. In the event any portion of the services fails to comply with this warranty obligation
and AACE is promptly notified in writing prior to one year after completion of such portion
of the services, AACE will re -perform such portion of the services, or if re -performance is
impracticable, AACE will refund the amount of compensation paid to AACE for such
portion of the sen ices.
This warranty is in lieu of all other warranties. No other warranty, expressed or implied,
including warranties of merchantability and fitness for a particular purpose is made or
intended by the proposal for consulting services, by furnishing an oral response of the
findings made or by any representations made regarding the services included in this
agreement. In no event shall AACE be liable for any special, indirect, incidental, or
consequential loss or delay or time -related damages. The remedies set forth herein are
exclusive and the total liability of consultant whether in contract, tort (including negligence
whether sole or concurrent), or otherwise arising out of, connected with or resulting from
the services provided pursuant to this Agreement shall not exceed the total fees paid by
Client or $50,000.00, whichever is greater. Client may, upon written request received within
five days of Client's acceptance hereof, increase the limit of AACE's liability by agreeing to
pay AACE an additional sum as agreed in writing prior to the commencement of AACIi's
services. This charge is not to be construed as being a charge for insurance of any type, but
is increased consideration for the greater liability involved.
For services involving or relating to pollution, it is further agreed that the Client shall
indemnify and hold harmless AACE and their consultants, agents and employees from and
against all claims, damages, losses and expenses, direct and indirect or consequential
damages, including but not limited to fees and charges of attorneys and court and
arbitration costs, arising out of or resulting from the performance of the work by AACE,
or claims against AACE arising from the work of others. This indemnification provision
extends to claims against AACE which arise out of, are related to, or are based upon, the
disposal, discharge, escape, release or saturation of vapors, fumes, acids, alkalis, toxic
chemicals, liquids, gases or any other material, irritant, contaminant or pollutant in or into
the atmosphere or on, onto, upon, in or into the surface or subsurface. Client's obligation
to indemnify is limited to $1 million per occurrence, which Client agrees bears a reasonable
commercial relationship to the Work undertaken by RACE. Client further agrees that
these general conditions are a part of the W'ork's specifications or bid documents, if any.
8 - Sampling or Testing Location: Unless specifically stated to the contrary, the fees
included in this proposal do not include costs associated with professional land surveying
of the site or the accurate horizontal and vertical locations of tests. Field tests or boring
locations described in our report or shown on our sketches are based on specific
information furnished to us by others or estimates made in the field by our technicians.
Such dimensions, depths or elevations should be considered as approximations unless
otherwise stated in the report.
9 - Sample Handling and Retention: Generally test samples or specimens are consumed
and/or substantially altered during the conduct of tests and AACE, at its sole discretion,
will dispose (subject to the following) of any remaining residue immediately upon
completion of test unless required in writing by the Client to store or otherwise handle the
samples. (a) NON HAZARDOUS SAMPLES: At Client's written request, AACE will
maintain preservable test samples and specimens or the residue therefrom for thirty (30)
days after submission of AACE's report to Client free of storage charges. After the initial
30 days and upon written request, AACE will retain test specimens or samples for a
mutually acceptable storage charge and period of time. (b) HAZARDOUS OR
POTENTIALLY HAZARDOUS SAMPLES: In the event that samples contain
substances or constituents hazardous or detrimental to human health, safety or the
environment as defined by federal, state or local statutes, regulations, or ordinances
("1 Iazardous Substances" and "Hazardous Constituents", respectively), AACE will, after
completion of testing and at Client's expense: (I) return such samples to Client; (il) using
a manifest signed by Client as generator, will have such samples transported to a location
selected by Client for final disposal. Client agrees to pay all costs associated with the
storage, transport, and disposal of such samples. Client recognizes and agrees that AACE
is acting as a bailee and at no time does AACE assume title of said waste.
10 - Discovery of Unanticipated Hazardous Materials: Hazardous materials or certain
types of hazardous materials may exist at a site where there is no reason to believe they
could or should be present. AACE and (Client agree that the discovery of unanticipated
hazardous materials constitutes a changed condition mandating a renegotiation of the
scope of work or termination of services. AACE and Client also agree that the discovery
of unanticipated hazardous materials may make it necessary for AACE to take immediate
measures to protect health and safety. AACE agrees to notify Client as soon as practicable
should unanticipated hazardous materials or suspected hazardous materials be encountered.
Client encourages AACE to take any and all measures that, in AACE's professional
opinion, are justified to preserve and protect the health and safety of AACE's personnel
and the public. Client agrees to compensate AACE for the additional cost of working to
protect employees' and the public's health and safety. In addition, Client waives any claim
against AACE, and agrees to defend, indemnify and save AACE harmless from any claim
or liability for injury or loss arising from AACE's discovery of unanticipated hazardous
materials or suspected hazardous materials. Client also agrees to compensate AACE for
any time spent and expenses incurred by AACE in defense of any such claim, with such
compensation to be based upon AACE's prevailing fee schedule and expense
reimbursement policy relative to recovery of direct project costs.
Il -joint and Several Liability: The concept of joint and several liability is basically this:
When two or more parties are considered responsible for causing injury or damage, any one
of the parties may be made to provide compensation for as much as 1lH % of the damages
assessed. When applied to hazardous materials projects, it is possible that the concept of
joint and several liability could be construed to make AACE partly or wholly responsible
for damages created directly or indirectly by the hazardous materials. Client agrees that it
would be unfair for AACE to be exposed to such an action, because AACE had nothing
whatsoever to do with the creation of the hazardous condition. Accordingly, Client waives
any claim against AACE, and agrees to defend, indemnify and save AACE harmless from
any claim or liability for injury or loss arising from application of a joint and several liability
concept that would, in any manner, hold or seek to hold AACE responsible for creating
a hazardous condition or permitting one to exist. Client also agrees to compensate AACE,
for any time spent and expenses incurred by AACE_ in defense of any such claim, with such
compensation to be based upon AACE's prevailing fee schedule and expense
reimbursement policy relative to recovery of direct project costs.
12 - Legal Jurisdiction: The parties agree that any actions brought to enforce any
provision of this Agreement shall only be brought in a court of competent jurisdiction
located in St. Lucie County, Florida. All causes of action arising out of AACE's Work shall
be deemed to have accrued and the applicable statutes of limitation shall commence to run
not later than either the date of substantial completion of the Work for acts or failures to
act occurring prior to substantial completion, or the date of issuance of final payment for
acts or failures to act occurring after substantial completion of the Work.
13 - Force Majeure: AACE shall not be held responsible for any delay or failure in
performance of any part of this Agreement to the extent such delay or failure is caused by
fire, flood, explosion, war, strike, embargo, government requirement, civil or military
authority, acts of God, act or omission of subcontractors, carriers, client or other similar
causes beyond its control.
ATTACHMENT B
DETAILED BUDGET ESTIMATE
Table 1
BUDGET ESTIMATE
PHASE 1 - SITE PREPARATION FOR CELL 3 CONSTRUCTION
CLASS I LANDFILL - SEGMENT 3 EXPANSION
INDIAN RIVER COUNTY, FLORIDA
PHASE 1: GENERAL CONSULTING/MEETING SUPPORT/PROJECT MANAGEMENT
ITEM
BASIS
RATE
QUANTITY
ESTIMATED
COST
A.
Professional Services
a. Senior Principal
Hr
$260.00
4
$1,040.00
b. Principal
Hr
$245.00
0
$0.00
c. Senior Professional
Hr
$225.00
0
$0.00
d. Project Professional
Hr
$203.00
10
$2,030.00
e. Professional
Hr
$176.00
0
$0.00
f. Senior Staff Professional
Hr
$154.00
0
$0.00
g. Staff Professional
Hr
$132.00
0
$0.00
Subtotal Professional Services
$3,070.00
B.
Technical/Administrative Services
a. Senior Designer
Hr
$165.00
0
$0.00
b. Designer
Hr
$143.00
0
$0.00
c. Senior Drafter/Senior CADD Operator
Hr
$126.00
0
$0.00
d. Project Administrator
Hr
$71.00
2
$142.00
e. Clerical
Hr
$55.00
1 0
$0.00
Subtotal Technical/Administrative Services
$142.00
C.
Indirect Expenses
a. Subcontractor Services
Each
$0.00
1 0.00
$0.00
Subcontractor Services
$0.00
D.
Direct Expenses
a. Lod in
Da
$150.00
0
$0.00
b. Per Diem
Da
$55.00
0
$0.00
c. Communications Fee
3% Labor
$0.03
$3,212
$96.36
d. CADD Computer System
Hr
$15.00
0
$0.00
e. Vehicle Rental & Fuel
Da
$150.00
0
$0.00
f. 8"x11" Photocopies
Each
$0.12
0
$0.00
g. CADD Drawings
Each
$3.00
0
$0.00
Subtotal Reimbursables
$96.36
TOTAL ESTIMATED BUDGET: PHASE 1
$3,308.36
Table 2
BUDGET ESTIMATE
PHASE 1 - SITE PREPARATION FOR CELL 3 CONSTRUCTION
CLASS I LANDFILL - SEGMENT 3 EXPANSION
INDIAN RIVER COUNTY, FLORIDA
PHASE 2: PREPARATION OF ADDITIONAL CONSTRUCTION DRAWINGS
ITEM
BASIS
RATE
QUANTITY
ESTIMATED
COST
A.
Professional Services
a. Senior Principal
Hr
$260,00
1
$260.00
b. Principal
Hr
$245.00
0
$0.00
c. Senior Professional
Hr
$225.00
0
$0.00
d. Project Professional
Hr
$203.00
0
$0.00
e. Professional
Hr
$176.00
14
$2,464.00
f. Senior Staff Professional
Hr
$154.00
0
$0.00
g. Staff Professional
Hr
$132.00
0
$0.00
Subtotal Professional Services
$2,724.00
B.
Technical/Administrative Services
a. Senior Designer
Hr
$165.00
25
$4,125.00
b. Designer
Hr
$143.00
0
$0.00
c. Senior Drafter/Senior CADD Operator
Hr
$126.00
0
$0.00
d. Pro ect Administrator
Hr
$71.00
0
$0.00
e. Clerical
Hr
$55.00
0
$0.00
Subtotal Technical/Administrative Services
$4,125.00
C.
Indirect Expenses
a. Subcontractor Services
Each
$0,00 1
0.00
$0.00
Subcontractor Services
$0.00
D.
Direct Expenses
a. Lodging
Da
$150.00
0
$0.00
b. Per Diem
Da
$55.00
0
$0.00
c. Communications Fee
3% Labor
$0.03
$6,849
$205.47
d. CADD Computer System
Hr
$15.00
25
$375.00
e. Vehicle Rental & Fuel
Da
$150.00
0
$0.00
f. 8"x11" Photocopies
Each
$0.12
0
$0.00
g.CADD Drawings
Each
$3.00
0
$0.00
Subtotal Reimbursablesl
$580.47
TOTAL ESTIMATED BUDGET: PHASE 2
7 429.47
Table 3
BUDGET ESTIMATE
PHASE 1 - SITE PREPARATION FOR CELL 3 CONSTRUCTION
CLASS I LANDFILL - SEGMENT 3 EXPANSION
INDIAN RIVER COUNTY, FLORIDA
PHASE 4: EXTENDED CONSTRUCTION -PHASE SUPPORT SERVICES
ITEM
BASIS
RATE
QUANTITY
ESTIMATED
COST
A.
Professional Services
a. Senior Principal
Hr
$260.00
12
$3,120.00
b. Principal
Hr
$245.00
0
$0.00
c. Senior Professional
Hr
$225.00
0
$0.00
d. Project Professional
Hr
$203.00
0
$0.00
e. Professional
Hr
$176.00
16
$2,816.00
f. Senior Staff Professional
Hr
$154.00
0
$0.00
g. Staff Professional
Hr
$132.00
0
$0.00
Subtotal Professional Services
$5,936.00
B.
Technical/Administrative Services
a. Senior Designer
Hr
$165.00
0
$0.00
b. Designer
Hr
$143.00
0
$0.00
c. Senior Drafter/Senior CADD Operator
Hr
$126.00
0
$0.00
d. Project Administrator
Hr
$71.00
2
$142.00
e. Clerical
Hr
$55.00
0
$0.00
Subtotal Technical/Administrative Services
$142.00
C.
Indirect Expenses
a. Subcontractor Services (AACE)
Each
$14,470.00 1
1.10
$15,917.00
Subcontractor Services
$15,917.00
D.
Direct Expenses
a. Lodging
Da
$150.00
0
$0.00
b. Per Diem
Da
$55.00
0
$0.00
c. Communications Fee
3% Labor
$0.03
$6,078
$182.34
d. CADD Computer System
Hr
$15.00
0
$0.00
e. Vehicle Rental & Fuel
Da
$150.00
0
$0.00
f. 8"x11" Photocopies
Each
$0.12
0
$0.00
q. CADD Drawings
Each
$3.00
0
$0.00
Subtotal Reimbursables
$182.34
TOTAL ESTIMATED BUDGET: PHASE 3
$22,177.34
Table 4
BUDGET ESTIMATE
PHASE 1 - SITE PREPARATION FOR CELL 3 CONSTRUCTION
CLASS I LANDFILL - SEGMENT 3 EXPANSION
INDIAN RIVER COUNTY, FLORIDA
PHASE 6: MINOR MODIFICATION PERMIT APPLICATION
ITEM
BASIS
RATE
QUANTITY
ESTIMATED
COST
A.
Professional Services
a. Senior Principal
Hr
$260.00
12
$3,120.00
b. Principal
Hr
$245.00
0
$0.00
c. Senior Professional
Hr
$225.00
0
$0.00
d. Project Professional
Hr
$203.00
0
$0.00
e. Professional
Hr
$176.00
12
$2,112.00
f. Senior Staff Professional
Hr
$154.00
0
$0.00
g. Staff Professional
Hr
$132.00
0
$0.00
Subtotal Professional Services
$5,232.00
B.
Technical/Administrative Services
a. Senior Designer
Hr
$165.00
8
$1,320.00
b. Designer
Hr
$143.00
0
$0.00
c. Senior Drafter/Senior CADD Operator
Hr
$126.00
0
$0.00
d. Project Administrator
Hr
$71.00
0
$0.00
e. Clerical
Hr
$55.00
0
$0.00
Subtotal Technical/Administrative Services
$1,320.00
C.
Indirect Expenses
a. Subcontractor Services
Each
$0.00
1 0.00
$0.00
Subcontractor Services
$0.00
D.
Direct Expenses
a. Lod in
Da
$150.00
0
$0.00
b. Per Diem
Da
$55.00
0
$0.00-
c. Communications Fee
3% Labor
$0.03
$6,552
$196.56
d. CADD Computer System
Hr
$15.00
8
$120.00
e. Vehicle Rental & Fuel
Da
$150.00
0
$0.00
f. 8"x11" Photocopies
Each
$0.12
0
$0.00
g. CADD Drawings
Each
$3.00
0
$0.00
Subtotal Reimbursables
$316.56
TOTAL ESTIMATED BUDGET: PHASE 4
$6,868.56