Amendment No. 18 w/ CH2M Hill (2)a ooi- ~ y3 ~7
AMENDMENT NO. 18
TO THE PROFESSIONAL LANDSCAPE ARCHITECTURAL
AND ENGINEERING SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
CH2M Hill, ~
DATED ~~ I Ilo , 200,
FOR THE PROVISION OF PROFESSIONAL SERVICES
ASSOCIATED WITH EXFILTRATION TRENCH INVESTIGATION AND
ATTENDANCE TO OVERSIGHT COMMITTEE MEETING
IN AN AMOUNT NOT-TO-EXCEED $15,196 FOR
NEIGHBORHOOD NO. 8 - BAYSHORE ROW IMPROVEMENTS
This Amendment No. 18 to the Agreement made and entered this ~ day of
uq~- , 200, by and between the CITY OF MIAMI BEACH, a Municipal
Corporation xisting under the laws of the State of Florida (hereinafter referred to as
CITY), having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida
33139, and CH2M Hill, having its offices at 800 Fairway Drive, Suite 350, Deerfield
Beach, Florida, 33441(hereinafter referred to as CONSULTANT).
RECITALS
WHEREAS, on May 16, 2001, the Mayor and City Commission adopted
Resolution No. 2001-24387, approving and authorizing the Mayor and City Clerk to
execute an Agreement with CH2M Hill for Professional Services for the Bayshore and
Sunset Islands Streetscape Right-of-Way Neighborhood Project (the Project), pursuant to
Request for Qualifications No.134-99/00; and
WHEREAS, the Agreement provides forthe detailed planning services forvarious
streetscape /landscape /utility improvements within the Bayshore and Sunset Islands
neighborhood; and
WHEREAS, the Agreement was executed for anot-to-exceed amount of
$133,174.00; and
WHEREAS, the planning effort for the Bayshore and Sunset Islands neighborhood
has been completed and detail design activities are underway; and
WHEREAS, on December 10, 2003, the Mayor and City Commission adopted
Resolution No.2003-25432, approving additional design services as Amendment No. 1 to
the Agreement, for planning, design, permitting, bidding /award and construction
administrative services for the Bayshore and Sunset Islands neighborhood for anot-to-
Page 1 of 10
C:IDocuments and SettingslcapimizhlLocal SettingslTemporary Internet Files10LK42AlAmendment No 18 DRAFT.doc
exceed amount of $1,913,302.00; and resulting in a revised contract fee of
$2,046,476.00; and
WHEREAS, on February 24, 2005, Amendment No. 2 to the Agreement was
executed, to re-package Sunset Islands 1 and 2 from Bid Package 8D to Bid Package 8B
at no additional cost; resulting in no change to contract; and
WHEREAS, on November 8, 2005, Amendment No. 3 to the Agreement was
executed to include the completion of a topographic survey along Pine Tree Drive from
West 28th Street to West 40t Street along the east side of the road, for anot-to-exceed
amount of $12,850.00; resulting in a revised contract fee of $2,059,326.00; and
WHEREAS, on February 17, 2006, Amendment No. 4 to the Agreement was
executed to include the evaluation, permitting and preparation of construction cost
alternatives for the installation of curbs/valley gutters to Sunset Islands 1 and 2; for a not-
to-exceed amount of $2,500.00 resulting in a revised contract fee of $2,061,826.00; and
WHEREAS, on February 16, 2006, Amendment No. 5 to the Agreement was
executed to include the installation of four (4) drainage test wells to provide additional
information for the preparation of a Letter of Reasonable Assurance to be submitted to
the Florida Department of Environmental Protection (FDEP), as required in the permit
application for the Project; for anot-to-exceed amount of $55,863.00 resulting in a
revised contract fee of $2,117,689.00; and
WHEREAS, on September 6, 2006, Amendment No. 6 to the Agreement was
executed to include the installation of "P3.2" classified water main replacements required
by the City's Public Works Department; for anot-to-exceed amount of $372,230.00
resulting in a revised contract fee of $2,489,919.00; and
WHEREAS, on September 9, 2006, Amendment No. 7 to the Agreement was
executed to include the installation of bike lanes/routes required by the City's Public
Works Department in a not to exceed fee of $58,128.00 resulting in a revised contract fee
of $2,548,047.00; and
WHEREAS, on September 28, 2006, Amendment No. 8 to the Agreement was
executed to include the installation of alternative parking in the Lake Pancoast area; for a
not-to-exceed amount of $24,900.00 resulting in a revised contract fee of $2,572,947.00;
and
WHEREAS, on September 28, 2006, Amendment No. 9 to the Agreement was
executed to include the installation of road edge treatment to Sunset Islands 1 and 2 ;for
a not-to-exceed amount of $3,200.00 resulting in a revised contract fee of
$2,576,147.00; and
Page 2 of 10
C:IDocuments and SettingslcapimizhlLocal SettingslTemporary lntemef Files10LK42AlAmendment No 18 DRAFT.doc
~,
WHEREAS, on September 28, 2006, Amendment No. 10 to the Agreement was
executed to include the installation of resident requested modifications in the Lake
Pancoast area; for anot-to-exceed amount of $8,680.00 resulting in a revised contract
fee of $2,548,827.00; and
WHEREAS, on August 6, 2007 Amendment No.11was executed for an additional
thirty seven (37) soil borings in Sunset Island No. 1 to verify underground utility services /
potential conflicts, for a not to exceed fee of $10,400.00 resulting in a revised contract
fee of $2,595,227.00; and
WHEREAS, on April 11, 2007 Amendment No. 12 was executed for additional
services regarding verification of additional underground utilities to avoid conflicts in 103
boring sites along North Bay Road between Sunset Drive and Alton Road, for a not to
exceed fee of $27,500.00, and 334 boring sites for Bid Package 8A -Central Bayshore,
for a not to exceed fee of $94,675.00, and to perform a traffic study at the intersection of
West 28th Street and Prairie Avenue for a not to exceed fee of $20,780.00 resulting in a
not to exceed fee of $142,955.00, resulting in a revised contract fee of $2,738,182.00;
and
WHEREAS, on December 20, 2007 Amendment No. 13 was executed for
additional services required to expand the traffic study of alternative design concepts for
the 28th Street and Prairie Avenue intersection previously authorized under Amendment
No. 12, for a not to exceed fee of $22,156.00, resulting in a revised contract fee of
$2,760,338.00; and
WHEREAS, on December 20, 2007 Amendment No. 14 was executed for
additional services required to implement miscellaneous design revisions to bike lanes,
traffic tables, crosswalks, the 28th Street and Prairie Avenue intersection, and water
mains), for a not to exceed fee of $15,403.00, resulting in a revised contract fee of
$2,775,741.00; and
WHEREAS, Amendment No. 15 addresses the additional services required to
reapply for an expired HPB Order for the BP 8C Lake Pancoast ROW Project, for a not to
exceed fee of $2,145.00, resulting in a revised contract fee of $2,777,886.00; and
WHEREAS, Amendment No. 16 addresses the additional services required to
meet with residents interested in the 28th Street and Prairie Avenue realignment, as a
follow-up to efforts that commenced with Amendment Nos. 12 and 13 , for a not to
exceed fee of $2,947.00, resulting in a revised contract fee of $2,780,833.00; and
WHEREAS, Amendment No. 17 addresses the additional services required to
prepare for and attend a meeting with CIP Oversight Committee members to discuss
proposed Sunset Islands 1 & 2 ROW Project improvements, for a not to exceed fee of
$15,344.00, resulting in a revised contract fee of $2,796,177.00; and
Page 3 of 10
C:IDocuments and SettingslcapimizhlLocal SettingslTemporary Internet Files10LK42AlAmendment No 18 DRAFT.doc
WHEREAS, this Amendment No. 18, to include additional services required for
percolation testing and exfiltration trench modeling as an alternate means of stormwater
disposal for the Lake Pancoast project area and attendance at the Oversight Committee
meeting, for a not to exceed fee of $15,196.00, resulting in a revised contract fee of
$2,811,373.00; and
WHEREAS, this proposal has been evaluated by Hazen & Sawyer, the City's
Program Manager, and the CIP Office, and
NOW, THEREFORE, the parties hereto, and in consideration of the mutual
promises, covenants, agreements, terms, and conditions herein contained, and other
good and valuable consideration, the respect and adequacy are hereby acknowledged,
do agree as follows:
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as a part of this
Amendment No. 18.
2. MODIFICATIONS
The Agreement is amended as defined in Schedule "A-18", attached herein.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
4. RATIFICATION.
The City and Consultant ratify the terms of the Agreement, as amended by this
Amendment No. 18.
Page 4 of 10
C:IDocumenfs and SettingslcapimizhlLocal SettingslTemporary Internet Files10LK42AlAmendment No 18 DRAFT.doc
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 18 to be
executed in their names by their duly authorized officials as of the date first set forth
above.
ATTEST:
~ a~,~l,~,~„
City Clerk
ATTEST
E RE AR
Print Name
CITY OF MIAMI BEACH
Director
CONSULTANT: CH2M HILL
B -~ y~~
y `~
Signature
Print Name and Title
APPROVED AS TO
FORM & LANGUAGE
& F ELUTION
,.
~~ r ~
ttomey e
Page 5 of 10
C:IDocuments and SettingslcapimizhlLocal SettingslTemporary Internet FilesIOLK42AlAmendment No 18 DRAFT.doc
SCHEDULE "A-18"
SCOPE OF SERVICES
NEIGHBORHOOD NO.8 - BAYSHORE ROW IMPROVEMENTS
AMENDMENT N0.18
SCOPE OF SERVICES
Schedule "A" entitled, "Scope of Services", is amended as follows:
ADD the following under Task 5 -ADDITIONAL SERVICES, after the language added for
Amendment No. 17:
Task 5.14 -Lake Pancoast Exfiltration Trench Investigation Services
Hydraulic Modeling: As part of this Task, the CONSULTANT shall utilize the test data
developed under Task 6.6 below to determine the length of exfiltration trench that would
be required to replace the currently proposed pump station as shown on the existing 100%
design completion stage documents. It is assumed that the CONSULTANT shall establish
a proposed exfiltration trench length as required to meet necessary treatment and disposal
criteria to meet applicable regulatory agency requirements. In this effort, the
CONSULTANT shall revise the hydraulic model that was previously developed for the
current pump station based design, to include exfiltration trenches in lieu of a pump station
and wells. The revised model shall be run to meet stormwater Master Plan criteria of a 5
year-24 hour storm (7.5 inches) with corresponding flooding criteria limitations as identified
in that document. The results of the new modeling effort shall be summarized in a brief
Technical Memorandum.
Technical Memorandum: As part of this Task, the CONSULTANT shall prepare a
Technical Memorandum to discuss the modeling results and the overall feasibility of the
exfiltration trench alternative. The exfiltration trench alternative will be compared to the
pressurized well alternative. If exfiltration trenches are considered feasible, a meeting will
be held with DERM to present and discuss the conceptual design of the trenching
alternative. A summary of the discussion with DERM will be included in the final draft of the
Technical Memorandum.
Task 5.15 -Oversight Committee Meeting:
The CITY requested the CONSULTANT's participation at a meeting held on August 20, 2008
between the CIP and the CIP Oversight Committee. The purpose of this meeting was to discuss
the current stormwater design of Sunset Islands 1 and 2 and the proposed re-design. The
CONSULTANT was present to discuss the overall stormwater design and responded to questions
from the committee as appropriate.
Page 6 of 8
0:140141Eng14008 Bayshore and Sunset IsleslContract RelatedlAmendment No. 181Amendment No. 18 DRAFT.doc
ADD the following under Task 6 - REIMBURSABLES, after the language added for Amendment
No. 17:
Task 6.6 -Percolation Tests Services:
CONSULTANT shall arrange for and coordinate the efforts of percolation tests services to perform
four (4) percolation tests in the locations shown in Attachment 1. Cost shall be limited to a $3,180.00
not-to-exceed amount, as established in Attachment 2. Unused amount in this allowance shall be
credited back to the CITY at the completion of the project.
Deliverables:
• The CONSULTANT will prepare two (2) hard copies of the Final Technical Memorandum
and 1 electronic copy.
Schedule and Time of Completion:
• The field work, including percolation testing, shall begin within one week of receiving
written Notice-To-Proceed.
• The draft Technical Memorandum shall be completed within two (2) weeks after receiving
the percolation tests data report.
Payment and Compensation:
The method for calculating the fees for the aforementioned proposed engineering services is
established in Schedule `B-18' attached, based on estimated labor plus direct costs. The total fee
proposed for this Scope of Work shall be on anot-to-exceed basis in the amount of $15,196.00.
Invoicing will be monthly and based on hourly rates as defined in the current agreement between
CH2M HILL and the City of Miami Beach.
Page 7 of 8
0:140141Eng14008 Bayshore and Sunset IsleslContract RelatedlAmendment No. 181Amendment No. 18 DRAFT.doc
COMPENSATION
• Original Agreement amount $133,174.00
• Amendment No. 1 (Design services for the Bayshore and Sunset Islands
Neighborhood) amount $1,913,302.00
• Amendment No. 2 (Re-packaging of Sunset Islands 1 and 2 from Bid Package 8D to
Bid Package 8B) amount $0.00
• Amendment No. 3 (Completion of additional topographic survey along Pine Tree
Drive) amount $12,850.00
• Amendment No. 4 (Opinion of design, permitting and evaluation of construction cost
alternatives for the installation of curbs/valley gutters to Sunset Islands 1 and 2)
amount $2,500.00
• Amendment No. 5 (Installation of four (4) drainage test wells) amount $55,863.00
• Amendment No. 6 (Design services for installation of "P3.2" water mains) amount
$372,230.00
• Amendment No. 7 (Design services for the installation of bike lanes/routes) amount
$58,128.00
• Amendment No. 8 (Design services for the installation of alternative parking in Lake
Pancoast area) amount $24,900.00
• Amendment No. 9 (Design services for the installation of road edge treatment in
Sunset Islands 1 and 2) amount $3,200.00
• Amendment No. 10 (Design services for the installation of resident requested
modifications in the Lake Pancoast area) amount $8,680.00
• Amendment No. 11 (Design services for the installation of test holes) amount
$10,400.00
• Amendment No. 12 (Design services for the installation of test holes and
performance of a traffic study) amount $142,955.00
• Amendment No. 13 (Expand Traffic Study previously approved under Amendment
No. 12) amount $22,156.00
• Amendment No. 14 (Implement miscellaneous design revisions to bike lanes, traffic
tables, crosswalks, the 28th Street and Prairie Avenue intersection, and water mains)
amount $15,403.00
• Amendment No. 15 (Reapply for new HPB Order for BP 8C Lake Pancoast) amount
$2,145.00
• Amendment No. 16 (Meet with Residents of 28t" Street and Prairie Avenue) amount
$2,947.00
• Amendment No. 17 (Meet with the Commissioners) amount $15,344.00
• Amendment No. 18 (Percolation Testing and Exfiltration Trench Modeling for An
Alternate Stormwater Disposal Method) amount $15,196.00
• Revised Agreement amount $2,811,373.00
Page 8 of 8
0:140141Eng14008 Bayshore and Sunset IsleslContract RelatedlAmendment No. 181Amendment No. 18 DRAFT.doc
H
Z
FQ-
J
~ W
~ J
2 ~
Op
v
wv
a ~,
~~~ti
m~~o
wmaf-
wg~z
Y LL V ~
~°~o
V ~ N
F
tt Q
~..
...I
~'O
u~ v
O
H
2
~_
~o ~ o j ~ ~°
.~ ; ~ ~ i ~
v ~ I ~ `"
, ~
O ~ N W
i
V O O
O
~V
~ t0 N [7 O ~ O ~
~ t7
~
W ~
~ ~ ~
v I
m ~ O ~ o vii
o ao
v ~ o 0
~ 0 0
~ ~.j
~ ~ I ~
C9 O ~
O O
O O i
O 0
0 O
~ OM 06A I b
9 ~
C 1
~
a ~, ~ N o 0
O O N O ~ ~ O O fOO
Z
~
N (
O
~
`~ _
m
EA fA fA
~ ~ o o aCDi
0 0 0 ~ o °o ° o m
Z
O ~ o a
~
~
~
O ~-
M N
n
v
~
° o
o
M
O ~
~ N
~
~ M
Vi
N ~ Y LLO] r
W o pp
ai co
~
o O
00
°°
c~
n
Z CO
~ ~
~ ~ ~
e r
w ~
o
' _
~'
O ~
~ !~- ~ > o
~ ~ FW-
W;, ¢ g ¢ ~ o
.~ ¢ ~ ~
1- 1- (~ ~ F- F-
U H ~ W ~ W r E Q W ~
~ mC W W ~V O W ~
Q.
Y O
Z
11 O
2
LL
C
S
!LL 1
17
W
a O O O ~ ~ 4
z O O O
H F N ~
~ y) 1~[! O O O ~ ~
Y R M1 W aOD O [>
V O
~ ~ ~ r ~- O [9
~' N M M i/F Y!
~ W m Q c a i
0
d
~ m~o~> F o Fv~ °i A
~ .
O ~
C Ij
Q ~~ NQ. W
C
0
m
a
0
a
w
9
8 $
8
N
o
0
W~~
~~1
m ~
`~
~~~
~~
.~
"s
~~
~_
2
~~~
~s w na +nt ar vrr w.e~ .y r roe .~on~c s~wr ~msw~+~wnw
A~tt~hnnP n ~' Z
~J
a,
v
.~
a
m
c
E
c
0
L
.~
c
w
c
0
Y
a,
a
c
:o
rn
.~
m
is
c
.~
a,
c
.~
c
w
N
fO
a`,
c
0
0
v
v
v_
~c
s
u
v
0
v
l7
Nutting
Engineers
of Florida int. Established 19b7
Your Frojectis Our Commitment
August 18, 2008
CH2M Hil!
301 i Southwest Willingston Road
Gainesville, Florida 32614-7009
Attn: Ms. Pillar Doran Phone: 352.335.5877 ext. 52647
Email: pillar.doranQch2m.com
Subject: Proposal for Exfiltration Tests
City of Miami Beach Neighborhood No. 8
Bayshore/Sunset Islands Package "C"
Miami Beach, Florida
Dear Ms. Doran:
2051 N.W.112th Avenue, Suite 126
Miami, Florida 33172
305-557-3083
Toil Free: 877-NUTTING (688-8464)
Fax:305-824-8827
8roward 954-441-8700
Palm Beach 561-736-4900
St. Lucie 772-408-1050
www.nuttingengineers.com
Nutting Engineers of Florida, Inc. is pleased to present this proposal for performing additional
exfiltration tests for the above referenced project.
Per our conversation on August 18, 2008, you requested that we perform four additional South
Florida Water Management District exfiltration tests at locations identified on drawing SW01A
provided by your office. We understand that additional infiltration trenches may be constructed
in an effort to reduce the number of pump stations. A schematic has been provided by your
office indicating the location of the subject site and approximate test locations.
Based on your request for proposal, and our understanding of the project, we propose the
following scope of work and fee schedule.
SCOPE OF WORK
We will perform four usual open hole exfiltration tests in accordance with South Florida Water
Management District (SFWMD) specifications. Prior to performing the tests we will consult with
CH2M Hill's project manager concerning the depth of the tests.
At the completion of the field work, we will provide a brief report describing the #ield procedures
and the hydraulic conductivity (k value} of the soils. We assume the site is accessible to truck
mounted drilling equipment. Prior to performing the exfiltration tests we will submit a permit
application to the City of Miami Beach including a maintenance of traffic (MOT) plan.
Underground utility clearance will be conducted through Sunshine State One Call and the City
of Miami Beach.
OFFICES
Palm Beach
Miami-Dade
St. !_ucie
FEE SCWEDULE
The above indicated scope of work will be performed for an estimated cost of $3,180.00 based
on the following rates and quantities:
Mobilization (equipment & crew)
SFWMD exfiltration tests
Site visit and staking of test locations
& utility clearance
Maintenance & traffic (MOT plan}
Traffic control
Permit acquisition
Permit cost
Project engineer
Principal Engineer
Clerical
U
1 @ $300.00 $300.00
4 @ $350.00 $1,400.00
4 hours ®$50.00/hr $200.00
Lump Sum $250.00
4 locations ~ $50.00/each $200.00
2 hours ~ $85.OOIhour $170.00
1 C~ $150.00 $150.00
4 hours C~3 $85.00 $340.00
1 hour ~ $110.00 $110.00
2 hours ~ $30.00/hour $60.00
We can begin this work within approximately ane week of receiving written authorization. The
fieid work should take one day to complete. The test report should be available within
approximately one to two days after the field work is complete.
Thank you far providing us the opportunity to present this proposal. We look forward to working
with you on this and future projects.
Sincerely,
NUTTING ENGINEERS OF FLORIDA, INC.
Scott Ersland
Division Manager
James J. Fiaig, P.E.
Principal/Chief Engineer
Reports nd invoices will be addres d to the client as listed below unless #her instructions are
provid in writing with this a cuted proposal. The undersign as an authorized
repre ntative of the entity listed elow, approves this proposal and a ees to be bound by th
term and conditions contained i this proposal. We note that our ter are net thirty days. A
inv Ices over thirty days will be ssessed a 1 1/2 percent service ch rge. It you are a first ti e
cl' nt, we request that the fe for these services be paid at the me the report is deliv ed.
nce your account is establi ed, we will bill you on an invoice ba Is.
Nutting
E Engineers
' of Florida Inc I Established 1967 2
SIGNATURE:\
PRINT NAME:
COMPANY Nf
ADDRESS:-
PHON
DATE:
FAX:
Specific Terms and Conditions
For the purpose o! this protect, the addressee of thi sal wN! be known as the Client. The cl' nt is expected to furnish NUTTING ENGINEERS OF
FLORIDA, fNC. ("NLr177NG"1, with accurate inf Lion including sketch Of survey and/ site plan. construction drawings/specilkarbns as
appropriate, details of proposed construction fnekxfing proposed structural system and ar existing construction problem infwmatron and site
aceessfbifify information as appropriate. Other informa requirements may be detailed the enclosed proposal !F ANY COND1T10NS CHANGE
such as buik#rrg layou-. loading, projed specffrcatkms/d or unusual site conditions re observed, NUTTING should i7B notlRed immediafety in
wilting about the d4anged conWtlon for ptuslble review a meet.
Delivery -Scheduled upon receipt of written authorization t roceed and deposit ntess other artangements are agreed to in writing. Additional
report copies can be provided for a nominal tee to the Client- UTTING will axe approprate measures to ensure projed completion within a
reasonable time frame subject to existing workloads. However, N ING wit not held responsible for unavailabiity of necessary projed data and
site access wittun the lime frame agreed upon for the Invest[gatlon. jest dative may be delayed it the ENTIRE signed proposal and deposk are not
received in a timely manner. The ENTIRE signed quotation should return long with the requested project inlomtation. This unsigned proposal
is valid Eor 6D days.
Payment • No deposit required with signed agreement. Balance due On delivery of repoA. Interest al the rate of 18% per annum from 30 days
after date of invoice to date payment is n:ceived will be added to all am not paid within 30 days alter date of invoice. In the event that any law
Umiting the amount of irnerest or other charges permitted to be COllede i rated so That this charge vitiates such law for any reason, the interest
charge is hereby reduced Io the extent necessary to eliminate such Ialbn. I attorney lees and expenses associated with COtteclion of past due
invoices will be paid b1' Giant.
Genera arms and C dltEons
Insurance -NUTTING mairnains Workers' Compensation and playeds Liability surance in conformance wish slate law. !n addiUOn, we maintain
Comprehensive General LEabiity Insurance and Automobile U rlEly Insurance wdh ly injury limits of $1,000,000.00 and property damage limits of
S1,000,000.00. A cerlilECate of Insurance can be supplied evi dng such coverage k:h contains a clause providing that filteen days written notice
be given prier to cancellation.
Right-af•Entry -Unless otherwise agreed, Client wDl fumi right-ol-entry on the prop or NUTTING to make the planned borings, surveys, and/or
explorations. NUTTING wiU no! be responsible for rem ng lances, earth berms, vegela nor other obstructions for purposes of our investigation.
NUTTING wiN take reasonable precautions to minimiz damage to the property caused equipment and sampling procedures, but the cost of
restoration or damage which may result from the plan operaUarts Is not included in the c clad amount. {f Client desires to restore the properly
to its former condil'wn, NUTTING vnTl accomp~ish this d add the cost to Its fee.
Damage to Ezlsting Man-made Objects • it shat the responsibility of the Owner or his du authorized representative to disclose the preserx~e
and accurate tocaUon ti all hidden or obscure n-made objects relative to routes of access. field tests, sampling, or boring IocaGorts. When
cautioned, advised or given data in writing That cal the presence or potarnfal presence of undergr nil orover-ground obstructions, such as uGl0les.
septic tanks, etc., NUTTING will give spatial i Ifuctions to its field personnel. NUTTING may requ special measures to be employed al possble
additional cost for drilling operations within twenty foot lateral distance to poweilines. As eviden by your acceptance of this proposal, Giant
agrees to Indemnify and save hemtless N ING from all claims, suits, losses, personal injuries, d and property Ilabiky resulting from unusual
subsurlace conditions or damages to s unlace structures, owned by Client or third parties, occuril in the peilormartce of the proposed work,
whose presence and exact locations war not revealed to NUTTING in wilting, and to reimburse NUTTI or expenses in cannadion with arty such
claims or suits, including reasonable al ey's fees. Nutting will endeavor to utilize nom~al care En acoessin drilling bcations put assumes no Ilablllty
for damage to the lawn, Iandscaping, rinklers or other subsurface objects that occurs in the normal course o ur work.
Warranty and Limitation o1 L1abt1 y • NUTTING shall perform services for CUent In a professional manna using that degree of care and skill
ordinailly exerdsed by and consis nt wHh the standards of campetenl consultants practicing En the same or a 'miler locality as the project. In the
event any porllon al the service fails to comply with this warranty obligation and NUTTING is promptly nolifie in writing prior to one year after
completion of such portion d 1 services, NUTTING wit re-perfomt such portion of the services, or H re-peilorm is impracticable, NUTTING will
refund the amount of compen lion paid to NUTTING for such portion of the services.
This warranty Is in lieu of other warcantles. DIO other warcanty, expressed or implied, including warranl'res of m hantability and fitness for a
particular purpose Es mad or intended by the proposal for txmsuUing services, by lumishing an oral response of t e lindings made or by arty
represenlatiens made re ing the services included in this agreement. !n no event shall NUTTING or any of its profess al employees be liable for
arty special, indirect, I enrol or consequential loss or damages, 'rrduding but not limned to impact and delay claims. Th emedies sat lorlh herein
are exclusive and the liability of cortsuhant whether in contract, torl (irx'luding negligence whether sole or concurtentJ, o Uterwtse arising oui ol,
connected with or ufting from the services provided pursuant to this Agreement shall not exceed the total lees paid Client or S50.000.00,
whichever is great At addfUonal cost, Cllenl may obtain a higher Ibnll prior ro commerxremenl of services.
For services i 'ng or relating to ptilulion, it is furiher agreed that the Client shall indemnify and hold harmless NUTTING a their consultants.
agents and oyees from and against ail claims, damages, bsses and expenses, direct and indirect or consequential damag including but not
of FlorEda Intl Established 1967
~~
v
limited to fees and charges of alto ys
claims against NUTTING arising [ro h
related lo, or are based upon, the dispo
any other material, irritant, contaminant
Nutting is to bo supplied with current, a
timely manner. Nulling Is not resoo
responsiblitty for accuracy, validity or co
responsible for construction site safety.
should not be used or relied upon for t
Notting's performance of the Work shall
date of Notting's last invoice for the W
Sampling ar Tasting Location • Unles
professional land surveying of the site
or shown on our sketches are based o
dimensions, depths or elevations should
are accessible to conventional truck mounted tlrfliing equipment unless
terrain equipment is required addiilonal charges wits apply. NUTTING wdl
land surface (BLS). Arty ulditiesJobstructions present al diets spedfied test to
Sample Handling and Retention -Generally soil test samples are ret~
unless written instructions to the contrary are received from the client.
Joint and Several Liability -The concept of joint and several Iiabiliry is
for causing injury or damage, arty one of the parties may be made to
applied to hazardous mateda
wholly responsible for dame
exposed to such an action, be
.any claim against NUTTING,
applicatlon of a joint and sev
condition or pennittfrtg one to
any such claim, with such co
of direct project coats.
Legal JuHsdictlon • The pa
competent judsd~lfon boated
Force Majaure -NUTTING sh
or falure is caused by fire. f
subcontreotors, carriers, client
Documents • NUTTING shall
conditions different Irom those
NUTTING reserves the right t
project become available. AU
liability for consequences of in
examined by NUTTING in
writing on the address po
NOTTING'S reports for po
states in vrriling.
is projects, it is possible that the coot t of joint a several Itebdrty could be construed
gas created directly or indirectly by 1 hazardous mat als. Client agrees that it would
cause NUTTING had nothing who ver to do with the ealion of the hazardous conditio
and agrees to defend, indemnit nd save NUTTING her ass from any claim or liatrility
era! liability concept that woo , in any manner, hold or to twld NUTTING responsi
exist. Client also agrees to mpensate NUTTING for any dm pent and expenses incurs
mpensation to be based u n NUTTING's prevailing fee schedule nd expense reimburse
rties agree Ihal any cdons brought to enforce arty provision oft ' Agreement shall
in Palm Beach Co ty Forida.
aii not be held r ponsible for arty delay or failure in penom-ance of an rt of this Agree
food, explosion r, strike, embargo, government requirement, civil or mill ry authority,
or other si causes beyond Its control.
he enUtl o ray upon the accuracy and completeness of all surveys, reports intomta
descri in our report are found at the slle, NUTTING should be notified in wri immed
o revi conciusions and recommendations presented in the final report should ad 'anal i
per will be obtained by others uNess otherwise specified in Ibis proposal or in wddng U
[ ation not provided or unavaUable or otherwise not reviewed or known Irom the no
InvestlgaUons within the time trams allowed for this Investigation under This agreement.
of our report, design team professbnals engaged by our client and building official slail a
ses of the current project. Other panles are rwi authorized to use or rely upon NUTTING'S
NE-
Conditions, 5 1t
CH2M Mill Package C exfil prop/SFlc
Nutting
E Engineers
of Florida Inc. (Established 1967
and court and arbitration casts, arising out of ar resulting Irom the performance
e work of others. This IndemniUcation provision extends to Gaims against NU
1, discharge, escape, release or saturalbn of vapors, fumes, acids, alkalis, to
0 ollutant in or Into the atmosphere or on, onto, upon, in or Into the surface
ppk ble and approved project plans and speclf~aUons and any appr wri
nsible the "means or methods" of construction on structural in ion p
de comp' nce of cantrecl documents nor for any dakns related to " id" or in
Nutting E ' ears work is not intended to be used for environm tat or con!
base purposes loss otherwise explicitly stated by Nursing in wri ' g. Any and all
be deemed W h e atx:rued and the applicable statutes of li lions shall tom
ork performod hereu t.
s specilirally stated the contrary, the unit tees includ m this proposal do not
or the accurate horfzo I and vertical bcations of test . Fleld tests or boring lot
n specific information lu bed to us by others a or estimates made in the li
be considered as approxt lions unless othe a stated in the report. It is
include costs associated with
adons descnbed in our report
eld by our tecTrnictans. Such
understood that ail driUing locations
tied the client. If unsdteduted remobaizations or use of portable a all
e utibies al our excavalionrlest locations by manual dolling to 3' below
ow 3' BLS will be the responsdry'ily of the tiers!.
approximately three months alter which time they will be discardetl
d as follows: When two ar more parties are considered responsiblo
pensal'an for es much as 100% of the damages assessed. When
meet policy relative to recovery
to make NUTTING partly or
be unfair for NUTTING to be
n. Accordingly, Client waives
for injury or loss arising from
ble for creating a hazardous
ed by NUTTING in defense of
only be brought in a court of
men! to the extent such delay
acts of God, act or omission of
don furnished by the Clfenl. It
lately upon discovery.
ntormation regarding the
TTING. NUTTING has no
sources customarily
he diem, entities idenlilied in
re titled to use and rely upon
r rls unless NUTT{NG so
subsurface.
Uen modifications thereto in a
door air quality. Nutting is not
eminent related evaluation and
causes of action arising out of
manta to run not later Ihen the
of a work by NUTTING, or
G which arise out of, are
chemicals, ilquitls, gases or
rojects. Nutting accepts no
Terms and