HomeMy Public PortalAbout1994-09 Williams, Hatfield and Stoner, Inc contract re Holiday Colony stormwater drainage improvement projectRESOLUTION NO. 94-9
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE
VILLAGE WITH WILLIAMS, HATFIELD & STONER, INC.,
MIAMI, FLORIDA, FOR PROFESSIONAL SERVICES
RELATING TO THE HOLIDAY COLONY STORMWATER
DRAINAGE IMPROVEMENT PROJECT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village Council supports stormwater improvements
for the Holiday Colony area; and
WHEREAS, the Village of Key Biscayne has been awarded a
$750,000.00 grant, from the United States Department of Commerce,
Economic Development Administration, for the implementation of a
stormwater drainage project to service the Holiday Colony
Subdivision; and
WHEREAS, Williams, Hatfield & Stoner, Inc., Miami, Florida, has
submitted the attached agreement to perform certain professional
services in conjunction with the preparation of the project;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE AS FOLLOWS:
Section 1. That The Village Manager is hereby authorized to
execute the attached agreement on behalf of the Village with
Williams, Hatfield & Stoner, Inc., Miami, Florida, for professional
services relating to the Holiday Colony stormwater drainage
improvement project.
Section 2. This resolution shall take effect immediately upon
adoption.
Page 1 of 2
PASSED AND ADOPTED this 8th day of March , 1994.
MA R JOHN F. FESTA
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
Page 2 of 2
VILLAGE OF KEY BISCAYNE
FOR
PROFESSIONAL SERVICES
STORMWATER PLANS AND SPECIFICATIONS FOR
HOLIDAY COLONY AREA AND OTHER AREAS
THIS AGREEMENT, made and entered into this day of
1994, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") and
WILLIAMS, HATFIELD & STONER, INC., a Florida corporation, (the "CONSULTANT').
RECITALS:
The VILLAGE wants to engage the CONSULTANT to perform certain professional services
in conjunction with the preparation of Stormwater Plans and Specifications for Holiday
Colony Area and Other Areas (the Project). The CONSULTANT wants to provide such
services.
In consideration of the mutual covenants set forth in this Agreement, the parties agree as
follows:
1. Scope of Services
The CONSULTANT agrees to provide services in conjunction with the Project more
specifically described in Exhibit "A" attached and made a part of upon the written
authorization of the Village Manager to do so.
2. Fees for Services
The CONSULTANT agrees to charge the VILLAGE, and the VILLAGE agrees to pay
the CONSULTANT for services as shown in Exhibit "A".
Fee shall be due and payable monthly. The amount due shall be that part of the
assignment performed by the CONSULTANT during the proceeding months.
3. Term
The term of this Agreement shall be two years unless earlier terminated pursuant to
paragraph 8 or extended by written amendment to this Agreement.
4111.AGR/030494
4. General Terms and Conditions
All original sketches, tracings, drawings, computations, details, design calculations,
work papers and other documents and plans that result from the CONSULTANT
providing services shall herein be the property of the VILLAGE. Upon termination
of this Agreement, or upon request of the VILLAGE during the term of this
Agreement, any and all such documents shall be delivered to the VILLAGE by the
CONSULTANT.
5. Insurance
The CONSULTANT shall at all times carry the following insurance at the stated
minimum amounts:
Professional Liability
Workers Compensation
Public Liability and Property Damage
Automotive Liability and Property Damage
$ 1,000,000.00
500,000.00
1,000,000.00
1,000,000.00
The VILLAGE shall be named as an additional insured on all of the above insurance
policies. Each insurance policy shall state that it is not cancelable without written
notice to the VILLAGE 30 days prior to the effective date of said cancellation.
6. Assignment
This Agreement shall not be assignable by the CONSULTANT.
7. Prohibition Against Contingent Fees
The CONSULTANT warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the CONSULTANT, to
solicit or secure this Agreement, and that it has not paid or agreed to pay any
person(s), company, corporation, individual or firm, other than a bona fide employee
working solely for the CONSULTANT any fee, commission, percentage, gift or any
other consideration, contingent upon or resulting from the award or making of this
Agreement.
4111.AGR/030494
8. Termination
This Agreement may be terminated by the VILLAGE upon ten days written notice
with or without cause and by the CONSULTANT upon 45 days written notice with
or without cause. If this Agreement is terminated, the CONSULTANT shall be paid
for all acceptable work performed up to the date of termination.
9. Nonexclusive Agreement
The services to be provided by the CONSULTANT pursuant to this Agreement shall
be nonexclusive and nothing herein shall preclude the VILLAGE from engaging other
firms to perform the same or similar services for the benefit of the VILLAGE within
the VILLAGE's sole and absolute discretion.
10. Entire Agreement
The parties hereby agree that this is the entire agreement between the parties. This
Agreement cannot be amended or modified without the express written consent of
the parties.
11. Additional Services
Additional Services shall be authorized by the VILLAGE in writing in advance and
paid for on a time charge basis at the hourly rates set in Exhibit "B" attached and
made a part of this Agreement.
12. Warranties of CONSULTANT
The CONSULTANT hereby warrants and represents that all times during the term
of this Agreement it shall maintain in good standing all required licenses,
certifications and permits required under Federal, State and local laws necessary to
perform the specified services. All work to be performed by CONSULTANT under
this Agreement shall be diligently performed in a professional, businesslike manner.
13. Attorneys Fees
In connection with any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover reasonable attorneys fees and costs.
4111.AGR/030494
14. Notices
All notices and communications to the VILLAGE shall be in writing and shall be
deemed to have been properly given if transmitted by registered or certified mail or
hand delivery. All notices and communications shall be effective upon receipt.
Notices shall be address as follows:
VILLAGE:
With a copy to:
CONSULTANT:
15. Governing Law
C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
Ph: (305) 365-5511
Fax: (305) 365-5556
Richard Jay Weiss, Esquire
Village Attorney
Weiss Serota & Helfman, P.A.
2665 South Bayshore Drive, Suite 204
Miami, Florida 33133
Ph: (305) 854-0800
Anthony A. Nolan
President
Williams, Hatfield & Stoner, Inc.
3191 Coral Way, Suite 804
Miami, Florida 33145
Ph: (305) 448-4429
Fax: (305) 448-8681
This Agreement shall be construed in accordance with the laws of the State of
Florida.
16. Indemnification
The CONSULTANT shall, at all times hereafter, indemnify and hold harmless the
VILLAGE, its agents, servant and employees from and against any claim demand or
cause of action of any kind or nature (including reasonable attorney fees) arising out
of negligent act, error or omission of CONSULTANT, its agents, servants, or
employees in the performance of services under this Agreement.
4111 AG R/030494
The VILLAGE shall indemnify and save harmless and defend the CONSULTANT,
its agents, servants and employees from and against any claim, demand or cause of
action of whatsoever kind or nature arising out of negligent act, error or omission of
the VILLAGE, its agents, servants, or employees in the performance of services under
this Agreement, only to the extent permitted by law.
17. Relationship of Parties
Nothing contained in this Agreement shall be deemed or construed to create the
relationship of principal and agent or of partnership or of joint venture or of any
association whatsoever between CONSULTANT and VILLAGE, it being expressly
understood and agreed that the relationship created by this Agreement is that of an
independent contractor.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this
Agreement upon the terms and conditions above stated on the day and year first above
written
CONSULTANT: VILLAGE:
Williams, Hatfield & Stoner, Inc.
3191 Coral Way, Suite 804
Miami, Florida 33145
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
By: By:
Anthony A. Nolan C. Samuel Kissinger
President Village Manager
Attest: Attest:
4111AGR/030494
EXHIBIT "A"
Scope of Services
Village of Key Biscayne
Stormwater Plans and Specifications for
Holiday Colony Area and Other Areas
The purpose of this Project is for Williams, Hatfield & Stoner, Inc. (CONSULTANT) to
provide contract documents with bidding and construction phase services to the Village of
Key Biscayne (VILLAGE) for the construction of the Holiday Colony Area and Other Areas
Stormwater Improvements.
Scope of Services
Task 1 Background Data:
After written authorization to proceed, the CONSULTANT shall:
1.1 Obtain survey information from VILLAGE Engineers
1.2 Provide a base map on Autocad 12 for the drainage plans based on this survey
information.
1.3 Obtain record drawings for existing sewer, existing water lines and existing outfall as-
builts from VILLAGE as supplied in Task 7 and represent these underground utilities
and outfalls on the drainage plans. The best available information will be shown on
the plans. Field verification of existing utilities, if required, will be -the responsibility
of the VILLAGE.
1.4 Advise the VILLAGE as to the necessity of VILLAGE's providing or obtaining from
others or services of the types described in Task 7, and assist the VILLAGE in
obtaining such data and services.
Deliverables #1:
• Two blueline copies of base maps with topographic information, known
utilities, and cross section elevations plotted.
Exhibit A - 1
Task 2 - Drainage Plans and Specifications for Holiday Colony Area
After the base maps have been prepared, the CONSULTANT shall:
2.1 Prepare the Contract Documents and Final Drawings showing the scope, extent and
character of the stormwater work to be performed and furnished by Contractor.
Specifications will be prepared, where appropriate, in general conformance with the
sixteen division format of the Construction Specifications Institute. Contract
Documents will include a notice for Contractor to fill out and send to the
homeowners during construction on their individual street.
CONSULTANT will prepare the following:
Drainage Layout/Key Sheet/General Notes
Drainage Plan Sheets at 1" = 40' Scale
Drainage Profile Sheets at 1" = 40' Scale
Drainage Construction Details
Drainage Well Details
Maintenance of Traffic Details
Pavement Restoration Details
2.2 Prepare, on a "one-time only" basis, necessary permit applications to the appropriate
governmental agencies. Percolation tests will be required for the drainage design and
will be provided by others. Provide technical criteria, written descriptions and design
data for VILLAGE's use in filing applications for DERM drainage and outfall
permits for the final design of the Project, and assist VILLAGE, as necessary, in
consultations with regulatory agencies having jurisdiction over this Project.
2.3 Prepare an opinion of probable Construction Cost and advise VILLAGE of any
adjustments to Total Project Costs known to CONSULTANT as a result of changes
in scope, extent or character, or design requirements of the Project.
2.4 If requested, prepare for review and approval by VILLAGE, its legal counsel and
other advisors, contract agreement forms, general conditions and supplementary
conditions, bid forms, invitations to bid and instructions to bidders and assist in the
preparation of other related documents.
2.5 Prepare one copy of a brochure/notice to homeowners describing the Project, the
construction process and estimated time frames. VILLAGE will make copies and
distribute to homeowners.
2.6 Meet with homeowners three times. The first would be prior to construction, toward
the end of the design phase. A second time would be during construction and a third
time would be after construction.
Exhibit A - 2
2.7 Prepare Grant Compliance information during project design and bidding phase.
2.8 Review NPDES Permitting for VILLAGE projects provided under Task 7.
2.9 CONSULTANT's services under this Phase will be considered complete at the earlier
of (1) the date when the submittals have been accepted by VILLAGE or (2) thirty
days after the date when such submittals are delivered to VILLAGE for final
acceptance.
Deliverables #2:
• Furnish three (3) sets of the above Construction Plans and specifications to
and review with VILLAGE.
Task 3 - Bidding and Negotiating Phase
After acceptance by VILLAGE of the CONSULTANTs Drawings, Specifications and other
Final Design Phase documentation (including the most recent opinion of probable
Construction Cost), and upon written authorization to proceed, CONSULTANT shall:
3.1 Assist VILLAGE in obtaining bids for the contract for construction services. The
VILLAGE shall prepare and send the advertisement for Bidding. The CONSULTANT
shall print the Plans & Specifications, receive and process deposits for Bidding
Documents.
3.2 Issue Addenda as appropriate to clarify, correct or change the Bidding Documents.
3.3 Consult with VILLAGE as to the acceptability of subcontractors, suppliers and other
persons and entities proposed by Contractor for those portions of the work as to
which such acceptability is required by the Bidding Documents.
3.4 Attend the bid opening and assist VILLAGE in evaluating bids or proposals. The
VILLAGE shall prepare the bid tabulation sheets.
3.5 The Bidding or Negotiating Phase will terminate and the services to be performed
or furnished thereunder will be considered complete upon commencement of the
Construction Phase or upon cessation of negotiations with prospective Contractors.
Exhibit A - 3
Task 4 - Drawings and Specifications for Other Areas
When requested, the CONSULTANT shall:
4.1 Prepare Drainage Plans and Specifications for other drainage areas as designated by
the VILLAGE. This task will include the same items as in Task 2 above.
4.2 Additional services to this Task 4 would be the subject of an addendum to this
Agreement.
Task 5 - Construction Phase
During the Construction Phase:
5.1 General Administration of Construction Contract. CONSULTANT shall consult with
and advise VILLAGE and act as VILLAGE's representatives as provided in the
Standard General Conditions. The extent and limitations of the duties,
responsibilities and authority of CONSULTANT as assigned in said Standard General
Conditions of the Construction Contract of the Standard Engineers Joint Contract
Document Committee (EJCDC) shall not be modified except as CONSULTANT may
otherwise agree in writing. All of VILLAGE's instructions to Contractor will be
issued through CONSULTANT who shall have authority to act on behalf of
VILLAGE in dealings with Contractor to the extent provided in this Agreement and
said Standard General Conditions except as otherwise provided in writing.
5.2 Visits to Site and Observation of Construction. In connection with observations of
the work of Contractor while it is in progress:
5.2.1 CONSULTANT shall make visits to the site at intervals appropriate to the
various stages of construction as CONSULTANT deems necessary in order to
observe as an experienced and qualified design professional the progress and
quality of the various aspects of Contractor's work. In addition,
CONSULTANT shall provide the services of a Resident Project
Representative at the site to assist CONSULTANT and to provide more
continuous observations of such work. The furnishing of such Resident
Project Representative services will not extend CONSULTANT's
responsibilities or authority beyond the specific limits set forth elsewhere in
this Task. Such visits and observations by CONSULTANT and the Resident
Project Representative are not intended to be exhaustive or to extend to every
aspect of the work in progress, or to involve detailed inspections of the work
beyond the responsibilities specifically assigned to CONSULTANT in this
Agreement and the Contract Documents, but rather are to he limited to spot
checking, selective sampling and similar methods of general observation of the
work based on CONSULTANT's exercise of professional judgement as assisted
by the Resident Project Representative. Based on information obtained
Exhibit A - 4
during such visits and such observations, CONSULTANT shall endeavor to
determine in general if such work is proceeding in accordance with the
Contract Documents and CONSULTANT shall keep VILLAGE informed of
the progress of the work. The responsibilities of CONSULTANT contained
in this paragraph are expressly subject to the limitations set forth in paragraph
4.2.2 and other express or general limitations in this Agreement and
elsewhere.
5.2.2 The purpose of CONSULTANT's visits to and representation by the Resident
Project Representative at the site will be to enable CONSULTANT to better
carry out the duties and responsibilities assigned to and undertaken by
CONSULTANT during the Construction Phase, and, in addition, by the
exercise of CONSULTANTs efforts as an experienced and qualified design
professional, to provide for VILLAGE a greater degree of confidence that the
completed work of Contractor will conform in general to the Contract
Documents and that the integrity of the design concept of the completed
Project as a functioning whole as indicated in the Contract Documents has
been implemented and preserved by Contractor. On the other hand,
CONSULTANT shall not, during such visits or as a result of such observations
of Contractor's work in progress, supervise, direct or have control over
Contractor's work nor shall CONSULTANT have authority over or
responsibility for the means, methods, techniques, sequences or procedures of
construction selected by Contractor, for safety precautions and programs
incident to the work of Contractor or for any failure of Contractor to comply
with laws, rules, regulations, ordinances, codes or orders applicable to
Contractor's furnishing and performing the work. Accordingly,
CONSULTANT neither guarantees the performance of any Contractor nor
assumes responsibility for any Contractor's failure to furnish and perform its
work in accordance with the Contract Documents.
5.3 Defective Work. During such visits and on the basis of such observations,
CONSULTANT shall have authority to disapprove of or reject Contractor's work
while it is in progress if CONSULTANT believes that such work will not produce a
completed Project that conforms generally to the Contract Documents or that it will
prejudice the integrity of the design concept of the completed Project as a
functioning whole as indicated in the Contract Documents.
5.4 Clarifications and Interpretations; Field Orders. CONSULTANT shall issue necessary
clarifications and interpretations of the Contract Documents as appropriate to the
orderly completion of the work. Such clarifications and interpretations will be
consistent with the intent of and reasonably inferable from the Contract Documents.
CONSULTANT may issue Field Orders authorizing minor variations from the
requirements of the Contract Documents.
Exhibit A - 5
5.5 Change Orders and Work Change Directives. CONSULTANT shall recommend
Change Orders and Work Change Directives to VILLAGE as appropriate, and shall
prepare Change Orders and Work Change Directives as required.
5.6 Shop Drawings. CONSULTANT shall review and approve (or take other appropriate
action in respect of) Shop Drawings and Samples and other data which Contractor
is required to submit, but only for conformance with the information given in the
Contract Documents and compatibility with the design concept of the completed
Project as a functioning whole as indicated in the Contract Documents. Such reviews
and approvals or other actions will not extend to means, methods, techniques,
sequences or procedures of construction or to safety precautions and programs
incident thereto.
5.7 Substitutes. CONSULTANT shall evaluate and determine the acceptability of
substitute or "or -equal" materials and equipment proposed by Contractor.
5.8 Inspections and Tests. CONSULTANT may require special inspections or tests of the
work, and shall receive and review all certificates of inspections, tests and approvals
required by laws, rules, regulations, ordinances, codes, orders or the Contract
Documents. CONSULTANTS review of such certificates will be for the purpose of
determining that the results certified indicate compliance with the Contract
Documents and will not constitute an independent evaluation that the content or
procedures of such inspections, tests or approvals comply with the requirements of
the Contract Documents. CONSULTANT shall be entitled to rely on the results of
such tests.
5.9 Disagreements between VILLAGE and Contractor. CONSULTANT shall render the
initial decisions on all claims of VILLAGE and Contractor relating to the
acceptability of the work or the interpretation of the requirements of the Contract
Documents pertaining to the execution and progress of the work. In rendering such
decisions, CONSULTANT shall be fair and not show partiality to VILLAGE or
Contractor and shall not be liable in connection with any decision rendered in good
faith in such capacity.
5.10 Applications for Payment. Based on CONSULTANTS on -site observations as an
experienced and qualified design professional and on review of Applications for
Payment and the accompanying data and schedules:
5.10.1 CONSULTANT shall determine the amounts that CONSULTANT
recommends Contractor be paid. Such recommendations of payment will be
in writing and will constitute CONSULTANT's representation to VILLAGE,
based on such observations and review, that, to the best of CONSULTANT'S
knowledge, information and belief, the work has progressed to the point
indicated, the quality of such work is generally in accordance with the
Contract Documents (subject to an evaluation of such work as a functioning
whole prior to or upon Substantial Completion, to the results of any
Exhibit A - 6
subsequent tests called for in the Contract Documents and to any other
qualifications stated in the recommendation), and the conditions precedent to
Contractor's being entitled to such payment appear to have been fulfilled in
so far as it is CONSULTANT's responsibility to observe the work. In the case
of unit price work, CONSULTANT's recommendations of payment will include
final determinations of quantities and classifications of such work (subject to
any subsequent adjustments allowed by the Contract Documents). The
responsibilities of CONSULTANT contained in this paragraph are expressly
subject to the limitations set forth in the following paragraph 5.10.2 and other
express or general limitations in this Agreement and elsewhere.
5.10.2 By recommending any payment CONSULTANT shall not thereby be deemed
to have represented that on -site observations made by CONSULTANT to
check the quality or quantity of Contractor's work as it is performed and
furnished have been exhaustive, extended to every aspect of the work in
progress, or involved detailed inspections of the work beyond the
responsibilities specifically assigned to CONSULTANT in this Agreement and
the Contract Documents. Neither CONSULTANT's review of Contractor's
work for the purposes of recommending payments nor CONSULTANT'S
recommendation of any payment (including final payment) will impose on
CONSULTANT responsibility to supervise, direct or control such work or for
the means, methods, techniques, sequences or procedures of construction or
safety precautions or programs incident thereto, or Contractor's compliance
with laws, rules, regulations, ordinances, codes or orders applicable to
Contractor's furnishing and performing the work. It will also not impose
responsibility on CONSULTANT to make any examination to ascertain how
or for what purposes Contractor has used the moneys paid on account of the
Contract Price, or to determine that title to any of the work, materials or
equipment has passed to VILLAGE free and clear of any liens, claims, security
interests or encumbrances or that there may not be other matters at issue
between VILLAGE and Contractor that might affect the amount that should
be paid.
5.11 Contractor's Completion Documents. CONSULTANT shall receive, review and
transmit to owner with written comments maintenance and operating instructions,
schedules, guarantees, Bonds, certificates or other evidence of insurance required by
the Contract Documents, certificates of inspection, tests and approvals, and marked -
up record documents (including Shop Drawings, Samples and other data approved
as provided under paragraph 5.6 and marked -up record Drawings) which are to be
assembled and prepared by Contractor in accordance with the Contract Documents
to obtain final payment. CONSULTANT's review of such documents will only be to
determine generally that their content complies with the requirements of, and in the
case of certificates of inspections, tests and approvals that the results certified
indicate compliance with, the Contract Documents. CONSULTANT shall provide
mylars to the Contractor for Contractor's preparation of record drawings.
Exhibit A - 7
5.12 Substantial Completion. Following notice from Contractor that Contractor considers
the entire work ready for its intended use, CONSULTANT and VILLAGE,
accompanied by Contractor, shall conduct an inspection to determine if the work is
substantially complete. If after considering any objections of VILLAGE,
CONSULTANT considers the work substantially complete, CONSULTANT shall
deliver a certificate of Substantial Completion to VILLAGE and Contractor.
5.13 Final Notice of Acceptability of the Work. CONSULTANT shall conduct a final
inspection to determine if the completed work of Contractor is acceptable so that
CONSULTANT may recommend, in writing, final payment to Contract.
Accompanying the recommendation for final payment, CONSULTANT shall also
provide a notice in the form that the work is acceptable (subject to the provisions of
paragraph 5.10.2) to the best of CONSULTANT's knowledge, information and belief
and based on the extent of the services performed and furnished by CONSULTANT
under this Agreement.
5.14 Limitation of Responsibilities. CONSULTANT shall not be responsible for the acts
or omissions of any Contractor, or for any subcontractor, any supplier, or of any
other person or organization performing or furnishing any of the work.
CONSULTANT shall not be responsible for Contractor's failure to perform or furnish
the work in accordance with the Contract Documents.
5.15 Duration of Construction Phase. The Construction Phase will commence with the
execution of the construction contract for the Project or any part thereof and will
terminate upon written recommendation by CONSULTANT of final payment. If the
Project involves more than one prime contract, Construction Phase services may be
rendered at different times in respect of separate prime contracts.
5.16 Weekly Reports. CONSULTANT will provide weekly reports or construction updates
to one local newspaper during the construction phase. VILLAGE will provide
newspaper contact person and facsimile number for transmitting information.
5.17 Monthly Council Meetings. CONSULTANT will attend monthly Council meetings
and present a progress report of project construction to the Council.
5.18 Grant Requirements. CONSULTANT will provide grant information as requested
by the VILLAGE or Federal Government and provide documentation for grant
completion.
Exhibit A-8
Task 6 - Additional Services
If authorized in advance by VILLAGE, CONSULTANT shall furnish or obtain from others
Additional Services of the types listed in paragraphs 6.1 through 6.14, inclusive. These
services are not included as part of Basic Services and will be cause for additional
compensation to the CONSULTANT. Additional fees are to be negotiated and paid for on
a time charge basis at the rate set in Exhibit "B."
6.1 Preparation of applications and supporting documents (in addition to those furnished
under Basic Services) for private or governmental grants, loans or advances in
connection with the Project; preparation or review of environmental assessments and
impact statements; review and evaluation of the effect on the design requirements
of the Project of any such statements and documents prepared by others; and
assistance in obtaining approvals of authorities having jurisdiction over the
anticipated environmental impact of the Project.
6.2 Services to make measured drawings of or to investigate existing conditions or
facilities, or to verify the accuracy of drawings or other information furnished by
VILLAGE.
6.3 Services resulting from significant changes in the general scope, extent or character
of the Project or its design including, but not limited to, changes in size, complexity,
VILLAGE's schedule, character of construction or method of financing, and revising
previously accepted studies, reports, design documents or Contract Documents when
such revisions are required by changes in laws, rules, regulations, ordinances, codes
or orders enacted subsequent to the preparation of such studies, reports or
documents, or are due to any other causes beyond CONSULTANT's control.
6.4 Providing renderings or models for VILLAGE's use.
6.5 Preparing documents for alternate bids requested by VILLAGE for Contractor(s)'
work which is not executed or documents for out -of -sequence work.
6.6 Investigations and studies involving, but not limited to, detailed consideration of
operations, maintenance and overhead expenses; providing value engineering during
the course of design; the preparation of feasibility studies, cash flow and economic
evaluations rate schedules and appraisals; assistance in obtaining financing for the
Project; evaluating processes available for licensing and assisting VILLAGE in
obtaining process licensing; detailed quantity surveys of material, equipment and
labor; and audits or inventories required in connection with construction performed
by VILLAGE.
6.7 Furnishing services of independent professional associates and consultants for other
than Basic Services (which include, but are not limited to, customary civil, structural,
mechanical and electrical engineering and customary architectural design incidental
thereto).
Exhibit A - 9
6.8 CONSULTANT has been required to prepare Contract Documents on the
assumption that one prime contract with three phases will be awarded for
construction, materials and equipment. If more than one prime contract is awarded
for construction, materials and equipment for the Project, services attributable to the
preparation of additional contract documentation that was rendered unusable and
any revisions or additions to contract documentation used that was necessitated by
the award of additional contracts.
6.9 Services during out-of-town travel required of CONSULTANT other than visits to the
site or VILLAGE's office.
6.10 Assistance in connection with bid protests, rebidding or renegotiating contracts for
construction, materials, equipment or services.
6.11 Providing any type of property survey or related engineering services needed for the
transfer of interests in real property and field surveys for design purposes and
engineering surveys and staking to enable Contractor(s) to proceed with their work;
and providing other special field surveys.
6.12 Preparation of operating, maintaining and staffing manuals.
6.13 Preparing to serve or serving as a consultant or witness for VILLAGE in any
litigation, arbitration or other legal or administrative proceeding involving the Project
(except for assistance in consultants which is included as part of Basic Services under
paragraph 2.4).
6.14 Additional servicesin connection with the Project, including services which are to be
furnished by VILLAGE, and services not otherwise provided for in this Agreement.
Task 7 - VILLAGE'S Responsibilities
VILLAGE shall do the following in a timely manner as not to delay the services of the
CONSULTANT.
7.1 Provide the topographic survey and cross section elevations for this project.
7.2 Provide as -built records of existing water and sewer utilities, including previous
reports and other data relative to the design or construction of the Project and
provide personnel to assist Miami Dade Water Sewer Authority Department
(WASA) research and compile as -built records.
7.3 Provide copies of existing permitted outfall structures on record with DERM.
Provide personnel to assist DERM's Water Control Division research, compile and
photocopy the existing as -built records.
Exhibit A - 10
7.4 Furnish the CONSULTANT, as required, data prepared by or services of others,
including limitations borings, probings and subsurface explorations, hydrographic
surveys, laboratory tests and inspections of samples, materials and equipment.
7.5 Bear all costs incident to compliance with the permitting fees for this Project.
Schedule of Work
The various tasks shall be completed in accordance with the following table. CONSULTANT
shall make every effort to complete the work outlined in the Scope of Services within these
timeframes. Task 1 shall begin after receipt of VILLAGE -supplied "as -built" information
detailed in Task 7.
Tasks
Description
Calendar
Days
Cumulative
Days
1
Background Data/
Base Map
30
45
2
Drainage Plans and Specifications
Holiday Colony
45
75
3
Bidding / Negotiations
45
120
4
Drainage Plans and Specifications
Other Areas
* *
* *
5
Construction / Engineering
(Budget Only)
150
270
Exhibit A - 11
WHS. INC MIAMI
13054488681 P.02
Compensation
Services to be performed during this assignment shall be invoiced in accordance with
paragraph 2 of the Agreement for Professional Services. The following amounts shall be
billed based upon the percentage of each task completed through the date of the invoice.
Task 5 Construction Phase Services is a budget figure and is a not -to -exceed figure without
written authorization.
v
' Task 1
-
$ 3,000
Task 2
23,000
Task 3
2,000
Total Lump Sum Fee
$ 28,000
Task 4 - Time Charges -
Budget Only - See Exhibit B
"'
Task 5 - Time Charges -
Upset Limit - See Exhibit B
35,000
Total Fee
WHS Budget
$ 63,000
Task 4 - Schedule and Compensation shall be developed when the scope areas are
defined. Task 4 timeframe is independent of the Holiday Colony areas.
Exhibit A • 12
Exhibit B
WILLIAMS, HATFIELD & STONER, INC.
Consulting Engineers • Planners • Surveyors
SCHEDULE OF HOURLY RATES AND OTHER CHARGES
RATES EFFECTIVE DECEMBER 27, 1993
HOURLY RATES FOR PERSONNEL
1. Professionals
Engineers (E), Land Surveyors (L), Planners (P), CPA (C)
a. Grade 1 = 50.00/Hr.
b. Grade 2 = 55.00/Hr.
c. Grade 3 = 60.00/Hr.
d. Grade 4 = 70.00/Hr.
e. Grade 5 = 80.00/Hr.
f. Grade 6 = 90.00/Hr.
g. Grade 7 = 100.00/Hr.
h. Grade 8 = 120.00/Hr.
i. Grade 9 = 140.00/Hr.
2. Engineering Technicians
a. Grade 1 = 40.00/Hr.
b. Grade 2 = 45.00/Hr.
c. Grade 3 = 50.00/Hr.
d. Grade 4 = 60.00/Hr.
e. Grade 5 = 70.00/Hr.
3. Drafters
a. Grade 1 = 30.00/Hr.
b. Grade 2 = 40.00/Hr.
c. Grade 3 = 50.00/Hr.
d. Grade 4 = 55.00/Hr.
4. Resident Project Representatives
a. Grade 1 = 40.00/Hr.
b. Grade 2 = 45.00/Hr.
c. Grade 3 = 55.00/Hr.
d. Grade 4 = 65.00/Hr.
e. Grade 5 = 75.00/Hr.
5. Field Survey Parties
a. 2 -Man Party = 80.00/Hr.
b. 3 -Man Party = 95.00/Hr.
c. 4 -Man Party = 110.00/Hr.
6. Word Processing
a. Operator - Grade 1 = 30.00/Hr.
b. Operator - Grade 2 = 40.00/Hr.
This schedule is reviewed annually.
Exhibit B - 1
Exhibit B
SCHEDULE OF HOURLY RATES AND OTHER CHARGES
EFFECTIVE DECEMBER 28, 1992
OTHER CHARGES
1. Expert Witness Services
a. "On -Call" Time at Courtroom and Testimony
2. Transportation and Travel
a. Transportation Fares, Lodging and Subsistence
b. Automobile Mileage
3. Reproductions
a. Blueline (In -House)
b. Sepia Prints
c. Mylar Reproducibles
d. Vacuum Printing
e. Xerox (Standard) Copies
f. Xerox (2080 Copier) Prints - Bond or Vellum
g. Reproducibles (Outside Service)
4. Recording and Permits Fees
5. Services of Outside Consultants
(Electrical/Mechanical Engineering, Environmental Consultants
Engineering Testing Laboratories, Photogrammetry, Title and
Abstracting Services and Other Outside Consulting Services)
6.
7.
Special Field Supplies
Electronic Survey Equipment
a. Modular Survey System (Total Station)
8. Computer Aided Design/Drafting (CADD)
a. Computer Design Systems
b. Computer Drafting Systems
c. Geographic Information System (GIS)
9. Delivery and Courier Services
10. Telecommunication Services
11. Document Processing Services
*
Based on 2 foot width times length of stock used.
= $200.00/Hr.
(Min. Chg. 4 Hrs./Day)
= Cost Plus 10%
= $.30 Per Mile
= $ 0.20/Sq. Ft.
_ $ 0.50/Sq. Ft.
= $ 2.00/Sq. Ft.
= $ 2.00/Sq. Ft.
= $ 0.10/Sheet/Side
_ $ 1.50/Sq. Ft.*
= Cost Plus 10%
= Cost Plus 10%
= Cost Plus 10%
= At Cost
= $10.00/Hr.
$10.00/Hr. **
$20.00/Hr. **
$25.00/Hr. **
Cost Plus 10%
$1.50/Direct Hour
$2.00/Direct Hour
Per hour of actual computer use. Charge includes in-house software library necessary
for system operation but does not include operator.
Exhibit B - 2