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HomeMy Public PortalAbout1993 Stormwater Master Plan.tifVILLAGE OF KEY BISCAYNE FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this W4 day of , 1993, by and between the VILLAGE OF KEY BISCAYNE (the "VILLAGE") nd 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 a VILLAGE wide Storm Water Master Plan, (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 a VILLAGE, and the VILLAGE agrees hereof, to pay the CONSULTANT, for the services provided in Exhibit "A" the lump sum fee of $64,548.00. Fees shall be due and payable monthly. The amount due shall be that part of the assignment performed by the CONSULTANT during the proceeding month. 3225AGR/41693 1 3. TERM The term of this Agreement shall be one year unless earlier terminated pursuant to paragraph 8 or extended by written amendment to this Agreement. 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 $1,000,000.00 Workers Compensation 500,000.00 Public Liability and Property Damage 1,000,000.00 Automotive Liability and Property Damage 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. 3225.AGR/41693 2 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. 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. 12. 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. 13. 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 addressed as follows: 3225AGR/41693 3 Village: With a copy to: Consultant: 14. GOVERNING LAW C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Richard Jay Weiss, Esq. Village Attorney Weiss Serota & Helfman, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 Anthony A. Nolan President Williams, Hatfield & Stoner, Inc. 3191 Coral Way Suite 804 Miami, Florida 33145 This Agreement shall be construed in accordance with the laws of the State of Florida. 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: Williams, Hatfield & Stoner, 3191 Coral Way, Suite 804 Miami, Florid. 33145 By: resident Attest: an, g, -,,/' //IL_ 3225.AGR/41693 4 VILLAGE: VILLAGE OF KEY BISCAYNE 85 West McIntyre Street Key Biscayne, Florida 33149 By: C. Samuel Kissin Village Manager Attest: EXHIBIT "A" SCOPE OF SERVICES STORM WATER MASTER PLAN TASK 1: DATA ACQUISITION 1.1 The Village shall provide the following existing information/data which Williams, Hatfield & Stoner, Inc. (WHS) may rely upon to perform its services: a. Definition of the Study Area boundaries. b. All existing reports relative to the Study Area. c. Meteorological and tidal records. d. Existing and currently proposed drainage systems within the Study Area. e. Copies of all recorded plats and record drawings of existing paving and drainage improvements for developed properties within the Study Area. f. Aerial photography of the Study Area. g. Documentation and location of past flood events in order of severity . h. County, South Florida Water Management District (SFWMD) and the Florida Department of Transportation (FDOT) drainage atlases. i. Rules and regulation (local, state and federal) pertinent to the Study Area. j. Subsurface boring logs that may exist in the Village files. 1.2 WHS shall review and assimilate the information/data provided by the Village and shall provide the following additional data: a. Data on subsurface conditions which may affect the design of proposed stormwater systems and/or pretreatment facilities. b. Conduct a topographic survey to record existing elevations along the centerline of roadways at street intersections and at a maximum of 200' intervals between points of intersection. c. Field locate and establish grate and invert elevations of public drainage structures within the Study Area. 3225AGR/41693 5 d. Delineate drainage boundaries within the Study Area and develop a Preliminary Drainage Boundary Map at a scale of 1"= 200' and plot elevations, watershed boundaries and existing stormwater systems on this map. e. Develop hydrologic and hydraulic parameters such as time of concentration, soil storage and roughness coefficients, etc. f. Review rainfall frequencies, volumes and distribution data from SFWMD records furnished in Task 1.1 above. TASK 2: PRELIMINARY EVALUATION OF ALTERNATIVES 2.1 Review applicable rules and regulations from federal, state and local agencies having jurisdiction and prepare a list of goals with cross references to appropriate requirements and protection from storms of varying recurrence intervals to use in evaluating alternatives. The statement of goals will incorporate the concept of levels of service (LOS) to describe pre and post -implementation conditions and criteria for identification, ranking and prioritization of problem areas and proposed improvements. 2.2 Prepare preliminary cost estimates for the various alternatives. 2.3 Prepare an interim engineering report describing the design alternatives evaluated and setting forth recommendations based on the goals set forth above. 2.4 Present the draft Engineering Report to the Village Council at a public hearing. Provide 10 copies of the report and exhibits. TASK 3: COMPREHENSIVE DESIGN ALTERNATIVES ANALYSIS WHS, as directed by the Village under Task 2, will prepare preparation of preliminary layout drawings of the selected alternative. 3.1 The preliminary layout drawings will be the basis for the development of the Stormwater Management Plan, showing the approximate location of the proposed stormwater structures, interconnecting piping, pretreatment and disposal facilities, if any. The layout and location of the proposed facilities will be shown on a copy of the Preliminary Drainage Boundary Map prepared under Task 1. 3225.AGR/41693 6 3.2 Preliminary design sketches of any proposed disposal facilities. TASK 4: FINAL ENGINEERING REPORT WHS shall prepare an Engineering Report containing, but not limited, to the following. 4.1 An Executive Summary. 4.2 A summary of all gathered data as acquired under Task 1. 4.3 The Preliminary Stormwater Management Plan prepared under Task 3. 4.4 Discussion of the issues addressed by the interim engineering report prepared under Task 2, with particular references to program goals achieved through the implementation of the recommended system. 4.5 An itemized opinion of cost of the proposed stormwater system. 4.6 Suggested funding alternatives and phased implementation if appropriate that will be consistent with a prioritized list of problem areas provided by the Village. Present the Final Engineering Report and undated Preliminary Stormwater Management Plan to the Village Council at a public hearing. Provide 20 copies of the Engineering Report and Stormwater Management Plan. COMPLETION All work authorized herein shall be completed in ninety days from the Village furnishing WHS the materials listed in Task 1.1 above. 3225AGR/41693 7