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