HomeMy Public PortalAbout1993 Stormwater Improvements, Phases I, II and III.tifRESOLUTION NO. 93-48
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;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council supports Village -wide Stormwater
Improvements; and
WHEREAS, Williams, Hatfield & Stoner, Inc., Miami, Florida, has
submitted the attached agreement to perform certain professional
services in conjunction with the preparation of said project;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE AS FOLLOWS:
Section 1. 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.
Section 2. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this 12th day of October , 1993.
VICE MAYOR CLIFFORD BR
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
VI AGE ATTORNEY
VILLAGE OF KEY BISCAYNE
FOR
PROFESSIONAL SERVICES
STORMWATER IMPROVEMENTS, PHASES I, II AND III
THIS AGREEMENT, made and entered into this h5 1 -Li day of C)C / eiz__. ,
1993, 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 VILLAGE -wide Stormwater Improvements, Phases
I, II and III (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
spc,cifically 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.
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4072AGR/63P/100893
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.
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4072.AGR/53P/100893
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.
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4072 AG R/63P/100893
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.
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4072.AGR/63P/100893
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:
Williams, Hatfield & Stoner,
3191 Coral Way, Suite 804
Miami, Florida 33145
VILLAGE:
By. i�//// %`�-_ By:
t
President
Attest:
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
(4)
Z.. —
Attest:
d. Samuel Kissin er
Village Manager
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4072.AGR/63P/100893
EXHIBIT "A"
Scope of Services
Village of Key Biscayne
Stormwater Improvements, Phase I, II and III
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 (OWNER) for the construction of the Stormwater Improvements, Phase I, II
and III.
Scope of Services
Task 1 Surveying/Background Data:
After written authorization to proceed, the CONSULTANT shall:
1.1 Provide aerial targets for digital mapping.
1.2 Provide roadway cross sections at 200 feet on center in order to determine elevations
for drainage swales.
1.3 Coordinate with subconsultant to provide a digital base map on Autocad 12 for the
drainage plans.
1.4 Advise the OWNER as to the necessity of OWNER's providing or obtaining from
others or services of the types described in Task 6, and assist the OWNER in
obtaining such data and services.
Deliverables #1:
• Two blueline copies of base maps with topographic and cross section
elevations plotted.
Task 2 - Drainage Plans and Specifications
After the base maps have been prepared, the CONSULTANT shall:
2.1 On the basis of the accepted Stormwater Master Plan the modifications or changes
in the scope, extent, character or design requirements of the Project agreed upon by
OWNER and CONSULTANT, prepare for incorporation in the Contract Documents
final Drawings showing the scope, extent and character of the work to be performed
Exhibit A - 1
and furnished by Contractor and Specifications (which 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
CONSULTANT shall receive record drawings for existing sewer, existing water lines
and existing outfall as-builts from OWNER as supplied in Task 6 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 OWNER.
2.2 Prepare, on a "one-time only" basis, necessary permit applications to the appropriate
go .ernmental 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 OWNER's use in filing applications for DERM drainage and outfall permits
for the final design of the Project, and assist OWNER, as necessary, in consultations
with regulatory agencies having jurisdiction over this Project.
2.3 Advise OWNER of any adjustments to the opinion of probable Construction Cost and
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 OWNER, 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. OWNER will make copies and
distribute to homeowners.
Exhibit A - 2
2.6 CONSULTANT's services under this Phase will be considered complete at the earlier
of (1) the date when the submittals have been accepted by OWNER or (2) thirty days
after the date when such submittals are delivered to OWNER for final acceptance.
Deliverables #2:
• Furnish three (3) sets of the above Construction Plans and specifications to
and review with OWNER.
Task 3 - Bidding and Negotiating Phase
After acceptance by OWNER of the CONSULTANT's 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 OWNER in obtaining bids for the contract for construction services. The
OWNER 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 OWNER 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 OWNER in evaluating bids or proposals. The
OWNER 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.
Task 4 - Construction Phase
During the Construction Phase:
4.1 General Administration of Construction Contract. CONSULTANT shall consult with
and advise OWNER and act as OWNER'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 OWNER's instructions to Contractor will be issued through
CONSULTANT who shall have authority to act on behalf of OWNER in dealings
Exhibit A - 3
with Contractor to the extent provided in this Agreement and said Standard General
Conditions except as otherwise provided in writing.
4.2 Visits to Site and Observation of Construction. In connection with observations of
the work of Contractor while it is in progress:
4.2.1 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 be 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
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 OWNER 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.
4.2.2 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 CONSULTANT's efforts as an experienced and qualified design
professional, to provide for OWNER 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
Exhibit A - 4
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.
4.3 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.
4.4 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.
4.5 Change Orders and Work Change Directives. CONSULTANT shall recommend
Change Orders and Work Change Directives to OWNER as appropriate, and shall
prepare Change Orders and Work Change Directives as required.
4.6 Shop Drawings. CONSULTANT shali 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.
4.7 Substitutes. CONSULTANT shall evaluate and determine the acceptability of
substitute or "or -equal" materials and equipment proposed by Contractor.
4.8 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. CONSULTANT's 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.
Exhibit A - 5
4.9 Disagreements between OWNER and Contractor. CONSULTANT shall render the
initial decisions on all claims of OWNER 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 OWNER or Contractor and
shall not be liable in connection with any decision rendered in good faith in such
capacity.
4.10 Applications for Payment. Based on CONSULTANT's on -site observations as an
experienced and qualified design professional and on review of Applications for
Payment and the accompanying data and schedules:
4.10.1 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 OWNER,
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
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 4.10.2 and other
express or general limitations in this Agreement and elsewhere.
4.10.2 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
Exhibit A - 6
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 OWNER free and clear of any liens, claims, security
interests or encumbrances or that there may not be other matters at issue
between OWNER and Contractor that might affect the amount that should be
paid.
4.11 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 4.6 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.
4.12 Substantial Completion. Following notice from Contractor that Contractor considers
the entire work ready for its intended use, CONSULTANT and OWNER,
accompanied by Contractor, shall conduct an inspection to determine if the work is
substantially complete. If after considering any objections of OWNER,
CONSULTANT considers the work substantially complete, CONSULTANT shall
deliver a certificate of Substantial Completion to OWNER and Contractor.
4.13 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 4.10.2) 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.
4.14 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.
4.15 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
Exhibit A - 7
rendered at different times in respect of separate prime contracts.
4.16 Weekly Reports. CONSULTANT will provide weekly reports or construction updates
to one local newspaper during the construction phase. OWNER will provide
newspaper contact person and facsimile number for transmitting information.
4.17 Monthly Council Meetings. CONSULTANT will attend monthly Council meetings
and present a progress report of project construction to the Council.
Task 5 - Additional Services
If authorized in advance by OWNER, CONSULTANT shall furnish or obtain from others
Additional Services of the types listed in paragraphs 5.1 through 5.14, 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."
5.1 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.
5.2 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
OWNER.
5.3 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,
OWNER'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.
5.4 Providing renderings or models for OWNER's use.
5.5 Preparing documents for alternate bids requested by OWNER for Contractor(s)' work
which is not executed or documents for out -of -sequence work.
5.6 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
Exhibit A - 8
Project; evaluating processes available for licensing and assisting OWNER in
obtaining process licensing; detailed quantity surveys of material, equipment and
labor; and audits or inventories required in connection with construction performed
by OWNER.
5.7 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).
5.8 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.
5.9 Services during out-of-town travel required of CONSULTANT other than visits to the
site or OWNER's office.
5.10 Assistance in connection with bid protests, rebidding or renegotiating contracts for
construction, materials, equipment or services.
5.11 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.
5.12 Preparation of operating, maintaining and staffing manuals.
5.13 Preparing to serve or serving as a consultant or witness for OWNER 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 2.2).
5.14 Additional services in connection with the Project, including services which are to be
furnished by OWNER, and services not otherwise provided for in this Agreement.
Exhibit A - 9
Task 6 - OWNER'S Responsibilities
OWNER shall do the following in a timely manner as not to delay the services of the
CONSULTANT.
6.1 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.
6.2 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.
6.3 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.
6.4 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 OWNER -supplied "as -built" information
detailed in Task 6.
Tasks
Description
Calendar
Days
Cumulative
Days
1
Survey / Base Map
45
45
2
Drainage Plans
90
135
3
Bidding / Negotiations
45
180
4
Construction / Engineering
(Budget Only)
540
720
Exhibit A - 10
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 1
$ 43,000
Task 2
131,400
Task 3
9,100
Total Lump Sum Fee
$ 183,500
Task 4 - Time Charges -
403,000
Budget Only - See Exhibit B
Total Fee
$ 586,500
WHS Budget
Exhibit A - 11
Consulting Engineers • Planners • Surveyors
SCHEDULE OF HOURLY RATES AND OTHER CHARGES
RATES EFFECTIVE DECEMBER 28, 1992
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 = 143.00/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 = 70.00/Hr.
b. 3 -Man Party = 90.00/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
SCHEDULE OF HOURLY KATE'S 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.
b.
c.
d.
e.
f.
g.
Blueline (In -House)
Sepia Prints
Mylar Reproducibles
Vacuum Printing
Xerox (Standard) Copies
Xerox (2080 Copier) Prints - Bond or Vellum
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
*
**
= $200.00/Hr.
(Min. Chg. 4 Hrs./Day)
Cost Plus 10%
$.25 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 Professional Hour
$2.00/Direct Professional Hour
Based on 2 foot width times length of stock used.
Per hour of actual computer use. Charge includes in-house software library necessary
for system operation but does not include operator.
Exhibit B - 2