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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. 1 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. 2 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. 3 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. 4 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 5 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