HomeMy Public PortalAbout2011 Agreement re Stormwater Rate StudyDATE:
Project No. (To Be Assigned)
BURTON & ASSOCIATES, INC.
CONTRACT FOR PROFESSIONAL SERVICES
Title: FY 2011 Professional Services — Stormwater Rate Study
This Agreement, made and entered into on the date last executed below, by and between BURTON & ASSOCIATES, INC. and
THE VILLAGE OF KEY BISCAYNE, FLORIDA, hereinafter called "CLIENT", is for the services described under item 2 of
this Agreement.
BURTON & ASSOCIATES, INC.
CLIENT
Contact: Mr. Michael E. Burton, President
Address: 200 Business Park Circle, Suite 101
St. Augustine, Florida 32095
Phone No. (904) 247-0787
Contact: Ms. Ana de Varona, Special Projects Coordinator
Address: Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, FL 33149
Phone No. (305) 365-7574
1. PROJECT: General Nature of Project — Assist the Village in evaluating under and over collections of stormwater fees and
in determining a plan to correct the under/over collections retrospectively going forward.
2. SCOPE OF SERVICES: Description of services to be performed by BURTON & ASSOCIATES, INC. - Work on a
time and expenses basis in reviewing the Village's analysis of under and over collections of stormwater fees and assist in
developing a plan to correct the situation retrospectively and going forward. Adjust the projected stormwater revenues
accordingly and the amount of annual rate increase required to reflect the above adjustment and the potential alternative
financing term of 30 years for the upcoming borrowing as determined by the Village's Financial Advisor. (Detailed Scope
of Services presented in Attachment A)
3. TIME OF COMPLETION: Services called for herein shall be completed no later than 60 days from receipt of a notice
to proceed unless otherwise extended by the agreement of both parties.
4. COMPENSATION: The compensation to be paid BURTON & ASSOCIATES, INC. for providing the services called
for herein shall be (if additional pages are necessary, they are identified as Attachment B):
A. A Lump -Sum charge of $
x B. Unit Cost/Time Charges in Attachment B plus reimbursable expenses not to exceed $ 7,634 .
5. DURATION: This Agreement shall remain in effect until completion of the project unless terminated as provided herein,
or extended by mutual agreement in writing.
IN WITNESS WHEREOF, this Agreement is accepted on the date last written below, subject to the terms and conditions above
stated and the provisions set forth o the following pages.
For CLIENT: For BURTON & ASSOCIATES, INC.:
SIGNED: -
TYPED NAME:
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TITLE: YI��Q�- Wtnacjcl'
kbruury N, Wit
SIGNED:
TYPED NAME: Michael E. Burton
TITLE: President
DATE: February 14, 2011
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6. UNIT COST TIME CHARGES AND REIMBURSABLE EXPENSES: Unit cost time charges are defined as hourly
rates specified in Attachment B. Reimbursable costs include out-of-pocket expenses, the cost of which shall be charged at
actual cost, up to any limit imposed by the CLIENT.
7. INVOICE PROCEDURE: BURTON & ASSOCIATES, INC. shall submit monthly invoices to CLIENT requesting
payment for work accomplished during each calendar month. Payment of invoices will be made by CLIENT within 30
days of receipt of invoice. Invoices for lump sum contracts will represent percentage work completed during each calendar
month.
8. INSURANCE: BURTON & ASSOCIATES, INC. shall procure and maintain throughout the term of this Agreement the
following insurance with the limits set forth herein, and shall, upon executing this Agreement, provide to CLIENT a
certificate(s) of insurance evidencing same, and showing CLIENT as an additional insured:
A. Worker's Compensation Insurance as required by law.
B. Unless otherwise provided for herein, Comprehensive General Liability Insurance including contractual liability and
liability arising out of the use of automobiles with the following limits:
(1) Bodily Injury Liability Insurance with limits of $100,000 per person and $300,000 per occurrence;
(2) Property Damage Liability Insurance with a limit of $50,000 per occurrence.
C. Unless otherwise provided for herein, Errors and Omissions Liability Insurance with a limit of $1,000,000 per claim
and aggregate.
9. TERMINATION: This Agreement may be terminated by either party by seven (7) days written notice in the event of
substantial failure to perform in accordance with the terms herein by the other party through no fault of the terminating
party. If this Agreement is so terminated, CLIENT shall pay BURTON & ASSOCIATES, INC. compensation for work
satisfactorily completed up to date of termination.
CLIENT may terminate this agreement for convenience, or suspend the work called for herein for any business reason. In
the event of such termination or suspension, CLIENT shall pay BURTON & ASSOCIATES, 1NC. for the work
accomplished up to the date of termination or suspension.
10. ENTIRETY OF AGREEMENT: This writing embodies the entire agreement and understanding between the parties
hereto, and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof
that are not merged herein and superseded hereby. No alteration, change or modification of the terms of the Agreement
shall be valid unless made in writing, signed by both parties hereto.
ADDENDA (if required)
ATTACHMENT A - Scope of Services (if required)
ATTACHMENT B — Hourly Billing Rates (if required)
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ATTACHMENT A - SCOPE OF SERVICES
Village of Key Biscayne
Stormwater Rate Study
Project Work Plan & Cost Estimate Schedule
BURTON & ASSOCIATES
PROJECT TASKS
Hourly rate->
ESTIMATED MAN-HOURS
Total
Project Prindpal
Project Director
Project
Consultant
5205
5185
S115
Task 1 Review analysis of under and over collection of stormwater fees.
1.1 Conduct preliminary review of the Village's analysis of under and over collection of stormwater fees.
1
4
0
5
1.2 Meet with Village staff to review the analysis.
3
3
0
6
1.3 Conduct follow-up analysis as required.
1
2
0
3
Task 2 Make adjustments to the stormwater revenue forecast.
2.1 Make adjustments to the stormwater revenue forecast and rate adjustment plan to include current and
projected stormwater revenues with adjustments for under and over collections
1
2
0
3
2.2 Make adjustments to the stormwater revenue forecast and rate adjustment plan to reflect debt service
on the upcoming borrowing based upon a 30 year term as provided by the Village's Financial Advisor.
1
2
0
3
2.3 Conduct an interactive work session with Village staff to review the adjustments.
3
3
0
6
Task 3 Prepare and a Technical Memorandum to reflect the results of the analysis.
3.1 Prepare Draft Technical Memorandum TM).
0.5
2
0
2.5
3.2 Review Draft TM with Village staff.
1
1
0
2
3.3 Prepare Final TM.
0.5
1
0
1.5
3.4 Present TM to Village Council.
2
2
0
4
TOTAL ESTIMATED MAN-HOURS
14
22
0
36
TOTAL ESTIMATED CONSULTING FEE
$2,870
$4,070
$0
$6,940
ESTIMATED EXPENSES 10%
$694
TOTAL ESTIMATED COST
$7,634
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ATTACHMENT B - HOURLY BILLING RATES
The hourly billing rates authorized under this Professional Services Agreement are as are follows:
Principal -in -Charge $205 per hour
Project Director $185 per hour
Consultant $115 per hour
Clerical $ 40 per hour