HomeMy Public PortalAbout2023-65 Authorizing to issue a work order to AECOM Technical Services, Inc for pre-design services relating to the K-8 School Stormwater Drainage Improvements ProjectRE S O L U T IO N N O . 2 0 2 3 -6 5
A RE S O L U T I O N O F T H E V IL L A G E C O U N C IL O F T H E
V IL L A G E O F K E Y B I S C A Y N E , F L O RI D A , A U T H O RI Z IN G
T H E V IL L A G E M A N A G E R T O IS S U E A W O RK O RD E R T O
A E C O M T E C H N IC A L S E R V IC E S , IN C . F O R P RE -D E S IG N
S E R V I C E S RE L A T IN G T O T H E K -8 S C H O O L
S T O RM W A T E R D RA IN A G E IM P R O V E M E N T S P R O J E C T
IN A N A M O U N T N O T T O E X C E E D $9 2 6 ,9 2 3 .6 0 ; A N D
P R O V ID IN G F O R A N E F F E C T IV E D A T E .
W H E RE A S , on October 9, 2019, the Village of Key Biscayne ("Village") issued Request
for Qualifications No. 2020-03 ("RFQ") for design criteria professional services for stormwater
utility and right-of-way improvements (the "Services"); and
WHEREAS, pursuant to the RFQ, the Village Council adopted Resolution No. 2020-10
on February 11, 2020, selecting AECOM Technical Services, Inc. (the "Consultant") to provide
the Services and authorizing the Village Manager to execute an agreement with Consultant; and
WHEREAS, the Village and the Consultant entered into a Professional Services
Agreement for the Services pursuant to the RFQ (the "Agreement"); and
WHEREAS, on July 26, 2022, the Village Council adopted Resolution No. 2022-32,
authorizing the issuance of a work order to the Consultant to provide the Services for the
development of a basis of design report (30% design) (the "Report") relating to the K-8 School
Stormwater Drainage Improvements Project (the "Project"); and
WHEREAS, based on the results of the Report, the Consultant has provided a proposal,
attached hereto as Exhibit "A" (the "Proposal"), to prepare pre-design documents necessary to
develop 30%-100% design of the Project; and
WHEREAS, the Village Council desires to authorize the Village Manager to issue a work
order for the Project consistent with the Proposal attached hereto as Exhibit "A" and the Agreement
in an amount not to exceed $926,923.60; and
WHEREAS, the V ill age C oun cil finds that this R esolution is in the best interest an d
w elfa re of the residents of the V ill age.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. T hat each of the above-stated recitals ar e hereby adopted,
confirm ed, an d incorp orated herein.
Section 2.
M an ager to issue a w ork order fo r the Project consistent w ith the Pro posal attached hereto as
E xh ibit "A " an d the A greem ent in an am oun t not to exceed $926,923.60.
Section 3.
adoption.
Authorization. That the V illage Council hereby authorizes the Vill age
Effective Date. That this R esolution shall be effective imm ediately upon
PASSED and ADOPTED this I 0th day of_~O~c=to~b=er~---~· 2023.
~=%{
JOE I. RA SCO, MAYOR
ATT EST:
~v cb, JOCEB.KO
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFF ICIENC
~J~
WEISS SEROTA HELFMAN COLE & BIERM AN, P.L.
VILLAGE ATT ORN EY
Page 2 of2
Village of Key Biscayne Stormwater Program
AECOM Work Order #3A
Zone 1 (K-8 Basin) Resiliency Improvements:
Pre-Design Services
Exhibit A: Scope of Services
Project Background
The Village of Key Biscayne (Village) is requesting AECOM Technical Serv ices, Inc. (AECOM ) to pro vide pre
design serv ices fo r resiliency im provem ents in Zone 1 (K-8 Basin). The pro fessional design and permitting
serv ices necessary to advance the pro ject fo llow ing com pletion of this W ork O rder w ill be provided under
a future W ork O rder (#38). O n February 8, 2022 , the Village Council appro ved AECOM 's recomm endations
fo r level of serv ic e, design storm, and sea level rise projection. The appro ved recom mendations include
the fo llow ing:
1. Level of Service: Keep roads passable fo r traffic.
a. Ponding depth: 0-0.5 feet
b. Ponding duration: 6-12 hours
c. Ponding location: Sw ales
2. Design Storm: 10 -year, 24-hour storm event (or 8 inches of rainfa ll w ithin 24 hours)
3. Sea Level Rise Projection: NOAA Interm ediate High
O n August 16, 2023, AECOM conducted a Stormw ater Drainage Assessm ent Results and K-8 30% Design
W orkshop w ith the Village M ayor and Councilm em bers. During this workshop, AECOM briefe d Council on
the pro posed Village-w ide drainage altern atives and Zone 1 (K-8 Basin) modeling scenarios. Follow ing the
workshop, Village staff directed AECO M to evaluate the potential modification of hydro logic and hydraulic
param eters used to generate the storm w ater models. This evaluation, w hich w ill be conducted under Task
0 of this W ork O rder, will be info rmed by meetings w ith the Village Mayor and Councilm em bers. Since
this effort m ay result in the modification of the previously appro ved/adopted level of service, the Village
im plem ented a tw o-phase approach fo r AECO M 's W ork Order #3:
1. Work Order #3A: Zone 1 (K-8 Basin) Pre-Design Services
2. Work Order #3B: Zone 1 (K-8 Basin) Design and Permitting Services
The fo llow ing tasks are proposed to be pro vided as part of W ork O rder #3A:
• Task O - M odified Village-w ide M odeling Altern atives
• Task 1- Pro ject M anagem ent
• Task 2 - Geotechnical Engineering Report
• Task 3 - Bathym etric/Topographic Surveying and Mapping
• Task 4- Subsurf ace Utility Investigation
• Task 5 - Contam ination Assessm ent
• Task 6 - Utility Coordination and Undergrounding Design
• Task 7 - Hydro logy and Hydraulics
• Task 8 - Environm ental Surv eys
AECOM - Septem ber 2023
Page 1 of 13
AECOM Imagine it.
Delivered.
AECOM
2 Alhambra Plaza, Suite 900
Coral Gables, Florida 33134
aecom.com
September 22, 2023
Roland I. Samimy, Ph.D.
Chief Resilience and Sustainability Officer
Village of Key Biscayne
88 West McIntyre Street
Key Biscayne, FL 33149
Village of Key Biscayne Stormwater Program
Zone 1 (K-8 Basin) Resiliency Improvements: Pre-Design Services
Dear Dr. Samimy:
This proposal constitutes AECOM's pre-design scope of services for the resiliency improvements in Zone 1
(K-8 Basin). AECOM assumes this work will be authorized per the terms and conditions of our Professional
Service Agreement dated June 4, 2020, as a result of the Request for Qualifications No. 202003.
Attached is Exhibit A (Scope of Services) and Exhibit B (Compensation) for your review and approval. We
are excited to be working with you on this very important project. Should you have any questions or need
any additional information concerning this scope and fee, please contact me or Erik M. Alcantara, PE, PMP,
ENV SP at 305-444-4691.
Sincerely,
Karen Brandon, PE
Associate Vice President, Principal Client Service Manager
AECOM
T h e Z o n e 1 (K -8 B a s in ) p ro je ct lim its are ill u strate d in th e fo llo w in g exh ib it:
- '.:t:a--,-.-,;_·,-, rrvi·.-,".'."-;;>r·~
n l'-0 0:,. .. ·1W 1s1.<:•~·•E-;.;
.::..•1;.,'.·:,;.•..1,·,
, . ~JI' 1:r ~· •1! ::-1;·- · ~
:.- .,. __ ~"' .-.,,.nl~,\:) ;-:lgi,r,
llP 0 l"·OlX:l ~-!'I '/•!d" ." .;;
This scope of services (Work Order #3A) includes the pre-design surveys and tasks needed as a foundation
for the detailed design of resiliency improvements in Zone 1 (K-8 Basin). The completion of these services
does not depend on a particular drainage scenario for Zone 1; for this reason, Village staff decided to
move forward with this work.
Future Work Order#3B will include detailed design and permitting of infrastructure improvements for the
following components within the K-8 drainage basin: roadways, streetscape/landscape, potable water,
sanitary sewer, stormwater drainage, and utility undergrounding. A proposed stormwater pump station
will be located at Harbor Park (between West McIntyre Drive and West Enid Drive), which will serve the
immediate area as well as areas adjacent to the site for future needs. The proposed pump station will
include a building structure that will house the equipment needed to serve the proposed pump station.
The street improvements may include green infrastructure and traffic calming and will be designed to the
Village's level of service requirements. Future improvements to Harbor Park will include the design of a
neighborhood level park with pedestrian connections and open green spaces developed around the
proposed pump station.
AECOM - September 2023
Page 2 of 13
Task O - M odified Village-w ide M odeling A lternatives
This task includes Village-wide modeling modifications for the following hydrologic parameters/inputs
(stormwater runoff generation):
1. Total Rainfall (7 inches vs. 8 inches)
2. Rainfall Distribution (NRCS vs. SFWMD)
3. Runoff Curve Number (Infiltration)
4. Sea Level Rise Target Year
This task includes Village-wide modeling modifications for the following hydraulic parameters/inputs
(movement of stormwater runoff):
1. Optimize Pipe Sizes and Pump Station Capacities (Based on Hydrologic Modifications)
2. Addition of Straight Pipe Easement in Zone 1
3. Addition of Straight Pipe Easement with No Velocity Dissipation in Zone 1
4. Addition of Dissipator Box Easement in Zone 1
5. Modification of Level of Service Metrics
6. Finished Floor Elevations (FEE) Evaluation
Based on the revised stormwater modeling and results, AECOM will update the Class 4 Opinion of
Probable Construction Cost, as classified by the American Association of Cost Engineering (AACE), for each
Zone. Per AACE criteria, a Class 4 Opinion of Probable Construction Cost is between 1% to 15% of project
completion and is anticipated to be within a range of -30% below and +50% above the actual cost of
construction. Additionally, AECOM will incorporate the modified alternatives and findings into the Village
wide Alternative Analysis Drainage Assessment report.
Deliverables:
Final Village-wide Alternative Analysis Drainage Assessment Report in PDF format
Task 1- Project Management
Effective project management is key to achieve success in any project; it includes project administration,
project review meetings with the Village staff, project kick-off meeting, and project deliverable quality
assurance and control (QA/QC) plan. The following services will be included:
1. General project administration, including project controls, team coordination, and timely
communication with Village staff. Also, AECOM will monitor progress of work on a weekly basis
for compliance with the established schedule, budget, and work quality requirements. In addition,
Village vendors and sub-consultant coordination is included in the project administration. A
project duration of 12 months was used to estimate the labor effort for this task.
2. Due to the many elements needed to be reviewed and planned for to produce the necessary
design and construction documents, monthly meetings are proposed to coordinate with Village
staff so that information is being conveyed to each party to deliver a successful project. Monthly
meetings will be held by conference call. AECOM will prepare meeting minutes and agendas for
all the meetings and submit them to the Village. A project duration of 12 months was used to
estimate the labor effort for this task.
AECOM - September 2023
Page 3 of 13
3. C o nducting a pro ject kick-off m eeting upon receipt of Notice to Pro ceed, AECO M w ill m eet w ith
V illag e staff to discuss the requirem ents and the info rm ation needed to deliver the pre-design
serv ic es.
A EC O M w ill prep are the agenda and the notes fo r the m eeting. The m inutes w ill be given to the Village
w ithin seven (7) days of the m eeting fo r review and com m ent. A ECO M w ill then address all co m m ents
fr o m the V illage and fi nalize the m eeting m inutes.
A EC O M w ill delive r the pro ject scope of w ork by leveraging our technical expert ise, w hile m aintaining our
pro ject de live ry .
Key understanding:
A ll m eetings w ill in cl ude a virtual consultation platfo rm using M ic ro soft Team s option fo r rem ote staff .
Deliverables:
1. Kickoff m e etin g notes
2. M o nthly Invoice and M o nthly Status Report
Task 2 - Geotechnical Engineering Report
A EC O M , thro ug h its geotechnical consultant, Geoso l, Inc., w ill provide the fo llow ing services:
The geo techn ical fi eld services w ill incl ude Standard Penetration Test (SPT) borings in accordance w ith
A STM D-158 6 . U p o n term inatio n of the borings, all ho les w ill be backfilled w ith grout to the ground surf ace
an d the site w ill be restored to its original co ndition. The geotechnic al field exploration and testing
program s shall incl u de the fo llow ing:
• Perf o rm site reconnaissance, locate and coordinate fo r existing utilities that m ay interfere w ith
the drilling operatio ns.
• A pp ly fo r a Right of W ay perm it fr om the V illage of Key Biscayne to perfo rm the soil borings.
• Pro vid e traff ic contro l in accordance w ith the Index 600 series of the FO OT Roadw ay and Traffic
D esig n Stan dards.
• Pe rf o rm a total of thirt een (13 ) Standard Penetration Test (SPT) borings on land to depths of 30
feet be lo w existing grades fo r the pro posed 60-inch RC P drainage trunkline at a general spaci ng
of ab out 50 0 feet center-to-center.
• Perf o rm a total of thirt een (13 ) SPT borings on land to depths of 15 feet below existing grades fo r
the pro posed ro adw ay reconstruction.
• Perf o rm a total of three (3) SPT borings on land to depths of 50 feet below existing grades fo r the
pro p o sed outfa lls and dissipator structures.
• Perf o rm a total of tw o (2) SPT borings on land to depths of 80 feet below existing grades fo r the
pro posed pum p statio n.
• M e asu re the gro undw ater levels at the test boring locations.
• Backfi ll the boreho les using cem ent grout m ix.
• A geotech nical engineer w ill visually exam ine all recovered soil and ro ck sam ples. The laboratory
testing w ill incl ude natural m oisture content, grain-size analysis, percent passing the #200 sieve,
organ ic content determ ination, Li m ero ck Bearing Ratio (LBR ) testing, Atterberg lim its testing, and
A ECO M - Septem ber 2023
Page 4 of 13
corrosio n series testing (pH, resistivity, sulfa tes, and chlorides). The tests w ill be conducted in
accordance w ith applicable A STM and FD OT standards.
U sing the results of the field exploration, Geosol will assess the geotechnical engineering im pact of the
su bsurf ace conditions on the planned construction and provide recom m endations fo r fo undation design
and related construction. A geotechnical engineering report of the findings and recom m endations will be
prepared, signed and sealed by a pro fessional engineer registered in the State of Florida. The report will
speci fi cally contain the fo llow ing info rm ation:
1. A plan of the site show ing the location of the test locations.
2. A brief review of our test pro cedures and the results of the testing conducted.
3. Estim ated subsurf ace profiles as necessary to illustrate subsurface conditions including
standard penetration resistance test data and gro undw ater levels.
4. A review of surf ace fe atures and site conditions that could affect construction and site
preparatio n.
5. General evaluation of the site considering the pro posed project and estim ated subsurface
co nditio ns.
6. Recom m endatio ns fo r site preparation and co nstruction of com pacted fills or backfills.
7. Results of laboratory testing.
8. A nticipatio n of groundw ater levels and methods fo r handling it during co nstruction.
9. Derivatio n of soil/ro ck param eters fo r the design of the proposed im provem ents.
10. Fo undatio n analysis and recom m endations fo r the proposed im provem ents.
11. Construction considerations.
Key understanding:
The V illage w ill be responsible fo r obtaining perm ission from landow ners fo r geotechnical exploration.
Deliverables:
G e otechnical Report in PDF fo rm at
Task 3 - Bathymetric/Topographic Survey and Mapping
3.1 Record Information of Stormwater System
A EC O M 's survey subconsultant, KCI Technologies, Inc. (KCI ), shall provide record info rmation
fo r the drainage system structures throughout the public right of way w ithin the area known
as the K-8 Basin, extending to the nearest intersection, covering approxim ately 20,000 linear
feet of road right-of-w ay. There are appro xim ately 360 structures per the Village GIS
data/V illage w ide Survey prepared by KCI This incl udes catch basins, curb inlets, manholes,
pollutio n contro l boxes, drainage wells, and pum p stations.
D raw ings of the existing storm w ater sew er gravity structures shall include:
• Identifi catio n num ber
• Structure type
• H o rizo ntal coordinates
• Rim elevation
• Pipe info rm atio n
AECOM - Septem ber 2023
Page 5 of 13
• M aterial
• Size
• D irection
• Invert elevation
• Bo ttom of structure elevation
The elevation and m aterial of the w all at the locatio n of the three identified existing outfa ll
pip es in H urricane Harbor w ill also be surv eyed.
3.2 Record Information for Sanitary Sewer System
KC I shall provide record info rm ation of the gravity sanitary sew er system structures
th ro ugho ut the public right of w ay w ithin the area know n as the K-8 Basin, extending to the
nearest intersectio n, covering approxim ately 20,000 linear feet of road right-of-w ay. There
are ap proxim ately 160 structures per the V illage G IS data/V illage W ide Surv ey prepared by
KC I. This incl udes m anholes and grease traps. Serv ices do not incl ude cleanouts, sew er
late rals, or any sanitary sew er fo rce m ains.
D raw ings of the existing gravity sanitary sew er structures shall incl ude:
• Id e ntifi cation num ber
• Structure type
• Ho rizontal coordinates
• Rim elevation
• Pipe info rm ation
• M aterial
• Size
• D irection
• Invert elevation
• Bo tt om of structure elevation
3.3 Bathymetric and Topographic Survey
KC I shall prepare a Topographic and Bathym etric Survey of an appro xim ate 4.5-acre port ion
of Hurric ane Harbor, as show n in the fo llow ing exhibit:
A ECO M - Septem ber 2023
Page 6 of 13
Elevations shall be relative to the Nort h Am eric an Vertical Datum of 1988 (NAVO '88).
Ho rizo ntal location w ill be relative to the North Am erican Datum of 1983, with a 2011
adjustm ent. Ho rizo ntal and vert ical position shall be established using Global Positioning
System (G PS) - Real Tim e Kinem atic (RTK), base-ro ver methods, using the Florida Department
of Transportation (FO OT), Florida Perm anent Reference Network (FPRN), applying the Geoid
I2b m o del; w ith an absolute accuracy of +/- 0.5 feet. Soundings w ill be taken with a dual
fr equency echosounder (Hydro lite-D XF).
Piles, docks, sea w alls, and other perm anent features within the specified area shall be located
only if accessible. KCI w ill not be obtaining elevations w here there are docks and boats
ancho red w ithin the surv ey lim its. KCI w ill, to its best ability, locate said features and obtain
record info rm atio n of the existing outfa ll structures (to include pipe size, direction, material,
and invert elevatio n). Tw o (2) Fifty-fo ot cro ss sections w ill be conducted, fo r each outfa ll, with
a separatio n of 10 ft betw een the tw o sections.
Key understanding:
The fo llow ing item s are not included as part of the Bathym etric/Topographic Surv ey and Mapping scope
of w ork.
• Boundary Surv ey
• Jurisdic tional W etlands Surv ey Docum ent Processing fo r Recordation Tree Survey
• Sketch and Legal D escription
• M ean High W ater Li ne Surv ey
• Title Review
• C onstruction Layout
• As-Built Survey
• Plat Preparation
• County Plat Review
• Plat Processing fo r Recordation
Deliverables:
Bathym etric and Topographic Surveys in PDF and CAD D fo rm at.
Task 4 - Subsurface Utility Investigation
4.1 Subsurface Utility Investigation (Utility Designation)
KC I w ill perfo rm Utility D esignation serv ices w ithin the pro ject lim its, being approximately 3.8
m iles of road right of w ay having approxim ately 4 different utilities to be designated (excluding
storm w ater and sanitary sew er, w hich is to be located and mapped under the Survey and Mapping
tasks). Serv ices w ill entail the utilization of geophysical equipm ent to designate and mark
traceable undergro und utilities to determ ine the approxim ate horizo ntal location of existing
utilities. Traceable utilities detected in the specified area w ill be marked on the surface with paint
and flags using geophysical equipm ent w hic h may include electro m agnetic and ground
penetrating radar (GPR) technologies. This w ork w ill be supplem ented by existing facility records
pro vided by the V illage or the fa ci lity ow ner prior to the start of the marking process. The
AECOM - Septem ber 2023
Page 7 of 13
com bination of the record info rm atio n and the use of the outlined appro ach and technology
create the greatest opport unity fo r the existing utilities to be designated w ithin the requested
w ork areas. M aterials such as PV C , HO PE, Transite, or Asbestos Cem ent pipes are not traceable
w ith electronic locators and require Gro und Penetrating Radar to detect subsurfa ce anom alies to
de signate and m ark. Gro und Penetrating Radar can be aff ected by the subsurf ace w ater table,
ve ry w et sandy conditions, or cl ay soils and m ay not be able to detect subsurf ace anom alies
ne ed e d to designate plastic or non-traceable utilities. The utilities designated and m arked
incl uding any utilities show n on records that could not be designated w ith electronic locators or
G ro un d Penetrating Radar w ill be depicted in the surv ey draw ings deliverable.
4.2 Vacuum Excavation
KCI w ill provide Vacuum Excavation serv ices w ithin the project lim its as specified by AECOM prior
to com m encem ent of w ork. This process w ill be do ne by using com pressed air to break up the soil
ab o ve existing utilities and then rem oving the soil w ith a 4" vacuum hose. These locations w ill be
se le cted by A EC O M to identify target utilities that require accurate depth m easurem ents prior to
the pro po sed construction. Test ho le report fo rm s w ill be provided, w hich indic ate the depth to
the top of utility, utility type, apparent size. and m aterial as w ell as a tie-in sketch fo r location
recove ry . Restoration of the site w ill incl ude com pacting the m aterial rem oved fr om the hole in
six-inch lift s. A ny paved surf ace w ill be repaired w ith cold patch asphalt, tam ped in place.
Key understanding:
The co st estim ate is based on 20 Test Ho les N o n-Paved and 30 Test Holes Paved w /Cold Patch. AECOM
w ill revisit this assum ption during the detailed design phase. If any additional Test Holes are required a
pro p o sal w ill be su bm itt ed fo r approval by the V illage prior to com m encem ent of any w ork.
Deliverables:
Su b su rf ace Utility Locates to be incl uded in the Topographic survey.
Task 5 - Contamination Assessment
A EC O M w ill perf o rm a desktop contam inatio n screening evaluation fo r the pro ject alignm ent to identify
areas of know n contam inatio n that could potentially im pact the design and/or construction of the project.
A EC O M w ill search the Flo rida D epart m ent of Enviro nm ental Protection's (FD EP) O culus Database and
M iam i-D ade C o un ty's D ivision of Enviro nm ental Resources M anagem ent's (D ERM ) Contam inated Sites
D atab ase fo r po tential contam inated sites w ithin 1,000 feet of the project site. The desktop screening w ill
incl ud e review of databases, such as petro leum sites, dry cl eaner sites, solid w aste fa cilities, and
Sup e rf un d sites. Screenings w ill fo cus prim arily on contam ination type, contam ination levels,
co ntam ination m ig ratio n pattern s and/or potential im pacts to the w ork areas or drill sites, w hich m ay
req u ire de w atering.
Deliverables:
C o ntam inatio n A ssessm ent Report in PD F fo rm at.
Task 6- Utility Coordination and Undergrounding Design
A EC O M w ill co ordinate w ith V illage personnel to coordinate transm ittals to Utility Com panies and meet
pro duction sche du les.
A ECO M - Septem ber 2023
Page 8 of 13
Expected Utilities:
3. AT&T
4. Comcast
5. Hotwire
6. Miami-Dade Water & Sewer Department (WASD)
7. Florida Power & Light (FPL)
AECOM shall identify utility facilities and secure agreements, utility work schedules, and plans from the
Utility Agency Owners (UAO). AECOM shall notify the Village when all utility negotiations have been
completed and arrangements have been made for utility work to be undertaken.
Task 6.1- Project Kickoff Meeting
Before any contact with the UAO(s), AECOM shall meet with the Village to receive guidance. AECOM shall
bring a copy of the design project work schedule reflecting utility activities. AECOM shall be prepared to
discuss the projects applied utility schedule logic and current UAO contact information.
Task 6.2 - Identify Existing Utility Agency Owner(s)
AECOM shall identify Utility Agency Owners (UAOs) in the corridor and within and adjacent to the project
limits that may be impacted by the project. Identification shall include the updated UAO contact
information. AECOM shall contact Sunshine 811, perform a field visit, and review prior FDOT/Miami-Dade
County/Village utility permits, reports, existing plans, and surveys provided.
Task 6.3 - Make Utility Contacts
First Contact (30%): AECOM shall send letters and plans to each Utility Agency Owner (UAO), and one set
to the Village Offices as required. Includes contact by phone for meeting coordination. Request type, size,
location, easements, and cost for relocation if reimbursement is claimed. Request the voltage level for
power lines in the project area. Send UAO requests for reimbursement to the Village. Include the meeting
schedule (if applicable) and the design schedule. Include typical meeting agenda. If scheduling a meeting,
give a 4-week notice.
Second Contact (60%): AECOM shall transmit Phase II plans and the utility conflict information (when
applicable and in the format requested by the Village) to each UAO having facilities located within the
project limits.
Third Contact (90/100%): Identify agreements and assemble packages. AECOM shall send agreements,
letters, the utility conflict information (when applicable and in the format requested by the Village) and
plans to the UAO(s). Include the design schedule.
Task 6.4- Individual/Field Meetings
AECOM shall meet with each UAO as necessary, separately (or together) throughout the project design
duration to provide guidance in the interpretation of plans, review changes to the plans and schedules,
standard or selective clearing and grubbing work, and assist in the development of the UAO(s)
marked/RGB plans and work schedules.
Task 6.5 - Collect and Review Plans and Data from UAO(s)
AECOM shall review UAOs marked plans and data individually as they are received and provide to the EOR
AECOM - September 2023
Page 9 of 13
(d esig ne r) fo r incl usion in the plans. Fo rw ard all requests fo r UA O reim bursem ent and supporting
do cum e ntatio n to the V illage.
Task 6.6 - Utility Design Meeting
A EC O M shall sche d u le (tim e and place), notify part icipants, and conduct a Utility D esign M eeting w ith all
aff ected U A O (s). A EC O M shall be prep ared to discuss im pacts to existing trees/vegetation and pro posed
lan d scap e, drainage, traff ic signalizatio n, and tem porary traff ic contro l plans (TT CP) (construction
phasing).
Task 6.7 - Review Utility Markups & Work Schedules and Processing of Schedules &
Agreements
A EC O M shall review utility m arked up plans and w ork schedules as they are received fo r content and
co o rd inate review w ith the designe r. Send colo r m arkups and schedules to the V illage fo r review and
co m m e nt if req u ired. Co ordinate w ith the V illage fo r execution. D istribute Executed Final D ocum ents.
Prep are W o rk O rde r fo r UA O (s).
Task 6.8- Utility Coordination/Follow-up
A EC O M shall pro vid e utility co ord inatio n and fo llow -up. This incl udes fo llow -up, interpreting plans, and
assisting the U A O s. In cl u d es pho ne calls, fa ce-to-fa ce m eetings, etc. A EC O M shall keep accurate m inutes
of all m eetings an d distrib ute a copy to all attendees.
Task 6.9- Utility Undergrounding Design
A EC O M w ill coord inate w ith FPL, AT&T, and C om cast to designate a utility corridor fo r their
un d e rgro u n d ing de sig n; the utility co rrido r w ill be coordinated w ith the A EC O M 's proposed underground
and ab o vegro u n d infr astructure desig n (ro adw ay, storm w ater drainage, potable w ater, sanitary sew er,
and streetscap e/lan d scap e im pro vem e nts). As part of this task, A EC O M w ill review and im plem ent the
ap p licab le desig n crite ria fr om the M aster Plan fo r U ndergro unding Utilities prepared by Kim ley-H o rn in
20 19 .
Deliverables:
U tility co o rd ination m e eting notes
Task 7 - Hydrology and Hydraulics
The objective of this task is perf orm an ce of hydraulic m odeling associated w ith final design confi guration
m o d ifi catio ns and op e ratio nal scenario testing. A EC O M w ill pro vide the hydraulic design calc ulatio ns fo r
the pro p o se d trunk lines, ro ad w ay drainage, pum p station, and identify the required dissipator structures.
The se calculatio ns w ill be incorporated into the Final D rainage Report and w ill be subm itt ed to relevant
regulato ry age ncies as a part of the perm it applicatio ns, w here applicable.
Roadway Hydrology-AECOM w ill prepare the fo llow ing:
• Permitting Criteria - The pro p osed drainage design w ill m eet w ater quality criteria and pre-post
sto rm w ate r discharge criteria as per the SFW M D and M iam i-D ade County D R ER . In add ition,
recent statew id e sto rm w ater rules regarding nutrient loadings w ill also be adhered to. A ny
encro achm e nt into the FEM A base flood elevation w ill be m itigated.
A EC O M - Septem ber 2023
Page 10 of 13
• D esign Criteria -The proposed drainage design will meet Miami-Dade County and Village of Key
Biscayne requirements regarding spread, flood protection, storm sewer design, and pipe design
service life are adhered to.
• Drainage Analysis - The Drainage analysis will focus on several key components as follows:
1) A mathematical model of the entire Basin will be created using the Interconnected Channel
and Pond Routing Model (ICPR) software by Streamline Technologies to determine and
describe the behavior of the basin during the 10-year, 24-hour and 100-year, 24-hour design
storms. The results will be used to check flood protection and discharge rates for adherence
to all applicable design criteria. The goal is to produce an all-in-one comprehensive ICPR
model which will include the pump station and all the inlets, pipes, manholes, and mainline
trunk lines within the entire basin.
2) Drainage Map Hydrology: The drainage areas will be analyzed using survey data, existing
plans, and the proposed roadway design to accurately describe and quantify the drainage
flow patterns. This analysis will be used in developing the ICPR drainage model which, in turn,
will be used to design a drainage system that will meet all applicable design criteria.
3) Floodplain Compensation: The existing encroachment in the FEMA 100-year floodplain will be
determined and it must be demonstrated that the proposed roadway and drainage design
does not reduce the storage below the 100-year floodplain elevation.
4) Design of Storm Drains: The developed ICPR model will be used to design all the inlets,
manholes, and storm drains which will provide for the required flood protection, not increase
any existing flood levels onto adjacent properties, and minimize impacts to existing trees and
underground utilities.
5) Optional Culvert Materials: The proposed storm sewers must be analyzed for susceptibility to
corrosion and designed so that the proposed systems remain viable during the system's
design service life.
6) Drainage Design Documentation: A Drainage Design Report will be produced in which all the
required design elements, assumptions, and results will be presented in such a way to satisfy
the SFWMD, DRER , Miami-Dade County, and Village of Key Biscayne requirements.
Deliverables:
Drainage Design Report
Task 8 - Environmental Surveys
Task 8.1- Marine Benthic Survey
Based on preliminary coordination with the National Oceanic and Atmospheric Administration National
Marine Fisheries Service (NMFS), the agency will only accept seagrass surveys in Biscayne Bay from June
1 to September 30 (growing season). As part of the Basis of Design Report (BOOR), AECOM conducted an
absence/presence in-water review on March 20, 2023 to determine the potential presence of protected
marine benthic resources (seagrass, coral, sponges, etc.). Based on the presence of nearby resources, a
10 0% cover marine benthic survey is required. Therefore, AECOM will prepare a project specific health
and safety plan for the benthic assessment field work, which will be conducted using SCUBA due to the
water depths being greater than six feet. The plan will be discussed with field staff prior to the field work
and retained onsite for the duration of the field activities.
AECOM - September 2023
Page 11 of 13
T he be nth ic survey/assessm ent w ill be perf orm ed by A EC O M scientists using SCU BA to identify and
ap p ro xim ately lo cate the extent of protected m arine benthic resources (such as seagrasses, corals, etc.)
lo cated at each of the three pro po sed discharge locatio ns (outfa lls at Biscayne Bay) fo r the sto rm w ater
outfa lls. The surv ey area enco m passes a fo otprint of appro xim ately 40 feet (along the seaw all) by 20 feet
(w aterw ard of the seaw all) fo r each of the three (3) outfa ll locations. The field w ork is expected to take
one (1 ) 10 -ho u r day (incl uding travel) to com plete using five (5) qualifi ed staff (tw o divers, safety diver,
data co lle cto r and boat captain) an d a vessel.
A tech n ical m e m oran d u m w ill be pro duced to docum ent the m eans/m ethods used and results of the
su rv ey. The m e m o randu m w ill also incl ude G IS m aps depicting observed protected reso urces w ithin each
su rv ey area an d rep rese ntative pho to graphs.
T his task also incl ud es up d ating the previously prepared Essential Fish Habitat (EF H ) Assessm ent and
M a rine Sp eci es Biolo gical Assessm ent (BA ) docum ents prepared fo r the BO O R . The docum ents w ill be
up d ated , as neede d, per the resu lts of the m arine benthic survey fo r subm itt al w ith the perm it application
packag es to the U SA C E, SFW M D and D R ER .
T a sk 8 .2 - U p la n d T ree an d Flo rida Bo n n e te d Bat Survey
T he pro p o sed project m ay like ly im pact upland trees and/or palm s w ithin the pro ject lim its. These trees
an d palm s w ill need to be identifi ed , characterized, and m apped fo r perm itting purposes. In addition, the
proje ct is w ith in the U S Fish and W ildlife Service (FW S) C onsultation A rea and Urban Bat A rea fo r the
Flo rid a bo nn e ted bat (F BB), a sp eci es protected under the Endangered Species A ct. This task incl udes tw o
10 -hr days w ith tw o A EC O M scie ntists to surv ey/assess the trees to be im pacted and to survey those trees
fo r the prese nce of FBB ro o sting habitat. A ppro xim ate tree/palm height, depth at breast height (dbh),
can o p y w idth, and overall conditio n data w ill be collected fo r each tree being aff ected and an FBB ro osting
hab itat visua l su rv ey w ill be con ducted fo r any tree m eeting the 2019 FW S FBB ro osting habitat guideline
th resh o lds. A n att em pt w ill be m ad e to investigate existing tree/palm cavities w ith a po le-m ounted scope.
If the tree/p alm cavity ope n ing is inaccessible fo r the scope, an em ergent or acoustic surv ey can be
co nd u cted . This task assum e s that all existing cavities w ill be accessible to scope view ing. If an em ergent
or aco ustic su rv ey is determ ine d to be required, the Village w ill be notifi ed and a supplem ental agreem ent
w ill be su b m itt ed by A EC O M to ad d ress this additional task, upon V illage appro val. The results of the
tree/p alm su rv ey w ill be tab u late d in table fo rm at and the trees/palm s to be im pacted w ill be m apped fo r
pe rm itt ing pu rpo ses. The FBB su rv ey results w ill be incl uded in a technic al m em o randum fo r subm itt al
w ith the env iro nm ental im p act perm it application packages to the SFW M D and the USA CE.
Key Understandings:
1. This sco p e do es no t incl ud e any m itigation fees. These fees cannot be determ ined at this tim e and
are th e responsibility of the cl ient.
2. Prep aration of a Seag rass M itigation Plan or other m itigation plan are not incl uded.
3. Prep aration of a C oral Re locatio n plan is not incl uded.
Deliverables:
1. Techn ical M em o ran du m
2. U p d ated EFH an d BA docum ents
3. FBB Su rvey T echn ic al M em o randum
4 . Tree/Palm su rv ey
A EC O M - Septem ber 2023
Page 12 of 13
G ene ral A ssum ptio ns
• Unless otherwise noted, deliverables will be digital in PDF format.
Schedule
All services shall be completed within 365 days of Notice to Proceed (NTP). This schedule is dependent
upon timely reviews and comments by the Village.
Task No. Task Description
Estimated Completion
from NTP
Task O Modified Village-wide Modeling Alternatives
Task 1 Project Management
Task 2 Geotechnical Engineering Report
Task 3 Bathymetric/Topographic Surveying and Mapping
Task 4 Subsurface Utility Investigation
Task 5 Contamination Assessment
Task 6 Utility Coordination and Undergrounding Design
Task 7 Hydrology and Hydraulics
Task g· Environmental Surveys
120 days
365 days
120 days
120 days
120 days
120 days
365 days
365 days
365 days
Compensation
This is a fixed price lump sum contract based on the Terms and Conditions approved under the
Professional Services Agreement between the Village of Key Biscayne and AECOM Technical Services, Inc.
effective on June 4, 2020. The proposed fixed lump sum contract fee is $926,923.60. Exhibit B represents
the breakdown of the tasks.
AECOM - September 2023
Page 13 of 13
AE C O M T ech n lcat S erv ices , Inc.
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Other Direct Subconsultant
EXHIBIT B - COMPENSATION Labor Fee Total Fee
Costs (ODC's) Fee
TaskO Modified Village-wide Modeling Alternatives $205,680.00 $4,113.60 $0 $209,793.60
Task 1 Project Management $47,800.00 $956.00 $0 $48,756.00
Task 2 Geotechnical Engineering Report $6,440.00 $128.80 $68,257.50 $74,826.30
Task3 Bathymetric/Topographic Survey and Mapping $13,410.00 $268.20 $123,775.00 $137,453.20
Task4 Subsurface Utility Investigation $9,660.00 $193.20 $162,870.00 $172,723.20
Task5 Contamination Assessment $12,290.00 $245.80 $0 $12,535.80
Task6 Utility Coordination and Undergrounding Design $109,755.00 $2,195.10 $0 $111,950.10
Task 7 Hydrology and Hydraulics $130,160.00 $2,603.20 $0 $132,763.20
Task8 Environmental Surveys $25,610.00 $512.20 $0 $26,122.20
TOTAL $560,805.00 $11,216.10 $354,902.50 $926,923.60
A EC O M
2 Alham bra P laza, Suite 900
C oral Gables, Florida 33134
February 21, 2022
(R evised March 21, 2023)
Attention:
R e:
M r. E rik M . Alcantara, P .E.
P ropo sal fo r G eotechnical S erv ices
Village of Key Biscayne
K-8 S chool D rainage Im provem ents Project
Village of Key Biscayne, Florida
G EO SO L P ro posal N o. P-222116-R 2
D ear M r. Alcantara:
In accordance w ith you requests, G eosol, Inc. (G E O SO L) is pleased to subm it this revised proposal pertaining to geotechnical
serv ices fo r the above-referenced project, based on info rm ation you pro vided to us. This pro posal has been revised based on
our discussions w ith M r. E velio C havez, P.E. on M arch 6, 2023.
PR O JEC T IN FO R M A TIO N
A s w e understand it, the Village of Key Biscayne is planning to pro vide storm w ater drainage im pro vem ents surro unding the K-8
S chool. As w e unde rstand it, the proposed im pro vem ents w ill incl ude the follow ing:
1. Installatio n of 60-inch R einforced C oncrete Pipe (R C P) drainage trunk w ith a length of approxim ately 6,200 linear
feet,
2. R oadw ay reconstruction along the alignm ent of the proposed R C P drainage trunk,
3. Installatio n of three (3) outfalls w ith a dissipator structure at each outfall location,
4. Installatio n of a 267 C FS pum p station
SC O PE O F SER VIC ES
G en e ral
B ased on your request and our understanding of the scope of services, the geotechnical field serv ices w ill include Standard
P enetration Test (SPT) borings in accordance w ith ASTM D -1586. U pon term ination of the borings, all holes will be backfil led
w ith grout to the gro und surf ace and the site w ill be restored to its original condition. The geotechnical field exploration and
testing program s are detailed in the fo llow ing sections.
F ield Explo ration and Lab oratory Testing Program s
• Perform site reconnaissance, locate and coordinate for existing utilities that may interfere w ith the drilling operations.
• O btain a R ight of W ay perm it from the Village of Key Biscayne to perform the soil borings.
• P ro vide traffic control in accordance w ith the Index 600 series of the FO OT R oadw ay and Traffic Design Standards.
• Perform a total of thirt een (13) Standard Penetration Test (SPT) borings on land to depths of 30 feet below existing
grade s fo r the pro posed 60-inch R C P drainage truck at a general spacing of about 500 feet center-to-center
• Perform a total of thirt een (13) S PT borings on land to depths of 15 feet below existing grades fo r the pro posed roadway
reconstruction
5795-A N. W.151 st Street
Miami Lakes, FL 33014
Phone (305) 828-4367; Fax (305) 828-4235
E-mail: geosolusa@bellsouth.net
Proposal for Geotechnical Services
Village of Key Biscayne
K-8 School Drainage Improvements Project
Village of Key Biscayne, Florida
GEO SOL Proposal No. P-222116-R2
• Perform a total of three (3) SPT borings on land to depths of 50 feet below existing grades for the proposed outfalls
and dissipater structures
• Perform a total of two (2) SPT borings on land to depths of 80 feet below existing grades for the proposed pump
station
• Measure the groundwater levels at the test boring locations.
• Backfill the boreholes using cement grout mix.
• Visually examine all recovered soil/rock samples in the laboratory. A geotechnical engineer will examine all recovered
soil and rock samples. The laboratory testing will include natural moisture content, grain-size analysis, percent passing
the #200 sieve, organic content determination, Limerock Bearing Ratio (LBR) testing, Atterberg limits testing, and
corrosion series testing (pH, resistivity, sulfates and chlorides). The tests will be conducted in accordance with
applicable ASTM and FOOT standards.
We understand that the test locations on land are accessible to a truck-mounted drill rig. Samples of the in-place materials will be
recovered with a standard split barrel drive with 140-pound hammer falling 30 inches (the Standard Penetration Test after ASTM
D1586). The borings will be advanced with rotary drilling methods.
REPORTING
Using the results of the field exploration, we will assess the geotechnical engineering impact of the subsurface conditions on the
planned construction and provide recommendations for foundation design and related construction. A geotechnical engineering
report of our findings and recommendations will be prepared and submitted at the conclusion of the study. The report will be
prepared, signed and sealed by a professional engineer registered in the State of Florida. The report will specifically contain the
following information:
1. A plan of the site showing the location of the test locations.
2. A brief review of our test procedures and the results of the testing conducted.
3. Estimated subsurface profiles as necessary to illustrate subsurface conditions including standard penetration
resistance test data and groundwater levels.
4. A review of surface features and site conditions that could affect construction and site preparation.
5. General evaluation of the site considering the proposed project and estimated subsurface conditions.
6. Recommendations for site preparation and construction of compacted fills or backfills.
7. Results of laboratory testing.
8. Anticipation of groundwater levels and methods for handling it during construction.
9. Derivation of soil/rock parameters for the design of the proposed improvements.
10. Foundation analysis and recommendations for the proposed improvements.
11. Construction considerations.
Propo sal fo r G eotechnical Serv ices
Village of Key Biscayne
K-8 School Drainage Im provem ents Pro ject
Village of Key Biscayne, Florida
G EO SO L Proposal No. P-222116-R2
SC H ED U LE
O ur study can begin w ithin one (1) day upon receiving your fo rm al notice to proceed. W e w ill begin by calling SunShine O ne Call
Services to have underground utilities m arked and cl eared and w ill pro ceed to obtain a R ight-of-W ay perm it from the Village of
K ey Biscayne. T his task typically takes up to ten (10) w orking days. Based on geotechnical scope of serv ices requested, we
anticipate that the required serv ices can be com pleted w ithin a 9-to 10-w eek period after receiving Notice to Pro ceed. This
includes m arking of test locations in the field, underground utility cl earances, field w ork, laboratory testing, and report
prepa ration. H ow ever, w e w ill expedite our serv ices as m uch as possible.
W e have encl osed the detailed Fee P ro posals fo r your review . Based on our general know ledge and an interpretation of your
requirem ents, w e are w ill ing to com plete the geotechnical serv ices and report preparation fo r a lum p sum fee of $68,257.50.
If this pro posal is found satisfactory , please sign and return the attached "Acceptance Sheet of Geotechnical Services" so that
w e m ay proceed w ith our w ork.
G E O SO L appreciates your consideration of our firm to undertake this pro ject. If you have any questions, please do not hesitate
to contact us.
S ince rely,
GEOSOL. INC.
~-
O raci o R iccobono, P .E.
Senio r G eotechnical Engineer/President
Attachm e nt 1 - Fee P ro posal
A C C E PTA N C E SH E ET O F G EO TEC H N IC A L SER VIC ES
AG R EE D TO T H IS D AY O F , 2023
BY : _
P LE A SE P R IN T NA M E: _
T IT LE : _
F IR M : _
GEOSOL, INC.
FEE PROPOSAL FOR GEOTECHNICAL SERVICES
Village of Key Biscayne
K-8 School Drainage Improvements Project
Village of Kev Biscayne, Florida
GEOSOL PROPOSAL No. P-222116-R2
DESCRIPTION UNITS # OF UNIT
UNITS !" TE($)
#### $$$$$$ $$$$$$$$$$
TOTAL
%
I. FIELD INVESTIGATION
IA/ FIELD ACTIVITIES:
13 SPT borings 011 land to dept/ts of 30 feet below existing grades for the proposed 60-inch RCP drainage trunk
13 SPT borings 011 land to dept/ts of 15 feet below existing grades for tlte proposed roadway reconstruction
3 SPT borings 011 land to dept/ts of 50 feet below existing grades for the proposed outfalls and dissipntor structures
2 SPT borings 011 land to depths of 80 feet below existing grades for the proposed pump station
SPT Borings (0 ft to 50 ft), Land: 13 SPT Boring to 30/eet in Depth for Proposed 60-inch RCP
Drainage Trunk FEET 390.0 $18.00 $7,020.00
SPT Borings (0 ft to 50 ft), Land· 13 SPT Boring to 15 feet in Depth for Proposed Roadway
Reconstruction FEET 195.0 $18.00 $3,5 I 0.00
SPT Borings (0 ft to 50 ft), Land: 3 SPT Boring to 50 feet in Depth for Proposed Outfalls and
Dissipator Structures FEET 150.0 $18.00 $2,700.00
SPT Borings (Oft to 50ft), Land: 2 SPT Boring to 50/eet in Depth for Proposed Pump Station FEET 100.0 $18 00 $1,800.00
SPT Borings (51 ft to 80 ft), Land: 2 SPT Boring to 50 feet in Depth for Proposed Pump Station FEET 60.0 $22.00 $1,320.00
Closing Holes= (total depth ofSPT boring) FEET 895.0 $7.50 $6,712.50
Engineering Technician {Test Layout, Utility Clearances, and MOT) HOUR 36 $95.00 $3,420.00
SUB-TOTAL (for FIELD INVESTIGATION) $26,482.50 &
SUB-TOTAL (MOB/DEMOB, & MOT COORDINATION)
'
Corrosion Testing including resistivity. chlorides. pH and sulfates in accordance with California
Method 643-7 or FDOT 5-550 to FM 5-553 (")* 6.0 $150.00 $900 00
SUB-TOTAL (LABORATORY PROGRAM)
TOTAL FIELD INVESTIGATION
%+,-+../00 &
$51,017.50 &&
Project Engineer HOUR 32 $180.00 $5,760.00
Senior Manager HOUR 12 $205.00 $2,460.00
Engineering Intern HOUR 54 $110.00 $5,940.00
C.A.D. Technician HOUR 32 $80 00 $2,560.00
Administrative Assistant HOUR 8 $65.00 $520 00
3 ENGINEERING SERVICES
TOTAL ENGINEERING SERVICES $17,240.00 &
TOTAL GEOTECHNICAL FEES FOR PROJECT $68,257.50 &&
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ISO 900 I :20 IS CERTIFIED
ENGINEERS• PLANNERS• SCIENTISTS• CONSTRllCT!ON MANAGERS K C I 1425 W Cyp ress Creek Road, Suite IOI • Fo rt Lauderdale, FL 33309 • Phone 954-77 6-16[6
PROFESSIONAL SERVICES
AGREEMENT
March 21, 2023
AECOM
2 Alhambra Plaza
Suite 900
Coral Gables, FL, 33134
305-444-4691
erik.alcantara(a),aecom.com
AECOM Authorized Representative: Erik M. Alcantara, P.E., PMP, ENV SP
Client Service Manager/Senior PM, Water Business Line
Subject: K-8 Basin Survey ("Project")
KCI Project Number: TBD
KCI Technologies, Inc. ("KCI") is pleased to submit this professional services proposal (the
"Proposal") to AECOM ("Client") for the services (the "Services") described in the Scope of
Services section of this Proposal. The Proposal shall be valid for a period of thirty (30) business
days from the date above. Acceptance and execution thereafter shall be conditioned on KCI's
reaffirmation of the Proposal.
The Proposal includes the General Provisions (see Exhibit A) and all other exhibits attached
hereto. If this Proposal is accepted and executed by Client, then the General Provisions and other
exhibits, along with this Proposal, shall constitute a complete and legally binding contract between
KCI and Client.
SCOPE OF SERVICES
This Proposal is limited exclusively to the Services as described below and anything not expressly
described shall be considered expressly excluded from the Services. Any modifications to the
Services made after execution of this Proposal will be Additional Services unless otherwise agreed
to in writing by both parties.
Task 1 - Storm Water Drainage Sewer As-builts
KCI shall provide As-builts of the stormwater drainage system structures throughout the public
right of way within the area known as the K-8 Basin, extending to the nearest intersection, covering
approximately 28,000 linear feet of road Right of Way, as shown in Attachment 'A'. There are
approximately 360 structures per the Village GIS data/Village wide Survey prepared by KCI
Technologies, Inc. This includes including catch basins, curb inlets, manholes, pollution control
boxes, drainage wells, and pump stations. Outfall structures leading into Biscayne Bay shall not
be included in this task.
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E111pluycc-Ow11cd Since 1988
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Pro fe ssional Services A greem ent
A ECO M - VK B K -8 Basin Survey
M arch 2 1 , 2023
Page 2
A s-builts of the storm w ater sew er gra vity stru ctur es shall incl ude:
• Identification num ber
• Stru ctur e type
• H orizontal coordinates
• R im elevation
• Pipe info rm ation
o M aterial
o Size
o D irection
o Invert elevation
• Bottom of stru cture elevation
Deliverables:
• A table of the measurements in excel format
• An AutoCAD file with the location and identification number of each structure, relative to the
previous survey work prepared by KCI
All survey work shall be performed in accordance with the Standards of Practice as set forth by
the Board of Surveyors and Mappers pursuant to Rule 5J-l 7 of the Florida Administrative Code,
pursuant to Section 472.027 Florida Statutes.
KCI's Lump Sum Fee for this service shall be $68,500.00
Task 2 - Sanitary Drainage Sewer As-builts
KCI shall provide As-builts of the sanitary drainage system structures throughout the public right
of way within the area known as the K-8 Basin, extending to the nearest intersection, covering
approximately 28,000 linear feet of road Right of Way, as shown in Attachment 'A'. There are
approximately 160 structures per the Village GIS data/Village Wide Survey prepared by KCI
Technologies, Inc. This includes including manholes and grease traps. Services do not include
cleanouts, sewer laterals, or any sanitary sewer force mains.
As-builts of the sanitary sewer gravity structures shall include:
• Identification number
• Structure type
• Horizontal coordinates
• Rim elevation
• Pipe information
o Material
o Size
o Direction
o Invert elevation
• Bottom of structure elevation
RISE TO THE CHALLENGE
L111p/,,_1·,·c-Ow11l'd .Sina 1988
WWW.KCI.COM
P r o fe s s io n a l Services Agreement
AECOM - VKB K-8 Basin Survey
March 2 l. 2023
Page 3
Deliverables:
• A table of the measurements in excel format.
• An AutoCAD file with the location and identification number of each structure, relative to the
previous survey work prepared by KCI.
All survey work shall be performed in accordance with the Standards of Practice as set forth by
the Board of Surveyors and Mappers pursuant to Rule 5J-17 of the Florida Administrative Code,
pursuant to Section 472.027 Florida Statutes.
KCI's Lump Sum Fee for this service shall be $31,275.00
Task 3 - Subsurface Utility Investigation (Utility Designation)
KCI will perform Utility Designation services within the project limits, being approximately
28,000 linear feet of road right of way having approximately 4 different utilities to be designated
( excluding storm water and sanitary sewer, which is to be located and mapped under the Survey and
Mapping tasks). Said limits being the area known as the K-8 Basin, extending to the nearest
intersection, as shown in Attachment 'A'. Services which entail the utilization of geophysical
equipment to designate and mark traceable underground utilities to determine the approximate
horizontal location of existing utilities. Traceable utilities detected in the specified area will be
marked on the surface with paint & flags using geophysical equipment which may include
electromagnetic and ground penetrating radar (GPR) technologies. This work will be
supplemented by existing facility records provided by the client or the facility owner prior to
the start of the marking process. The combination of the record information and the use of the
outlined approach and technology create the greatest opportunity for the existing utilities to be
designated within the requested work areas. Materials such as PVC, HDPE, Transite or Asbestos
Cement pipes are not traceable with electronic locators and require Ground Penetrating Radar to
detect subsurface anomalies to designate & mark. Ground Penetrating Radar can be affected by
the subsurface water table, very wet sandy conditions, or clay soils and may not be able detect
subsurface anomalies needed to designate plastic or non-traceable utilities. A field sketch will be
provided depicting the utilities designated and marked including any utilities shown on records
that could not be designated with electronic locators or Ground Penetrating Radar.
Fees shown hereon include the location of said utility markings and added to the previous survey
prepared by KCI.
Please Note: Use of this service does not relieve the client of their responsibility to notify local
One Call services prior to construction.
All S. UE. Technicians involved in the completion of the requested utility designation services are
UTA certified Professional Utility Locators and hold OSHA certifications for jobsite safety,
maintenance of traffic and confined space entry.
All survey work shall be performed in accordance with the Standards of Practice as set forth by
he Board of Surveyors and Mappers pursuant to Rule 5J-17 of the Florida Administrative Code,
pursuant to Section 472.027 Florida Statutes.
Lump Sum fee for these services shall be $ I 06,870.00
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E111ploycc-Ownal Since 1988
WWW.KCI.COM
Pro fessional Services A greem ent
A ECO M - VKB K -8 Basin Survey
M arch 21, 2023
Page 4
Task 4 - Subsurface Utility Investigation (Vacuum Excavation)
KCI will provide Vacuum Excavation services within the project limits as specified by the client
prior to commencement of work. This process will be done by using compressed air to break up
the soil above existing utilities and then removing the soil with a 4" vacuum hose. These locations
will be selected by the client to identify target utilities that require accurate depth measurements
prior to the proposed construction. Test hole report forms will be provided which indicate the depth
to the top of utility, utility type, apparent size and material as well as a tie in sketch for location
recovery. Restoration of the site will include compacting the material removed from the hole in
six-inch lifts. Any paved surface will be repaired with cold patch asphalt, tamped in place.
Please Note: Use of this service does not relieve the client of their responsibility to notify local
One Call services prior to construction.
All S. UE. Technicians involved in the completion of the requested utility designation services are
UTA certified Professional Utility Locators and hold OSHA certifications for jobsite safety,
maintenance of traffic and confined space entry.
All survey work shall be performed in accordance with the Standards of Practice as set forth by
the Board of Surveyors and Mappers pursuant to Rule 5J-l 7 of the Florida Administrative Code,
pursuant to Section 472.027 Florida Statutes.
Unit fee for these services shall be:
Test Hole Non-Paved
Test Hole Paved w/Cold Patch
$1,000.00 each
$1,200.00 each
Task 5 - Topographic and Bathymetric Survey
KCI shall prepare a Topographic and Bathymetric Survey of an approximate 4.5-acre portion of
Hurricane Harbor, as shown in Attachment 'B'. Elevations shall be relative to the North American
Vertical Datum of 1988 (NAVD '88). Horizontal location will be relative to the North American
Datum of 1983, with a 2011 adjustment. Horizontal & vertical position shall be established using
Global Positioning System (GPS) - Real Time Kinematic (RTK), base-rover methods, using the
Florida Department of Transportation (FDOT), Florida Permanent Reference Network (FPRN),
applying the Geoid 12b model; with an absolute accuracy of+/- 0.5 feet. Soundings will be taken
with a dual frequency echosounder (HydroLite-DXF).
Piles, docks, sea walls, and other permanent features within the specified area shall be located only
if accessible. KCI will not be obtaining elevations where there are docks and boats anchored within
the survey limits. KCI will, to its best ability, locate said features and obtain as-builts of the existing
outfall structures (to include pipe size, direction, material, and invert elevation). Twenty-five-foot
cross sections, centered at each outfall, and extending out 75 feet shall be provided.
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P ro fe s s io n a l S e r v ic e s A g r e e m e n t
A E C O M - V K B K -8 B a s i n S ur v e y
M a r c h 2 1 , 2 0 2 3
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Deliverables include:
• Digital Terrane Model (DTM) in an xml format.
• Plotted cross sections in plan view.
• 2018 AutoCAD Civil 3D file with DTM and plan view cross sections.
• ASCII file with point number, northing, easting, elevation of the sea floor.
• 3 signed & sealed copies of the Bathymetric Survey.
All survey work shall be performed in accordance with the Standards of Practice as set forth by
the Board of Surveyors and Mappers pursuant to Rule 5J-17 of the Florida Administrative Code,
pursuant to Section 472.027 Florida Statutes.
KCI's Lump Sum Fee for this service shall be $24,000.00
FEES AND PAYMENTS
The listed fees are for the performance of the Services listed in the Scope of Services above and
do not cover any Additional Services, or any other services that are not specifically described as
part of the Services.
KCI will submit monthly invoices for the Services and Additional Services rendered and the Direct
Expenses and Charges incurred. Client agrees to comply with the PAYMENT terms in the General
Provisions.
ADDITIONAL SERVICES
Experience indicates that certain additional services ("Additional Services") may be appropriate,
required, or necessary that KCI cannot presently determine or estimate. For this reason, the fee
for Additional Services is not included in the "Fees and Payments" section of this Proposal.
Further, the performance of these Additional Services is not included in the Scope of Services
unless expressly described in that section of this Proposal.
These Additional Services are the result of many situations and decisions too numerous to include
here but two such examples are your decision, or your contractor's, to deviate from current plans
or standards, or a reviewing agency/regulator determination. For clarity, Additional Services, for
the purposes of this Proposal, include the common understanding and purpose of the terms: extras,
change orders, and add-ons.
FEES AND PAYMENTS FOR ADDITIONAL SERVICES
Fees and payments for Additional Services shall be in addition to any fees and payments for the
Services and shall be billed and paid on the same fee and payment terms described for the Services
or as mutually agreed upon in written amendment when the Additional Services are ordered by the
Client.
Emp/ciycc-Ow11cJ Since 1988 ~---- -- ---
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Pro fe ssional Services A greem ent
A E C O M - V K B K -8 B asin Survey
M arch 2 1, 2023
Page 6
CONCLUSION
KCI welcomes the opportunity to collaborate with AECOM on the K-8 Basin Survey project. The
KCI point of contact ("POC") if you have questions about this Proposal, the General Provisions,
or any other attachment is Benjamin Hoyle, PSM who may be contacted at either 954-776-1616
or Benjamin.Hoyle@kci.com.
Respectfully,
Benjamin B. Hoyle, PSM
KCI Technologies, Inc.
Survey Practice Leader
Jam es Gellenthin, PS1'.·:I
KCI Technologies, Inc.
Chief of Surveys
ACCEPTANCE
By signing this Proposal, you are accepting the Proposal, General Provisions, and any other
attachments and, therefore, agreeing to a legally binding contract with KCI Technologies, Inc.
The person executing this Proposal on behalf of the Client does hereby warrant that he/she has full
authority to do so. Unless otherwise identified in Section 18, NOTICES, Client agrees that the
person executing this Proposal will be the designated recipient.
This contract will go into effect as of the date of the signature below.
Please provide a copy of the signed contract to the KCI POC.
Name
Title
Date
E111pl,,vnA)1v11ed .Sin,r 1988
RISE TO THE CHALLENGE WWW.KCI.COM
Professional Services Agreement
AECOM - VKB K-8 Basin Survey
March 2 l, 2023
Page 7
EXHIBIT A
GENERAL PROVISIONS
These General Provisions are incorporated by reference in the Proposal
for the performance of Services by KCI as of the date of the executed Proposal.
1. START OF SERVICES
KCI will not provide Services until Client executes the Proposal creating a contract. However, if Client fails to return
an executed copy of the contract ("Agreement") to KCI and Client requests and authorizes KCI to proceed with
Services, the terms and conditions of this Agreement will be in force and govern the Services and the relationship of
the parties.
2. ADJUSTMENTS TO FEE AND TIME
Fees quoted in the Proposal are based on current salaries, operational costs and the Services as initially presented by
Client. Unless a lump sum fee is quoted, KCI shall have the automatic right to adjust the fee basis to reflect change
in salaries and operational cost on each twelve (12) month anniversary following the date of the Proposal. Estimates
stated in the Proposal are provided for convenience of the Client and KCI may adjust the estimates as necessary once
Services commence if the Services are not as originally described or anticipated. KCI will not perform the Services
requiring an adjustment to the estimates without written approval from Client.
Should conditions be encountered in the performance of the Services that KCI has reason to believe are in variance
with the conditions initially indicated by the Client or documents provided by the Client and differing materially from
those ordinarily encountered and generally recognized as inherent in the Services, hereinafter called Changed
Conditions, KCI shall, prior to modifying its Services or disturbing such Changed Conditions, give written notice to
Client of such Changed Conditions and an estimate of additional time and cost, if applicable, to provide the Services
in relation to the Changed Conditions. Upon receipt of KCI's notice of Changed Conditions, Client shall determine
how the Changed Conditions will affect the project and notify KCI of how to proceed with the Services.
Although KCI will attempt to complete all Services in a timely fashion, KCI does not guarantee, expressed or implied,
the time when Services are completed. If applicable, KCI will coordinate with the Client in scheduling and performing
the Services to avoid conflict, delay in or interference with Client's work or others performing at the project site.
3. CONDUCT OF THE SERVICES
If applicable to the Services, all concept, preliminary and final plans prepared by KCI will be submitted to Client for
approval prior to or concurrent with submittal to appropriate governmental authorities. If Client does not respond to
such plans within five (5) business days of receipt, the plans shall be deemed approved by Client. After Client's
approval, any change shall be deemed Additional Services for which KCI shall receive additional compensation. KCI
shall not be obligated to incorporate changes requested by Client into its plans if, in the opinion ofKCI, such changes
would result in a substandard work product.
If applicable to the Services, any reference to existing subsurface objects is provided for general reference based on
existing information supplied to KCI by the Client or others and such locations are not to be considered exact. At
least forty -eight (48) hours before penetrating the ground, Client agrees to contact the local "State One-Call System
(Dial 811 )" and have a utilities representative on site unless otherwise stated in the Services.
4. ST AND ARD OF CARE
KCI will perform the Services in a manner consistent with the degree of care and skill ordinarily exercised by members
of the same profession currently practicing under similar circumstances at the same time and in the same or similar
locale and conform, as applicable, to appropriate federal, state and local laws, regulations and codes relevant to this
Agreement. KCI makes no warranty, express or implied, of the Services. Nothing in this Agreement is intended to
create, nor shall it be construed to create, a fiduciary duty owed by either party to the other.
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5. RIGHT OF ENTRY; PERMITS; LICENSES; SAFETY
Client agrees to provide rights of entry and all permits necessary for the completion of KCI's Services under this
Agreement at no cost to KCI unless otherwise defined in the Proposal. If applicable to the Services, Client represents,
warrants and covenants that it possesses either (1) valid title and ownership interests in, or (2) the right to transfer,
assign or encumber, the real property or parcel(s) of land that is the focus ofor is related to the Services.
If applicable to the Services, if Client possesses neither valid title and ownership interests in, nor the right to transfer,
assign or encumber, the real property or parcel(s) ofland related to the Services, one of the following conditions must
be fulfilled by Client within ten (10) business days after receipt of a fully executed copy of this Agreement:
i. Client must secure express written authorization from the rightful owner of the property that (1) grants KCI the right
to provide the Services on or about the property or parcel(s) in question; and (2) acknowledges and affirms the entire
terms of this Agreement and the range of Services rendered by KC!; or
11. Client must pay an additional fee to KCI in an amount equal to thirty percent (30%) of the gross contract before KCI
commences the Services.
KCI warrants that its personnel providing the Services are appropriately skilled and licensed in the State in which the
Project is located.
If applicable to the Services, when KCI Services require KCI personnel or subconsultants to be at a project site, KCI
agrees it and its subconsultants will comply with the Client's or any of Client's contractors or representative's
reasonable health and safety requirements, which will be provided to KC! at least ten (I 0) business days prior to arrival
on the project site. KC! shall not be responsible for any health and safety precautions or programs of Client or any of
Client's contractors or representatives.
If applicable to the Services, neither the professional activities of KCI, nor the presence of KCI or its employees and
subconsultants at a project site, shall relieve the Client, or the Client's General Contractor or, as applicable, any other
third party engaged by the Client, of its obligations, duties and responsibilities including, but not limited to,
construction means, methods, sequence, techniques or procedures necessary for performing, superintending and
coordinating the Services in accordance with the project documents and any health or safety precautions required by
any regulatory agencies. KCI and its personnel have no authority to exercise any control over any other third parties,
including a construction contractor or its employees in connection with their work or any health or safety programs or
procedures. The Client agrees that it, its General Contractor or any other third party engaged by the Client shall be
solely responsible for jobsite health and safety and warrants that this intent shall be carried out in the Client's contract
with those other entities.
6. DOCUMENTS
Upon final payment, KCI hereby assigns to Client any and all rights, title and interest, including, without limitation,
patents, trademarks, copyrights, trade secrets and other proprietary rights, to the Documents and Materials created by
KCI specifically for Client hereunder and required to be delivered to Client by virtue of the description or specification
as a deliverable in the applicable Services. Documents and Materials are the documents, drawings, and any
specifications, computations, electronic data files, sketches, test data, survey results, photographs, and other material
required for the provision of the Services.
Until final payment and during the provision of Services, KCI will provide the Documents and Materials to Client
pursuant to a limited, non-transferable, no fee, worldwide, license to use the Documents and Materials solely for the
purpose of the Project. Client may not copy, distribute, display, or create derivative works from the Documents and
Materials except as necessary for the Project until ownership passes at the time of final payment. Under no
circumstances or at any time (including after any assignment has been effectuated) may Client modify the Documents
and Materials without KCI's express written permission and, when permitted, any such modifications will be clearly
marked as being made by the Client.
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P a g e 9
Where the Documents and Materials are marked with KCI's copyright notices or other indicia or authorship, Client
may not remove or modify any such marking without the prior written perm ission ofKCI during the duration of the
Project or anytime thereafter (including after any assignment has been effectuated). Notwithstanding anything to the
contrary contained herein, KCI retains all right to its knowledge, experience, and know-how (including processes,
ideas, concepts, and techniques) acquired in the course of performing the Services. KCI may, but is not obligated to,
keep copies of all Documents and Materials for its records.
In the event Client, Client's contractors or subcontractors, or anyone for whom Client is legally liable makes or permits
to be made any changes or modifications to the Documents and Materials, including electronic files, without obtaining
KCI's prior written consent, Client assumes full responsibility for such changes or modifications, including any
consequences thereof. Client agrees to waive any and all claims against KCI and to release KCI from any liability
arising directly or indirectly from unauthorized changes or modifications.
Client will include in all contracts in any way related to the Services provisions prohibiting another entity, including
a contractor or any subcontractors of any tier, from making any changes or modifications to KCI's Documents and
Materials without the prior written approval of KCI, prohibiting the removal of KCI's copyright notices and other
markings, and requiring the other party to indemnify KCI from any and all liability or cost arising from unauthorized
changes or modifications.
Client assumes full responsibility and liability for all unauthorized changes and modifications to the Documents and
Materials by itself or any third party after final payment to KCI.
If there is a discrepancy between that which is described or depicted on any Documents or Materials in electronic files
and that which is described and depicted on the hard copies of such Documents or Materials, the hard copies shall
govern.
7. INDEMNIFICATION AND LIABILITY
KCI shall indemnify and hold harmless the Client, its officers, directors, and employees, from and against those
liabilities, damages, and costs that Client is legally obligated to pay as a result of the death or bodily injury to any
person or the destruction or damage to any property , to the extent caused by the negligent acts, errors or omissions of
KCI or anyone for whom KCI is legally responsible, subject to any limitations of liability contained in this Agreement.
KCI will reimburse Client for reasonable defense costs for claims arising out ofKCI's professional negligence based
on the percentage ofKCI's liability.
KCI shall indemnify, defend and hold harm less the Client, its officers, directors, and employees, from and against
those claims, liabilities, damages and costs arising out of third-party claims to the extent caused by the negligent acts,
errors or omissions of KCI or anyone for whom KCI is legally responsible, subject to any limitations of liability
contained in this Agreement. The duty to defend shall not apply to professional liability claims.
The foregoing defend, hold harmless and indemnity obligations shall apply solely to any such causes of action,
damages, costs, expenses or defense obligations covered by KCl's insurance.
The Client agrees to indemnify and hold harmless KCI, its officers, directors, and employees against all damages,
liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the Client's negligent
acts, errors or omissions in connection with the Services and this Agreement and the acts of its contractors,
subcontractors or consultants or anyone for whom the Client is legally liable. This Client indemnification and hold
harmless includes damages, liabilities or costs arising from or relating to: slander of title or disparagement of property
claims referenced in Section 5, RI GHT OF ENTRY; PERM ITS; LICENSES; SAFETY; changes/modifications to
Documents and Materials referenced in Section 6, DOCUME NTS; fees and expenses including, but not limited to
cost of personnel time, court costs, litigation expenses and reasonable attorneys' fees KCI incurs as a result of late
payment referenced in Section I 0, PAYME NTS; and, where applicable, any loss or damage to KCI or third parties'
personnel or equipment resulting from any ground penetration except when it is the direct result of KCI's sole
negligence or when caused by normal wear and tear.
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P ag e 10
Neither the Client nor KCI shall be obligated to indemnify the other party in any manner whatsoever for the other
party's own negligence.
If applicable to the Services, Client warrants that it has and will comply with all lawful obligations regarding hazardous
or toxic substances, and it agrees to indemnify and hold KCI harmless from any loss, damage, expenditure or liability
arising out of or in any way relating to the presence, discharge, exposure or release of hazardous or toxic substances
of any kind except to the extent it is the direct result ofKCI's sole negligence.
To the fullest extent permitted by law, the total liability, in the aggregate, of KCI and its officers, directors, and
employees to Client and anyone claiming by, through or under Client, for any and all injuries, claims, losses, expenses,
or damages whatsoever arising out of or in any way related to the Services or this Agreement, from any cause or
causes whatsoever, including but not limited to, negligence, strict liability, breach of contract or breach of warranty
shall not exceed $25,000 or the total compensation received by KC! under this Agreement, whichever is the lesser.
Neither party shall have liability for special, incidental, or consequential damages, lost revenues, lost profits, or
punitive/exemplary damages, regardless of whether either party is or was aware of the possibility or actuality of such
damages and regardless of the form or theory ofrelief of any claim or action. If Client is subject to liquidated damages,
then Client agrees to waive any potential claim against KC! for liquidated damages unless, pursuant to a final
determination consistent with Section 12, DISPUTE RESOLUTION, KCI is found to be at least partially at fault, then
KCI agrees to pay is proportionate share of liquidated damages.
If applicable to the Services, Client agrees that KCI shall not be liable for work performed by other parties, for the
accuracy of data supplied by other parties upon which KCI may rely, or for testing or inspection work performed by
others, nor for any loss or damages claimed to result from penetration of the ground unless the loss or damage is a
direct result ofKCI's sole negligence.
If applicable to the Services, Client hereby agrees that, to the fullest extent permitted by law, KCI's maximum liability
to Client for any and all claims, actions, damages, or losses arising out of or in any way related to mold shall not
exceed the amount of any insurance coverage available to satisfy any claim made against KCI within the scope of any
such coverage in existence at the time the claim is resolved by way of settlement award or judgment ( exclusive of any
required deductible). Client further agrees that in no event shall KCI be liable for any claims or damages of any
nature, regardless of the insurance, (including costs relating thereto) for bodily or personal injury related to mold
claims.
PURSUANT TO FLORIDA STATUTE§ 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF
KCI MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RES UL TING FROM
NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF PROFESSIONAL SERVICES
RENDERED UNDER THIS PROFESSIONAL SERVICES CONTRACT.
8. INSURA NCE
KCI maintains at least the following insurance: I) Commercial General Liability Insurance, including contractual
liability, with a limit of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000)
aggregate; 2) Workers Compensation Insurance in compliance with the statutes of the State that has jurisdiction over
its employees providing the Services to the required statutory amount; 3) Automobile Liability Insurance with a
combined single limit of two million dollars ($2,000,000); and 4) Professional Liability Insurance in the amount of at
least two million dollars ($2,000,000). Certificates of insurance may be provided upon request.
9. CONFIDENTIALITY
The term "Confidential Information" shall mean any confidential or proprietary business, technical, financial or other
non-public information or materials in a tangible or electronic format of a party ("Disclosing Party") provided to the
other party ("Receiving Party") in connection with the Project, whether orally or in physical form, that is not generally
known or available to others. However, Confidential Information shall not include information (i) previously known
by Receiving Party without an obligation of confidentiality; (ii) acquired by Receiving Party from a third party which
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was not, to Receiving Party's knowledge, under an obligation of confidentiality; (iii) that is or becomes publicly
available through no fault of Receiving Party; or (iv) that Disclosing Party gave written permission to Receiving Party
to disclose, but only to the extent of such permitted disclosure.
Confidential Information produced or provided by either party relating to the Project shall not be released to other
parties or the subject of any public announcement or publicity release without the other party's written authorization.
The submission or distribution of documents to meet official regulatory requirements or for similar purposes in
connection with the Project is not a publication as stated herein.
Except as required by applicable law, each Receiving Party agrees that (i) it will use Confidential Information of
Disclosing Party solely for the purpose of the Agreement; and (ii) it will not disclose the Confidential Information of
the Disclosing Party to any third party other than the Receiving Party's employees or agents, on a need-to-know basis,
who are bound by obligations of nondisclosure and restricted use at least as strict as those contained herein, provided
that Receiving Party remains liable for any breach of the confidentiality provisions of this Agreement by its employees
or agents. The Receiving Party will protect the Confidential Information of the Disclosing Party in the same manner
that it protects the confidentiality of its own proprietary and confidential information, but in no event using less than
a reasonable standard of care.
In the event Receiving Party receives a subpoena or other administrative or judicial demand for any Confidential
Information of Disclosing Party, Receiving Party will give Disclosing Party prompt written notice of such subpoena
or demand and allow Disclosing Party to assert any available defenses to disclosure. Upon request by Disclosing Party
and excluding necessary back-ups and record retention policies, Receiving Party will return or destroy all copies of
any Confidential Information of the Disclosing Party and will destroy the copies kept consistent with record retention
policies. Confidential Information will at all times remain the property of the Disclosing Party. The provisions of this
Section will expire three (3) years after the expiration or termination of the Agreement.
10 . PA Y M E N T S
Invoices submitted by KCI to Client are due and payable in full for undisputed amounts no later than thirty (30) days
after receipt or, if applicable, fifteen ( 15) days after Client receives payment for the Services invoiced by KCI. If
Client has a specific format or required information to be included in the invoice, Client will provide those details to
KCI at the time of executing this Agreement. KCI does not agree to any retainage or withholding unless specifically
agreed to in writing.
If any invoiced amount is disputed, Client will provide a detailed written explanation of the dispute and the parties
agree to follow the dispute process in Section 12, DISPUTE RESOLUTION. Both parties agree to continue fulfilling
the obligations of this Agreement during resolution of the dispute.
If undisputed amounts of an invoice remain unpaid for more than sixty (60) days from the date of the invoice, KCI, at
its discretion and as allowable by law, may impose any or all of the following remedies: (1) apply a service charge of
one and one half percent (1.5%) per month, eighteen percent (18%) per annum; (2) stop all Services, provided Client
is given three (3) business days prior written notice to cure; (3) withdraw all certifications and plans previously
submitted; ( 4) assert a lien on the property; (5) file suit for the collection of said overdue invoices in any Court of
competent jurisdiction; and (6) undertake any other remedies accorded it by law or this Agreement. An exercise of
one or more of these actions shall not be deemed a waiver of future exercise of other actions.
As full and complete compensation for the Services, including all sales, excise, employment, use and other applicable
taxes, fees and all other amounts imposed by governing authorities that are applicable to the Services, Client shall pay
the KCI invoices. KCI shall be responsible for the payment of all taxes covering the Services, including the payment
of all applicable taxes covering its employees.
11. T E R M IN A T IO N
Upon three (3) business days' written notice to the other party, this Agreement may be terminated for convenience by
either party, with or without cause and at the party's sole discretion. Upon termination for convenience, neither party
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shall have any further claims against each other provided that Client shall pay KCI for all Services performed through
the date of termination.
Upon payment for all Services performed through the date of termination for convenience, neither party shall have
any further claim for any type of damages and this Agreement will be deemed completed as of the date of the
termination for convenience as if the Services included only those Services completed through the date of the
termination for convenience.
Either party may terminate this Agreement for cause should the other party fail to deliver their obligations and
requirements in a timely manner, to correct defective Services, as applicable, to act in good faith, or to carry out their
obligations and requirements in accordance with this Agreement, each of which shall constitute a breach of this
Agreement. In such event, the terminating party shall give written notice to the intended terminated party explaining
the cause for termination thereby initiating the option to cure the default and take substantial steps to correct such
default within three (3) business days after receipt of notification. If the intended terminated party fails to take
substantial steps in the time allotted, the other party may immediately terminate this Agreement.
12 . DI SPUTE RESOLUTION
The parties agree that all claims, disputes, and other matters ("Claims") in question between the parties arising out of
or relating to this Agreement or breach thereof shall first attempt to be resolved between themselves including
escalating up to the appropriate levels of each party. If after thirty (30) business days the Claim remains unresolved,
then the parties agree to submit the Claim for confidential, non-binding mediation with both parties agreeing to the
mediator no later than forty-five ( 45) days after written agreement to engage in mediation. The fees and expenses of
the mediator shall be equally shared by both parties. Each party is responsible for their own costs, expenses, consultant
fees and attorney fees incurred in the presentation or defense of the Claims that is subject to mediation between the
parties. The parties agree to fully cooperate and participate in good faith to resolve the Claims. No written or verbal
representation made by either party in the course of any discussions attempting to resolve the Claims or other
settlement negotiations shall be deemed to be a party admission. Both parties agree that the choice of law shall be the
laws of the State of the KCI office executing the Agreement, regardless of any other choice of law provisions.
If mediation fails to resolve the Claims within six (6) months, the Claims shall be submitted for determination through
litigation in a court of competent jurisdiction in the County or City of the State of the KCI office executing the
Agreement. Prior to the exercise of this right, the party seeking judicial relief shall provide the other party thirty (30)
days' prior written notice before filing such judicial action.
13. CERTI FICATE OF MERIT
Either consistent with the applicable Certificate of Merit statute or pursuant to this Agreement, Client shall make no
claim (whether directly or in the form of a third-party claim) against KCI unless the Client shall have first provided
KCI with written certification executed by an independent engineer licensed in the State where the Services are being
performed, specifying each and every act or omission that the certifier contends constitutes a violation of the standard
of care consistent with Section 4, STANDARD OF CARE. Such certificate shall be provided thirty (30) days prior
to the presentation of any such claim or the institution of any dispute resolution process pursuant to Section 12,
DISPUTE RESOLUTION.
14. NON-DISCRIMINATI ON AND EQUAL EMPLOYMENT OPPORTUNITY
If applicable to the Services, KCI will comply with the requirements of 41 CFR §§ 60-1.4(a) and 41 CFR 60-741.S(a).
This regulation prohibits discrimination against qualified individuals on the basis of disability and prohibit
discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity,
national origin, or for inquiring about, discussing, or disclosing information about compensation. Moreover, these
regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance
in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national
origin, or disability.
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If applicable to the Services, KCI will comply with the requirements of 41 CFR §§ 60- l.4(a), 60-300.5(a) and 60-
741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected
veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color,
religion, sex, sexual orientation, gender identity, national origin, or for inquiring about, discussing, or disclosing
information about compensation. Moreover, these regulations require that covered prime contractors and
subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color,
religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability.
Contractor/subcontractor agrees to comply with all the provisions set forth in 29 CFR Part 4 71, Appendix A to Subpart
A (Executive Order 13496).
15. ASSIG NM EN T, DELEG ATI O N, AN D SU BCO NTRACT
Neither party may assign, delegate, or subcontract any portion of this Agreement without the prior written consent of
the other party , which shall not be unreasonably withheld. Any assignment, delegation, or subcontracting shall not
operate to relieve that party of performing its obligations and responsibilities per this Agreement. Any assignment,
delegation, or subcontract shall provide for and require the same protections as to the other party and levels of
performance at least equal to those provided for in this Agreement.
16. THI R D PA R TY BENEFIC IA RY
The parties agree that the Services performed by KCI pursuant to this Agreement are solely for the benefit of the
Client and are not intended by either party to benefit any other person or entity. To the extent that any other person
or entity, including but not limited to the project contractor and/or any of its subcontractors, is benefited by the Services
performed by KCI pursuant to this Agreement, such benefit is purely incidental and such other person or entity shall
not be deemed a third-party beneficiary to this Agreement.
17. FO RC E M A JEURE
If and to the extent that either party is prevented, precluded or hindered from performance under this Agreement by
force majeure circumstances, including acts of God, the elements, acts of terrorism, disease, viruses, pandemic,
epidemic, acts of governmental authorities, strikes, lockouts, casualties, or other similar or dissimilar causes beyond
its reasonable control, such perform ance shall be excused, but only for the time period and to the extent that such
performance is prevented, precluded or hindered by such causes. Time of performance of the party's obligations
hereunder shall be extended by a time period reasonably necessary to overcome the effects of such force majeure
occurrences.
18. NO TI CES
All notices shall be sufficient if delivered in person, or sent by certified mail receipt requested or email to the party's
designated recipient at the following:
AECOM:
Erik M. Alcantara, Client Service Manager/Senior PM, Water Business
2 Alhambra Plaza
Suite 900
Coral Gables, FL, 33134
305-444-4691
e1ik.alcantara@ aecom.com
KCI:
Benjamin Hoyle, PSM, Survey Practice Leader
1425 W. Cypress Creek Rd, suite 101
Fort Lauderdale, FL 33309
954-776-1616
Benjamin.Hoyle@ kci.com
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Unless otherwise identified above, Client agrees that the person executing this contract will be the designated recipient.
Notice will be considered made as of the date of actual delivery if in person, as of the date of the receipt if sent via
certified mail, or two (2) business days after the date of the email.
Changes in the designated recipient and/or contract information from the above will not be effective until such time
as written notice is provided to the other party in accordance with this Section 18.
19. MISCELLANEOUS
This Agreement and all the terms herein may only be amended, deleted, or otherwise altered by a written document
signed by KCI and Client.
The failure of either party to enforce or act upon any right afforded it by this Agreement shall not be deemed a waiver
of such right for future acts of a similar nature.
This Agreement shall be governed by the laws of the State of the KCI office executing the Agreement, regardless of
its or any other choice of law provisions.
Both parties agree that KCI is an independent contractor.
The whole and entire agreement of the parties is set forth in this Agreement and the parties are not bound by any
agreements, understandings, or conditions otherwise than as expressly set forth herein.
If any provision of this Agreement is deemed invalid, illegal or unenforceable in any jurisdiction, (i) such provision
will be deemed amended to conform to applicable laws of such jurisdiction so as to be valid and enforceable, or if it
cannot be so amended without materially altering the intention of the parties, it will be stricken; (ii) the validity,
legality and enforceability of such provision will not in any way be affected or impaired thereby in any other
jurisdiction; and (iii) the remainder of this Agreement will remain in full force and effect.
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