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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 $926,923.60. Exhibit B represents the breakdown of the tasks. AECOM - September 2023 Page 13 of 13 AE C O M T ech n lcat S erv ices , Inc. '"°' NAME; _ ..... Work Orde r~:Zori.1 {K-41 B n ln)Pre-On lgn lenolcfl ·-· ACTIV OY J~_(! {Modlllad V~M odelng ~ l"rlndpaMnO.r;,. ,roj,Kt M anagw A'.H tfl:a N l"rqect M ana ~• 0.•9!ott.rta Le lld .. nlorfrlg.,_, ,..,,_ s.n1orHyd~1stlls,11ww:._~rncl s.nlor Sc lfflll •1 ,,_,.., _ 200 .00 175.00 240 .00 150.0Q 125 .00 215.00 I 1 200 .00 I 1 185.0011 1 135.0011 1 80.001'~ HRS REV _ -~- REV HRS REV HRS REV HRS REV HRS REV HRS REV HRS REV HRS REV HRS REV HRS REV L.;,!!! OO..rDh1;:tl Tob~bsl Costs :ll:J:•~ ~ Tatal Raint.al Depd'I (810 7 inche$' 0.2 Rair!!:~_Distfibu!ion~nge .Qd ,il:e ?!pe Siles (Aller "'¢Iii~ to T_oll!!_Rainfill and Dislri bu ~J:l:za;;::_wtl) _No _v eloc;lty Dissi pat~ ""' " ..., 32 ..., 32 ..., 32 S<OO 32 .!!.!!!!!. S5.000 SS.600 2 SS.600 2 }5,600 2 ""' 32 ""' 32 ""'32 ""' 32 -~-~ ~ ~ "·"" ~ $4.,_800 ~ !!.:!!2. $1.&0 ~ ~!,_600 ~ ~ !!.U!l2. ~ 512~880 S0.00 $257.60 S0.00 5257.60 ~ ~ ~ ~ $13.137.60 ~:~ t::==Box ~ ~ SS,600 ~ ""'-'--" "·"" ~-~ ~ 51.600 l!.U!!2. S12~880 ~ ~ ~ $13.137.60 o.af~r.JFinishedAoorSev~ 0.9 jUDdateCostE~loftheModl"oedAl:ematrves ., $1,0401 40 ..., 32 SS.000 ., :SS,000 100 """ ' S7.000 2 $17,500 _____]_ ~~ S4 .eoo_l _?Q. ~ SS.000 SS,000 .!2. ,,. ~ 58,000 524,000 ~ ~ S71,6§Q_ S0,00 S307.fi0 S0.00 $569.60 SO_l!Q S1~433.20 ~ ~ $73~093.20 Prof!c:!M•naqefflfflt Pro/edManagement(SommaryTasJQ ,..1~L-~ S2_,600I 100 S4,800_J __ 3_5! S20}Xl01 80 s14 __ 0001 20 S4~800 .!!b.~JL.o_ ~.! !! !! !! !! !! !! !! ~ "' ~~ -""' $6,40011 300 $47,800 .!<>. 5209.793.60 S0.001 S!'.156.00f s.48.756.00 suoot 100 ~000180 !!!,_DOOi 20 S4,BOOI o .!<>. ~, 0 .!<>. ~L_~ .!<>. so .00 1 S956.00 I S48 ,7S6 .oo !~~l~atE!l!llnMrina I~ St.600 !!,_&001 a ~ ~I• ~ ,,,.,., .. St.200 s1.200 I o ~r¾ "·"" ....... S68 .25 7.50 so/ $68.257.SO so I ::~ I :~::I ::::: ni ph!C _SU rwy a nd M applrl,g '' ,., S1,400J 16 $3.8401 22 " Q S0.00 S:268.20 S13.67U0 S6.9.500.00 S0.00 S68,500.00 531.275.00 S0 .00 S.31.275.00 $24.000.00 S0 .00 $24.000.00 s1~J_J6 Sl~l .. 22 SJ~I» S3_,_7SO!I 0 SOI S123.7T5.DOI S26&.20f $137,453.20 .!'.!2Qll _5:4 jSubsurfaee Ubli!y tnvesb@bon (Util¢y Def,i, "'·"" ~rs106.810.00 S1068:::1. Sl::1 ~ 4.2 &:;i.;::~atlon {M$\ll'l\lftQSOtestholes' SOjS56,000.00 !1,4001 _16 S3~840 I. 22 Sl.3001 o ~JI 0 .!<>. ~H 4 S320ll S4 S!l.660f S112.870.oo .!<>. sol s::I u:I ,:·:: Tnk 5 ICotitaminatlon Annsmmt inalion As5ewnent (Summary TaMC' $1,600 S2_,_400 &®Jl .. :W S4~590 S12~290 S0.00 f $245.80 I S\2~535.BO ~I a $2,AOOI o _B.70011 :w .,,.,,., ,ndlnqOnlQn -~;_t'av~ " .S:C!l_µ' Sf,600 62 S3.200 26 ~800 __ 81 $10,850 26 S4.550 26 !15,400 ~~ S6.240 $6,240 12:5 S12.480 1~ 275 $18.750 , __ .!§§ !!!,_750 ~ $20 .750 ~[a ~l_o ~II o 22 "' ~...- ~ 391 SS,1;_665 379 $55,090 770 S109.7SS .!<>. $0.00 $1.093,30 555.758.30 S0.00 $1,101.80 $56,191.80 so.oo u .195.10 s111.tso .10 ~_H_td~_lir:;s{SummaryT~ "' _sof._20 ~ ~.,.,J.,_ fild!&J _ _g !!,_350 ~---..1§_ S10~080 ~· l!!Q .,,.., ~l-lli ~750 ~ ~~ ""·""' m,t00Lo ~11._o 7« st:!.lL~ ~ $130_,_1@! ::1 ~::!I ::~.::: Tad l jE mt ronrn1 nta lSU ~; 1:::~s:.: Boine!ed Bat .!l!!!! S,00 . ::1 ~ .!!!!!! ..., : I ~::11 ~ I !::: ~ '~ ~ $13.020 :: I ::: I ~:~:~~: 151220 1 Ul_,_122.20 ~-------- -- ·-- ~-- L!.~640._3<11 264 1,_s~~.00 630 lJ 110.250 .00 I 174 I_S_41,760 .00 IZ95 IS104 .250 .00 761 IS 95,12s.00 1j 1s2 jS32,680.ooll376 IS75.200?l.20 1 u .roo .oo ~- 1~4-~0£.l l ~L.! f!!.200 34:W IS560.805.00IS286,645.00l$68,257.50IS _,S3S4-!_02.50IS11.216.~IS!J26,923.60I 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 && 1"2(# 345+45653 72&8(# 9:;5 AM\ <"=( + >? + 7?&@(A"8(# <$555++9$!5 ?(( <!><>B"@C=(>B>@ 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. ---- ---- ---·-----!--- RISE TO THE CHALLENGE E111pluycc-Ow11cd Since 1988 WWW.KCI.COM 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 RISE TO THE CHALLENGE 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. RISE TO THE CHALLENGE WWW.KCI .COM 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 P a g e 5 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 ~---- -- --- RISE TO THE CHALLENGE WWW.KCI.COM 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. RISE TO THE CHALLENGE E111ploycc-Ow11ccl Siner 1988 - - ---·-- 4~~ --- - ·------ WWW.KCI.COM Pag e 8 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. f111pluycc-01v11cd Si11t'l' 1()88 RISE TO THE CHALLENGE W\VW.KCl.COM 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. E111ploycc-Ow11ccl Si11cc 1988 --------------- ------~-·--·- ----------- RISE TO THE CHALLENGE W W W .K C I.C OM 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 L111plo)'('(.·-Ow11ed Si llff 1 ()88 RISE TO TH E CHALLENGE W W W .KCI.COM P a g e 1 1 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 RISE TO THE CHALLENGE Employcc-Ow11ed Since 1988 --------- WW\ V. KC I.COM Page' 12 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. RISE TO TH E CHALLENGE [111ployc1:-01v11cd. i 11u: 1 '!88 W W W .KCI.COM P a g e 13 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 I:111plo)w-Ow11cd Si11i:c 1988 ---------------------------- -·---- ---- ----- ----------- R IS E TO TH E CHALLENGE WW\V.KCI.COM Page 14 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. [111plol'('c-01v11cd Sillff 1 <188 RISE TO THE CHALLENGE W\VW.KCI.COM <C ..., C cu E .c u R1 ..., ..., <C - C: Cl ) E .c ~ ~