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2001-016 Agrmnt. w/PBC re Northlake Blvd. Contract w/Redd• RESOLUTION 16-2001 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT ENTITLED "ASSIGNMENT" WITH THE CITY OF PALM BEACH GARDENS ATTACHED AS EXHIBIT "A", WHICH ASSIGNMENT AUTHORIZES VILLAGE AS AGENT FOR THE NORTHLAKE BOULEVARD TASK FORCE TO EXECUTE AN AGREEMENT WITH MICHAEL REDD & ASSOCIATES, P.A., FOR CONSTRUCTION DRAWINGS FOR THE NORTHLAKE BOULEVARD CORRIDOR STREETSCAPE AND TO ASSIGN SUCH CONTRACT TO THE CITY OF PALM BEACH GARDENS FOR PERFORMANCE AND ADMINISTRATION AS AGENT OF THE TASK FORCE; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Agreement entitled "Assignment" with the City of Palm Beach Gardens attached as Exhibit "A", which Assignment authorizes Village as agent for the Northlake Boulevard Task Force to execute an Agreement with Michael Redd & Associates, P.A., for construction drawings for the Northlake Boulevard Corridor Streetscape and to assign such contract to the City of Palm Beach Gardens for performance and administration as agent of the Task Force. Section 2. The Village Council does hereby authorize and direct the Mayor and Village Clerk to execute the Assignment for and on behalf of the Village of North Palm Beach. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 25th DAY OF JANUARY, 2001. (Village Seal) MAYOR . ATTEST: T/~.. ~ iJ1, ~~. J VILLAGE CLERK~T ASSIGNMENT THIS ASSIGNMENT is made and entered into this 15th day of February 2001, by VILLAGE OF NORTH PALM BEACH, a municipal corporation, hereinafter referred to as "VILLAGE" and CITY OF PALM BEACH GARDENS, a municipal corporation, hereinafter referred to as "CITY". WITNESSETH: WHEREAS, VILLAGE OF NORTH PALM BEACH, TOWN OF LAKE PARK, CITY OF PALM BEACH GARDENS, and PALM BEACH COUNTY entered into an Interlocal Agreement to form a task force known as the Northlake Boulevard Task Force; and WHEREAS, members of the Task Force serve as the agent of the Task Force on a rotating basis, whose duties include the executing and undertaking of performance of contracts on behalf of the Task Force; and WHEREAS, VILLAGE, as agent of the Task Force, sought requests for proposals during the calendar year 1999 for construction drawings for the Northlake Boulevard Corridor Streetscape; and WHEREAS, CITY is designated to serve as agent for the Task Force during the calendar year 2000 and authorized as agent by the Task Force to enter into an agreement with Michael Redd & Associates, P.A., for construction drawings for the Northlake Boulevard Corridor Streetscape; and WHEREAS, pursuant to the CITY's code of ordinances, the CITY cannot execute the contract with Michael Redd & Associates, P.A., as the VILLAGE and not the CITY conducted the process of requests for proposals; however, CITY is willing to take an assignment of such contract from the VILLAGE and perform the duties and obligations of the contract as agent for the Task Force. Assignment between Village of North Palm Beach and City of Palm Beach Gardens Page 2 NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: 1. VILLAGE and CITY agree that VILLAGE shall sign the agreement with Michael Redd & Associates, P.A., attached as Exhibit "A", which agreement is for the purpose of the Task Force obtaining construction drawings for the Northlake Boulevard Corridor Streetscape. 2. VILLAGE does hereby assign, transfer and set over unto CITY all rights and responsibilities of the agreement with Michael Redd & Associates, P.A., and CITY does hereby accept the assignment and agrees to perform the terms and provisions called for on the part of Task Force as its agent. IN WITNESS WHEREOF, VILLAGE and CITY have set their respective hands and seals on the day and year first above written. (Village Seaf) Attest: .~ ~ Village Clerc CITY OF PALM BEACH GARDENS • (City Seal) Attest: VILLAGE OF NORT ALM BEACH By: Mayor By: Mayor City Clerk Assignment between Village of North Palm Beach and City of Palm Beach Gardens • Page 2 NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: 1. VILLAGE and CITY agree that VILLAGE shall sign the agreement with Michael Redd & Associates, P.A., attached as Exhibit "A", which agreement is for the purpose of the Task Force obtaining construction drawings for the Northlake Boulevard Corridor Streetscape. 2. VILLAGE does hereby assign, transfer and set over unto CITY all rights and responsibilities of the agreement with Michael Redd & Associates, P.A., and CITY does hereby accept the assignment and agrees to perform the terms and provisions called for on the part of Task Force as its agent. IN WITNESS WHEREOF, VILLAGE and CITY have set their respective hands and seals on the day and year first above written. VILLAGE OF NORTH PALM BEACH (Village Seal) By: ` Mayor Attest: Village Clerk ' (City Seal) Attest: By: ~~ Ci y Jerk MICHAEL REDD • 8L ASSOCIATES, P.A. .Lfichae! T. Redo President February 5, 2001 Frank G. Baynhom, ice President FINAL PROFESSIONAL SERVICE AGREEMENT Mr. Dennis Kelly Village of North Palm Beach 501 US Highway One North Palm Beach, FL 33408 Re: Northlake Boulevard Construction Documents • Village of North Palm Beach • City of Palm Beach Gardens • Palm Beach County • Town of Lake Park Dear Mr. Kelly: We once again appreciate the opportunity of working with the Northlake Boulevard Corridor Task Force as your Professional Deslgn Consultants for the Northlake Boulevard Construction Drawings for Landscape, Streetscape & Furniture Project. This agreement covers the overall project area, the right-oi-way of Northlake Blvd. Corridor from U. S. Highway One to Military Trail including adjacent properties at the terminal intersections, encompassing approximatety 3.3 miles. All work is based on the approved Conceptual Streetscape Plan, dated June 18, 1999, the Supplemental Edition dated July 1999, as prepared by Michael Redd & Associates, P.A, and modified by governmental agencies and comments. The attached agreement consists of four (4) sections as outlined below: • Exhibit A: Standard Agreement Pages 2-10 • Exhibit B: Detailed Scope of Services Pages 11-18 • Exhibit C: Standard Hourly Rates Page 19 • Exhibit D: Project Time Schedule Pages 20-21 If you are in accordance with the contents of this professional service agreement and its attached exhibits, please sign and return the enclosed copy as it shall constitute our binding agreement. I am certainly available to discuss any questions you may have, and we look forward to having this opportunity to work with you again. Si 6rely wlichael T. Redd, ASLA President ,- ~u,, - v ~. ^ _ ^` :ter;; _ %., . ~,..`; .. ;r. .. _ ~:,. 631 U.S. Highway One. Suite 300 -A North Palm Beach, FL 33408 Voice: 561.863.2500 Fax: 561.863.2505 E-mail: ReddDlan~aol.wm • FINAL PROFESSIONAL SERVICE AGREEMENT Northlake Blvd. Construction Drawings February 5, 2001 EXHIBIT A STANDARD AGREEMENT MICHAEL REDD 6i ASSOCIATES, P.A. Between Village of North Palm Beach (Agent for the Northlake Boulevard Corridor Task Force) and Michael Redd d. Associates, P.A. This Is an agreement made as of between the Village of North Palm Beach (VILLAGE), an agent for the Northlake Boulevard Corridor Task Force (which consist of the Village of North Palm Beach, the Town of Lake Park, the City of Palm Beach Gardens, and Palm Beach County), Palm Beach County (COUNTI~, and Michael Redd 8 Associates, P.A. (CONSULTANT), a landscape architectural firm having an office and a place of business at 631 U.S. Highway One, Suite 300A, North Palm Beach, FL 33408. The VILLAGE intends to purchase professional services for the development of construction drawings for the Northlake Boulevard Corridor Streetscape, which is defined as Northlake Boulevard between Military Trail and U.S. Highway One including adjacent properties at the terminal intersections, hereinafter called the PROJECT. The VILLAGE and CONSULTANT in consideration of their mutual covenants herein agree in respect of the performance of professional services by the CONSULTANT and the payment for those services by the VILLAGE as set forth below. SECTION 1 -BASIC SERVICES OF CONSULTANT 1.1 General 1.1.1. The CONSULTANT shall pertorm professional services in connection with the PROJECT as hereinafter stated, more particularly described in Exhibit B: Detailed Scope of Services. 1.1.2. The CONSULTANT has, during the selection and negotiation process which has preceded this agreement, represented to the VILLAGE that the CONSULTANT possesses that level of skill, knowledge, experience, and expertise that is commensurate with professional firms of national repute in the areas of practice required for projects contemplated by this agreement. The CONSULTANT acknowledges that the VILLAGE has relied on the CONSULTANT'S representations of skill, knowledge, experience and expertise. By executing this Contract, the CONSULTANT agrees that the CONSULTANT will exercise that degree of care, knowledge, skill and ability as other landscape architects possessing the degree of skill, knowledge, experience and expertise which the CONSULTANT has claimed. The CONSULTANT shall pertorm such duties as may be assigned without neglect. The CONSULTANT accepts the relationship of trust and confidence established by this Contract and covenants with the VILLAGE to cooperate with the VILLAGE and to utilize the CONSULTANT'S best skill, efforts and judgment commensurate with professional firms of national repute in the areas of practice required for projects contemplated by this agreement. The CONSULTANT agrees to perform each assignment in an efficient and economical manner consistent with the VILLAGE'S interests and consistent with the VILLAGE'S stated objectives and recognized professional standards. 1.1.3. The CONSULTANT further contracts with the VILLAGE to furnish its professional skill and judgement with due care in accordance with applicable Federal, State and Local laws, codes and EXHIBfT A 2 of 2t • • f1NAL PROFESSIONAL SERVICE AGREEMENT Norihlake BNd. ConstruGion Drawings February 5, 2001 MICHAEL REDD 6i ASSOCIATES, P.A. regulations as amended and supplemented which are in effect on the date of this Agreement first written. It is specifically understood that the Accessibility provisions of the Americans With Disabilities Act (ADA) shall be complied with and Incorporated into the PROJECT. 1.1.4. The CONSULTANT shall comply with FDOT Index 546 & Highway Landscape Design Guide and Palm Beach County "Streetscape Standards" Manual in the preparation of all plans and related documents. 1.1.5. The CONSULTANT shall not be responsible for the means, methods, techniques, sequences and operations of construction or safety precautions and programs except as provided in this Standard Agreement. SECTION 2 -VILLAGE'S RESPONSIBILITY The VILLAGE shall do the following in a timely manner so as not to delay the services of CONSULTANT. 2.1. The Director of Public Services for the Villsge of North Palm Beach (or his/her designee) shall act as the VILLAGE'S representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the VILLAGE policies and decisions with respect to the CONSULTANT'S services for the PROJECT. 2.2. Assist the CONSULTANT by placing at the CONSULTANT'S disposal all available information to the VILLAGE pertinent to the PROJECT Including previous reports and any other data relative to design or construction of the PROJECT. 2.3. Give fifteen (15) calendar days written notice to the CONSULTANT whenever the VILLAGE observes or otherwise becomes aware of any development that affects the scope or timing of the CONSULTANT'S services, or any defect or non-conformance in the work of any contractor, including CONSULTANT. SECTION 3 -PERIODS OF SERVICE 3.1 This is an Agreement for Professional Landscape Architectural services. This Agreement will commence on the day and year first written above and end 365 calendar days from date of contract signing. At the option of both parties, the Agreement can be extended, if agreed in writing by both parties. 3.2 PROJECT milestones in the overall contract schedule are defined as follows: 1. Surveying 75% (complete) 2. Construction Drawings 10% (complete) • Base Sheets/Surveying 100% (complete) • Schematic Drawings • Street Icons 3. Construction Drawings 20°h (complete) • Meeting Series 1 4. Construction Drawings 40% (complete) 5. Construction Drawings 60% (complete) 6. Construction Drawings 80% (complete) 7. Cost Estimates 100% (complete) • Phasing Plan F~CHIBff A 3of21 FINAL PROFESSIONAL SERVICE AGREEMENT MICHAEL R.EDD Northlake BNd. Construdion Drawings February 5, 2001 6t ASSOCIATES, P.A. • 8. Final Construction Drawings 90% (complete) • Meeting Series 2 9. Permit Application Submittals 75% (complete) • Meeting 3 10. Permit Revisions 100% (complete) • Construction Drawings 100°h (complete) 11. Final Plan Submittal • Contract Bid Documents 100% (complete) 12. Final Payment • (10°,G wNhhald from each prevbus milestone) SECTION 4 • PAYMENTS TO CONSULTANT 4.1. Methods of Payment for Services and Expenses of CONSULTANT. 4.1.1. Basic Service: The VILLAGE will pay the CONSULTANT a fixed fee for the completion of the basic services set forth in Exhibit "B", based upon ten percent (10°~) of the projected construction costs as previously presented to the Northlake Boulevard Corridor Task Force. The fee for Civil Engineering services is based on a lump sum for the potential median closings outlined in Exhibit B, Section 13: Civil Engineering. 4.1.2. Additional Services: Additional services beyond the Basic Services set forth in Exhibit "B" must be authorized in writing by the VILLAGE prior to the initiation of work by the CONSULTANT on said services. The costs for said additional services shall be based on the standard hourly rates set forth in Exhibit "C°. Additional services for Civil Engineering of median closings will be billed as lump sums based upon an average per median closing of the initial fees. 4.2. Payments 4.2.1 Invoices shall be submitted by the CONSULTANT for all portions of work completed for each milestone of work based on the rates listed in "Exhibit B" 4.2.2 Payments to the CONSULTANT shall be in accordance with the Florida Prompt Payment Act. All services must be approved and accepted by the VILLAGE prior to payment. 4.2.3 Ten percent (10%) of the overall contract will be retained by the VILLAGE for final payment. 4.3. Other Provisions Concerning Payments Records of CONSULTANT'S Salary Costs pertinent to CONSULTANT'S compensation under this Agreement will be kept in accordance with generaly accepted accounting practices. Copies will be made available to the VILLAGE on request prior to final payment for CONSULTANT'S services. SECTION 5 -GENERAL CONSIDERATION 5.1. Termination • This Agreement may be canceled by the CONSULTANT upon thirty- (30) days prior written notice to the VILLAGE'S representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Agreement through no fault of the CONSULTANT. It may also be terminated, in whole or in part, by the VILLAGE with or without cause, immediately FXHIBff A a or zt r 1 u FlNAL PROFESSIONAL SERVICE AGREEMENT Northlake BNd. Construction Drawings February 5, 2001 MICHAEL REDD 6z ASSOCIATES, P.A. upon written notice to the CONSULTANT. Upon any such termination, the CONSULTANT hereby waives any claims for damages from such termination, including but not limited to loss of anticipated profits, on account thereof. Unless the CONSULTANT is in breach of this Agreement, the CONSULTANT shall be paid for services rendered to the VILLAGE'S satisfaction through the date of termination. The VILLAGE agrees to provide MRAPA a letter of termination without prejudice should the VILLAGE decide to not complete the project due to reasons of funding or a change in legislative mandate. After receipt of a Termination Notice and except as otherwise directed by the VILLAGE the CONSULTANT shall: 5.1.1. Stop work on the date and to the extent specified by the VILLAGE. 5.1.2. Terminate and settle any orders and subcontractors relating to the pertormance of the terminated work. 5.1.3. Transfer all work in process, completed work, and other materials related to the terminated work to the VILLAGE. 5.1.4. Continue and complete all parts of the work that have not been terminated. 5.2. Disclosure and Ownership of Documents 5.2.1. The CONSULTANT shall deliver to the VILLAGE'S representative for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by and for the VILLAGE under this Agreement. 5.2.2. All written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the VILLAGE or at its expense will be kept confidential by the CONSULTANT and will not be disclosed to any other party, directly or indirectly, without the VILLAGE'S prior written consent unless required by a lawful order: in which case, the CONSULTANT shall notify the VILLAGE. 5.2.3. The VILLAGE and the CONSULTANT shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). 5.2.4. All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, Including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. 5.3. Insurance 5.3.1. The CONSULTANT shall not commence work under this Agreement until it has obtained all insurance required under this section and such insurance has been approved by the VILLAGE / COUNTY. 5.3.2. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the VILLAGE I COUNTY representative prior to the commencement of operations. The Certificates shall clearly indicate that the CONSULTANT has obtained Insurance of the type, amount, and classification as required for strict compliance with this paragraph and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the VILLAGE / COUNTY representative. Compliance with the foregoing requitement shall not relieve the CONSULTANT of its liability and obligations under this Agreement. EXHIBIT A 5ot21 • LJ FINAL PROFESSIONAL SERVICE AGREEMENT Northlake BNd. Construction Drawings February 5, 2001 5.3.2. Certificates of Insurance MICHAEL REDD 6i ASSOCIATES, P.A. 5.3.2.1. CONSULTANT shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverages and limits (including endorsements), as described herein. The requirements contained herein, as well as VILLAGE / COUNTY's review or acceptance of insurance maintained by CONSULTANT are not Intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by CONSULTANT under the contract. 5.3.2.2. Immediately following notification of the award of this Contract, CONSULTANT shall deliver to the VILLAGE I COUNTY a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverages required by this Contract have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall Include a minimum thirty-(30) day endeavor to notify due to cancellation or non-renewal of coverage. 5.3.3. Professional Liability: CONSULTANT shall maintain Professional Liability, not less than $1,000,000 Per Occurrence. When aself-Insured retention (SIR) or deductible exceeds $10,000, VILLAGE I COUNTY reserves the right, but not the obligation, to review and request a copy of CONSULTANT's most recent annual report or audited financial statement. For policies written on a "Claims-Made" basis, CONSULTANT shall maintain a Retroactive Date prior to or equal to the effective date of this Contract. In the event the policy is canceled, non-renewed, switched to an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a Supplement Extended Reporting Period (SERP) during the life of this Contract, CONSULTANT shall purchase a SERP with a minimum reporting period not less than 3 years. CONSULTANT shall provide this coverage on a primary basis 5.3.4. Commercial General Liability CONSULTANT shall maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability. CONSULTANT shall provide this coverage on a primary basis. 5.3.5. Business Automobile Liability CONSULTANT shall maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence for all owned, non-owned and hired automobiles. In the event CONSULTANT doesn't own any automobiles, the Business Auto Liability requirement shall be amended allowing CONSULTANT to agree to maintain only Hired 8 Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. CONSULTANT shall provide this coverage on a primary basis. 5.3.6. Worker's Compensation Insurance & EmDlovers Liability CONSULTANT shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statute Chapter 440. CONSULTANT shall provide this coverage on a primary basis. 5.3.7. Additional Insured CONSULTANT shall endorse the VILLAGE /COUNTY as an Additional Insured with CG 2026 Additional Insured -Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees and Agents and the Village of North Palm Beach', a municipal corporation organized and listed under the laws of the State of Florida, its officers, employees, and agents. CONSULTANT shall provide the Additional Insured endorsements coverage on a primary basis. EXHIBIT A 6 0121 • FINAL PROFESSIONAL SERVICE AGREEMENT Northlake BNd. Construction Drawings February 5, 2001 MICHAEL REDD dt ASSOCIATES, P.A. 5.3.8. Waiver of Subroaration CONSULTANT hereby waNes any and all rights of Subrogation against the VILLAGE I COUNTY, their officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into apre-loss agreement to waive subrogation without an endorsement, the CONSULTANT shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONSULTANT enter Into such anagreement on apre-loss basis. 5.3.9. Umbrella or Excess Liability. If necessary, CONSULTANT may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest 'Each Occurrence' limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. The VILLAGE /COUNTY shall be specifically endorsed as an `Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow- Form' basis. 5.4 Indemnification 5.4.1 CONSULTANT shall protect, defend, reimburse, indemnify and hold VILLAGE, their agents, employees, and elected officials harmless from and against all claims, liability, expense, loss, cost, damages, or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during and as a result of their pertormance of the terms of this Contract or due to the acts or omissions of CONSULTANT. 5.5 Controlling Law (Remedies) This Contract shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. C~ 5.6 Successors and Assigns 5.6.1. The VILLAGE and the CONSULTANT each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Neither the VILLAGE nor the CONSULTANT shall assign, sublet, covey or transfer its Interest in this Contract without the prior written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and the CONSULTANT. 5.6.2. Nothing contained in this paragraph shall prevent the CONSULTANT from employing such independent professional associates and consultants as the CONSULTANT may deem appropriate to assist in the performance of services hereunder. 5.6.3. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the VILLAGE and the CONSULTANT, and all duties and responsibilities FXHIBff A 7 of 21 FlNAL PROFESSIONAL SERVICE AGREEMENT NoAhlake Blvd. Conslrudion Drawings February 5, 2001 MICHAEL: REDD ~ ASSOCIATES, P.A. undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the VILLAGE and the CONSULTANT and not for the benefit of any other party. 5.7 Subcontracting 5.7.1. The VILLAGE reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Contract. The CONSULTANT is encouraged to seek minority and women business enterprises for participation in subcontracting opportunities. 5.7.2. If a subcontractor fails to perform or make progress, as required by this Contract, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new subcontractor by the VILLAGE. 5.7.3 Percentage of overall work production anticipated per each subcontractor can be defined as follows: 1. Surveyor 10% 2. Electrical Engineer 2% 3. Cost Estimator 3% 4. Irrigation Engineer 15% 5. Civil Engineer 10% Total: 40% 5.8 Personnel 5.8.1. CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. 5.8.2. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE or any member of the Northlake Boulevard Corcidor Task Force. All of the services required herein shall be performed by the CONSULTANT or under its supervision, and all personnel engaged in pertorming the services shall be fully qualified and, if required, licensed or permitted under state and local law to perform such services. 5.8.3. The CONSULTANT warrants that all services shall be performed by skilled and competent personnel in accordance with all applicable national, federal, state, and local professional and technical standards. 5.9 Conflict of Interest 5.9.1. The CONSULTANT shall promptly notify the VILLAGE'S representative, in writing, by certified mail, of all potential cenflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence the CONSULTANT'S judgement or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the CONSULTANT may undertake and request an opinion of the VILLAGE as to whether the association, interest or circumstance would, in the opinion of the VILLAGE, constitute a conflict of interest if entered into by the CONSULTANT. 5.9.2. The VILLAGE agrees to notify the CONSULTANT of its opinion by certified mail within thirty (30) days of receipt of notification by the CONSULTANT. If, in the opinion of the VILLAGE, the F~CHIBfT A Bof21 FINAL PROFESSIONAL SERVICE AGREEMENT Northlake BNd. Construction Drawings February 5, 2001 MICHAEL R.EDD 6z ASSOCIATES, P.A. prospective business association, Interest or circumstance would not constitute a conflict of interest by the CONSULTANT, the VILLAGE shall so state in the notification and the CONSULTANT shall, at its option, enter Into said association, Interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the VILLAGE by the CONSULTANT under the terms of this Agreement. 5.10. Independent Contractor Relationship The CONSULTANT and subconsultants are, and shall be, in the performance of all work services and activities under this Agreement, Independent Contractors, and not employees, agents, or servants of the VILLAGE. The CONSULTANT does not have the power or authority to bind the VILLAGE in any promise, agreement or representation other than specifically provided for in this Agreement. The CONSULTANT shall be responsible to the VILLAGE for all the work or services performed by the CONSULTANT or any person or firm engaged as a subconsultant to perform work in fulfillment of this Agreement. 5.11. Access and Audits The CONSULTANT shall maintain adequate records to Justify all charges, expenses, and costs incurred in estimating and pertorming the work for at least three (3) years after completion of this Agreement. The VILLAGE shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CONSULTANT'S place of business. 5.12. Entirety of Contractual Agreement The VILLAGE and the CONSULTANT agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written Instrument executed by the parties hereto. 5.13. During the term of this Contract, the VILLAGE may require professional services that are the same or similar to those described in this agreement. The VILLAGE may, at its sole discretion, obtain said services in accordance with the State of Florida Consultants Competitive Negotiation Act. If the VILLAGE so elects, it is mutually understood that the relationship between the CONSULTANT and the VILLAGE under this Contract shall be considered as neither barring the CONSULTANT from, nor granting special consideration to the CONSULTANT in participating in the selection process for a consultant to provide such additional services. SECTION 6 • SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES 6.1 Federal & State Tax 6.1.1. CONSULTANT shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes, and benefits with respect to this Agreement. 6.2. The following Exhibits are attached to and made a part of this Agreement. 6.2.1. Exhibit B: Further description of basic professional services, fees, and related matters consisting • of 8 page(s). 6.2.2. Exhibit C: Michael Redd 8 Associates, P.A. Standard Hourly Rates consisting of 1 page(s). FXHI6Ff A 9 or 27 FINAL PROFESSIONAL SERVICE AGREEMENT MICHAEL REDD Northlake BNd. Construction Drawings February 5, zoos 6t. ASSOCIATES, P.A. • 6.2.3 Exhibit D: Project Time Schedule of the Northlake Boulevard Corridor consisting of 2 pages 6.3. This Agreement (consisting of pages 2 to 10, Inclusive), together with the Exhibits and Schedules identified above constitute the entire agreement between VILLAGE and CONSULTANT and supersede all prior written or oral understandings. This Agreement and said Exhibits and Schedules may only be amended, supplemented, modified or canceled by a duly executed written Instrument. IN WITNESS WHEREOF, the parties have made and executed this Agreement as of the day and year first above written. NORTHLAKE BOULEVARD TASK FORCE BY ITS AGENT: VILLAGE OF PALM BEACH GARDENS B Mr. Josep A. ringali Mayor ATTEST: BY: VIL E CLERK APPROVED AS TO FORM AND LE L SUFFICIENCY BY: / VIL E ATT NEY CONSULTANT: MICHAE REDD dr ASSOCIATES, P.A. BY Michael T. Redd, A President ., _ f1 J i _ % r; [j '. ~~ ~~ ,, a.vi:=~ FXHIBFF A 70 or 21 • FINAL. PROFESSIONAL SERVICE AGREEMENT Northlake Blvd. Conslrudion Drawings February 5, 2001 EXHIBIT B DETAILED SCOPE OF SERVICES MICHAEL REDD Sz ASSOCIATES, P.A. SECTION 7 -GENERAL PROJECT DESCRIPTION AND AREAS OF RESPONSIBILITY 7.1. Professional services will be provided for Public lands owned by the four Jurisdictions and contemplated private lands as described below. 7.1.1. Design of pedestrian amenities for (7.1) include: • Lighting • Streetacapa kons • Sidewalk & crosswalk paving Curbing • Landscape planting paying • Street rurnltura . gagrryp • Irrigation/hose bibs • Median Modifkations • Signage (ID) and Banners Demolition • Hardscepe (specialty paving) 7.1.2. Related engineering includes: • Base surveying (horizontal 8 vertical) supplementing previous work • Electrical (for permanent 8 occasional uses) • Coordination and interfacing with Seacoast Utility Authority on Public's water and sewer design • Assessment of permitting requirements • Curb/median and paving revisions 7.1.3. The CONSULTANT will utilize the following sub-consultants to provide input into appropriate PROJECT phases as necessary. 1. Surveyor: To perform R.O.W. surveys to continue verification of existing conditions. 2. Electrical Engineer: To verify and design electrical requirements for infrastructure improvements such as street and pedestrian lighting. , 3. Cost Estimator: To provide detailed cost analysis and value engineering for the "Statement of Probable Construction Cost and Construction Schedule". 4. Irrication Encineerinc: To provide complete design services for a complete automatic irrigation system. 5. Civil Enoineer: To provide site and civil engineering and permitting services (not including underground water and sanitary utility works) as outlined in this Agreement. SECTION 8 -SURVEYING 8.1. Based on the approved Conceptual Streetscape Plan and any further adjustments in the scope or quality of the PROJECT, the CONSULTANT'S surveyor shall prepare a professional survey • consisting of data setting forth in detail the existing elements and conditions within the street right-of-way, necessary for the design and construction of the PROJECT. EXHIBIT B tt of 21 FlrtnL PROFESSIONAL SERVICE AGREEMENT MICHAEL REDD Northlake Blvd. Construction Drawings February s, toot 6z ASSOCIATES, P.A. • SECTION 9 -CONSTRUCTION DOCUMENTATION 9.1. Based on the approved Conceptual Streetscepe Plan as modified by govemmental agencies and comments and any further adjustments in the scope or quality of the PROJECT, the CONSULTANT shall prepare, for approval by the VILLAGE, construction documents consisting of drawings and specifications for landscaping, streetscape median revisions, and furniture setting forth in detail the requirements for construction of the PROJECT within the street right-of- way. 9.1.1. CONSULTANT shall provide the VILLAGE with ten (10) complete sets of said Contract Documents for Bidding purposes, including one (1) complete set of reproducible mylars or vellums, as well as in a digital format. (ACAD R14) 9.1.2. The CONSULANT shall prepare a landscapefirrigation maintenance manual making recommendations for the general maintenance of the streetscepe. Issues addressed would be schedules for mowing, fertilizer applications, re-mulching, pruning, etc., as well as the general maintenance of the irrigation system. SECTION 10 -CONSTRUCTION BID DOCUMENTATION 10.1. The CONSULTANT shall assist the VILLAGE in the preparation of the necessary bidding forms, the General Conditions of a construction conVact, and the Form of Agreement between the VILLAGE and the construction contractor. 10.1.1. CONSULTANT shall prepare for VILLAGE a schedule of bid items in 'bid-form° format. 10.1.2. VILLAGE shall have the responsibility to seek such attorneys plus additional counsel as it deems necessary to fully protect it in the negotiation process. 10.1.3. CONSULTANT shall not be liable to VILLAGE to determine the financial capability of the Contractor. SECTION 11 -PERMITTING /GOVERNMENTAL APPROVALS 11.1. CONSULTANT shall assist the VILLAGE with the preparation of applications in connection with the VILLAGE'S responsibility for Bling documents required for approval of governmental authorities having jurisdiction over the PROJECT. 11.1.1. CONSULTANT will be the VILLAGE'S agent to prepare and submit and 'walk through° all permit applications. 11.1.2. CONSULTANT shall identify those government and other agencies needing to be contacted for permitting. The agencies shall include, but not be limited to all four jurisdictions, FDOT, FPL, Seacoast Utilities, Bell South, cable, gas, and others. SECTION 12 -COST ESTIMATING /PHASING 12.1. CONSULTANT shall provide to the VILLAGE a recommended construction phasing schedule with a statement of estimated construction cost for each phase and an estimated construction schedule; all based on the CONSULTANT'S drawings and specifications. The phasing system EXHIBff B 12 of 2i FlNAL PROFESSIONAL SERVICE AGREEMENT MICHAEL REDD Northlake BNd. Construction Drawings February 5, 2001 6t ASSOCIATES, P.A. • shall be mutually agreed upon by the VILLAGE and the CONSULTANT prior to execution of the Agreement with the Contractor. 12.2. Upon completion of the construction document phase, the VILLAGE shall retain the services of an independent cost estimator to analyze the proposed cost of construction for the Corridor. Based on the resulting estimate, the CONSULTANT'S fees will be adjusted up or down to reflect ten percent (10%) of the estimated construction cost. This fluctuation does not include the fees associated with Task 13.0: Civil Engineering. SECTION 13 -CIVIL ENGINEERING 13.1 CONSULTANT shall prepare construction documents, drawings, design, and civil engineering for construction necessary to implement the potential median closings. These services do not include the civil engineering proposed or restriping of existing travel or turn lanes not associated with particular median closings. 13.2 CONSULTANT fees are based upon the following portential general median closings and changes as provided by the PBC Traffic Division. Revisions to the medians east of Alternate A1A will require FDOT review and approval. Coun 1. Expansion to the median immediately west of I-95 at interchange 2. Expansion to the median immediately east of I-95 at Interchange 3. Expansion of median at the Sand Tree Drive intersection 4. Major median creation and expansion at Lyndall Lane intersection State 5. Closing of median immediately east of Prosperity Farms Road 6. Closing of median immediately east of the North Lake bridge 7. Closing of median in front of Goodyear Auto 8. Closing of median in front of Florida Design Center (includes closing of a turn lane) 13.2.1 If during the design phase of this agreement, the number of potential median closings requested by the Task Force, governmental jurisdictions, or traffic agencies change, the proposed fees will be revised to reflect the average fee per median closing SECTION 14 -MEETINGS 14.1 Staff Meetings -Meetings with the Staff Members of each Jurisdiction at the request of Staff and/or CONSULTANTS. 14.1.1 Meetings with staff members of the individual Jurisdictions will occur as a group session during regular business hours. All four (4) jurisdictions should be represented to be in compliance with this contract. 14.1.2 Meetings with permitting agencies and effected utility companies are considered within the services of this agreement, and will occur during regular business hours. • 14.2 Meeting Series 1 -Presentation to Task Force preliminary schematics of the proposed construction drawings, resulting impacts and required changes. (Maximum three [3] meetings.) FXI IIBfT B 73 of 21 FINAL PROFESSIONAL SERVICE AGREEMENT MICHAEL REDD Northlake Blvd. Construdion Drawings February 5, toot 8t ASSOCIATES, P.A. • 14.3 Meeting Series 2 -Approval by Task Force of final construction drawings of the streetscepe and furniture. (Maximum three [3) meetings.) 14.4 Meeting 3 - Presentation of final construction drawings of the streetscepe and furniture to a combined gathering of the four (4) governing bodies of the Task Force in a central location. (1 meeting) 14.4.1. The presentation of the approved Construction Drawings will be one (1) work product and not jurisdiction specific. 14.4.2. Revisions to the Construction Drawings after Meeting #2 approvals and/or permit approvals, as a result of subsequent Task Force or Jurisdictional meetings and/or design changes, are to be considered in addition to the resulting contract and will be billed hourly based according to the CONSULTANT's Standard Hourly Rates as outlined in Exhibit'C'. 14.5 Additional Meetings 14.5.1. All CONSULTANT appearances at public meetings of Task Force members to amend regulations to comply with the corridor plan shall be to the account of the individual agencies and shall not be included in the expense of the plan. 14.5.2. CONSULTANT shall attend only those public meetings outlined in this contract and shall be compensated for, with the exception of Task Force VILLAGE staff meetings as required by the VILLAGE. Any additional meetings shall be authorized prior to compensation. These meeting will be billed hourly based according to the CONSULTANT'S Standard Hourly Rates as outlined in Exhibit'C'. Examples of additional meetings would Include the following: • Non-quorum task force and/or staff meetings • Meetings requested by individual jurisdictions SECTION 15 -CONSTRUCTION ADMINISTRATION 15.1. Due to the variety of unknowns prior to the design of the streetscepe, the CONSULTANT will define elements of this task under a separate agreement with the VILLAGE prior to the commencement of Work. Therefore, this task is not considered part of this overall agreement. 15.2. CONSULTANT will allocated a certain number of person-hours for construction meetings and site visits to take place during construction to become generally familiar with the progress and quality of the WORK and to determine in general If the WORK Is proceeding in accordance with the Contract Documents. 15.2.1 Based on the assumption that the WORK will be completed with a smooth transition of progress, the estimated fees for Construction Administration would be between $12,000 and $14,000. (135 -155 person hours Q $90/hr. _ $12,000 - $14,000) SECTION 16 -FINAL WORK PRODUCT 16.1 The final document will consist of written and graphic elements necessary for construction, consisting of the following: • Permitable Construction Documents at 1"=30'. • Construction Material Specifications F~CHIBfT B 14 of 21 FINAL PROFESSIONAL SERVICE AGREEMENT MICHAEL REDD Northlake BNd. Construdion Drawings February 5, zool 6t ASSOCIATES, P.A. • Product Sample Sheets /Boards • Bidding Documents • Cost Estimates • Summary /Results of Meetings 16.1.1 The Construction Drawings will be professionally prepared necessary for permitting approvals and final implementation. 16.1.2 The Construction Drawings will contain an inventory for the proposed design elements and specifications. 16.2 Ten (10) Signed & Sealed Sets of Construction Drawings, prepared at a permittable scale, will be delivered to the VILLAGE. Additional copies would be the responsibility of the VILLAGE. However, CONSULTANT agrees to sign and seal the additional copies as needed. 16.3 One (1) original set of mylars or vellums of the Construction Drawings, as well as in a digital format (Aced R14),will be provided to the VILLAGE at the completions of the PROJECT. Revisions to these drawings after delivery are not the responsibility or liability of the CONSULTANT. SECTION 17- REIMBURSABLE EXPENSES 17.1.1 All items listed are to be paid by the CONSULTANT or referred to the VILLAGE for in-kind matches. These items are to be Included as part of the contract cost of (5288,585.00) and are not to be considered separate costs except in the case of draft documents that are larger that 11' x 17° and are requested by the VILLAGE. • Photography/developing Mailings/postage • Maps • DelNery • Printing (copies of reports) • Spadalized materials • Blueprint / graphb reproductions Publicatbns SECTION 18 -FEES 18.1 The VILLAGE agrees to pay CONSULTANT compensation for its services under the terms of this Agreement a fee for each task described below. OVERALL CONTRACT TASK BILLINGS 8.0 SURVEYING 553,250.00 9.0 CONSTRUCTION DOCUMENTATION E740,b35.00 10.0 CONSTRUCTION BID DOCUMENTATION 513,250.00 11.0 PERMITTING /GOV. APPROVALS 526,250.00 12.0 COST ESTIMATING /PHASING 513,250.00 13.0 CIVIL ENGINEERING S2g,g00,00 (based on potential median dosings provided by PBC Traffic) 14.0 MEETINGS 513,250.00 SUBTOTAL: (100%) (5288,685.00) 15.0 CONSTRUCTION ADMINISTRATION to ba quoted Additional (+/.I.By,) (E74,gOp,00) • TOTAL: (+/.104.8%) 5302,685.00 EXHIBIT B 15 of 21 FlNAL PROFESSIONAL SERVICE AGREEMENT Northlake BNtl. Construction Drawings February 5, 2001 MICHAEL REDD 6z ASSOCIATES, I? A. 18.1.1. The Tasks listed above will be billed monthly corcasponding with the satisfactory completion of • the milestone at the time of billing as outlined below: Less 70 1. Surveying 75% (complete) $ 39,937.50 $3,993.75 2. Construction Drawings 10°h (complete) $ 30,246.00 $3,024.60 • Base Sheets/Survey 100% (complete) • Schematic Drawings • Street Icons 3. Construction Drawings 20% (complete) $ 21,350.16 $2,135.02 • Meeting Series 1 4. Construction Drawings 40% (complete) $ 33,867.00 $3,386.70 5. Construction Drawings 60% (complete) $ 33,867.00 $3,386.70 6. Construction Drawings 80% (complete) $ 33,867.00 $3,386.70 7. Cost Estimates 100% (complete) $ 13,250.00 $1,325.00 • Phasing Plan 8. Final Construction Drawings 90°k (complete) $ 21,350.17 $2,135.02 • Meeting Series 2 9. Permit Application Submittals 75°~ (complete) $ 24,104.17 $2,410.41 • Meeting 3 10. Permit Revisions 100°h (complete) $ 23,496.00 $2,349.60 • Construction Drawings 100°k (complete) 11. Final Plan Submittal $ 13,250.00 $1,325.00 • Contract Bid Documents 100°~ (complete) 12. Final Payment $ 28,858.50 • (10°/a withheld from each previous milestone) Total Billing $ 288,585.00 18.1.2. Final billing of the 10°/a withheld from the overall PROJECT will commence upon the delivery of the final report to the Task Force. (Milestone #12) 18.1.3. Task 15- Construction Administration will be quoted under a separate agreement prior to the commencement of construction and is not considered part of this overall contract. Figures listed within 18.1 represent an estimated fee based on projected man-hours for the task with regard to current rates, scope of services, etc. 18.1.4. The fees shown above are based on ten percent (10%) of the preliminary cost estimate and previously presented to the Northlake Boulevard Corridor Task Force. The fee for Civil Engineering services is based on a lump sum for the potential median closings outlined In Exhibit B, Section 13: Civil Engineering. 18.1.5. After the completion of Section 12.2, the fees will be adjusted accordingly to reflect ten percent (10%) of the estimated construction cost. 18.2 The figures listed above are subject to discussion and change if the development program drastically changes during the services of this agreement. 18.3 The completion date proposed for this contract is 365 calendar days from the date of receipt of a signed contract. 18.4 CONSULTANT reserves the right to submit work done on this PROJECT for landscape • architecturaV planning design awards and for general public relations purposes. EXHIBIT B ~s orz~ FlNAL PROFESSIONAL SERVICE AGREEMENT MICHAEL REDD Nonhlake BHd. Construction Drawings February 5, 20111 6z ASSOCIATES, P.A. • 18.5 Revisions to Drawings, Specifications or other documents required by Permitting Agencies for construction approvals are the responsibility of the CONSULTANT and are included in this agreement. SECTION 19 -MISCELLANEOUS 19.1 The CONSULTANT will coordinate the Task Force members' staff and present the Construction Drawings at all public meetings. Deliverables: • Minutes to meetings (meeting summaries) • Meeting agendas • Reduced Drawings (Draft Quality) 19.2 Stall of Task Force members will assist in the provision of existing data and analysis data necessary to undertake the PROJECT's goals and objectives. Existing data and anaysis will be used whenever possible. 19.3 Optional Additional Services 19.3.1. Revisions to Drawings, Specifications or other documents when such revisions are inconsistent with approvals or instructions previously gNen by the Task Force, that are required by the enhancement of revisions of codes, laws or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of CONSULTANT will be billed at CONSULTANT's Standard Hourly Rates (See Exhibit'C') or as discussed upon authorization. 19.3.2. Additional services for the Task Force not Included in this proposal will be billed at CONSULTANT'S Standard Hourly Rates (See Exhibit C) or as discussed upon authorization. 19.3.3. All public and client meetings outlined within this proposal (Section 14) are included within this contract. Meetings in addition to the resulting contract and will be billed hourly based according to the CONSULTANT's Standard Hourly Rates as outlined in Exhibit'C'. 19.3.4. Revisions to the final Construction Orawings after approval of the Task Force (Meeting Series # 2 -Task 14.3) as a result of meetings and/or design changes are to be considered in addition to the resulting contract and will be billed hourly based according to the CONSULTANT's Standard Hourly Rates as outlined in Exhibit'C'. 19.3.5. Revisions due to additional median closings not outlined within this agreement will be billed in lump sums to reflect the average fee per median closing as previously stated. SECTION 20 -NOT INCLUDED IN THIS PROPOSAL 20.1 Other Meetings -All CONSULTANT appearances at public meetings of Task Force members to amend construction drawings shall be to the account of the individual agencies and shall not be included in the expense of this PROJECT. 20.2 The following items or issues are not included in the professional services of this contract: . Mobilization, Bond, Insurance, etc. • Street resurfacing/restriping • Public zoning workshops and approval meetings or presentations after Task Force approval. F~CHIBff B t7 or 21 • • FINAL PROFESSIONAL SERVICE AGREEMENT Northlake Blvd. Construction Drawings February 5, 2001 MICHAEL REDD 6i ASSOCIATES, P.A. • Substantial changes to the scope of services at any time during the PROJECT. An example of a substantial change would be modifications to existing traffic circulation (other than median closings), or additions to lands included within the PROJECT or major program changes. • Changes or additions dictated by the governing Jurisdictions collectively or singularly, after Task Force approval of applicable phase of work. • All necessary permit and application fees. • Architectural renderings or architectural services. • Structural, or traffic engineering services. • Boundary surveys • Legal descriptions or legal representation. • Environmental/civil testing, borings, field surveys, drilling, aquifer performance tests, or other support substantiation required by regulatory agencies. • Environmental jurisdiction line surveys/identificetion studies. • Roadway Geometry with regard to roadway restriping, addition of traffiGturn lanes, etc. SECTION 21 -RESPONSIBILITY FOR CONSTRUCTION COST 21.1 Evaluations of the VILLAGE'S PROJECT budget, Statements of Probable Construction Cost and Detailed Estimates of Construction Cost, if any, prepared by CONSULTANT, represent CONSULTANT'S best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither CONSULTANT nor the VILLAGE has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Axordingly, CONSULTANT cannot and does not warrant or represent that bids or negotiated prices will not vary from the PROJECT budget proposed, established or approved by the VILLAGE, if any, or from any Statement of Probable Construction Cost or other cost estimate or evaluation prepared by CONSULTANT. 21.2 CONSULTANT shall be permitted to include in Its Estimates or Statements of Probable Construction Costs contingencies for design revisions, and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the PROJECT and to include in the contract documents alternate bids to adjust the Construction Cost to the fixed limit. Any such fixed limit shall be increased in the amount of any increase in the Contract Sum occurring after execution of the Contract for Construction. 21.3 If the Bidding or Negotiation Phase has not commenced within three months after CONSULTANT submits the Construction Documents to the VILLAGE and VILLAGE agrees to continue to use a fixed limit final cost estimate (Section 12) of Construction Cost, then that estimate of Construction Cost shall be adjusted to reflect any change in the general level of prices in the construction industry between the date of submission of the Construction Documents to the VILLAGE and the date on which proposals are sought. 21.4 If the estimate of Construction Cost is exceeded by the lowest bona fide bid or negotiated proposals, CONSULTANT shall cooperate in revising the PROJECT scope and quality as required to reduce the Construction Cost, without additional charge, and shall modify the Drawings and Specifications as necessary to comply with the fixed limit. The providing of such service shall be the limit of CONSULTANT'S responsibility arising from the establishment of such fixed limit, and having done so, CONSULTANT shall be entitled to compensation for all services performed, in accordance with this agreement, whether or not the Construction Phase is commenced. FXHIBff B 18 of 21 • • FINAL PROFESSIONAL SERVICE AGREEMENT Northlake BNd. Construction Drawings February 5, 2001 - EXHIBIT C STANDARD HOURLY RATES ^ Principal ^ Vice President ^ Senior Associate/Project Manager ^ Associate ^ Senior Landscape Architect/Planner ^ Landscape Architect/Planner ^ CADD Computer Including Operator ^ Technical Team/Drafting/Research ^ Computer Time (word processing) W:\PROPOSALWOrthlake-Construction\Construction Proposa112.11.00 Draft N9.doc MICHAEL R.EDD 6i ASSOCIATES, P.A. $150/hour $115/hour $ 90/hour $ 85/hour $ 90/hour $ 75/hour $ 85/hour $ 65/hour $ 40/hour EXHIBIT C 19 of 21 C~ • w J O W S U N W F- V W O a PRO ESSIONAISERVICEAGREEMENT EXHIBIT D Northlaka BNd. Construction Drawings February 5, 2001 ~uew,(ed ieuij pop qg uogorutsuo0 5'o00L suoisinea 9oSC 'spng •sdy %04 %00 L N C ~3 0 c 0 a v C O V tv ps O m Y ltL 0 z MICHAEL REDD 6c ASSOCIATES, P.A. 20 of 21 D • PROFESSIONAL SERVICE AGREEMENT EXHIBIT D Northlake Blvd. Construction Drawings February 5, 2001 )uew,(ed leulj ~ t000 Pl6 UOJKIN)SUO'J r %o0L suolsJnea guued .~- p %SL 'tgnS'tdyyuued ~ W %06 tOO leuld to 0 %OOt e)ewl)t31so0 ~ w Yo09 tOD ~ w %09 t00 ~ Z %Oy t00 a %OZ t00 M W %OOl ABNnS/%OL t00 N Q Yo9G RaNn$ d O .r9 '~ ~ 9 ~ S ~' ° $ ~ ~ ~ ~ ~ E ,~ v : ~ x g' b F ',~ ~ S ~ '~ ~ 8 VI $ 's € e p C, • ~ aa TT r ~ V Y q g 5 a s -::~~ d S9 N ^ ` id. U'r. p Y V c _. ~ O g F C c V W ~~Z,o ~" C ~ N 1'C W ~ ~ C ~~~8' ~.~ ~ ^~ ~~' N+ ~` . I~ _~ ~ F- m ~ ~_ ~ W ~ -Z~ ~~y~ ~ ~ =N vv» r n V y S y V. U 8 7r $ 6- r`il t~.~ W A O~ O O^ 'Y Nj ~ a.: v N o M 6 Y O N e a z ~ MICHAEL REDD 6t ASSOCIATES, P.A. FXHIBIf D 21 of 21