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2006-059 Consultant Services Agreement with TBE GroupRESOLUTION 2006-59 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AUTHORIZING THE MAYOR AND VILLAGE CLERK TO DO ALL THINGS NECESSARY TO ENTER INTO AN AGREEMENT FOR CONSULTANT SERVICES WITH TBE GROUP OF WEST PALM BEACH, FLORIDA, FOR ENGINEERING AND DESIGN WORK FOR THE ANCHORAGE PARK IMPROVEMENTS PROJECT AT A TOTAL COST NOT TO EXCEED $211,651.00; FUNDS TO BE EXPENDED FROM ACCOUNT #U8028-66210; 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 authorize the Mayor and Village Clerk to do all things necessary to enter into an agreement for consultant services with TBE Group of West Palm Beach, Florida, for engineering and design work for the Anchorage Park Improvements Project at a total cost not to exceed $211,651.00; funds to be expended from Account #U8028-66210. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 10TH DAY OF Ai (Village Seal)- ATTEST: Village Clerk AGREEMENT FOR CONSULTANT SERVICES This AGREEMENT made and entered into at North Palm Beach, this /~ day ofd 2006, by and between the Village of North Palm Beach, a municipal corporation o the State of Florida, hereinafter referred to as "VILLAGE", and TBE Group, Inc., a corporation chartered and existing under the laws of the State of Florida hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the VILLAGE proposes to do certain renovation work and improve certain physical facilities within the operational jurisdiction of the VILLAGE; WHEREAS, the VILLAGE desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this Agreement and with Service Authorizations to be issued subsequent to execution of this Agreement; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this Agreement; NOW, THEREFORE, inconsideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: GENERAL SCOPE OF THIS AGREEMENT A. The relationship of the CONSULTANT to the VILLAGE will be that of professional consultant, and the CONSULTANT will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices and ethical standards. No employer/employee relationships shall be deemed to be established and the CONSULTANT, its agents, and employees shall be independent contractors at all times. B. Professional and Technical Services: It shall be the responsibility of the CONSULTANT to work with the VILLAGE and appraise it of solutions to design problems and the approach or technique to be used towards accomplishments of the VILLAGE'S objectives as set forth in Service Authorizations, which will be made a part of this Agreement upon execution by both parties. C. The scope of services to be provided shall be covered in detail in Service Authorizations to be agreed upon subsequent to execution of this Agreement. D. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, compliance with regulations, codes and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this Agreement. If the VILLAGE determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the VILLAGE. E. Approval by the VILLAGE of drawings, designs, specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The VILLAGE'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. F. The CONSULTANT shall be and remain liable in accordance with applicable law for all damages to the VILLAGE caused by the CONSULTANT'S negligent performance of any of the services furnished under this AGREEMENT. G. The parties recognize that the CONSULTANT is an independent contractor. The CONSULTANT agrees to indemnify and hold harmless VILLAGE of, from, and against all liability and expense, including reasonable attorney's fees, in connection with any and all claims whatsoever for personal injuries or property damage caused by the negligent or deliberate act or omission of the CONSULTANT, its agents, officers, subcontractors, employees, and independent contractors. To the extent VILLAGE is allowed by Section 725.08, F.S. 2000 to require CONSULTANT to defend VILLAGE and to the extent covered by a liability policy of CONSULTANT, CONSULTANT will defend VILLAGE from claims against the VILLAGE described in the preceding sentence. This includes claims made by the employees of the CONSULTANT against the VILLAGE; and CONSULTANT hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes and the Workers Compensation Act. Nothing contained herein shall be construed to waive the VILLAGE'S immunity from liability under the doctrine of sovereign immunity or Section 768.28, Florida Statutes. II. DATA AND SERVICES TO BE PROVIDED BY THE VILLAGE The VILLAGE shall provide: A. Available plans and specifications of existing municipal owned facilities. B. Other data and services to be agreed upon in subsequent Service Authorizations. C. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. D. Designate, in writing, an individual to act as the VILLAGE'S representative with respect to the work to be performed under this AGREEMENT. Such person shall have the authority to exercise the rights and responsibilities of the VILLAGE provided in this contract. Said authority includes but is not limited to: issuing SERVICE AUTHORIZATIONS, issuing change orders, transmit instructions, stop work, receive information, interpret and define VILLAGE'S policies and decisions with respect to materials, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees. III. PERIOD OF SERVICE A. The CONSULTANT will begin work promptly after receipt of a fully executed copy of each Service Authorization. B. The CONSULTANT'S services called for under the Agreement shall be completed in accordance with the schedule contained in each Service Authorization; provided that, if the CONSULTANT'S services are delayed for reasons beyond the CONSULTANT'S control, the time of performance shall be adjusted appropriately. IV. AGREEMENT PERIOD The period of service shall be one year from the date of execution of this Agreement or until such time as all outstanding Service Authorizations issued prior to expiration of the one year period have been completed. This AGREEMENT can be renewed on an annual basis when agreed in writing by both parties. Changes in terms and conditions must be approved by the Village Council of the Village of North Palm Beach. V. GENERAL CONSIDERATIONS A. All original sketches, reproducible Mylar drawings, computations, details, design calculations, and other documents and plans that result from the CONSULTANT'S services under this AGREEMENT shall become and remain the property of the VILLAGE, including copyright rights, upon receipt of payment by the CONSULTANT from the VILLAGE for services rendered in connection with preparation of said sketches, drawings, etc. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the VILLAGE upon request. B. CONSULTANT, at its own expense, shall procure and maintain the following insurance: Workman's Compensation insurance as required by the laws of the State of Florida. Comprehensive public liability including contractual liability and liability arising out of use of owned and non- owned automobiles in the amount of not less than $1,000,000 combined single limit for bodily injury and property damage for any one accident or loss. Additional limits may be required based on the project requirements of the SERVICE AUTHORIZATION. Professional liability (errors and omissions) insurance with a limit of not less than $1,000,000 per occurrence. Additional limits may be required based on the project requirements of the SERVICE AUTHORIZATION. Architectural consultants will be allowed to procure "Professional Liability Insurance" dependent on the individual architectural project. This insurance and limits will be negotiated with each individual project. C. The VILLAGE acknowledges that the materials cited in Paragraph V.A. above which are provided by the CONSULTANT are not intended for use in connection with any project or purpose other than the project and purpose for which such materials are prepared. Any use by the VILLAGE of such materials in connection with a project or purpose other than that for which such materials were prepared without prior written consent and adaptation by the CONSULTANT shall be at the VILLAGE'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. D. During all times that the CONSULTANT is employed on behalf of the VILLAGE and at all times subsequent to the date of this contract, all discussions between the VILLAGE and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to record shall be deemed to be confidential. All such information and work product shall be protected by the CONSt1LTANT and shall not be revealed to other persons without the express written permission of the VILLAGE. Notwithstanding anything herein contained to the contrary, the public record law set forth in Chapter 119 of the Florida Statutes shall be complied with at all times. E. The VILLAGE reserves the right to assign SERVICE AUTHORIZATIONS to various CONSULTANTS during the period of service as may best serve the interest of the VILLAGE. The CONSULTANT agrees to cooperate with the VILLAGE and other CONSULTANTS in accomplishing work that may require joint efforts to accomplish the VILLAGE'S goals. This cooperation, when requested by the VILLAGE, will include but not be limited to: I . Sharing technical information developed under contract with the VILLAGE. 2. Joint meetings for project coordination. 3. Establish lines of communication. VI. COMPENSATION A. The VILLAGE will compensate the CONSULTANT for the services performed on each Service Authorization in accordance time charges with established hourly rates, including reimbursable expenses (other direct costs) as is specified in the SERVICE AUTHORIZATION. METHOD I -TIME CHARGES Computation of Time Char es - when a service is to be compensated for on a time charge basis, the CONSULTANT will submit an estimated cost to the VILLAGE for prior approval. It is anticipated that the total cost to the VILLAGE for the performance of time charge services including, but not limited to time charges, professional associates, and other direct costs will not exceed the estimated costs and the CONSULTANT agrees to use its good faith effort to perform said work within said estimated costs. If, as the actual work progresses, the CONSULTANT has reason to believe that the cost for the task will be greater than estimated, the CONSULTANT shall notify the VILLAGE in writing to that effect, giving the revised estimate of such cost for said work and, upon acceptance by the VILLAGE in writing, the revised estimate shall become the estimated cost which the CONSULTANT will use in good faith effort not to exceed. B. Sub-contractual services shall be invoiced at cost plus 10%. Sub- contractual services will be approved by the VILLAGE prior to performance of the sub-contractual work. C. Reimbursable expenses shall be invoiced at the actual expenditures incurred by the CONSULTANT if provided in the Service Authorization as follows: 1. Expense of transportation and lodging (lodging not to exceed $175/day) when traveling in connection with each Service Authorization, long distance calls and telegrams, and fees paid for securing approval of authorities having jurisdiction over the project. Transportation and lodging expenses shall not be paid unless approved in advance by the Village. 2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Service Authorization for the VILLAGE'S review and approval. 3. Expense of overtime work requiring higher than regular rates, when authorized by the VILLAGE. 4. Expense of models for the VILLAGE'S use. 5. Expense of computer time. 6. Expense of Auto Travel at approved IRS rates in effect at time of services. D. Total Compensation for all services and expenses shall not exceed the upset limit listed upon each Service Authorization without written approval. E. If the VILLAGE determines that any price for services, however calculated, provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREEMENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incomplete or inaccurate cost or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VII. PAYMENT Payments for Basic Services, Sub-contractual Services, and Reimbursable Expenses as defined in Section VI, shall be made not later than 30 days from presentation of the Engineer's itemized report and invoice and approval of the Project Manager designated by the VILLAGE, unless additional time for processing is required. The CONSULTANT shall submit monthly invoices, or other periodic invoices required in the Service Authorization, including a report of work completed during the respective invoice period. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of the work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. VIII. RECORDS Records of all expenses relative to each Service Authorization shall be kept on a generally recognized accounting basis and shall be available to the VILLAGE or its authorized representative at mutually convenient times. IX. PERSONNEL A. The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. All work shall be performed under the direction of an engineer or architect (as appropriate) registered under State and local law to perform such services. The project manager shall be approved by the VILLAGE under each Service Authorization. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. No person who is serving sentence in a penal or correctional institution shall be employed on work under this Agreement. A good faith effort will be made to utilize veterans, women, and other minorities on work performed under consultant service authorizations. B. The CONSULTANT covenants that neither it nor any of its professional employees assigned to the Project to which this AGREEMENT pertains presently has any interest in and shall not acquire any interest, direct or indirect, in any business, firm, material supplier, equipment supplier, service supplier, or sub-contractor or any other person, firm, or corporation supplying any real property, personal property, or service, to the accomplishment of the work contemplated by the Project in any phase or portion of the Project. The CONSULTANT and each and all professional employees assigned to the Project will give a certification to the VILLAGE not later than five calendar days after receipt of each Service Authorization. X. SUSPENSION, CANCELLATION OR ABANDONMENT This Agreement may be terminated with or without cause and CONSULTANT shall be paid for services rendered down to the date of notification of termination to the CONSULTANT. Upon termination the CONSULTANT shall deliver to the Village all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the CONSULTANT in performing this Agreement in the possession of CONSULTANT. XI. LITIGATION In any litigation between the parties in regards to this Agreement, the prevailing party in such litigation shall be entitled to recover from the non-prevailing party a reasonable attorney's fees and all costs of litigation both at the trial and appellate level. XII INTEREST OF THE CONSULTANT The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in the Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. XIII. COMPLIANCE WITH LAWS A. The CONSULTANT shall comply with the applicable requirements of State laws and all Codes and Ordinances of the Village of North Palm Beach as amended from time to time. B. For Service Authorizations involving work under Federal or State Grantors or Approving Agencies, the VILLAGE and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each Service Authorization. XIV. ASSIGN ABILITY The VILLAGE and CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT; and, neither the VILLAGE nor the CONSULTANT will assign or transfer their interest in this AGREEMENT. 1N WITNESS WHEREOF, the VILLAGE HAS CAUSED THESE PRESENTS TO BE EXECUTED IN ITS NAME BY ITS Mayor/Commissioner, City Manager, and Attested and its official Seal to be hereunto affixed by its Village Clerk, and the CONSULTANT has hereunto set its hand and Seal in TRIPLICATE, the day and year first written above. APPROVED BY THE VILLAGE OF NORTH PALM BEACH /~it day of CIJ~ , 2006 VILLAGE OF NORTH PALM BEACH, a Municipal Corporation of the State of Florida By: CONSULTANT ~~_. By: - Steven P. Howarth, PE -Vice President AT' Village Clerk APPROVED AS TO FORM: By: ~ Vi age Att rney ATTESTED -~, 1 Ro ert Brown, PE -Senior Vice President ATTACHMENT A TBE Engineering Consultant Services Representative Work Phases /Service Authorizations Data Collection /Site Proerammin~ Kickoff/Scoping Session with Village Collect & Assemble Village Data Grants Research & Summary Environmental Brownfield Grant Application Environmental Services Utility Owner Coordination Preliminary Ecological Preliminary Geotechnical Preapplication Meetings /Agency Coordination Council, Staff, and Advisory Board Programming Sessions Public Involvement Meeti~igs Engineer's Opinion of Cost Site Survey / Ecological Survey/Bathemetry Detailed Ecological Concept Planning Develop Draft Concept Plan Presentation of Program & Concept Plan to Council Finalize Concept Plan (based on Council input) Design/Permitting Final Ecological Final Geotechnical Hydraulic Modeling Navigation Studies Master Drainage Plan Construction Plans Site & Waterfront Permitting Utility Closures/Permitting Bid Phase Services Construction Phase Services Construction Observation Program Management Note: The above tasks are representative of possible work phases or service authorizations and is intended to provide a general description of how work may progress. This does not represent an all-inclusive list of tasks that may be found within scopes to be provided for each phase. ATTACHMENT B G R O U P 2006 RATE SCHEDULE CLASSIFICATION RANGE OF RATES PRINCIPAL $225 - $250 PROJECT DIRECTOR $120 - $ 190 PROJECT MANAGER $100 - $1 SS BROWNFIELDS COORDINATOR $150-$175 PLANNER $90 - $140 PROJECT ENGINEER /GEOLOGIST $95 - $150 TRAFFIC/TRANS ENGINEER $95 - $150 LANDSCAPE ARCHITECT $100 - $125 CADD WITH OPERATOR $95 - $110 DESIGNER $90 - $100 FIELD REPRESENTATIVE $75 - $9O STAFF ENGINEER $75 - $9O TECHNICIAN $60 - $90 DRAFTER $6O - $80 TECHNICAL ASSISTANT $50 - $60 CLERICAL ASSISTANT $50 - $60 For Expert Witness Testimony and related services, a surcharge of 50 percent will apply. Effective Period: January 1, 2006 thru December 31, 2006 Rates are subject to adjustment as appropriate to compensate for inflation, cost of doing business and/or changes in the workforce ATTACHMENT C COAST & I~ARBOR LNGTNELRING Billing Rates Table 2006 Classification Senior Principal Engineer Senior Coastal Engineer Principal Engineer Senior Project Manager Engineer V Engineer IV Engineer III Engineer II Engineer I Engineering Intern Designer CAD Operator Administrative Billing Rate/hr Min. Max. $157.00 $173.00 $140.05 $154.05 $124.49 $136.94 $104.14 $114.55 $101.40 $111.54 $ 93.17 $102.48 $ 85.64 $ 94.21 $ 80.85 $ 88.94 $ 65.75 $ 75.37 $ 48.00 $ 55.00 $ 86.93 $ 95.62 $ 71.25 $ 78.38 $ 57.00 $ 66.31 Reimbursable expenses will be actual expenses incurred as a direct part of performing the work. Vehicle Mileage -Auto State approved rate Financial Contact: Nancy Evans Accounting Manager Ph: 425 778.2542 Fx: 425 778.6883 Email: nancy@coastharboreng.com PACIFIC NW OFFICE GULF COAST OFFICE CALIFORNIA OFFICE FLORIDA OFFICE 110 MAIN STREET, SUITE 103 3410 FAR WEST BLVD, SUITE 210 155 MONTGOMERY ST, STE 608 745 US HWY 1, SUITE 205 EDMONDS, WA 98020 AUSTIN, TX 78731 SAN FRANCISCO, CA 94104 NORTH PALM BEACH, FL 33408 ATTACHMENT D BEM SYSTEMS, INC. 2006 Rate Schedule Classification Rate Principal-in-Charge $ 185 Project Manager $ 145 Principle Engineer/Scientist $ 160 Senior Engineer/Scientist $ 115 Staff Engineer/Scientist $ 90 Field Engineer/Scientist $ 75 Technician $ 60 Senior GIS Specialist $ 110 GIS Specialist $ gs GIS Technician $ 70 Clerical $ 60 ~ is o u P July 26, 2006 Mr. Mark Bates Village Manager The Village of North Palm Beach 501 U.S. Highway 1 North Palm Beach, FL 33408-4906 RE: Anchorage Park Pre-Design Scope of Services Dear Mark: As requested, TBE is pleased to submit the following proposal for pre-design services for the Village's proposed Anchorage Park. This scope of work will be completed in accordance with the Terms and Conditions of the Agreement for Consulting Services between the Village and TBE dated August 2006 As discussed in detail in the scope of services, Pre-design services include those tasks to collect necessary data, develop a design program for the facility, and finalize a Concept Plan. The purpose of Pre-design services is to identify all project design constraints and opportunities and finalize the Village's desired composition site components and program before moving forward with design and permitting. Once you review this proposal, we would welcome a meeting with the Village to educate everyone on how this project schedule may proceed and receive feedback on alternative approaches. Thank you again for the opportunity to work with the Village on this project. We look forward to helping the Village build a park that you and the residents can be proud of. Sincerely, TBE GROUP, INC. ~~~ ~~~ Steven P. Howarth, PE Vice President 380 Park Place Blvd, Suite 300 Clearwater, Florida 33759 T: 727.531 .3505 T: 800.861.8314 F: 727.539,1294 www.tbegroup.com Anchorage Park Pre-Design Services July 26, 2006 Page 2 of 17 ANCHORAGE PARK PRE-DESIGN SCOPE OF SERVICES Anchorage Park is located off Anchorage Drive in Not•tlt Palm Beach Florida and is comprised of two parcels comprising approximately 21 acres, MOL. The park site is bordered on tlttee sides by various waterways including; residential canals, portions if the North Palm Beach Waterway and the Earman River. The cutr•e~rt uses of the existing site include the remnants of the former Sea Coast Utilities site, municipal recreational uses, boat/trailer storage, boat tamp and wet-slips. Based on our discussions with Staff and others, the overall impression is that the existing park concept plan (prepared by others) may no longer adequately address the needs of the tesidents/park users. While the area (size and configuration) devoted to each use has not been defined yet, preliminary discussions with Village staff' suggests the Park will include some combination of the following components: • Dry boat storage • Wet boat slips • Vehicular and boat trailer parking • Green space and passive park elements • Fishing pier • Possible dog park /water dog park • Pedestrian trails • Boardwalk with observation platform • Kayak Storage • Gazebo • Duildings/structures to be completed in "Key West Style" architecture • Theme Lighting • Bathrooms, Fish CIeaning Area & Covered Areaslshelters • Increased number of boat trailer storage • BaIlfields • Volleyball Courts • Tennis Courts • Playgrounds • Other park amenities I. DATA COLLECTION/SITE PROGRAMMING Y. Kick-off Session with village The TBE project team staff will attend orae Kick-off session with Village staff. The meeting will include senior staff (Project Manager and above) that will be associated with this project. Those attending the meeting will include three associates from TBE, one associate from Coast & Harbor Engineering (CHE), and one associate from BEM' The purpose of the meeting will be to review general project objectives, educate the Village on the design process, finalize the proposed schedule and target dates, establish communication channels for the project, and receive Village data. Anchorage Park Pre-Design Services July 26, 2006 Page 3 of 17 2. Collect 8c Review Pillage Data The Village will provide any data currently in its possession that may assist the project team in pre-design services. Such data may include surveys, utility data, ecological assessments, geotechnical reports, etc. TBE will review information provided by the Village and compile necessary data as may be available. 3. Grants Research TBE in conjunction with City staff will conduct grant searches to identify funding sources for project concepts and programming. TBE will identify potentially available grant opportunities at the local, state, federal and private levels that could potentially fund various aspects of the project. This scope includes: • TBE will attend up to one (1) meeting with staff and will coordinate electronically and via telephone during the production of the analysis to determine funding needs. • TBE will perform an Internet based search for potential funding sources for the categories identified below: - Recreational Facilities Funding - Brownfields Redevelopment Funding - Environmental Assessment and Remediation Funding - Arts and Other Educational Facility Funding - Stormwater Improvement Funding - Park Facility Development Funding - Landscaping and Urban Forestry Funding - Wetlands/Habitat Restoration Funding including exotic plant removal - Recreational Trail Development Funding - Boating Improvement Funding - Coastal Zone Management Funding - Funding/resources through the Federal Brownfields Partnership - Up two 2 other categories as identified by Staff • TBE will prepare a summary letter report containing information on the potential funding sources described above. The document will include a list of appropriately matched programs, but will not include the preparation of any grant applications. • This scope of services does not in any way guarantee the identification or successful obtainment of grants or other funding programs for any or all of the categories identified above. Anchorage Park Pre-Design Services July 26, 2006 Page 4 of 17 4. Environmental Brownfield Grant Application This scope includes the preparation of any supplemental Brownfields Assistance Application through the Treasure Coast Regional Planning Council Brownfields Program for potential, environmental assessment, tank removal and remedial assistance if required. S. Environmental (Haz-Mat) It is currently anticipated that the Treasure Coast Regional Planning Council (TCRPC) may fund up to $100,000 in environmental assessment activities through their Brownfield grant based upon applications TBE has prepared on behalf of the Village. These funds may be used for such activities as asbestos surveys, some asbestos abatement, underground storage tank removals, and petroleum impacted soil/sludge removal. Therefore, no costs are shown to the Village in this proposal for environmental (haz-mat) activities. If additional services are required or if TCRPC funding is not available, a separate scope and fee will be submitted. 6. Utility Owners Coordination TBE will contact existing utility owners who provide service for this area and request an inventory of facilities in the Anchorage Park area. TBE will review information provided by utilities for potential conflicts with the proposed park development. This scope does not include field utility locating which may be required at a later stage. TBE will meet with Seacoast Utilities regarding the existing water tower, lift station and associated utilities to identify what exists and any proposed changes for this area. TBE will compare Seacoast Utilities plans for this area to the park improvement schedule and identify any opportunities for additional areas for park development. TBE will also meet with Village Public Works staff to review the closed waste- water treatment facility on Anchorage Park property. TBE will identify permitting requirements for proper closure of this facility. Anchorage Park Pre-Design Services July 26, 2006 Page5of17 7. Preliminary Ecological The team will conduct a preliminary ecological assessment of the terrestrial and aquatic habitats in Anchorage Park to identify potential critical issues that may impede the proposed renovations. A detailed ecological assessment will be required and conducted at a later date. The work for the preliminary ecological assessment will include a reconnaissance field survey of the terrestrial and aquatic habitat, review of pertinent regulator issues and a technical memorandum summarizing the results. General Terrestrial and Aquatic Habitat Survey • Identification of Mangroves: The team will collect GPS coordinates to delineate the linear extent of mangroves along the northern and southern shorelines. • Oyster and Submerged Aquatic Vegetation: The team will document the presence or absence of oyster colonies and SAV beds within the near-shore habitat around Anchorage Park. Two sites will be surveyed on each of the three sides of the park. • Threatened and Endangered Species Survey: The team will document the presence or absence of threatened or endangered species by inspecting the area of concern N-NE of the water treatment facility, specifically searching for signs of active use or nesting. This will be a cursory review and may require additional surveys. Regulation Review and Research • Manatee Impact Evaluation: The team will conduct a preliminary review of manatee regulations that may be pertinent to the construction of a new marina. • Regulation and Permitting: The team will conduct a preliminary review of environmental permits and regulations to identify required information and potential issues for the project to proceed. Deliverable -Letter Report • The team will document the findings of the Preliminary Ecological Assessment in a letter report. It is assumed that no GIS mapping is required. Anchorage Park Pre-Design Services July 26, 2006 Page 6 of 17 8. Preliminary Geotechnical Geotechnical information is needed to understand the general suitability of the land and channel for the proposed development. This information will be used for conceptual planning only. Additional detailed geotechnical services will be needed during design once the final location of improvements is determined. TBE will subcontract with a local geotechnical engineering firm to provide the following scope: • Explore the general subsurface conditions of the park site on an area-wide basis using a combination of Standard Penetration Test (SPT) borings and auger profile borings. These will be completed at the locations and to the depths indicated below: Boat dockage along Earman River - 1 SPT to 40 feet depth Marina - 1 SPT boring to 40 feet depth Structures - 2 SPT boring each to 15 feet depth Parking areas - 6 hand auger borings to 6 feet depth The borings will be drilled from the land surface utilizing truck mounted machinery that employs rotary wash and straight augering methods as appropriate. The 40-foot borings will be backfilled with grout. The shallower borings will be filled with soil cuttings upon their completion. • Using the subsurface information, develop the geotechnical impact of the subsoil conditions on the project components and develop planning level recommendations that address the following: Material excavatability within the proposed marina Soil parameters for design of bulkhead systems in the marina Vertical and lateral load capability for boat docks and pier piling Foundation support requirements for the structure Pavement considerations for boat trailer and vehicular parking The work product will be a brief, but detailed, engineering report which describes the field work accomplished, furnishes logs of the borings and provides planning level geotechnical recommendations for design and construction of the proposed improvements. There is an inherent potential for variable geotechnical strata across the site and channel. This potential for data gaps decreases as the geotechnical scope (and cost) increases. This geotechnical proposal is for conceptual level planning only and may not identify all soil conditions which could impact this project. Anchorage Park Pre-Design Services July 26, 2006 Page7of17 9. Preapplication Meetings & Agency Coordination TBE and the project team will attend kickoff preapplication meetings with regulatory agencies to introduce the project and discuss permitting requirements. Early meetings with regulators is crucial to identify permitting challenges, provide interpretation of subjective criteria, prepare for any necessary negotiations, and ultimately to guide the concept plan. The following agencies will be approached for preapplication meetings: SFWMD (stormwater, ecological, channel right-of--way) FDEP (stormwater, ecological, haz-mat, utility closures) ACOE (dredge/fill, ecological) The scope includes up to three team members attending a total of four preapplication meetings with regulators from the above agencies. Note that different departments within the same agency may or may not provide separate meetings. Additional preapplication meetings or negotiations meetings will be necessary during the design phase of this project. 10. Council, Staff & Advisory Board Programming Sessions Three Project Team members will attend a total of three meetings with the Village Council, Parks Advisory Board, and/or Waterways Advisory Board. The purpose of the meetings will be to discuss the program for the park and receive direction on park components. These meetings will focus on the distribution of land between boating related versus recreation uses. The goal of the meetings will be to establish a defined program, including distribution of land for varying uses. 11. Draft Site Program and Master Plan (Bubble Diagram) Based on input from received from the Village, TBE will develop a one page summary of concept-level design criteria which will represent the general program for this site. No engineering design, stormwater or hydraulic modeling is included in this phase. Concept level issues to be addressed include: Site usage distribution Marina size and location Dock layout, vessel sizing, water access Bulkheads and shore protection Parking and boat slip totals Anticipated stormwater treatment requirements (concept level only) Site utility needs Environmental approach Anchorage Park Pre-Design Services July 26, 2006 Page 8 of 17 Project phasing approach Theme Landscape types Lighting Types TBE will also prepare three aerial-based bubble diagrams depicting potential placement of park components. Assumptions will be made for stormwater treatment areas but no formal stormwater modeling will be completed until design. The bubble diagrams will not be converted to a formal concept plan until following the public involvement workshop where the diagrams will be presented. 12. Public Involvement Meeting TBE will conduct one public involvement workshop. The workshop will present the three concept plans identified above. Attendees will be afforded the opportunity to provide written and verbal feedback on the site features, layout, and theme. The Village will be responsible for providing a meeting location, advertising the meeting, and providing three staff members to assist with registration and other activities related to the meeting. TBE will have three team members in attendance to conduct the meeting and answer questions. 13. Engineer's Opinion of Cost TBE will develop an Engineer's Opinion of Cost based upon the two bubble- diagram concepts for purposes of project planning only. Given the conceptual level of the program at this phase, the Opinion of Cost may be subject to change as the program is further refined. 14. Quality Assurance /Quality Control TBE will provide overall project management for this project. Senior TBE staff will review the deliverables from subconsultants along with developed program and concept plan as a quality assurance /quality control review. 1 S. Direct Expenses A Direct expenses budget is included for local travel, postage expenses, reproduction costs, and other approved project expenses. Anchorage Park Pre-Design Services July 26, 2006 Page 9 of 17 II. SITE SURVEY/ECOLOGICAL 1. Survey /Bathymetry TBE will subcontract with a local Professional Surveying firm to provide necessary land surveying and Bathymetry of the channel to be used during concept planning and future design. The survey scope includes: • Prepare a boundary survey for Tracts A and B, as shown on Village of North Palm Beach Plat No.l, recorded in Plat Book 24, Page 202, Public Records of Palm Beach County, Florida. Set all boundary corners or if existing, verify them. All improvements will be located including pavement, curbs, sidewalks, buildings, parking areas, seawalls, water treatment facilities, etc. All encroachments, if any, will be located and shown on the survey. Search the Public Records for any recorded easements and show them on the survey. • Prepare a topographic survey with spot elevations on a 50 foot grid. Cross sections for the full width of the right-of--way of Anchorage Drive will be taken at 50 foot intervals. All driveways and side street intersections on the east side of Anchorage Drive will be located. Locate all drainage structures, sanitary sewer manhole, hydrants, valves and other visible. above ground evidence of any underground utility. Obtain the invert elevations, pipe size and material for all sanitary and storm drainage structures. • Prepare a hydrographic survey for the waterways adjacent to the project. The survey will depict 1 foot contour lines and all track lines with bottom elevations expressed in Mean Low Water datum. The survey will be for the full width of the waterway, extending 300 feet beyond the project. All docks and mooring piles along the property will be located. • Six signed and sealed copies of the survey will be provided along with an AutoCAD Release 2006 digital file. 2. Detailed Ecological Assessments Several Ecological Assessments are necessary to identify any ecological constraints which may impact the development potential of this site. Findings of the Ecological Assessments will be used to guide the proposed concept plan to minimize ecological impacts, guide allowable boat slips and anticipate permitting challenges. TBE will subcontract with BEM Systems Inc. for the Ecological Assessments. The Ecological Assessments will address Botanical Surveys, Anchorage Park Pre-Design Services July 26, 2006 Page 10 of 17 Oyster & Submerged Aquatic Vegetation (SAV) Delineation, Threatened & Endangered Species Survey, and Manatee Impact Evaluation. Botanical Surveys Upon initial inspection of the Anchorage Park site, mangroves were observed to occur along the southern shoreline. Under legislation enacted by the State of Florida, mangroves are protected and removal .and trimming of these tree species may only be done when a permit is obtained from the Florida Department of Environmental Protection. In addition to the mangroves occurring along this stretch of the Park's shoreline, there were numerous non-native species found. Along the Park's northern shoreline, mangroves were not readily apparent. The vegetation, however, was extremely dense and generally composed of a variety of non-native tree and shrub species. In order to document the full extent of mangrove distribution along the two vegetated shorelines of Anchorage Park, BEM will conduct botanical surveys in each of these areas. The survey will consist of sampling points located at the southwestern corner of the property and then every 10.0 m (~32 feet) to the southeastern corner of the Park. At each sampling point, a 5.0 m2 area of the canopy will be examined and each tree species that occurs within this 5.0 m2 area identified and recorded. A general classification of total canopy cover will also be made (i.e. using a modified Domin-ICrajina or Braun-Blanquet score). In addition, visual estimates of the percent species-specific composition of the canopy layer within the 5.0 m2 area will also be noted. At each sampling point species comprising the herbaceous layer within a 1.0 m2 plot will also be identified and recorded. The location of each sampling point will be recorded using ahand-held portable GPS unit (i.e. Garmin or similar). A similar survey will conducted along the northern shoreline, with sampling points beginning at the northwestern corner of the park and continuing every 10.0 m eastward to the park boundary. Using the GPS co-ordinates, maps will be digitally produced using advanced GIS applications that specifically define the location of mangroves along both shorelines in addition to the distribution of key non-native species that may be recommended for removal for overall habitat enhancement of the park. Oyster and Submerged Aquatic Vegetation Delineation Near-shore submerged habitat within the canals fringing Anchorage Park may contain numerous hard surfaces for oyster colonization in addition to SAV beds. Oyster colonies and SAV beds provide critical resources for other important aquatic fish and invertebrate species. To delineate the extent and size of oyster colonies and SAV beds within the near-shore habitat around Anchorage Park, BEM will conduct spot samplings at 10.0 m2 intervals at 2 points from the Anchorage Park Pre-Design Services July 26, 2006 Page 11 of 17 shoreline (within 1.0 m, and at 2.5 - 3.0 m). Each sampling point will be visually inspected (using snorkel equipment as necessary) for the presence/absence of oysters and SAV. When an oyster colony is observed, a rough estimate of colony density will be recorded using a modified Braun-Blanquet score. If SAV is observed to occur at the sampling site, the species observed will be identified and recorded. In addition, SAV cover will be estimated as aBraun-Blanquet score. Sampling will begin in the northeastern corner of the park and proceed along its perimeter counter-clockwise every 10.0 m2 until the southeastern boundary of the park is sampled. The location of each pair of sampling points will be recorded using ahand-held portable GPS unit (i.e. Garmin or similar). The distribution and estimates of cover of both oysters and SAV beds will be plotted using advanced GIS applications. Threatened and Endangered Species Survey All the conceptual plans for renovations and improvements at Anchorage Park include the removal and development of a large area within the center of the site which is currently unused and could potentially provide habitat for a variety of threatened and endangered species. As part of this preliminary assessment and evaluation, BEM will conduct a comprehensive threatened and endangered species survey across this area. The presence or absence of threatened or endangered species will be assessed by comprehensively inspecting the area of concern, specifically searching for signs of active use or nesting. BEM anticipates that the most likely threatened or endangered species to utilize this habitat may be the Eastern Indigo Snake, the Gopher Tortoise, or the Burrowing Owl. If any threatened or endangered species is found within the area of concern, their population will be estimated and degree of habitat use evaluated. Manatee Impact Evaluation The canal areas surrounding Anchorage Park are actively utilized by the endangered West Indian Manatee. The Manatee is protected under both federal and state law, specifically the Marine Mammal Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act of 1978. In response to the Endangered Species Act, the Florida Fish and Wildlife Conservation Commission developed the Manatee Protection Plan which requires analysis of potential impacts on manatees prior to approval for marina expansion. As part of this preliminary environmental assessment, BEM will collect the necessary information and data required to form an adequate assessment of manatee impacts of marina expansion at the Anchorage Park site. This will include determination of estimated boat traffic patterns associated with expanded marina activities, general characterization of manatee use in the waters surrounding Anchorage Park, estimates of the increase in boat traffic through the area associated with marina expansion, subsequent impact on manatee activities in this area, and recommendations for expansion designs that minimize interactions between boating traffic and manatee use. These data will be combined with the oyster and Anchorage Park Pre-Design Services July 26, 2006 Page 12 of 17 SAV delineation to generate a Boat Facility Siting Plan that may be required in fulfillment of the Manatee Protection Plan mandate. Regulation and Permitting Research BEM will conduct thorough research to identify all necessary environmental permits required under local, state, and federal legislation. In addition, BEM will investigate local and state mandates with respect to the protection of mangroves (i.e. stipulations of the 1996 Mangrove Trimming and Preservation Act) and make recommendations on how these regulations may affect design plans for renovations and improvements to Anchorage Park. Based upon the oyster, SAV, and botanical survey results, BEM will also make recommendations for habitat enhancement that could be incorporated into improvement design plans. Ecological Assessment Reports The Draft and Final Reports shall include-the results of each task, including maps produced that document the extent and location of mangroves along the northern and southern shorelines of the park, the location of key non-native species along these two shorelines, and the distribution of oyster colonies and SAV beds along the near-shore submerged habitat adjacent to the park. In addition, these reports shall be inclusive of recommendations for habitat enhancement, the results of the threatened and endangered species survey, and a comprehensive review of all necessary permits that must be acquired as part of this improvement project. 3. Direct Expenses A Direct expenses budget is included for local travel, postage expenses, reproduction costs, and other approved project expenses. Anchorage Park Pre-Design Services July 26, 2006 Page 13 of 17 III. CONCEPT PLANNING 1. Draft Concept Plan Based upon the results of the above tasks, TBE will prepare one conceptual site plan layout for the park site, utilizing land available for development. The plan will depict placement of proposed site components using the survey or aerial as a base plan. The plan will be prepared in color AutoCAD format and presented on approximately 24"x36" boards. 2. Presentation of Program & Concept Plan to Council TBE will present the draft Concept Plan to the Council for final approval and/or slight modifications. It is assumed no program modifications will be made at this time and that any proposed modifications will be minor since the Council will have already been involved prior to the Concept Planning phase. 3. Finalize Concept Plan TBE will finalize the Concept Plan incorporating minor changes from Council, if necessary. The final product will be a 24"x36" plan sheet in color AutoCAD format. This Concept Plan will be the bases of the future design scope. 4. Quality Assurance /Quality Control TBE will provide overall project management for this project. Senior TBE staff will review the deliverables from subconsultants along with developed program and concept plan as a quality assurance /quality control review. S. Direct Expenses A Direct expenses budget is included for local travel, postage expenses, reproduction costs, and other approved project expenses. Anchorage Park Pre-Design Services July 26, 2006 Page 14 of 17 IV. ADDITIONAL SERVICES CONTINGENCY Additional Meetings Projects of this nature are dynamic and can include an extensive amount of communication between the Village and the Consultant's staff. While we have tried to account for anticipated meetings in this scope, additional meetings may be dictated based on the level of interactions and changes dictated by the Village. This task includes a budget for additional meetings or coordination beyond the base scope of services. Such services will be billed on an hourly basis in accordance with the rates schedules including in our Consultant Services Agreement. Only hours actually expended on meetings or coordination outside the scope of services will be billed. Brownfields Designation In addition, if environmental conditions warrant, the Village may elect to proceed with a Brownfields Designation for this site. If these services are needed, TBE can assist the Village in designating the property as a State designated Brownfields Area pursuant to the Florida Brownfields Redevelopment Act Sections 376.77-376.84, Florida Statues. TBE will provide example resolutions and designation criteria to facilitate the designation of the site. Additionally, TBE will provide pertinent information regarding the public notice process and support to staff during the public hearing process to facilitate the designation. The advantages of the Brownfields Designation are: - Cleanup tax credits, if applicable - Job Bonus Refunds, if applicable - Other Brownfield funding potential through partners (NOAA, etc) - Streamlined permitting Anchorage Park Pre-Design Services July 26, 2006 Page 15 of 17 SCHEDULE The Schedule will be most affected by the Village's timing for input and public involvement along with regulatory agency schedules. We have developed the following preliminary schedule for Phase I which may be refined at our kickoff meeting based upon Village timing and regulatory feedback. A Gantt Chart is also attached for your reference which shows schedule and anticipated fees by month. I. DATA COLLECTION/SITE PROGRAMMING 1. Kickoff/Scoping Session with Village week 1 2. Collect & Review Village Data week 1-3 3. Grants Research & Summary week 1-4 4. Environmental Brownfield Grant Application week 1-4 5. Environmental (Haz-Mat) week 1-8 6. Utility Owners Coordination week 1-6 7. Preliminary Ecological week 1-6 8. Preliminary Geotechnical week 1-6 9. Preapplication Meetings week 1-8 10. Council, Staff & Advisory Board Programming Sessions week 1-12 1 1. Draft Site Program and Master Plans (Bubble Diagrams) week 1-12 12. Public Involvement Meeting week 14 13. Engineer's Opinion of Cost week 15 14. Quality Assurance/Quality Control week 1-12 15. Direct Expenses week 1-12 Anchorage Park Pre-Design Services July 26, 2006 Page 16 of 17 ANCHORAGE PARK PREDESIGN SERVICES FEE SCHEDULE I. DATA COLLECTION/SITE PROGRAMMING 1. Kickoff/Scoping Session with Village $ 4,191 2. Collect & Review Village Data $ 2,155 3. Grants Research & Summary $ 5,675 4. Environmental Brownfield Grant Application $ 1,995 5. Environmental (Haz-Mat) $ 0 (paid by TCRPC) 6. Utility Owners Coordination $ 4,290 7. Preliminary Ecological $ 7,470 8. Preliminary Geotechnical $ 6,442 9. Preapplication Meetings /Agency Coordination $18,235 10. Council, Staff & Advisory Board Programming Sessions $10,254 11. Draft Site Program and Master Plans (Bubble Diagrams) $19,258 12. Public Involvement Meeting $10,085 13. Engineer's Opinion of Cost $ 3,620 14. Quality Assurance/Quality Control $ 1,185 15. Direct Expenses $ 2,750 SubTotal (Task I) $ 97,604 II. SITE SURVEY /ECOLOGICAL 1. Survey / Bathometry $24,779 2. Detailed Ecological $41,125 3. Direct Expenses $ 550 SubTotal (Task II) $ 66,453 III. CONCEPT PLAN 1. Draft Concept Plan $10,960 2. Presentation of Program & Concept Plan $ 7,085 3. Finalize Concept Plan $ 6,360 4. Quality Assurance/Quality Control $ 1,185 5. Direct Expenses $ 2,750 SubTotal (Task III) $ 28,340 IV. ADD ITIONAL SERVICES CONTINGENCY 1. Additional Meetings $10,024 2. Brownfields Designation $ 9,230 SubTotal (Tasks IV) $ 19,254 Terms: At the Village's request, all work will be conducted on an hourly not-to-exceed bases at the manhour rates shown on the next page of this scope. As such, the fees presented are estimates only based upon the anticipated scope and effort. TBE will be permitted to share hours between approved subtasks and associates as necessary to complete the project. Because this is an hourly based contract, if the actual effort is anticipated to exceed the approved Service Authorization, TBE will submit a separate scope and fee for approval prior to proceeding with such work. Manhour rates are good through December 2006. ~~~$~m~~ ~~»~° a r~~ ~S~g E~o~ o~r H pp ~ Y H M~ M ~ N N .~- O Oi O n N qq N N M N N M N 1pp N N N ~ ~ H N N N~ N N O N E M J N 0 J Fa- 0 J hQ. ~ J !~- ~ > y > ti > y > h T° N w w w w w° n m m m ~ o w N w ° m o voi v' N ° e~ °v w o ww o w w d ~ ~ ~ N A ww NNN w w - w N N w f S X C W O D N O N N w o N N N N N H ~a w~ m N g N w o w M y H w ~ ~O ~O op ~ O ~ < ~ H~ O U q 2 N M N N N O N H O N O< O O rv N r O N N N O N h N 0 W Q m q O i ~ ~ ° m m a r w w M w w N w w w w N N N N w w H ~o N H N A t7 Q Q N Q aD Q Q N Q Q Q m N C ~ h U v ~ ~ Q a ~ N N ~ a ~ .n Ta g€ ~, m 0 m n ~ ° a e t ~~ 1U Q N c L' J Q E O m m o N Y ~ F N O ~~ t ~ ~ a ~" w~ m ~ n c '^ , v ~ Q ~ o a_' ` a Wm ~ C m Q Q N ~ N L Y I m f .o p ` ~ Q Q <O m Q 0 Q m Q O N e0 l T h a C C e ~ ~ J ~ O ~ C m Q Q ~O m Q O Q Q N m b O A m r oa`~ O Y tp ~ N Q N W Q O t7 Q O N M m tp ~~~ m ~ ~ ~ N N N f0 t0 Q O (7 N N Q O N ch ~ N °>N ~ y ~ a o E ~ N m ~ Q V 'Z o E °i A ~ ?~ v f/1 b as ~ ~ q z C! C a a A - = 0 7a. ~ _ > m a a y ~ ~ o o F ~ O U ` z N> h O p oo u u a~ Vl u~ rZbi O pO dO b C C C ~~ O O .~. V U ~ ~ o q b ~ n CC ~ _q > ._ d ~~ OD y 'd m y ~C ~~ U~ A r' O N U W C7 p~ o p y 6 ° 0 0 ~ y x. 6 O u N H Q u ~ y w W~ Q H ~ ~ {s7 u a~ u ~~ ~' m in u ~ '.. a .a at E E ^ c -' v w > m W n ~`~' w 0., o U¢ n ~ o-7 ~ c e o c° ~ tN0 r ... T ~ y~ a o "y ~ "E 'E Q o m- ~eo m ~ ~ a7 Z .~ ~ ~, u W n u c id ~' ~^ `O o LN d e~C Ut7 uI W~waiU~w W dO . wv~i qG zLl ri i:. d~C1 Q¢m _ ?` Of ~ a F r .,, Q .n .o r m a o~.. a^ F r oo rn N C .-. ~i r, Q ~. v O e a .. ., - ~ AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES THIS AMENDMENT to the Agreement for Consultant Services is entered into this 1,3day of E* 6'.2007 by and between the Village of North Palm Beach, a Florida municipal corporation ("Village") and TBE Group, Inc., a Florida corporation ("Consultant"). WHEREAS, on August 15, 2006, the Village and Consultant entered into an Agreement for Consultant Services ("Agreement") for professional services relating to renovation work and improvements to the physical facilities at Anchorage Park; and WHEREAS, the services contemplated by the Agreement ranged from data collection and site programming through design/permitting and construction phase services; and WHEREAS, the services specifically authorized by the Village in August 2006 included only pre -design and conceptual planning services at a total cost not to exceed $211,651.00; and WHEREAS, TBE has completed the master concept plan for the redevelopment of Anchorage Park and the parties wish to extend the term of the Agreement and to expand the services to be performed by Consultant to include design, permitting, bidding and construction services relating to the first phase of the Anchorage Park redevelopment. NOW, THEREFORE, in consideration of the mutual promises set forth in the Agreement for Consultant Services and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The foregoing recitals are ratified and incorporated herein. 2. The Village and Consultant hereby agree to extend the term of the Agreement for Consultant Services for one year from the date of this Amendment. This extension shall be retroactive to August 15, 2007 to avoid any lapse in the Agreement. 3. The Village specifically authorizes, and Consultant agrees to perform, expanded services to include design, permitting, bidding and construction services related to the first phase of the Anchorage Park redevelopment at a total cost not to exceed $136,800.00. Such services shall be performed in accordance with Consultant's Anchorage Park Demolition and Phase I Improvements Engineering Services Proposal dated October 29, 2007, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. 3. All other provisions of the Agreement for Consultant Services, to the extent not modified herein, shall remain in full force and effect. [Remainder of page intentionally left blank] Page 1 of 2 IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written above. CONSULTANT: TBE GROUP, INC., a Florida corporation BY: Name:: Ve,jer� Title:- o f,11 VILLAGE: VILLAGE OF NORTH PALM BEACH, a Flori municipal corp ation By: Dr. E and M. issey, ayor Attest: Melissa Teal, Village Clerk Page 2 of 2