94-21243 Reso RESOLUTION NUMBER 94-21243
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AU'T'HORIZING THE MAYOR AND CITY CLERK TO
ENTER INTO AN AGREEMENT WITH THOMPSON AND
WOOD,INC. FOR ARCHITECTURAL AND ENGINEERING
SERVICES RELATED TO DESIGN OF A PEDESTRIAN
CROSSOVER AND ACCESS THERETO ON THE EAST END
OF THE LINCOLN ROAD STREET END INCLUDING THE
DESIGN FOR CERTAIN LANDSCAPING, ROADWAY,
CURBING, AND SIDEWALKS IN THAT AREA OF THE
PUBLIC ACCESS,AND ALONG THE PROPERTY LINE OF
THOSE PROPERTY OWNERS DEDICATING A
PERMANENT EASEMENT TO THE CITY.
WHEREAS,the City entered into an agreement(Agreement)with Crescent Heights and the Dilido
Beach Hotel for the dedication of a public access easement to the City (Easement Parcel), from the
Lincoln Road Street End( Street End)to the beach; and
WHEREAS,the City intends to make certain improvements to the Street End and Easement Parcel
which will give the public access to the beach from Lincoln Road; and
WHEREAS,these improvements will enhance the revitalization of Lincoln Road and help to attract
additional visitors to Lincoln Road; and
WHEREAS,as part of the Agreement,the design, drawings, and plans for the development of this
project will be prepared by the firm of Thompson and Wood, Inc., architects for the Lincoln Road
Revitalization Program.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are authorized to
enter into an Agreement attached as "Exhibit A", with Thompson and Wood,Inc., for Architectural
and Engineering Services related to the design of a Pedestrian Crossover and Access thereto on the
East End of the Lincoln Road Street End including the Design for Certain Landscaping, Roadway,
Curbing, and Sidewalks in that area of the Public Access, and along the Property Line of those
Property Owners dedicating a Permanent Easement to the City.
PASSED and ADOPTED this 27th day July 1994 .
Vic -May
ATTEST:
FORM APPROVED
LEGAL DEPT.
CITY CLERK By
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO.
TO: Mayor Seymour Gelber and DATE: July 27, 1994
Members of the City Commission
FROM: Roger M. Carat
City Manager
SUBJECT: ADMINISTRATION RECOMMENDS ARCHITECTURAL
AND DESIGN SERVICES FOR THE LINCOLN ROAD
PUBLIC RIGHT-OF-WAY EASEMENT,EAST OF COLLINS
AVENUE,WITH THE FIRM OF THOMPSON AND WOOD.
RECOMMENDATION
The administration recommends that the City enter into a contract with the firm of Thompson and
Wood,Inc. This work will include the design of a wooden pedestrian crossover and access thereto.
Further, it will include landscaping,roadway,curbing,and sidewalks in the area of the public access
and along the property line of the property owners who are giving the City permanent easement of
a 20ft. wide parcel of the property abutting the street end to the north, south, and east.
BACKGROUND
On March 14, 1994, the City entered into an agreement with Crescent Heights and DiLido Beach
Hotel to dedicate to the City and City accepted a public access easement from the Lincoln Road
Street End to the beach. The City intends to make improvements to the Street End and Easement
Parcel which will give public access to the beach from Lincoln Road.
As part of the agreement,the design, drawings and plans for the development of the project would
be prepared by the architectural firm of Benjamin Thompson and Associates (BTA),the successor
of which is Thompson and Wood,Inc.,by mutual consent. This decision was based on Thompson
and Wood, Inc., being the architects for the Lincoln Road Revitalization Program.
1. Architectural Design will include:
a. Lighting
b. Landscaping
c. Irrigation for landscaping
d. Sidewalk
e. Drainage
f. Signage
g. Street furniture
h. Improvement to the Easement Parcel, including lighting,
sidewalks, and other amenities
The architects will be responsible for the designs, drawings, plans, and specification for the City to
bid the construction of this project.
Architectural fee for the project is $30,000. This is 6.6% of the contemplated cost of the entire
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project which is a not to exceed figure of$450,000.
AGENDA _ - C
I TEM
DATE ��
Opp
CONCLUSION
Approval of this contract is necessary to construct the Pedestrian walkway to have public access to
the beach'from Lincoln Road.
Since Thompson and Wood, Inc., have been so involved in the revitalization of Lincoln Road it
would be reasonable to have them continue with the project to insure it follows the theme of the
entire road.
Public access to the beach from Lincoln Road will add to people visiting and shopping along the
road and thereby adding to the revitalization.
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• PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND THOMPSON AND WOOD
FOR DESIGN SERVICES FOR THE EAST END OF LINCOLN ROAD
THIS AGREEMENT is made as of the 2 Ada of 1994 b
Y � Y
and between the CITY OF MIAMI BEACH, FLORIDA, hereinafter called the "City", which
term shall include its officials, successors, legal representatives, and assigns; and
THOMPSON and WOOD, hereinafter called the "Consultant".
SECTION 1
DEFINITIONS
Agreement: This written Agreement between the City and the Consultant.
City Manager: "City Manager" means the Chief Administrative officer of the City.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to
be an independent contractor, and not an agent or employee of the
City.
Final Acceptance: "Final Acceptance" means notice from the City to the Consultant that
the Consultant's Services are complete as provided in Section 4.9 of
this Agreement.
Project
Coordinator: An individual designated by the City Manager to coordinate, direct
and review on behalf of the City all technical matters involved in the
Scope of Services.
Reimbursable
Expenses: Expenses of transportation in connection with the Services (defined
below); living expenses in connection with out-of-town travel; and
• long distance communications. Consultant shall comply with the
City's standards for reimbursable travel expenses. Travel within
Dade County shall not be reimbursable.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139.
Services: All services, work and actions by the Consultant performed pursuant
to or undertaken under this Agreement, as described in Section 2 of
this Agreement.
Termination: Termination of Consultant Services as provided in Section 4.10 of this
Agreement.
Task: A discrete portion of the Scope of Services to be accomplished by the
Consultant, as described in Section 2 herein, if directed and
authorized by the City.
SECTION 2
SCOPE OF SERVICES REQUIRED
The Scope of Services for this project to be performed by the Consultant is set forth
in Exhibit "A" which is attached hereto and made a part hereof, entitled "Scope of
Services'.
SECTION 3
COMPENSATION
3.1 COMPENSATION AND REIMBURSABLE EXPENSES
Consultant shall be paid Thirty Thousand Dollars ($30,000.00) to perform the
services set forth in Exhibit "A" hereto, in accordance with Section 3.2 below, plus
Reimbursable Expenses approved in writing in advance by the Project Coordinator.
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3.2 METHOD OF PAYMENT
Payment shall be made to the Consultant pursuant to invoices submitted by
the Consultant which detail percentage of completion of the services set forth in Exhibit "A"
hereto. Invoices shall be accompanied by a narrative progress report which supports the
invoices, and shall contain a statement that the items set forth therein are true and correct
and in accordance with the Agreement. The City shall have the right to verify that the
services have been performed. Payment of such invoices shall be made within 30 days
of receipt of such invoices by City.
SECTION 4
GENERAL PROVISIONS
4.1 RESPONSIBILITY OF THE CONSULTANT
With respect to the performance of the Services, the Consultant shall
exercise that degree of skill, care, efficiency and diligence normally exercised by
recognized professionals with respect to the performance of comparable Services. In its
performance of the Services, the Consultant shall comply with all applicable laws and
ordinances, including ut not limited to applicable laws and regulations of the City,9 PP 9 y, y,
State, Federal Government, ADA, and EEO Regulations and Guidelines.
4.2 PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section
287.133(3)(a) Florida Statute on Public Entity Crimes, shall be filed by Consultant prior to
commencement of Services.
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4.3 PROJECT MANAGEMENT
The Consultant shall appoint a qualified individual acceptable to the City to
serve as Project Manager for the Services who shall be fully responsible for the day-today
activities under this Agreement and who shall serve as the primary contact for the City's
Project Coordinator.
4.4 TIME OF COMPLETION
The Services to be rendered by the Consultant shall be commenced upon
receipt of a written Notice to Proceed from the City subsequent to the execution of this
Agreement. Consultant shall submit to the City within two (2) weeks of the execution of
this Agreement a schedule for the performance of the Services described herein.
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A reasonable extension of time shall be granted in the event the work of the
Consultant is delayed or prevented by the City or by any circumstances beyond the
reasonable control of the Consultant, including weather conditions or acts of God which
render performance of the Consultant's duties impracticable.
4.5 NOTICE TO PROCEED
Unless directed by the City otherwise, the Consultant shall proceed with the
work only upon issuance of a written Notice to Proceed by the City.
4.6 OWNERSHIP OF DOCUMENTS
All documents prepared by the Consultant pursuant to this Agreement are
related exclusively to the Services described herein, and are the property of the City.
4.7 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach
4
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and its officers, employees and agents, from and against any and all actions, claims,
liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal,
economic or bodily injury, wrongful death, loss of or damage to property, in law or in
equity, which may arise from the negligent act or omission or other wrongful conduct of the
Consultant, and/or Consultant's employees, subconsultants, or agents, in connection with
the performance of services pursuant to this Agreement. The Consultant shall pay all such
claims and losses and shall pay all such costs and judgments which may issue from any
lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees
expended by the City in the defense of such claims and losses, including in connection
with appeals. The parties agree that one percent (1%) of the total compensation to the
Consultant for performance of this Agreement is the specific consideration from the City
to the Consultant for this indemnity agreement.
The Consultant's obligation under this section shall not include the obligation
to indemnify the City of Miami Beach and its officers, employees and agents, from and
against any actions or claims which arise from negligent acts or omissions or other
wrongful conduct of the City and its officers, employees and agents. The parties each
agree to give the other party prompt notice of any claim coming to its knowledge that in
any way directly or indirectly affects the other party.
4.8 INSURANCE REQUIREMENTS
The Consultant shall not commence any work pursuant to this Agreement
until all insurance required under this section has been obtained and such insurance has
been approved in writing by the City's Risk Manager. The Consultant and any
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subconsultants shall maintain and cant' in full force during the term of this Agreement and
throughout the duration of this project the following insurance:
1. Architects Professional Liability (Errors and Omissions) in the amount
Of$1 1 000,000.00.
2. Workers Compensation & Employers Liability as required pursuant to
Florida Statutes.
Thirty (30) days written notice of cancellation or modification in the insurance coverages
must be given to the City's Risk Manager by the Consultant and its insurance company.
A certified copy of the Consultant's and any subconsultants' insurance
policies must be filed with and approved in writing by the Risk Manager prior to
commencement. Original certificates of insurance for the above coverages must be
submitted to the City's Risk Manager for written approval prior to any work commencing.
These certificates'will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall.
The Consultant is responsible for obtaining and submitting all insurance certificates for its
subconsultants.
All insurance policies must be issued by companies authorized to do
business under the laws of the State of Florida and approved in writing by the City's Risk
Manager. The companies must be rated no less than "B¢" as to management and not less
than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published
by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the written
approval of the City's Risk Manager.
Compliance with the foregoing requirements shall not relieve the Consultant
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of the liabilities and obligations under this section or under any other portion of this
Agreement, and the City shall have the right to obtain from the Consultant specimen
copies of the insurance policies in the event that submitted certificates of insurance are
inadequate to ascertain compliance with required coverages.
4.8.1 Endorsements
All of Consultant's certificates of insurance, above, shall contain
endorsements providing that written notice shall be given to the City at least thirty (30)
days prior to termination, cancellation or reduction in coverage in the policy.
4.9 FINAL ACCEPTANCE
When the Consultant's Services have been completed, the Consultant shall
so advise the City in writing. Final acceptance of the Services by the City shall not
constitute a waiver.or abandonment of any rights or remedies available to the City under
any other section of this Agreement.
4.10 TERMINATION, SUSPENSION AND SANCTIONS
4.10.1 Termination for Default
If the Consultant shall fail to fulfill in a timely manner, or shall otherwise
violate any of the covenants, agreements, or stipulations contained in this Agreement, the
City shall thereupon have the right to terminate the Services then remaining to be
performed by giving written notice to the Consultant of such termination, which shall
become effective upon receipt by the Consultant of the written termination notice.
In that event, all finished and unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, reports and other work product prepared by the
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Consultant and its subcontractors shall be promptly delivered to the City and the City shall
compensate the Consultant on a pro rata basis in accordance with Section 3 for all
Services performed by the Consultant prior to Termination.
Notwithstanding the above, the Consultant shall not be relieved of liability to
the City for damages sustained by the City by virtue of any breach of the Agreement by the
Consultant and the City may reasonably withhold payments to the Consultant for the
purposes of setoff until such time as the exact amount of damages due the City from the
Consultant is determined.
4.10.2 Termination for Convenience of City
The City may, for its convenience, terminate the Services then remaining to
be performed at any time by giving written notice to Consultant of such termination, which
shall become effective seven (7) days following receipt by Consultant of the written
termination notice. In that event, all finished or unfinished documents and other materials,
including those described in section 2 above, shall be promptly delivered to the City. If the
Agreement is terminated by the City as provided in this section, the City shall compensate
the Consultant for all Services actually performed by the Consultant and reasonable direct
costs of Consultant for assembling and delivering to City all documents. Such payments
shall be the total extent of the City's liability to the Consultant upon a Termination as
provided for in this section.
4.10.3 Termination for Insolvency
The City also reserves the right to terminate the remaining Services to be
performed in the event the Consultant is placed either. in voluntary or involuntary
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bankruptcy or makes an assignment for the benefit of creditors. In such event, the rights
and obligations of the parties shall be the same as provided for in Section 4.10.2.
4.10.4 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Consultant's noncompliance with the nondiscrimination
provisions of this Agreement, the City shall impose such sanctions as the City or the State
of Florida may determine to be appropriate, including but not limited to withholding of
payments to the Consultant under the Agreement until the Consultant complies and/or
cancellation, termination or suspension of the Services, in whole or in part. In the event
the City cancels or terminates the Services pursuant to this section, the rights and
obligations of the parties shall be the same as provided in Section 4.10.2.
4.10.5 Changes and Additions
In the event of a change and/or addition to the Services, the City shall
provide a written notice to the Consultant and such notice shall be signed by the
Consultant. Said notices shall provide an equitable adjustment in the time of performance,
a reallocation of the task budget and, if applicable, changes to any provision of this
Agreement which is affected by said notice. The City shall not reimburse the Consultant
for the cost of preparing Agreement change documents, written Notices to Proceed, or
other documentation in this regard.
4.11 ASSIGNMENT, TRANSFER OR SUBCONTRACTING
The Consultant shall not.subcontract, assign, or transfer any work under this
Agreement without the prior written consent of the City.
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4.12 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of this Agreement, the Consultant shall
not discriminate against any employee or applicant for employment because of race, color,
religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or
sexual orientation. The Consultant shall take affirmative.steps to ensure that applicants
are employed and that employees are treated during their employment without regard to
their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status,
disability, or sexual orientation. Such steps shall be in connection with, among other
things, the following: employment, upgrading, promotion, demotion, layoff or termination;
recruitment or recruitment advertising; rates of pay; or other forms of compensation; and
selection for training, including apprenticeship.
4.13 . CONFLICT OF INTEREST
The Consultant agrees to adhere to and be governed by the Metropolitan
Dade County Conflict of Interest Ordinance (No. 72-82), as amended; and by the City of
Miami Beach Charter and Code, which are incorporated by reference herein as if fully set
forth herein, in connection with the contract conditions hereunder.
The Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirectly which should conflict in any manner or degree with
the performance of the Services. The Consultant further covenants that in the
performance of this Agreement, no person or entity having any such interest shall
knowingly be employed by the Consultant.
4.14 COPYRIGHTS: CONFIDENTIAL FINDINGS
No reports, other documents, articles or devices produced in whole or in part
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under this Agreement shall be the subject of any application for copyright or patent
protection by or on behalf of the Consultant or its employees or subcontractors.
4.15 NOTICES
All communications relating to the day-today activities shall be exchanged
between the Project Manager appointed by Consultant and the Project Coordinator
designated by the City. The Consultant's Project Manager and the City's Project
Coordinator shall be designated promptly upon commencement of the Services.
All other notices and communications in writing required or permitted
hereunder shall be hand-delivered personally to the representatives of the Consultant and
the City listed below or mailed, with proof of receipt.
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
TO CONSULTANT: Thompson and Wood, Inc.
Benjamin Wood, AIA
14 Story Street
Cambridge, MA 02133
(617) 349-3600
TO CITY: Office of The City Manager
Attn: Jack Lubin, Consultant to City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7010
WITH COPIES TO:
Office of the City Attorney
City of Miami Beach
Attn: Alexander I. Tachmes, First Assistant City Attorney
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
(305) 673-7470
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Notices hereunder shall be effective upon receipt.
4.16 EXCLUSIVE LITIGATION VENUE
The exclusive venue for any litigation between the parties, arising out of, or
in connection with this Agreement, shall be Dade County, Florida.
4.17 ENTIRETY OF AGREEMENT
This writing and the Scope of Services embody the entire Agreement and
understanding between the parties hereto, and there are no other agreements and
understandings, oral or written with reference to the subject matter hereof that are not
merged herein and superseded hereby. The Scope of Services is hereby incorporated by
reference into this Agreement to the extent that the terms and conditions contained in the
Scope of Services are consistent with the Agreement. To the extent that any term in the
Scope of Services is inconsistent with this Agreement, this Agreement shall prevail.
4.16 NO CHANGES TO AGREEMENT
No change in the terms of this Agreement shall be valid unless made in
writing, signed by both parties hereto, and approved by the City Commission of the City
of Miami Beach.
4.19 GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida.
4.20 LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can
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place a limit on the City's liability for any cause of action for money damages due to an
alleged breach by the City of this Agreement, so that its liability for any such breach never
exceeds the sum of Thirty Thousand and no/100 Dollars ($30,000.00). Accordingly, and
notwithstanding any other term or condition of this Agreement, Consultant and City hereby
agree that the City shall not be liable to the Consultant for damages in an amount in
excess of$30,000.00, which amount shall be reduced by the amount actually paid by the
City to Consultant pursuant to this Agreement, for any action or claim for breach of contract
arising out of the performance or non-performance of any obligations imposed upon the
City by this Agreement. Nothing contained in this paragraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon the City's
liability as set forth in Florida Statutes, Section 768.28.
4.21 ARBITRATION
- Any controversy or claim for money damages arising out of or relating to this
Agreement, or the breach hereof, shall be settled by arbitration in accordance with the
Commercial Arbitration Rules.of the American Arbitration Association (the "Rules"), and
the arbitration award shall be final and binding upon the parties hereto and subject to no
appeal, except as provided in the Rules, and shall deal with the question of the costs of
arbitration and all matters related thereto. In that regard, the parties shall mutually select
.one arbitrator, but to the extent the parties cannot agree upon the arbitrator, then the
American Arbitration Association shall appoint one. Judgment upon the award rendered
may be entered into any court having jurisdiction, or application may be made to such
court for an order of enforcement. Any controversy or claim other than a controversy or
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claim for money damages arising out of or relating to this Agreement, or the breach hereof,
including any controversy or claim relating to the right to specific performance, shall be
settled by litigation and not arbitration.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By: BY
City Clerk Vice.— ayor
FOR CONSULTANT: THOIMPSON AND WOOD
ATTEST:
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GAL DEPT
By
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SCOPE OF SERVICES
1. Consultant will perform basic design services, including preparing complete
plans, construction documents and specifications to be used by the City as request for
proposal ("RFP") packages, for the creation of public access to the beach on the east
street end of Lincoln Road plus the upgrading of the surrounding areas. These RFP
packages will include all engineering and architectural plans and specifications for the
creation of public access to the beach on the east street end of Lincoln Road plus the
upgrading of the surrounding areas. Graphic design services and the preparation of
special renderings or models, other than by architects, are not included.
2. Consultant will review the bids submitted in response to the RFP, including
reviewing shop drawings and other material supplied by contractors in response to the
construction documents in the RFP, and make recommendations with regard to the ranking
and selection of contractors. Consultant also will participate in the pre-award conference.
3. Consultant will aid the City in its presentation to the State of Florida
Department of Natural Resources ("DNR") for a request for an easement on State land
located at the east street end of Lincoln Road.
4. Consultant will conduct periodic site visits, not required to exceed four (4)
such visits, during construction. In addition, Consultant will attend meetings with City
officials and others involved as required, not to exceed five (5) such meetings in total.
5. Consultant will supervise through completion the work (the"Work"), including
construction, to be accomplished in accordance with the design services provided in this
Agreement.
6. Consultant agrees that it will assist in obtaining all necessary governmental
permits and approvals for the performance of the Work.
7. Consultant will be responsible for the cost of any changes in the plans as a
result of the DNR review process and/or because the cost of the Work, including labor and
materials, exceeds $450,000.
8. Consultant agrees that the cost of the Work, including labor and materials,
will not exceed $450,000.
9. Consultant will prepare a schedule providing approximate time frames for
performance of all aspects of the Work.
EXHIBIT "Aff