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HomeMy WebLinkAbout2006-1615 l (o• C)(o INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT PROJECT #03-100 RIGHT-OF-WAY ACQUISITION SERVICES WORK ORDER No. 4 TO THE PROFESSIONAL SERVICES MASTER AGREEMENT BETWEEN AMERICAN ACQUISITION GROUP, LLC, AND INDIAN RIVER COUNTY, FLORIDA DATED May 16, 2006 SR 60 & 58th AVENUE Pursuant to the Professional Services Master Agreement - (MASTER AGREEMENT) dated September 2, 2003, and, extended December 13, 2005, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and American Acquisition Group, LLC, Tampa, Florida, hereinafter referred to as the CONSULTANT, this WORK ORDER No. 4 is an extension of and hereby becomes a part of the MASTER AGREEMENT as follows: SECTION I - PROJECT LIMITS AND DESCRIPTION This Work Order is for the acquisition of twenty-four (24) right-of-way parcels located along SR 60 and 58th Avenue in Indian River County, Florida The CONSULTANT'S work will include but may not be limited to appraisals, appraisal review, negotiations, suit preparation, business damage negotiations, business damage review, and legal services. A more detailed scope is provided in Section 111. SECTION II - COUNTY OBLIGATIONS The COUNTY will review and comment on the CONSULTANT'S work in a timely fashion. The County obligations are listed in the MASTER AGREEMENT. SECTION HI — SCOPE OF SERVICES A. Purpose The CONSULTANT shall perform all services necessary to acquire the twenty-four (24) parcels of real estate. Elements of work shall include appraisal, appraisal review, acquisition services, document production and support services, litigation production and litigation support services as needed. Services will include appraisal, appraisal review and acquisition functions. The CONSULTANT will not be responsible for monitoring asbestos survey abatement and any demolition work, unless a separate work order for these services is initiated. B. Definitions a. County: Indian River County, Fl. b. Consultant: American Acquisition Group, LLC c. County Project Manager, Public Works Director and County Land Acquisition Agent: Terry B. Rauth, P.E., Capital Projects Manager, James W. Davis, P.E., Public Works Director, Matt Napier, SRPA, SRA. 3:A03-0023 Indian River County\SR60 & 58th AvcAContract lnfoAAAG Work Order 4 Final.doc d. Consultant Project Manager: The CONSULTANT'S staff member responsible for providing technical supervision and guidance with overall responsibility and authority to make decisions regarding tasks required of the Consultant: William C. Miller, D. Wade Brown. e. Parcel or Package: Any tract, permanent easement, or continuous tracts of land in the same ownership, whether such tract or tracts consist of one or more platted lots or a fractional part thereof. A package may consist of one or more parcels as described by the appraiser. For the purposes of the Agreement, a fee parcel or package, which is accompanied by a temporary or permanent easement, shall be considered one parcel or package. f "Order of Taking" Hearing: A granting of title by a circuit court to the property needed for a County road facility. C. Provisions for Work a. Specific Requirements All services shall be performed in accordance with the laws of Florida and federal requirements for County property acquisition. CONSULTANT personnel will be expected, if possible, to conduct work in person in the project area. Travel expenses to Indian River County and the project site are included in Basic Services. Regardless of the CONSULTANT'S office location, the CONSULTANT MUST provide telephone access for owners, tenants, and other parties directly impacted by the project. This can be accomplished through local services to any established field office, or accepting long distance collect calls, and/or establishing a toll-free telephone number at a headquarters office. 3. Compensation to the CONSULTANT for certain miscellaneous and direct out of pocket expenses are provided for in Section V of the Master Agreement. 4. The CONSULTANT shall make available any person employed by the CONSULTANT for work on this project in any capacity to testify in any eminent domain proceeding when requested by the COUNTY through the CONSULTANT. 5. CONSULTANT shall comply with the COUNTY'S invoicing system such that all amounts billed to the COUNTY can be related to the activity and/or parcel involved. 6. The CONSULTANT Project Manager shall attend meetings, public hearings, and consult with local officials as requested by the COUNTY or the CONSULTANT. The Consultant Project Manager or his or her designee shall be available for project decisions during normal business hours. Consultant personnel shall be present during all business hours (8:00 a.m. to 5:00 p.m. Monday—Friday); so that at least one employee is available in the office at all times. This excludes holidays observed by the County. Consultant shall prepare a response to the County Project Manager for all audits and/or quality assurance reviews, if requested. 1-\03-0023 Indian River County\SR60 & 58th Ave\Contract Info\AAG Work Order 4 Final.doc 9. Consultant shall provide written requests and supporting evidence for any documents needing changes (ex: name changes, death, transfer of title, etc.). These requests shall be directed to the appropriate department through the County Project Manager. The County will be responsible for completing all updated title searches prior to closing or submission of suit. 10. The Consultant shall be responsible for notifying the County in writing that an Outdoor Advertising sign(s) (ODA) need(s) to be purchased or moved. This notification should be directed to the County Project Manager as soon as possible. 11. The Consultant shall provide written certification to the County that all policies, procedures, and statutes were followed. 12. Consultant shall call to the County's attention any errors or deficiencies noted in information provided by others to assist, to the practicable extent, the County in the identification and resolution of same. Information referred to above, includes, but is not limited to, right-of-way maps, drawings, legal descriptions, sketches, title reports, title information, construction plans, and the like including all other information to be provided to Consultant by others and necessary for the execution of Consultant's work under the Agreement. Consultant shall be entitled to rely upon that information which may be provided by the County or others on behalf of the County, as being full, true, accurate and correct, and therefore, Consultant shall have no liability for the accuracy and correctness of such information. It is the County's intention, however, to hold Consultant fully responsible for verifying and obtaining information concerning the status of title that is available to Consultant during on-site inspections of the individual parcels, and to the extent practicable verifying documents and information provided by the County and identifying obvious deficiencies concerning same. The Consultant agrees to incorporate the provisions of this paragraph in any subcontract into which it might enter with reference to the work performed under this Agreement. The Consultant shall have full liability for any information provided by any of their consultants. Title Reports County shall obtain title reports for all parcels. Updates will be provided by County's title company and/or the County Attorney's office. County, will be responsible for "gap searches", i.e., title searches of updated titles that are less than ninety (90) days old as of the date of closing. Appraisal/Appraisal Review Consultant will provide real estates appraisals and appraisal reviews, which will be prepared in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (and all amendments thereto), USPAP requirements and all applicable State laws. The projects are not FDOT projects, and FDOT procedures do not have to be strictly adhered to. J:A03-0023 Indian River County\SR60 & 58th AveAContract InfoAAAG Work Order 4 Final.doc 3 Acquisition a) Negotiations: Consultant Shall Establish and maintain an accurate and complete working file for each parcel utilizing the County's numbering system, while transmitting all original documentation to the County Project Manager upon completion of the file by closing or Order of Taking. All written material must be typed or legibly printed or handwritten. ii. Review any title searches provided by the County and verify all title work through confirmation with the owner and corroborating any discrepancies through county property tax rolls and any other necessary records. iii. Review right-of-way maps and construction plans provided by the County. iv. Notify affected parties (owners and business tenants) of rights to appraisal, construction drawings, attorney's fees, costs, and/or business damage reports pursuant to Florida Statutes. Consultant will be responsible for obtaining correct mailing addresses for owners/business tenants. The letters, which will be sealed and ready to send, can be brought to the County for mailing, or, with the County's approval will be sent directly by the Consultant at our expense. A copy for County staff will be provided; various internal lists/memos will also be required. V. Make follow-up contacts in person or by phone to owners/business tenants notified to ensure receipt of letters, answer questions and/or explain the contents of the letters, whenever necessary. vi. Verify that legal descriptions, right-of-way maps, and appraisals conform and correspond. vii. Make contacts prior to initiation of negotiations, to the extent possible, to obtain subordinate interests of lien holders and tenants and to provide information to property owners and displaced persons as necessary. viii. Initiate negotiations by making purchase offers based on the approved appraisal. An offer to acquire an uneconomic remainder and/or retention of improvements may be necessary. The first offer is to be made as soon as possible upon approval of the County. ALL OFFERS FOR PURCHASE MUST BE APPROVED BY COUNTY PUBLIC WORKS DIRECTOR OR HIS DESIGNEE PRIOR TO MAKING THE OFFER TO THE PROPERTY OWNERS. ix. Issue all applicable notices in accordance with State and Federal laws, policies and procedures, if necessary. Consultation with the County Public Works Director and/or his designee to waive certain policies shall be conducted. J:A03-0023 Indian River County\SR60 & 58th AveAContract InfOWAG Work Order 4 Final doe X. Conduct negotiations for the acquisition of each parcel in accordance with all County policies and procedures, making a thorough effort to obtain negotiated settlements/purchases. Unless dictated by extenuating circumstances at least three (3) contacts should be made prior to suit submittal, unless otherwise instructed by the County. xi. Thorough documents of all contacts with property owners and/or their representatives on appropriate contact records, forms and correspondence. xii. ODA signs as well as any signs purchased in the appraisal are to be handled in accordance with the County's Procedure, which may include multiple offers on one parcel. xiii. All counteroffers made to the property owner or their representative must be made in writing, when applicable, and approved by the Public Works Director. xiv. Comply with current eminent domain procedures with respect to condominium common elements pursuant to current procedures in the FDOT Right -of -Way manual XV. Make updated offers in accordance with County Procedures. xvi. The Board of County Commissioners of Indian River County must approve all purchase agreements after negotiations are complete. h) Business Damages: i. The parties agree that the properties covered under this work order may involve Business Damages. If at some point during this work order Business Damage expertise (CPA) is needed, the parties agree that it is included under this work order as an hourly rate. c) Settlements and Closing: Consultant Shall i. Receive counteroffers from property owners or their representatives for consideration by the County. The County Board of County Commissioners has final authority for approval of all settlements submitted by consultants. ii. When appropriate, prepare justification and recommendations for administrative settlements and submit such recommendations to the County Project Manager for further handling. Conduct all necessary closing, including closing with the owner of tenant - owned improvements/ODA structure, and all related activities including, but not limited to satisfaction of all liens and encumbrances, recording of all title documents, collection and payment of prorated real estate taxes and execution of IRS Form 1099S. The Consultant will follow County procedures regarding closings. Title insurance is not a requirement on all parcels, but the County may elect to obtain title insurance at its own cost. J.\03-0023 Indian River County\SR60 & 58th Ave\Contract Ini'o\AAG Work Order 4 Final.doc 5 d) Suit Preparation and Legal Support: Consultant Shall Review title search provided by the County; verify and update the most current title update provided by the County, obtain all suit information from property owners and comply with the Florida Public Disclosure Act. (The Consultant will follow County procedures regarding suit information submittal.) ii. Prepare and submit Suit Packages to the County Attorney's Office, unless otherwise directed, by the established due date, for final preparation, styling and filing by the County Attorney's Office, or, if elected, by our legal sub - consultant Consultant shall be available through Order of Taking which will constitute completion of the suit service, unless Consultant's legal services are requested, and then our Legal sub -consultant and/or Business Damages Expert will be available through trial and the conclusion of the supplementary proceedings. e) File Transfer Unless otherwise instructed, file transfers shall be conducted in the following manner: After sixty (60) days, but no later than ninety (90) days after title has transferred, and the parcel has been thoroughly reviewed, the working file for each parcel is to be physically turned over to the County into the official records files. RECORDS MAINTENANCE Consultant Shall a) Receive, appropriately process, and handle Florida Statutes Chapter 119 requests under the supervision of the County Project Manager and the Office of County Attorney. b) Maintain all files and distribute all documents in accordance with the requirements of the County. All original documents are to be held in the file maintained by the Consultant and turned over to the County upon completion of the file. C) Turn over all files to the County upon completion of the project. d) Make all files accessible and available to the County Project Manager during all business hours for the life of the project. PRODUCTION CONTROL: Consultant Shall a) Develop and maintain a production reporting system tracking all critical events, both scheduled and actual, for each parcel on the project. b) Report, prior to monthly production meeting on the complete status of right-of-way production on projects. A monthly production meeting with the County's Project Manager and appropriate Consultant personnel is required, as a minimum, to related current status of overall project schedules, noting exceptions and suggesting actions required to correct schedule exceptions. 1:\03-0023 Indian River County\SR60 & 581h Ave\Contract Into\AAG Work Order 4 Final.doc 6 c) Submit appropriate documentation required to input data on production necessary to maintain the County's Right-of-way Control System in accordance with the County's policies and procedures. d) Develop and maintain a business damage reporting system, tracking all critical events, both scheduled and actual, for each parcel on the project. e) Implement a tracking system on a monthly basis to ensure proper entries and corrections have been accurately recorded in a timely manner. COUNTY RESPONSIBILITIES: a) County will furnish to the Consultant a copy of the County's Right -of -Way files for J:\03-0023 Indian River County\SR60 & 58th Ave\Contract Info\AAG Work Order 4 Final.doe each parcel and shall meet to discuss any procedural issues with County staff. b) County will furnish any available standard forms required to carry out the technical tasks pursuant to this agreement. c) County will provide preliminary surveys of potential hazardous waste sites and coordinate with other State agencies to resolve problems relative to parcels cited as hazardous waste sites. d) County will have final review/approval of all business damage reports prior to the offer being made to business owner and prior to any settlements. e) The County's Utilities Section or Public Works Department will be responsible for any and all public utility relocation. County will, review, approve, and process all requests for warrants for payment on all parcels. g) County will prepare and prosecute civil action and/or eviction proceedings against tenants; however, if so elected, these services will be performed by the CONSULTANT'S legal subcontractor. h) CONSULTANT'S legal subcontractor will prepare, style and file all eminent domain lawsuits subsequent to County's authorization. SECTION IV - TIME FOR COMPLETION After the COUNTY issues a written authorization to proceed, one (1) year shall be allowed for acquisition (Appraisal, Appraisal Review, Offer/Negotiations, Agreement and Closing or Refusal and Suit Submission) of all parcels. J:\03-0023 Indian River County\SR60 & 58th Ave\Contract Info\AAG Work Order 4 Final.doe SECTION V — COMPENSATION The COUNTY agrees to pay, and the CONSULTANT agrees to accept, a fee for services rendered according to the "Scope of Services Provided by the CONSULTANT," identified in Section III of this WORK ORDER, with a maximum charge under this WORK ORDER of $434,500 not including business damage analysis, legal services or demolition management, which shall be paid on an hourly basis as shown on Attachment B. This maximum fee is itemized as follows: TABLE V-1 — MAXIMUM COMPENSATION SCHEDULE Task Description CONSULTANT'S Compensation 1 Self Contained Complete Appraisals (Summary Complete) $160,000 2 Appraisal Updates (1 per parcel, if needed) $80,000 3 Appraisal Review $247000 4 Project Administration/Acquisition $131,000 5 Contingency Fee $395500 TOTAL MAXIMUM COMPENSATION $434,500 See Attachment A, "Task Services", for a parcel breakdown of Appraisal, Appraisal Updates, Appraisal Review and Project Administration / Acquisition costs. Appraisals, appraisal updates, appraisal reviews, and acquisition services for each parcel shall be approved by the County prior to commencing work on the parcel in case the County acquires the parcel directly from the owner by other means. Payment shall be on a unit price basis in accordance with Attachment A for actual work performed. SECTION VI - ADDITIONAL SERVICE WORK Additional service work shall be in accordance with the MASTER AGREEMENT. Additional service work performed on a time and material basis shall not exceed the unit values listed in the attached schedule (ATTACHMENT B, Hourly and Sub -consultants Expert Services). Lump sum fees for additional service work shall be negotiated. SECTION VII - PARTIAL PAYMENTS The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work pertaining directly to this project performed during the previous calendar month. The CONSULTANT shall use the form provided in "ATTACHMENT C," herein. The CONSULTANT shall submit invoices monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. The CONSULTANT shall submit duly certified invoices in duplicate to the Land Acquisition Agent. For lump sum line items, the amount submitted shall be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the CONSULTANT, to the total due for this phase of the work. For time and material line items, the amount submitted shall be based on the actual hours worked and expenses incurred for the billing period. F.\Public Works\Capital Projects\SR60-58th Ave Intersection\AAG\AAG Work Order 4 Fin a].doc The amount of the partial payment due the CONSULTANT for the work performed to date under these phases shall be an amount calculated in accordance with the previous paragraph, less ten percent (10%) of the invoice amount thus determined, which shall be withheld by the COUNTY as retainage, and less previous payments. Per F.S. 218.74(2), the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the CONSULTANT'S invoice. Per F.S. 218.74(2), the ten percent (10%) retainage withheld shall be paid in full to the CONSULTANT by the COUNTY, upon completion of the final task after, final acceptance of the Work by the Public Works Director. The Agreement is broken into deliverable units. No payment shall be made unless the Public Works Director has received and approved the work products required under the "Scope of Services Provided by the CONSULTANT," herein. SECTION VIII -VENUE Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. SECTION IX - RELATIONSHIP TO MASTER AGREEMENT AND LAWS OF FLORIDA All conditions set forth in the MASTER AGREEMENT shall control unless otherwise specified in this WORK ORDER. The laws of the State of Florida shall govern this Contract, regardless of where executed. JA03-0023 Indian River County\SR60 & 58th Ave\Contract Info\AAG Work Order 4 Final. doc IN WITNESS WHEREOF the parties hereto have executed these presents this 16th day of 2006. BOARD OF COUNTY COMMSIONERS INDIAN RIVER COUNTY, FLORIDA ApprovedBCC .?Xrtiay.-16.,'2006 ATTEST: i P, V01 ��.. Jeffrey K. Barton, Clerk of Circuit Court Deputy Clerk Approved as to rm g ufficiency: William G. C Ilins II, County Attorney � s Josp KA. Baird, County Administrator AMERICAN ACQUISITION GROUP, LLC 5600 W Mariner Street, Suite 104 Tampa, Florida 33609 7 ignatvre) William C. Miller, Executive Vice President Witnessed by: &-f m i N-1 (Printed name) . i 1:\03-0023 Indian River County\SR60 & 58th Ave\Contract lnr0\AAG Work Order 4 Final Miller Signature due 10 WJE � ��i'v� C".%rTLa�Lt1LJ AMERICAN ACQUISITION GROUP, LLC 5600 W Mariner Street, Suite 104 Tampa, Florida 33609 7 ignatvre) William C. Miller, Executive Vice President Witnessed by: &-f m i N-1 (Printed name) . i 1:\03-0023 Indian River County\SR60 & 58th Ave\Contract lnr0\AAG Work Order 4 Final Miller Signature due 10 INSERT ATTACHMENT A HERE J:\03-0023 Indian River County\SR60 & 58th Ave\Contract Info\AAG Work Order 4 Pinal.doc d o O 0 0 0 0 a` 0 0 C 0 d W > O w CL Q m U N 2 0 0 0 = m0 0. d m � C ¢ Q d Q a L_ Ln N C O O N N d' O ry N a o 0 0 0 0 0 0 0 0 0 0 0 0 0 N N ry O ry M O O ' O O O el N w w w w w w w w w w w w c _co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 'm 0 0 w g N w e aw aw a w o06 06 w w E a a u10i 3 0 0 0 0 0 0 0 0 0 0 0 d w w w G w w w w w w in i» .5 0 0 m i o o ro o o o 0 0 0 a m N 0 - m o m a m of 16 m e vi e w w ' N N O O O O O O O O O O p ¢ 0 O O O O 4 m N b i0 O b N 100 100 d t00 a. d ¢ °i Nw M 0W Dw mw 0 aw w f9 w w f9 mw !9 � � I y W b u C N O a L a� m ,�° 3 250 h m m o m m u c t mum N 1v E a O o y m 3 d m t t ti of di w m m o U `g um n v a a E o m a a 3 H a n - 'a°nom - a- E - o o v Y c v U « ti m o a o v° _ N m' v _m m= � a= 4`o C N O E E Y Y NO m N S o m E m 0 E o n n 0 n rn u v m v "m _a a maN mu °: `6 v ma mo v o«cc c - - rno v 0 3 c m c �° �m 3m3 ui'o YS�Sv i0v �a �c;`ua nim as m.� o•a m m E H n« o a a- a m y o d r n m m ao n a s -° a- '- m 2 - Q= -° w„ N m o°' N 9 m o o m m E E v 2 m° o o m o m o c _ (p Z .O N a N_ N_ N O O J 6 J n Z n W ¢ J ¢¢ v _ ._ ._ ._ J n Z D Z h >- v p t FL « m m rn n mQ w'2 v 0 m o- O ¢ a N V a n v ~¢ ° 0 Q u a E C 0 H 'ua N o`o and m m¢ E a nN J E g Dm V¢ O ¢ W �' o¢ V 0 '•m ¢ a E E m __ - 85 c cm ¢L nm o o o to ��_y vy ¢ L 0 Z.0 a u n ._. Ot = 52 mm L am¢ n v .3h N-- 'ov m w n';aW oN o ° 015tW _ N N N Y S m t N'N VI m N N vo? > E nc - nvs m ; m 3U 3 alm cc m<�m o,na cv,rym and smm m m m,00 m v nw o0o v m:°a0�.0 av n16 n nx �ti .9a 1`-¢ mr¢ ffio mSo 17i m¢ y nm inP rQ U mE ioE E, yE N y hm In E int lnm v o t N m 1° N N 3 C CO N O y N [O { a O c E c o m `� m o N v tO E c ro u m a a y aE am m x y 2 U X >m m V 0 L y T O O m O C > E m c c L a a V ¢ p O L 2 D N U C d O N O 3 0 O °i 2) 01- ¢ 0 2' u c m loo 0 m a o w= E E N m INSERT ATTACHMENT A HERE Page 11 JA03-0023 Indian River County\SR60 & 58th Ave\Contract InCOWAG Work Order 4 Final. doe w co v N O O c C b M N O N O h M N < `o u W °1 E W W O H Oto a QO N N r M 00 t «cm w N F w m w U � co L w c � o 0 a a v a Z o o> w O b➢ N c � O O O T n O _ O a � c O as` nn b o E c n i'n m N W ° v v v c a m c v 0 00 NNN TE maa `m Iw`I 0 � W - n v 3 E ¢ LL U 0 Oaa N °iSo - o abai° a10 a10o L° aL° aN °1 o n �U ovo v nv C W m me n vC'1 v 0 y a z m w w w � O O O O O O [O [O N < a a m m m b m v m o ,y d O L O L L ➢-� W �O °c c °c � " a a O Y' m u VO _ �E E b O) N P N P N 6 CO u« '- o 0 v ° " " a c v� co c y v m o > G m K ° w p v > d `w y U a a « s a O W¢ C L@ L L v aE n �5 m m a m O cO co co a o z m m¢ < m w mo U 10 m c a c- c E 5 ¢' i°3'�a iOS � Q ma o ` c wQ c a ` c o 2 'n 2 'c m 'n m E N¢ N m N T_ N f/J m H g_ g g E E Dv ao U = U c 3 v w v w co v N O O c C b M 9 O O � M N `o u W °1 E W W m H Oto a QO N 0 o! 00 t «cm w U F U w Y co v O O c C b 9 O O � N `o ➢ °1 E � m b a K N 0 a t «cm w n r U m Z U � co L w c � o 0 a a v a Z o o> w O b➢ N c � �N T n o _ v a � c O as` nn b o E c n i'n m N W ° v v v c a m c v 1 NNN TE maa `m Iw`I Y co O O n C b y O O � N `o ➢ °1 c � 0 b a K N E a t «cm 2'm n r U m Z U � np w z=o m odv v a v a Z o o> w O b➢ N c � �N T n _b as` nn b E co 0 m N W v v v c a m c v cv LEL TE maa `m a 0 � W - n v 3 E ¢ LL U Oaa N °iSo Y co n A a � J `o c � 0 q ; E E t O U n r a � np w n m a v a n n n ¢ ¢ ¢ w two_ c � �N n _b as` nn b E m N W a s E m c v cv w n' a 0 W n E J N ¢ LL U ado �am3 �U ovo v nv C W m me n vC'1 v y a z Y n A rc J `o c � 0 q ; E E t O U n r np n a n a n n n ¢ ¢ ¢ w c � �N _b as` nn E m N W En $xwxw N w n' a W J N ¢ LL U A J N � q ; E ¢ K r n a n a n n n ¢ ¢ ¢ w Attachment B Litigation Support Attorney $144.24 to $185.00 hourly Paralegal $70.00 hourly Travel Time/Expenses N/C Telephone Expenses N/C per Photocopies $0.25 page per Facsimile $0.25 page Postage and delivery at invoice Litigation Expenses at invoice CPA Services Principal $165.00 hourly Project Manager $125.00 hourly Staff $90.00 hourly Expenses included The above rates exclude any sub -contractual experts the sub -consultants may need to enlist. Demolition Management $100.00/hour Demolition Management scope would be to oversee Property Management issues such as preparation and advertising (cost of advertising at net invoice) of bids, analyze and recommend awards and Property Management inventories. Expert Witness Testimony Appraiser $136.59/hour 2006 $140.69/hour 2007 J:\03-0023 Indian River County\SR60 & 58th Ave\Contract Irdo\AAG Work Order 4 Final.doc ATTACHMENT C CONSULTANT'S APPLICATION FOR PAYMENT NO. for Rikht-of-Wav Acquisition Services To: INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT Contract for WORK ORDER NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT — INDIAN RIVER COUNTY — INDIAN RIVER COUNTY PROJECT No. 03-100 For Work accomplished through the date of Task Contract Amount (2) Percent Complete From Previous Pay Requests Percent Complete This Pay Request 3 Gross Contract Amount Due This Pay Request (2)x(3) Reimbursable Expenses (1) TOTAL GROSS CONTRACT AMOUNT DUE THIS PAY REQUEST AMOUNT OF RETAINAGE (10% of Total Gross Contract Amount Due This Pay Request) ( ) CONTRACT AMOUNT EARNED TO DATE (Total Gross Contract Amount Due This Pay Request minus Amount of Retainage) TOTAL AMOUNT PAID TO CONSULTANT PRIOR TO THIS PAY REQUEST ( ) AMOUNT DUE THIS PAY REQUEST (Contract Amount Earned To -Date minus Total Amount Paid To Consultant Prior To This Pay Request) (1) Attach copies of all invoices for Reimbursable Expenses J.\03-0023 Indian River County\SR60 & 58th Ave\Contract Info\AAG Work Order 4 Final.doc CONSULTANT'S CERTIFICATION: THE UNDERSIGNED CONSULTANT'S REPRESENTATIVE CERTIFIES that I have checked and verified the above Application for Payment No. and that to the best of my knowledge and belief, it is a true and correct statement of work performed and/or material supplied by the CONSULTANT; that all work and/or materials included in the Application for Payment have been inspected by me and/or by my duly authorized representative or assistants; that it has been performed and/or supplied in full accordance with the requirements of the referenced Contract and with sound consulting practice and judgment; and that the payment amount claimed and requested by the CONSULTANT is correctly computed on the basis of work performed and/or materials supplied to date. THE UNDERSIGNED CONSULTANT'S REPRESENTATIVE ALSO CERTIFIES that all previous progress payments received from the COUNTY on account of Work done under the Contract referred to above have been applied on account to discharge CONSULTANT'S legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered I through inclusive; and if this is a Final Pay Request, I further certify that all persons doing work upon or furnishing materials or supplies for this project under this foregoing Contract have been paid in full. Dated CONSULTANT: American Acquisition Group, LLC 5600 W. Mariner Street, Ste 104, Tampa, FL 33609 CONSULTANT'S REPRESENTATIVE: Name and Title: State of Florida. County of Indian River. Subscribed and sworn to before me this day of 200 Notary Public My Commission expires: 1:\03-0023 Indian River County\SR60 & 58th Ave\Contract Info\AAG Work Order 4 I:inal.doc e. CONSULTANT'S CERTIFICATION: THE UNDERSIGNED CONSULTANT'S REPRESENTATIVE CERTIFIES that I have checked and verified the above Application for Payment No. and that to the best of my knowledge and belief, it is a true and correct statement of work performed and/or material supplied by the CONSULTANT; that all work and/or materials included in the Application for Payment have been inspected by me and/or by my duly authorized representative or assistants; that it has been performed and/or supplied in full accordance with the requirements of the referenced Contract and with sound consulting practice and judgment; and that the payment amount claimed and requested by the CONSULTANT is correctly computed on the basis of work performed and/or materials supplied to date. THE UNDERSIGNED CONSULTANT'S REPRESENTATIVE ALSO CERTIFIES that all previous progress payments received from the COUNTY on account of Work done under the Contract referred to above have been applied on account to discharge CONSULTANT'S legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered I through inclusive; and if this is a Final Pay Request, I further certify that all persons doing work upon or furnishing materials or supplies for this project under this foregoing Contract have been paid in full. Dated CONSULTANT: American Acquisition Group, LLC 5600 W. Mariner Street, Ste 104, Tampa, FL 33609 CONSULTANT'S REPRESENTATIVE: Name and Title: State of Florida. County of Indian River. Subscribed and sworn to before me this day of 200 Notary Public My Commission expires: 1:\03-0023 Indian River County\SR60 & 58th Ave\Contract Info\AAG Work Order 4 I:inal.doc