2002-24924 Reso
RESOLUTION No. 2002-24924
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE CAPITAL IMPROVEMENT
PROJECTS OFFICE AND FINDING AND DECLARING THAT AN
EMERGENCY SITUATION EXISTS WITH RESPECT TO THE
WATER AND WASTEWATER PUMP STATIONS UPGRADE
(PROJECT), AND WAIVING, BY 517THS VOTE, THE FORMAL
COMPETITIVE BIDDING REQUIREMENTS; FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND
AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL
MEASURES, INCLUDING THE RETENTION OF A NEW
CONTRACTOR, TO DILLlGENTL Y AND TIMELY PROSECUTE THE
REMAINING WORK ON THE PROJECT; FURTHER AUTHORIZING
THE CITY MANAGER TO SELECT, NEGOTIATE, AND AWARD
ANY AND ALL CONTRACTS, PURCHASE ORDERS AND CHANGE
ORDERS, AS NECESSARY, RELATIVE TO THE PURCHASE OF
ALL NECESSARY GOODS AND SERVICES NECESSARY FOR
THE PROSECUTION AND COMPLETION OF THE REMAINING
WORK ON THE PROJECT, PROVIDED THAT SUCH CONTRACTS,
PURCHASE ORDERS, CHANGE ORDERS, AND ANY OTHER
DOCUMENTS, SHALL BE SUBSTANTIALLY IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF THE CURRENT
CONSTRUCTION CONTRACT WITH FELIX EQUITIES, INC.
(CONTRACTOR), AND SHALL NOT EXCEED THE CURRENT
AMOUNT APPROPRIATED BY THE CITY COMMISSION FOR THE
AFORESTATED PROJECT, WITHOUT FURTHER APPROVAL OF,
AND RATIFICATION BY, THE MAYOR AND CITY COMMISSION.
WHEREAS, on February 3, 1999, the Mayor and City Commission approved
Resolution No. 99-23061, awarding a contract to Felix Equities, Inc., in the amount of
$17,692,568, pursuant to Invitation to Bid No. 99-97/98, for Water and Wastewater Pump
Station Upgrades (the Project); and
WHEREAS, on June 19, 1999, Felix Equities, Inc. commenced work on the Project,
which consists of the Citywide renovation and upgrade of the City's water and wastewater
pump station facilities; and
WHEREAS, since the commencement of construction, several delays related to
coordination of unforeseen conditions, omissions and deletions have arisen; and
WHEREAS, during the past several months Felix Equities, Inc. has fallen seriously
behind schedule and does not appear to have a plan of action to correct this situation in a
timely manner; and
WHEREAS, Felix Equities, Inc. has failed to prosecute the Project in accordance with
the terms of its construction contract with the City and, accordingly on June 7,2002, the
Administration sent Felix Equities a Notice of Default, attached hereto as Exhibit "A" for,
among other things, failure to prosecute the Project in a timely manner; and
WHEREAS, it is the recommendation of the Administration, with the concurrence of
the City's Program Manager for the Project, Camp Dresser and McKee, Inc., that the City
exercise its rights, as contained within its construction contract with Felix Equities, Inc., by
omitting the balance of the remaining work from the contract, and by removing the
prosecution of the work from Felix Equities, Inc; and
WHEREAS, the lack of progress on this Project is creating a potentially critical
issues; among them, raising the possibility that the City will face a building moratorium
because of the lack of sewer flow capacity in the near future; and
WHEREAS, the Administration herein recommends that the Mayor and City
Commission find and declare the existence of an emergency; waive by 5/7ths vote, the
competitive bidding requirement, finding such waiver to be in the best interest of the City;
and further authorize the City Manager to take any and all measures, including the
retention of a new contractor on the Project, to prosecute the remaining work on the
Project.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission find and declare that an emergency situation exists with respect to the Water
and Wastewater Pump Stations Upgrade (Project), and waive, by 5/7ths vote, the formal
competitive bidding requirements; finding such waiver to be in the best interest of the City;
authorize the City Manager to take any and all measures, including the retention of a new
contractor, with respect to timely prosecuting the remaining work to diligently complete the
Project; further authorizing the City Manager, to select, negotiate, and award any and all
contracts, purchase orders and change orders, as necessary, relative to the purchase of all
necessary goods and services necessary for the completion of the remaining work on the
Project, provided that such contracts, purchase orders, change orders, and any other
documents, shall be substantially in accordance with the terms and conditions of the
current construction contract with Felix Equities, Inc. (Contractor), and shall not exceed the
current amount appropriated by the City Commission for the aforestated Project, without
further approval of, and ratification by, the Mayor and City Commission.
PASSED and ADOPTED this 10th day of July, 2 2
ATTEST:
T:IAGENDA\2002VULl002\REGULARIFEI Waiver of BID RESO.doc
APPROVED AI 10
FORM a LANGUAGI
a FOR EXECUTION
. ~O1-
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
-
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, affirming the
certification of default by the City and pursuant to Article 8.8 of the contract with Felix Equities, Inc.
(Contractor), hereby removing the prosecuting of work from the hands of the Contractor and; finding and
declaring that an emergency situation exists with respect to the water and wastewater pump stations
upgrade project, and waiving, by 5/7ths vote, the formal competitive bidding requirements with respect to
prosecuting the remaining work to diligently complete the project; finding such waiver to be in the best
interest of the City; authorizing the City Manager, to select, negotiate, and award any and all contracts,
purchase orders and change orders, as necessary, relative to the purchase of all necessary goods and
services necessary for the completion of the remaining work on the project; provided that such contracts,
purchase orders, change orders, and any other documents, shall be substantially in accordance with the
terms and conditions of the current construction contract with Felix Equities, Inc. and shall not exceed the
current amount appropriated by the City Commission for the project, without further approval of, and
ratification by the Mayor and City Commission.
Issue:
To authorize the City Manager to select, negotiate, and award a contract to a qualified replacement
contractor to complete the renovation of the City's water and wastewater pump station system.
Item Summarv/Recommendatlon:
The Administration recommends that the Mayor and City Commission affirm the certification of default by
the City and pursuant to Article 8.8 of the contract with Felix Equities, Inc. (Contractor), remove the
prosecuting of work from the hands of the Contractor and find and declare that an emergency situation
exists with respect to the Water and Wastewater Pump Stations Upgrade project, and waive, by 5/7ths
vote, the formal competitive bidding requirements with respect to prosecuting the remaining work to
diligently complete the project and allow the City Manager to negotiate with a qualified contractor to
complete the Water and Wastewater Pump Stations project, finding such waiver to be in the best interest
of the City for the completion of the project. The current contract with Felix Equities was executed on
February 3, 1999 in the amount of $17,692,568. Currently the project is more than 600 days behind
schedule and the contractor has placed at least two Request for Equitable Adjustments totaling about $3.1
million. The contractor has not progressed on the project for the past few months and his main sub-
contractors have left the job and are suing FE!. Therefore, the Administration recommends that the Mayor
and Citv Commission adopt the Resolution.
AdVISO~ Board Recommendation:
I Not Ap Iicable
Financial Information:
Amount to be expended:
Not Applicable
Source of
Funds:
I I
Finance Cept.
SI n-Offs:
Department Director
TH
T:\AGENDA\2002\JUL 10021REGULARIFEI Waiver of BID MEMO Cover Sheet.doc
AGENDA ITEM
DATE
P?7D
1-IO-{)~
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.cLmiami-beach.fl.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Date: July 10, 2002
Mayor David Dermer and
Members of the City Commission
Jorge M. GOnzalez, _ ~
City Manager Ur' - 0
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AFFIRMING THE CERTIFICATION OF
DEFAULT BY THE CITY AND PURSUANT TO ARTICLE 8.8 OF THE
CONTRACT WITH FELIX EQUITIES, INC. (CONTRACTOR), HEREBY
REMOVING THE PROSECUTING OF WORK FROM THE HANDS OF THE
CONTRACTOR AND; FINDING AND DECLARING THAT AN
EMERGENCY SITUATION EXISTS WITH RESPECT TO THE WATER AND
WASTEWATER PUMP STATIONS UPGRADE (PROJECT), AND
WAIVING, BY 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING
REQUIREMENTS WITH RESPECT TO PROSECUTING THE REMAINING
WORK TO DILIGENTLY COMPLETE THE PROJECT; FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AUTHORIZING
THE CITY MANAGER, TO SELECT, NEGOTIATE, AND AWARD ANY AND
ALL CONTRACTS, PURCHASE ORDERS AND CHANGE ORDERS, AS
NECESSARY, RELATIVE TO THE PURCHASE OF ALL NECESSARY
GOODS AND SERVICES NECESSARY FOR THE COMPLETION OF THE
REMAINING WORK ON THE PROJECT; PROVIDED THAT SUCH
CONTRACTS, PURCHASE ORDERS, CHANGE ORDERS, AND ANY
OTHER DOCUMENTS, SHALL BE SUBSTANTIALLY IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF THE CURRENT
CONSTRUCTION CONTRACT WITH FELIX EQUITIES, INC.
(CONTRACTOR) AND SHALL NOT EXCEED THE CURRENT AMOUNT
APPROPRIATED BY THE CITY COMMISSION FOR THE AFORESTATED
PROJECT, WITHOUT FURTHER APPROVAL OF, AND RATIFICATION BY
THE MAYOR AND CITY COMMISSION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On June 19, 1999, Felix Equities, Inc. (FEI) commenced the Water and Wastewater Pump
Stations Upgrade construction (the "Project"), which consists of the citywide renovations to
and upgrades of the City's water and wastewater pump stations facilities.
Commission Memorandum
Felix Equities, Inc.
July 10, 2002
Page 2
Since the commencement of construction, several delays related to coordination of
unforeseen conditions, omissions and deletions have arisen. On November 28, 2001, as a
result of staff concerns, a Letter to Commission was provided to the City Commission
advising that these conditions had contributed to time delays and additional costs.
On May 21, 2001, the Contractor (FEI) submitted a Request for Equitable Adjustment
(REA) to the City's consulting engineer Camp Dresser & McKee, Inc. (CDM) for
approximately $1.7 million, representing the increased costs the Contractor attributed to
delays associated with the issues referenced above. Repeated City requests to the
Contractor to submit specific documentation to support the REA has not been provided in
sufficient detail to allow a thorough analysis by CDM. Without this information, the City
cannot evaluate the Contractor's REA.
The City's Project team has been actively addressing alternatives to encourage FEI to
proceed with construction without further delays, including discussions to set out a plan to
resolve outstanding claims issues, and to persuade FEI to immediately bring the major
subcontractors back to work, produce a realistic recovery schedule to advance the project's
critical path, and to provide sufficient skilled labor and equipment to prosecute the work in a
timely manner. Unfortunately, these discussions did not yield positive results.
During the past several months FEI has fallen seriously behind schedule and does not
appear to have a plan of action to correct this situation. The ever-dwindling level of
manpower assigned to this project has mirrored this lack of progress. Several of FEI's
subcontractors on this project have notified the City of FEI's failure to pay them and that
they have therefore stopped work and/or refused to provide FEI with release of lien letters.
In this phase of the contract the critical path runs through the electrical and mechanical
subcontractors. The electrical subcontractor has for the last several months severely
reduced the number of their employees on site to well below what is needed to make
effective progress. The mechanical contractor has apparently left the project entirely. Both
the electrical and mechanical subcontractors have indicated that their lack of
responsiveness on this project is due to non-payment by the FE!. Because of the lack of
progress of the two major subcontractors the critical path has not advanced in nearly four
months. At the present manpower level, extensive additional delays are anticipated which
will contribute to the contract time due to inexcusable delays. The lack of adequate
manpower advancing the project has therefore resulted in an effective abandonment of the
project by FE!.
Therefore, the City Administration has certified FEI to be in default of its contract with the
City. Pursuant to Article 8.8 of the City's contract with FEI, the Administration is
recommending that the City Commission remove the prosecution of work from the hands of
FEI and authorize the City Manager, or designee, to prosecute the remainder of work.
Pursuant to Article 8.8, any remaining funds in the contract will be returned to the
contractor, or if the remaining funds are insufficient, the contractor, after completion of the
work, will be required to pay the City the cost overrun. It is importantto understand thatthe
Commission Memorandum
Felix Equities, Inc.
July 10, 2002
Page 3
contract is not terminated, but remains in effect. This action is consistent with the contract
requirements. Article 8.8 states as follows:
"If the Contractor fails to begin Work under Contract within the time specified, or fails to
perform the Work with sufficient workmen and equipment or with sufficient materials to
ensure the prompt completion of said Work [emphasis added], or shall perform the work
unsuitably, or shall neglect or refuse to remove materials or perform anew such work as
shall be rejected as defective and unsuitable, or shall discontinue the prosecution of the
Work, or if the Contractor shall become insolvent or be declared bankrupt, or commit any
act of bankruptcy or insolvency, or allow any final judgment to stand against him
unsatisfied for a period of forty-eight (48) hours, or shall make an assignment for the
benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an
acceptable manner, the Engineer may give notice in writing to the Contractor and his
Surety of such delay, neglect, or default, specifying the same, and if the Contractor, within
a period often (10) days after such notice shall not proceed in accordance therewith, then
the Board shall upon written certificate from the Engineer ofthe fact of such delay, neglect,
or default and the Contractor's failure to comply with such notice, have full power and
authority, without violating the Contract, to take the prosecution of the work out of the
hands of said Contractor, to appropriate or use any or all materials and equipment on the
ground as may be suitable and acceptable and may enter into an agreement for the
completion of said Contract according to the terms and provisions thereof, or use such
other methods as in its opinion shall seem advisable for the completion of said Contract in
an acceptable manner. All costs and charges incurred by the Board, together with the
costs of completing the Work under contract, shall be deducted from any monies due or
which may become due said Contractor. In case the expense so incurred by the Board
shall be less than the sum which would have been payable under the Contract if it had
been completed by said Contractor, then the said Contractor shall be entitled to receive the
difference, and in case such expense shall exceed the sum which would have been
payable under the Contract, then the Contractor and the Surety shall be liable and shall
pay the City the amount of said excess."
Several alternatives have been examined to proceed with the completion of the project.
Due to the unfinished condition of the project's work area, it is important to act in a quick
and flexible manner to complete the unfinished work. The requirement to follow the formal
bidding process is estimated to take 90 to 120 days, during which no work would be able to
proceed in the project area. As a result ofthese unusual circumstances, the normal formal
bidding process would result in further undue delays to complete the unfinished work,
which would result in a hardship situation for the residents within the work area.
Although, for the above reasons, the Administration is recommending a waiver of
competitive bid requirements, the Administration does follow a process in choosing a
replacement contractor. As an example, on the South Pointe Streetscape Phase I project,
the City accepted proposals from seven contractors, some whom had done business with
Commission Memorandum
Felix Equities, Inc.
July 10, 2002
Page 4
the City previously, some whom became aware of the situation through various means and
submitted a proposal, and some whom were recommended by the designer as providing
superior work on previous projects.
The emphasis on the selection of a replacement contractor is on qualifications. The City
prefers to contract with a contractor who specializes in this type of work and one that can
demonstrate a track record of success. It would also be preferable to have a contractor
that has stepped in and completed contracts as a replacement contractor in the past.
Finally, in this sense, once staff is able to isolate a qualified contractor, a price would be
negotiated.
This project is of the highest importance to the residents and citizens of the City of Miami
Beach. Within the construction area, there are residents in the first phase of the project
that have been subjected to continued construction for over two years. Additionally, the
lack of progress on this project has raised the possibility that the City of Miami Beach will
face a building moratorium because of the lack of sewer flow capacity in the near future,
which would have been eased by the timely performance of FE!.
Therefore, the Administration recommends that the Mayor and City Commission ofthe City
of Miami Beach, Florida, adopt the resolution, and waive, by 5/7ths vote, the competitive
bidding requirements, finding such waiver to be in the best interest of the City for the
completion of the Water and Wastewater Pump Stations construction.
T:\AGENDA\2002\JUL 1 OO2IREGUlARIFEI Waiver of BID MEMO.doc
i:)ooJ.-- 2. I.{ 'f 2- 'f
CITY OF MIAMI BEACH CONSULTANT SERVICE ORDER
Service Order for Professional Engineering (Standing Order No. 5944)
TO:
Camp Dresser & McKee Inc.
800 Brickell Avenue, Suite 710
Miami, Florida 33131
DATE:
December 4, 2002
Re:
Amendment No. 12
Pur~uant to the Agreement between City of Miami Beach (CITY) and Camp Dresser & McKee
Inc., (CDM) for Professional Engineering Services for Water and Wastewater Pump Station
Upgrades ("the Agreement") and the City Commission Resolution 2002-24924, you are directed
to provide the folloWing services:
Assist the City in matters associated with the re-procurement for completion of the work
following the default and bankruptcy of the original construction contractor as further described
in the attached Exhibits.
Project Name: Water and Wastewater Pump Station Upgrades
Additional Services during Re-procurement of the Construction Contract
Calendar days to complete this work: Through February 28, 2003
Preliminary Opinion of Probable Construction Cost: Not Applicable
Fee for this Service Order: Task 1.0 - 8.0 Lump Sum $110,435
Task 9.0 Not to Exceed $10.000
Total Service Order (NTE) $120,435
~. Basic Service Additional Service X Reimbursable Expense
IN WITNESS WHEREOF, the parties hereto caused the Twelfth Amendment to be executed in their
names by the duly authorized officials as of the date first set forth above.
Cityo/~~
B~
City of Miami Beach
BY~ ~~.
Jor M. onzalez
City Manager
Tim Hemstreet
Director, CIP Office
~diffP
Vi~tor J. PujaIs, P., E
Vice President
C:1KM0969.cso.doc
121412002
EXHIBIT A
SCOPE OF WORK
CITY OF MIAMI BEACH, FLORIDA
WATER SYSTEM INFRASTRUCTURE IMPROVEMENTS
: RE-PROCURE}.1ENT OF WATER AND WASTEWATER PUMP STATIONS UPGRADES
BACKGROUND
On July 10, 2002 the City Commission unanimously approved Resolution 2002-24924. This
resolution authorized the City Administration to find a way to diligently and timely prosecute
the balance of the remaining work to be done under the Water and Wastewater Pump Station
Upgrades Contract (Invitation to Bid No. 99-97/98). The original contract had been awarded
to Felix Equities, Inc. (FE!) on February 19, 1999. The revised Contractual Substantial
Completion and Final Completion dates for this contract are April 1, 2002 and June 1, 2002,
respectively. As of June 30, 2002, FEl had completed less than 40% of the work and was
projecting unacceptable delays in completing the project. The City is concerned that untimely
completion of the remaining work could lead to a moratorium against new construction.
On July 9, 2002 FEI and their parent company, Line-net Group filed for Chapter 11 bankruptcy
protection. The Contractor has demobilized from the project. The surety, US F&G has been
requested to act, by the City, under the project performance bond. The surety responded that
it could not do anything for sixty (60) days following the bankruptcy filing. The sixty calendar .
day period expired. The City again requested the surety to act in accordance with the
performance bond. There are recent indications that the surety plans to pursue the remaining
contract work. If not, the City may elect to procure a Completion Contractor. In any event,
certain pre-procurement activities are necessary as presented herein.
APPROACH
Based on discussions with the City, Engineer proposes, to submit the names of three General
Contractors (GCs) capable of assuming the remaining work as a "Completion Contractor".
Engineer will assist the City in procuring a Completion Contract. Engineer proposes the
following initial scope of work to assist in the re-procuring of the remaining work:
SCOPE OF WORK
Task 1- Consulting Related to Default
Engineer will assist the City and attend meetings associated with the default and bankruptcy
protection filing by the original contractor, Felix Equities, Inc. This work includes the time
from the original default to the start of re-procurement planning auly-November, 2002).
(DII
A-1
C:II<M0969.00w.COC
121ll31U2
Task 2 - Updated Existing Project Drawings
Engineer will mark-up (red line) a set of project drawings to reflect those changes deemed
appropriate by the Engineer to reflect the following:
a. Construction (field work) partiallyt:ompleted by the original contractor
b. Building Department permit comments
c. Request for information (RFI' s), request for proposal (RFP' s), and project correspondence
(FEI's)
d. Available record drawings (FBI's)
The red line set of drawings will be reviewed with the CIP staff involved with this project and
~ Surety for concurrenCe.
Task 3 - Develop Informational Material for Procurement Purpose
Engineer will prepare various documents of informational material for procurement purposes.
The list of documents is as follows:
a. Status of construction at each individual pump station or work site
b. Ust of shop drawings and their approval status
c. Compile a list of stored (on-site) materials, paid by the Gty
d. Compile a list of known stored (off-site) materials, unpaid by the Gty, on a major vendor
basis
e. Division 0, complete of the original contract
f. Conformed technical specifications, Division 1-16
Task 4- Pre-Procurement Meetings with Vendors Subcontractors and Surety
Representative(s)
Meet with two (2) major vendors and/or subcontractors (e.g. US Filter and Dynalectric) on the
original FE! contract to gather their interest and concerns in participating in this project The
meetings may be either face-to face or by telephone conference call. Meet with Surety
Representative(s) and City representatives (estimated three times) to discuss information to be
provided for the reprocurement of the remaining work.
Task 5 - Preparation of Front-End Documents (Division "0")
Prepare Contract Documents, Division 0, for re-procurement of the balance of the project
contract using the City's latest contract documents. Engineer will prepare (e.g mark-up) a set
of biddable Contract Documents (DNISION 0) considering the modified/updated EJCOC
"front-end" sections used for the original Water and Wastewater Pump Stations Upgrades
Project. The City will make the changes to the City's new Division 0 front-end documents
based on Engineer's recommendations.
Engineer will prepare an "addendum" to the current Division 1 of the Contract Documents to
agree with the new Division 0 (Gty's current version). Also, Engineer will include in the
"addendum" additional material in Division 1 that describes the remaining work to be
performed by the individual parts, include any Special Project Procedures or Sequence of
Construction, any Schedule Constraints, and similar project requiIements specific to the
completion contract.
CDtt
A-2
C:IKM096ll.sow.DOC
12/03102
Task 6 - Preparation of Proposed Contract Project Manuals
Prepare an electronic set of drawings and specifications to be able to procure the remaining
work by a Completion Contractor. The drawings will be updated to reflect record drawing of
existing below grade construction. The drawings will show (e.g. clouds) revisions to the
project scope that needs to be done but is not negotiated or included in the existing contract
(e.g. out-of-scope work). Four sets of draft Project Manuals will be provided to the City and
for review. Comments will be incorporated, as applicable. Five (5) sets of final Contract Project
Manuals will be delivered in hard copy t? the City.
Task 7 - Project Coordinator Meetings
Attend meetings on a periodic, as needed, basis with the City's Project Team. It is anticipated
tl:iatthese meetings will be held at least monthly, or more often if necessary during the next
three months (December 2002 - February 2003). These meetings are independent of those
indicated in Task 1. The Project Team may consist of the following:
a. City Manager Representative
b. City Attorney RepreseI$tive
c. Building Department Director
d. Procurement Department Director or Designee
e, Public Works Representative(s)
f. CIP Representative(s)
Task 8 -Resident Project Representative
CDM will maintain a resident project representative to undertake various field tasks. These
tasks include monitoring FEI activities, inventorying stored materials, generating stored
materials list, observing transport and delivery stored materials to the City's bonded
warehouse, visit station sites on the periodic basis and note any field changes to equipment or
facilities by unauthorized individuals, and assist with job site visits to the stations by potential
bidders for the completion of the remaining work.
Task 9 - Contingency/Allowance
This task is established for unforeseen contingencies associated with or related to this scope of
work, and will only be executed by Engineer with the City's prior request and written
approval. Such contingencies may include, but not limited to negotiation with the Surety or
Completion General Contactor, re-permitting with regulation agencies or other items, etc.
A not-to-exceed (NfE) contingency allowance has been included in the project budget as an
optional (but recommended) item.
TIME OF COMPLETION AND COMPENSATION
The time of completion for the above tasks is from July 15, 2002 to February 28, 2003. The
major activities of work and the estimated labor amounts are presented in Exhibit B.
Compensation for this effort will be a not-to-exceed total amount of $120,435 as calculated on
the attached Exhibit C. Invoicing will be monthly based on the percentage of completion
method for the lump sum portion Tasks 1-8 ($110,435). The NTE contingency allowance, Task
9, ($10,000) will not be used without prior written authorization from the City and invoiced on
CDM
A-3
C:'lKl.tll989.sow.DOC
12/03/02
a billing rate basis for actual cost.
ASSISTANCE TO BE PROVIDED BY THE CITY
1, Arranging and attending meeting with Surety representative and CDM representatives.
2 Providing the base Contract Documents (Division 0) for the project and incorporate
Engineer's recommended revisions, as appropriate.
CDM PROTECT TEAM
The core CDM project team to continue undertaking this assignment is presented in Exhibit D.
axil
A-4
C:\KM01l6lI.sow.DOC
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EXHIBIT C
CITY OF MIAMI BEACH, FLORIDA
WATER SYSTEM INFRASTRUCTURE IMPROVEMENTS
PROJECI': WATER AND W ASTEW ATER PUMP STATIONS UPGRADES
PROJECI' BUDGET FOR RE-PROCUREMENT
CONTRACI'REFERENCE: Agreement between City of Miami Beach and
Camp Dresser & McKee Inc.
BUDGET:
Labor Cate~ory
Hours . Rate Total
72 $150 $13,800
210 $135 $33,750
17 $120 $3,240
23 $100 $3,900
78 $80 $10,720
17 $85 $1,785
88 $70 $8,%0
700 $50 $17,600
158 $50 $9,900
$100,235
$2,500
500
1,200
Officer
Principal/ Associate
Senior Professional
Professional IT
Professional I
Senior Support Staff
Staff Support Services
Field Professional
Project Administration
SUBTOTAL LABOR COST
OTHER DIRECI' COSTS
Copying and Printing
Communication
Transportation and Miscellaneous
SUBTOTAL OTHER DIRECI' COSTS
$4,200
OUTSIDE PROFESSIONAL SERVICES (Architectural/Structural)
SUBTOTAL ESTIMATED COST (Task 1-8), Lump Sum (LS)
CONTINGENCY / ALLOWANCE (Task 9), Not-to-Exceed (NTE)
TOTAL TIllS AMENDMENT (NTE)
$6,000
$110,435
$10.000
5120.435
CDII
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EXHIBIT D
CITY OF NIIAMI BEAm, FLORIDA
WATER SYSTEM INFRASTRUCTURE IMPROVEMENTS
RE-PROCUREMENT OF
WATER AND W ASfEW ATER PUMP STATIONS UPGRADES PROJECT
PROPOSED CDM KEY PERSONNEL
Officer
V. J. Pujals
Principal/ Associate
J. E. CraneIJ. Z. Goldman/W. Nelson
Staff Support Services
S.Assedou/P.Pouliot/~ellaneous
G. Shaw/R. Savage/Miscellaneous
A. Bustillos/J. Rogers/~ellaneous
A. Nunes/W. Spriggs/D. Garrett
A. Chinnery /Misce11aneous
Senior Professional
Professional IT
Professional I
Senior Support Services
Field Professional
J. Carr/P. Cousins
Project Administration
K. Martinez/B. Marrero/P. Donaldson/P. Thomas
Subconsultants:
Architectural/Structural
Zyscovich Inc.fDDA
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