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Resolution 81-16750 RESOLUTION NO. 81-16750 A RESOLUTION AUTHORIZING THE EXECUTION OF A CON- TRACT BETWEEN THE CITY OF MIAMI BEACH AND THE CH2M HILL CORPORATION FOR THE PREPARATION OF A FEASIBILITY STUDY REGARDING THE PURCHASE OF THE FLORIDA POWER AND LIGHT COMPANY DISTRIBUTION SYSTEM IN MIAMI BEACH; DECLARING A PUBLIC EMER- GENCY; AND WAIVING COMPETITIVE NEGOTIATION REQUIREMENTS PURSUANT TO FLORIDA STATUTES 287. 055 (3) (a) . WHEREAS, the thirty year franchise authorizing Florida Power and Light (FP&L) to operate in Miami Beach expires on January 23 , 1982; and WHEREAS, said franchise provides that the City of Miami Beach may acquire the FP&L distribution system at the expiration of said franchise; and WHEREAS, it is deemed necessary to obtain a professional, independent study of the economic feasibility of such an acquisition prior to the expiration of the present franchise; and WHEREAS, said study shall take a minimum of three and one-half (3 1/2) months to complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission hereby authorizes the City Manager to execute a contract on behalf of the City of Miami Beach with CH2M Hill Corporation to provide a feasi- bility easibility study for an amount not to exceed $48 ,000. 00 in accordance with the attached submittal provided by said corporation; BE IT FURTHER RESOLVED that the City Commission hereby certifies that because of the urgent nature of this critical study, a public emergency exists so as to necessitate the waiving of the competitive negotiation provisions of Florida Statutes 287. 055 (3) (a) . PASSED and ADOPTED this 2nd day of September , 1981. Ma, .r ATTEST: l-f.j . r, City Cl rk I CH2M / ::HILL CH2M HILL r T - r AUTHORIZATION FOR PROFESSIONAL SERVICES • i , '- 1( (Ail Date September 4, 1981 CH2M HILL OFFICE ADDRESS 21045 Commercial Trail, Suite B. Boca Raton FL 33432 PROJECT City of Miami Beam Preliminary Feasibility Study PROJECT NAME Of FP&L Acquisition NUMBER CLIENT CITY OF MIAMI BEACH ADDRESS 1700 Convention Center Drive Miami Beach, Florida 33139 hereby requests and authorizes CH2M HILL to perform the following services: SCOPE: Investigate preliminary economic feasibility of City's acquiring electric properties owned by the Florida Power and Light Company which serves Miami Beach. These services are more fully described in the Proposal to the City of Miami Beach dated September 2, 1981, CH2M HILL File No. FC240.B1. COMPENSATION to be on the basis of Actual salary cost for personnel working on the project multiplied by a factor of 2.50, plus direct expenses at cost. The aggregate of billings for the above scope shall not exceed $48,000.00 without written authorization. MISCELLANEOUS In addition to specific services outlined in September 2, 1981 Proposal, CH2M HILL will provide 25 copies of a written report summarizing the work, findings and recommendations. Services covered by this authorization shall be performed in accordance with PROVISIONS stated on the back of this form. App; ved for CLIEcVT� Accepted for 2M HILL By r 1z�'2c- �_? \ C By �!'l��G'L G i�' e t I- �Shurlo D. Tooker, P.E. Title: /�...g.a:.d ' Title: Vice President 4/80 FORM 124A PROVISIONS 1. Authorization to Proceed 8. Termination Signing this form shall be construed as authorization Either CLIENT or CH2M HILL may terminate this by CLIENT for CH2M HILL to proceed with the work, Authorization by giving 30 days written notice to the unless otherwise provided for in the authorization. other party. In such event, CLIENT shall forthwith pay CH2M HILL in full for all work previously authorized and 2. Salary Costs performed prior to effective date of termination. If no notice CH2M HILL'S Salary Costs shall be the amount of of termination is given, relationships and obligations created salaries paid CH2M HILL employees for work performed by this Authorization shall be terminated upon completion on CLIENT'S Project plus a stipulated percentage of such of all applicable requirements of this Authorization. salaries to cover all payroll-related taxes, payments, premiums, and benefits. 9. Arbitration All claims, disputes, and other matters in question 3. Per Diem Rates arising out of, or relating to, this Authorization or the CH2M HILL'S Per Diem Rates are those fees published breach thereof may be decided by arbitration in accordance in each of CH2M HILL'S offices, which are charged for with the rules of the American Arbitration Association then work performed on CLIENT'S Project by CH2M HILL obtaining. Either CLIENT or CH2M HILL may initiate a employees of the indicated classifications. request for such arbitration, but consent of the other party to such procedure shall be mandatory. No arbitration 4. Direct Expenses arising out of, or relating to this Authorization may include, CH2M HILL'S Direct Expenses shall be those costs by consolidation, joinder, or in any other manner, any incurred on or directly for the CLIENT'S Project, includ- additional party not a party to this Authorization. ing but not limited to necessary transportation costs including mileage at CH2M HILL'S current rate when 10. Legal Expenses its automobiles are used,,meals and lodging, laboratory In the event legal action is brought by CLIENT or tests and analyses, computer services, mag-card typewriter CH2M HILL against the other to enforce any of the services, telephone, printing and binding charges. Reim- obligations hereunder or arising out of any dispute concern- bursement for these Expenses shall be on the basis of ing the terms and conditions hereby created, the losing actual charges when furnished by commercial sources and party shall pay the prevailing party such reasonable amounts on the basis of usual commercial charges when furnished for fees, costs and expenses as may be set by the court. by CH2M HILL. 11. Payment to CH2M Hill 5. Outside Services Monthly invoices will be issued by CH2M HILL for all work When technical or professional services are furnished performed under the terms of this agreement. Invoices are by an outside source, when approved by CLIENT, an due and payable on receipt. Finance charges,computed by a additional 5% shall be added to the cost of these services 'Periodic Rate"of 1%per month,which is an annual percent- for CH2M HILL'S administrative costs. age rate of 12% (applied to the previous month's balance after deducting payments and credits for the current month),will be 6. Cost Estimates charged on all past-due amounts unless otherwise provided by Any cost estimates provided by CH2M HILL will be law or by contract. on a basis of experience and judgment, but since it has no control over market conditions or bidding procedures CH2M HILL cannot warrant that bids or ultimate construc- 12. Limitation of Liability tion costs will not vary from these cost estimates. CH2M HI LL's liability to the CLIENT for any cause or combination of causes is, in the aggregate, limited to an 7. Professional Standards amount no greater than the fee earned under this agreement. CH2M HILL shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in CLIENT'S community, for the professional and technical soundness, accuracy, and adequacy of all designs, draw- ings, specificati ons, and other work and materials furnish- ed under this Authorization. CH2M HILL makes no other warranty, express or implied. • 0 U n 3 -0 a) .4J 4-I •H ^ }-I Lc) N 0 N 'J,•r1 O D U 0 O >-J H .4J 0 II' • +J 0 f=+ U) a) a) n O U •rl J, OD } W Lf-) CCS 4 J LH fA }-i N r\ 4 RS O a) 0 H S~ 0.S N O N •r1 a) 1 O fa. W •rl 4 J 4J Z 4-a P. U H cd • 0 }-t •r1 O +-1 CC Z t~ 0 Oa 4-1l. a) v g O Z • 4+ N •H 0 Cd r�-1 0 0 4 J • P -0 U f� Q, bA H • s~ •H 0 U 0 'ZS 0 •r1 +.J 4.J X0 0 0 •r1 O CV 4- CS1 4-) +J C/) H (1) 4J H N •H x 4JJ '0 O En N •H •^ } N •rl <ZS • bA A. GP s~ U • p $.4 • •r (i) ,4J\ (A a) , " 1J WW3 H rl s~ � w • U Q+ 3 E