RESOLUTION 92-20540 r
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RESOLUTION NO. 92-20540
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF M1AMI BEACH,FLORIDA AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
AND CAMP, DRESSER & McKEE, INC., FOR
PROFESSIONAL ENGINEERING SERVICES FOR THE
UPGRADING OF SEWER & WATER PUMPING
STATIONS AND A NEW WATER PUMPING STATION ON
MACARTHUR CAUSEWAY.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, THAT
WHEREAS, the City Commission has reviewed the Agreement between the
City of Miami Beach and Camp, Dresser & McKee, Inc., for Professional Engineering
Services relative to the Upgrading of Sewer and Water Pumping Stations and a new Water
Pumping Station on MacArthur Causeway; and
WHEREAS,the City Manager has recommended execution of the Agreement
and the City Attorney has approved it as to form.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH that the Mayor and the City Clerk are authorized to
execute the Agreement between the City of Miami Beach and Camp, Dresser & McKee,
Inc., for related Professional Engineering Services for the Upgrading of Sewer and Water
Pumping Stations and a new Water Pumping Station on MacArthur Causeway and
appropriating funding from Bond Fund 351 and existing Work Order 2942, with these funds
to be reimbursed from future bond proceeds.
PASSED AND ADOPTED I S 8th day of r July , 1992.
Mayor
ATTEST:
City Clerk
FORM APPROVED:
Legal Department
7/i/
RAG/et
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(3:14
CITY OF EVIAM . '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. 4 2c, 12-
DATE:
July 8 , 1992
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Roger M. Carl
)1 A /6
City Manager
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT
SUBJECT: BETWEEN THE CITY OF MIAMI BEACH AND THE FIRM CAMP, DRESSER
& McKEE, INC. , FOR PROFESSIONAL SERVICES FOR THE UPGRADE
OF SEWER AND WATER PUMPING STATIONS AND A NEW WATER PUMPING
STATION ON MacARTHUR CAUSEWAY.
ADMINISTRATION RECOMMENDATION:
It is recommended that the City Commission approve a resolution
authorizing the Mayor and the City Clerk to execute the agreement
with Camp, Dresser & McKee, Inc. and to approve a resolution to
reimburse these funds from a future bond fund.
BID AMOUNT AND FUNDING:
AMOUNT: $129,442 Funding for the design of the new pumping
station is available from:
Existing Work Order 2942 - $31,000 .00
Funding for the upgrade of the water and sewer
pumping station investigation requires the
appropriation from Bond Fund 351 in the amount
of $98,442 into work order 2942 . These funds
will be repaid by appropriation from new bond
funds when they are sold at a future date.
BACKGROUND:
The City issued RFLI No. 84-90/91 for Professional Engineering
Services for this project on August 20, 1991. The City Commission
rank ordered the firm of Camp, Dresser & McKee, Inc. for contract
negotiations on September 25, 1991. The enclosed Agreement is the
result of those negotiations.
SPECIFICATION INTENT:
The intent of the specifications is to provide professional
engineering services to design a new pumping station on MacArthur
Causeway that would eliminate the need for the elevated water tank
located on First Street and Alton Road. Also the new pumping station
will provide for the removal of the existing pumping station on the
north parking lot of the Marina site that must be replaced in
accordance with existing agreements.
FUNDI APPROVED t'3
64' I ky
AGENDA
Mana,f•ment and Budget ITEM
DATE /
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PAGE #2
RFLI No. 84-90/91
JULY 8 , 1992
The work also includes the preliminary engineering phase for up-
grading 12 sewer and 6 water pumping stations . The tasks involved
in this phase will include: examination and determining life
expectancy of existing equipment and facilities, determine operating
problems and replacement or refurbishment needs, evaluation of
electrical power alternatives, evaluation of . ierground environment
on variable frequency drive motors, evaluate feasibility and payback
period for variable speed vs direct drive motors, analyze telemetry
system capabilities including remote stationing (possible police or
fire stations) , evaluation of state of the art application to an over
all objective of upgrading the pump stations to cost effective and
efficient operations.
CONCLUSION:
All future phases of the required engineering services needed for
final design and construction are covered by this agreement and will
provide completion of this project subject to future negotiations of
cost based on established needs and scope of work as funds are
available from future bond funds.
RMC:EJD:ep
AGREEMENT
BETWEEN
CITY OF MIAMI BEACH
AND
CAMP, DRESSER & McKEE, INC.,
FOR PROFESSIONAL SERVICES FOR THE UPGRADE
OF SEWER & WATER PUMPING STATIONS
AND A NEW WATER PUMPING STATION
ON MACARTHUR CAUSEWAY
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TABLE OF CONTENTS
Page No.
ARTICLE 1. DEFINITIONS; DUTIES AND
RESPONSIBILITIES 2
1.1 City 2
1.2 City Commission 2
1.3 City Manager 3
1.4 Proposal Documents 4
1.5 Consultant 5
1.6 Basic Services 5
1.7 The Project 6
1.8 Construction Cost Budget 6
1.9 Project Cost 7
1.10 Force Majeure 7
1.11 Contractor 7
1.12 Contract for Construction 7
1.13 Construction Documents 7
1.14 Change Order 8
1.15 Additional Services 8
1.16 Work 8
1.17 Base Bid 8
1.18 Schedules 8
ARTICLE 2. SCOPE OF SERVICES 9
2.1 Basic Services 9
2.2 Additional Services 9
2.3 Responsibility for Claims and Liabilities 11
2.4 Schedule 12
ARTICLE 3. THE CITY'S RESPONSIBILITIES 12
ARTICLE 4. CONSTRUCTION COST 14
4.1 Responsibility for Construction Cost 14
ARTICLE 5. REIMBURSABLE EXPENSES 15
ARTICLE 6. CONSULTANT'S ACCOUNTING RECORDS 16
ARTICLE 7. OWNERSHIP AND USE OF DOCUMENTS 17
TABLE OF CONTENTS
Page No.
ARTICLE 8. TERMINATION OF AGREEMENT 18
8.1 Right to Terminate 18
8.2 Termination for Cause 19
8.3 Termination for Convenience 19
8.3.1 Non Exclusive Provisions 20
8.4 Implementation of Termination 20
ARTICLE 9. MISCELLANEOUS PROVISIONS 21
9.3 Non-Solicitation 21
9.4 Limitation of Liability 21
9.5 Arbitration 22
ARTICLE 10. EXTENT OF AGREEMENT 25
ARTICLE 11. BASIS OF COMPENSATION 26
11.1 Compensation for Services 26
11.2 Payments on Account of Basic Services 26
11.3 Payment on Account of Additional Services 26
11.4 Project Suspension or Termination 27
ARTICLE 12. INSURANCE 27
ARTICLE 13. INDEMNIFICATION 28
ARTICLE 14. ADDITIONAL CONDITIONS 29
14.1 Assignment 29
14.2 Compliance with All Laws 29
14.3 Venue 29
14.4 Notices 30
SCHEDULE A. SCOPE OF SERVICES, COMPENSATION AND SCHEDULE
SCHEDULE B. CONSULTANT HOURLY RATES FOR COMPENSATION
SCHEDULE C. DUTIES AND RESPONSIBILITIES OF CONSULTANTs
RESIDENT PROJECT REPRESENTATIVE
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TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT
FOR PROFESSIONAL ENGINEERING SERVICES FOR THE
UPGRADING SEWER & WATER PUMPING STATIONS INCLUDING
EVALUATIONS, RECOMMENDATIONS AND DEVELOPMENT OF DESIGN
CONSTRUCTION DOCUMENTS AND THE DESIGN, AND ENGINEERING
SERVICES DURING CONSTRUCTION, OF A NEW WATER PUMPING STATION
ON MACARTHUR CAUSEWAY
THIS CONTRACTthis 2--/
made and entered into day of
1992 by and between the CITY OF MIAMI BEACH, a municipal corporation existingunder
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the laws of the State of Florida (hereinafter referred to as "City" or "Owner"), having its
principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and CAMP,
DRESSER & McKEE, INC., a Massachusetts corporation, whose address is 800 Brickell
Ave., Suite 710, Miami, Florida 33131 (hereinafter referred to as "Consultant").
WITNESSETH:
WHEREAS, the City intends to conduct the UPGRADING OF VARIOUS SEWER
& WATER PUMPING STATIONS INCLUDING EVALUATIONS
RECOMMENDATIONS AND DEVELOPMENT OF DESIGN CONSTRUCTION
DOCUMENTS; AND THE DESIGN, AND ENGINEERING SERVICES DURING
CONSTRUCTION, OF A NEW WATER PUMPING STATION ON MACARTHUR
CAUSEWAY(hereinafter referred to as the e the Consultanta""Project"), and wishes to engage gg
for the Project as is set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of
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engineering and related professional services relative to this as more particularly
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hereinafter set forth, for design, preparation of Construction Documents and Construction
Administration Services and Field Representative Services, all as hereinafter stipulated,
NOW THEREFORE, City and Consultant in consideration of the mutual covenants
and agreements herein contained, agree as follows:
ARTICLE 1. DEFINITIONS; DU'T'IES AND RESPONSIBILFI1ES
1.1 CITY
The "City" shall mean the City of Miami Beach ("City" or "Owner") and is a
Florida municipal corporation having its principal offices at 1700 Convention Center Drive,
Miami Beach, Florida 33139. The City, as a governmental entity, subject is subject to the
availability of funds and appropriation of funds by its ve le islatibodyand other
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governmental authorities or sources of revenue, in an amount to allow continuation of its
performance under this Agreement. In the event of lack of funding Agreement this A reement or
this project, this Agreement may be terminated by the City pursuant to the procedure set
forth in Article 8 in its entirety.
1.2 CITY COMMISSION
"City Commission"shall mean the governing and legislative body of the City.
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The City Commission shall be the final authority to do or to approve the followingactions
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or conduct by passage of an enabling resolution or amendment to this Agreement.
1.2.1 The City Commission shall be the body to consider, comment upon, or
approve any assignment,sale, transfer or subletting of this Agreement or any interest therein
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and any subcontracts made pursuant to this Agreement. Assignment and transfer shall be
defined to include sale of the majority of the stock of a corporate Consultant.
1.2.2 All City Commission approvals and authorizations shall be expressed
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passage of an appropriate enabling resolution and, if an amendment, by the execution of an
appropriate amendment to this Agreement.
1.3 CITY MANAGER
The "City Manager" shall mean the chief administrative officer of the City.
The City Manager shall be construed to include any duly authorized designees including a
Project Coordinator and shall serve as the P
City's representative to whom administrative
requests for approvals shall be made and who shall issue authorizations (exclusive of those
authorizations reserved to the Commission) to the Consultant. These authorizations shall
include, without limitation: reviewing, approving, or otherwise commentingupon the
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schedules, plans, reports, estimates, contracts and other documents submitted to the City by
the Consultant.
1.3.1 The City Manager shall review, approve, disapprove or otherwise comment
upon the Consultant's Design and Construction Documents after they are submitted to the
City by the Consultant.
1.3.2 The City Manager shall decide, in his professional discretion, matters arising
pursuant to this Agreement, which are not otherwise expressly provided for in this
Agreement, and he shall attempt to render administrative decisionrom tl to avoid
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unreasonable delay in the progress of the Consultant's work.
1.3.3 The City Manager shall additionally be authorized but not required at the
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request of the Consultant to reallocate monies already budgeted towardsPaY ment of the
Consultant, providing, however, that he cannot increase the Consultant's compensation or
other budgets established by this Agreement. The City Manager, in his administrative
discretion, may consult with the City Commission concerningdisputes or matters arising
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under this Agreement regardless of whether such matters or disputes are enumerated herein.
The City Manager shall additionally be the sole representative of the City authorized to
issue a notice to proceed as referenced in Article 3 herein. The City Managermay consider,
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comment upon or approve modifications in accordance with applicable laws and ordinances.
1.3.4 The City Manager may approve change orders which do not exceed the sum
of ten thousand dollars ($10,000.00) (or other such amount as may be specified by the City
of Miami Beach Purchasing Ordinance, as amended) and which do not increase any of the
budgets established herein.
1.4 PROPOSAL DOCUMENTS
"Proposal Documents" shall mean the Request for Letter of Intent, (RFLI)
No. 84-90/91 for UPGRADING SEWER&WATER PUMPING STATIONS INCLUDING
EVALUATIONS, RECOMMENDATIONS AND DEVELOPMENT OF DESIGN
CONSTRUCTION DOCUMENTS AND THE DESIGN, AND ENGINEERING
SERVICES DURING CONSTRUCTION,OF A NEW WATER PUMPING STATION ON
MACARTHUR CAUSEWAY issued by the City in contemplation of this Agreement,
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together with all amendments thereto, if any, and the Consultant's ro osal in response
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thereto ("Proposal")which are deemed as being incorporated by reference in this Agreement
and made a part hereof; provided, however, that in the event of an express conflict between
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the Proposal Documents and this Agreement, this Agreement shall prevail.
1.5 CONSULTANT
The "Consultant" is herein defined as Camp, Dresser & McKee, Inc., a
Massachusetts corporation, whose address is 800 Brickell Avenue,Suite 710, Miami, Florida
33131.
1.5.1 The Consultant for this project shall be duly licensed and admitted to
practice professional engineering in this State pursuant to Chapter 481, Florida Statutes, and
additionally possessing the requisite occupational licenses from the City County.
the Coun .
All engineers required by the needs of this project shall be dulylicensed and certified bythe
State of Florida to engage in the practice of engineering in this State. All special inspectors,
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if any, required by the needs of this project shall be duly certified, licensed and registered.
1.5.2 The Consultant shall be liable for the Consultant's services, responsibilities
and liabilities of any sub-consultants, and any other person or entity acting under the
direction or control of the Consultant. When the term "Consultant" is used in this
Agreement it shall be deemed to include any sub-consultants and anyother or entity
person
acting under the direction or control of Consultant.
1.6 BASIC SERVICES
"Basic Services" shall include engineering consultation and advice of
furnishing the customary environmental, civil, structural, electrical, mechanical, and
architectural, and instrumentation services incidental thereto. The fixed limit of consulting
fees for this project shall be established byAmendment to this Agreement after completion
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of preliminary design phase as outlined in Schedule A.
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1.7 THE PROJECT
"The Project" is herein defined to mean the UPGRADING SEWER &
WATER PUMPING STATIONS INCLUDING EVALUATIONS, RECOMMENDATIONS
AND DEVELOPMENT OF DESIGN CONSTRUCTION DOCUMENTS AND
THE
DESIGN, AND ENGINEERING SERVICES DURING CONSTRUCTION, OF
A NEW
WATER PUMPING STATION ON MACARTHUR CAUSEWAY includingthe following
o owing
projects:
SEWER PUMPING STATIONS (12) TWELVE LIFT STATIONS
WATER PUMPING STATIONS (6) SIX WATER BOOSTER STATIONS
ONE (1) NEW WATER BOOSTER PUMPING STATION ON MACARTHUR
CAUSEWAY
1.8 CONSTRUCTION COST BUDGET
The "Construction Cost Budget" for thisJro'ect shall mean a sum which will
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be established by Amendment to this Agreement upon completion of preliminary design
phase and will be the total construction cost to the Owner of all elements of the Project
designed or specified by the Consultant and approved bythe Owner, including Ppgat current
market rates (with a reasonable allowance for overhead and profit), the cost of. labor), and
materials and any equipment which has been designed, specified, selectedor specifically
pspeci
fically
provided for by the Consultant and approved by the City, and including a contingency
allowance for unforeseen conditions but not to exceed tenercent
p (10%) of the
Construction Cost, but not including the compensation of the Consultant t and the
Consultant's consultants, rights-of-way, the cost of land, materials testing services, bond
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issuance costs, and surveys.
1.9 PROJECT COST
The "Project Cost" shall mean the total cost of theJro'ect to the Owner
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which represents construction costs, professional compensation, rights-of-way,g way, land costs, '�f
any, financing costs, materials testing services,surveys,and other miscellaneous� Owner costs.
1.10 FORCE MAJEURE
"Force Majeure" shall mean any delay occasioned by superior or irresistible
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force occasioned by violence in nature without the interference of human agency such as
hurricanes, tornados, flood, and total loss caused byfire and other similar similar unavoidable
casualties, changes in federal, state or local laws, ordinances, codes or regulations,gu atlons, enacted
after the date of this Agreement and having a substantial impact on the project, or other
causes beyond the Consultant's control or b anyother such causes which the
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and the City Commission decide in writing justifythe delay. Provided, however, that market
conditions, labor conditions, construction industryprice trends and similar mllar matters which
normally impact on the bidding process shall not be considered a Force Majeure.
1.11 CONTRACTOR
"Contractor"or"Contractors"shall mean those persons or entities responsible
for performing the construction work or providing the materials, supplies and equipment
pment
identified in the bid and contract documents for thePJro'ect.
1.12 CONTRACT FOR CONSTRUCTION
"Contract for Construction" shall mean contracts with contractors.
1.13 CONSTRUCTION DOCUMENTS
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"Construction Documents" shall mean the finalP lans, contract forms,
specifications, drawings, documents and diagrams submitted bythe Consultant pursuant to
Article 7 and approved by the City.
1.14 CHANGE ORDER
"Change Order" shall mean the written order to the Consultant approved
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the Owner as specified in this contract and signed by the Owner's duly authorized
representative, authorizing a change in the project or the method and manner of
performance thereof or an adjustment in the fees or as completion dates, applicable.
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1.15 ADDITIONAL SERVICES
"Additional Services" shall mean those services described in Section 2.2
herein, which have been duly authorized in writing by City.
the Cit .
1.16 WORK
"Work" shall mean all of the construction related work to beP erformed on
the project pursuant to the contract documents and the construction bid documents.
1.17 BASE BID
"Base Bid"shall mean the elements contained in the Construction Documents
recommended by the Consultant and approved bythe Owner as beingwithin the
Construction Cost Budget pursuant to the detailed cost estimaterovided bythe Consultant.
p su tant.
"Base Bid" shall not include "Alternates".
1.18 SCHEDULES
"Schedules"shall mean the various schedules attached to this Agreement and
referred to in the Agreement, and are as follows:
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Schedule A: -- Schedule setting forth the Basic Consultant's
Services, compensation, and schedule.
Schedule B: -- The schedule of hourly compensation rates of for
the Consultant for additional services, as submitted bythe Consultant and d approved by the
Owner.
Schedule C: -- Schedule setting forth duties and responsibilities
of Engineer's Project Representative during construction.
Amendments to any Owner approved schedule shall require the same
formalities as amendments to the contract itself.
ARTICLE 2. SCOPE OF SERVICES
2.1 BASIC SERVICES
The Consultant's Scope of Services shall be as described in Schedule A.
2.2 ADDITIONAL SERVICES
The following services are not included in Basic Services unless so identified
t ed
in Schedule A. Any additional service must be authorized. Additional tonal services will include
the following services:
2.2.1 Preparing plans and specifications for alternate, or separate sequential p quential bids
or proposals, and providing extra services in connection with bidding, or construction on prior
to the completion of the Construction Documents Phase, when requestedwriting in writing by the
City.
2.2.2 Making soil borings, boring test analysis and surveys.
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2.2.3 Providing consultation concerning replacement of any damagedby work fire
or other cause curing construction, and furnishing services as may required uired in connection
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with the replacement of such work.
2.2.4 Providing services made necessary by the default of the Contractor, or by
major defects or deficiencies in the work of the Contractor, (provided Consultant promptly
notified the City or Contractor of any such defects or deficiencies reasonablyobserved
by
Consultant), or by failure of performance of either the City or Contractor under the
Contract for Construction.
2.2.5 Providing assistance to the City for permitting other than that as outlined in
Schedule A with the various agencies having jurisdiction over theJro'ect.
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2.2.6 Preparing documents for supplemental work, or to accommodate field
conditions initiated at the City's request and outside the P
scope of the work specified in the
Construction Documents, after commencement of the constructionP hase.
2.2.7 Making revisions in drawings, specifications or other documents when such
revisions are inconsistent with written approvals or instructionsreviouslgiven, that are
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required by the enactment or revision of codes, laws or regulations subsequent to the
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preparation of such documents. If changes are required to be made because of error,
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oversight, inadvertence, clarification or discrepancy in the work of the Consultant, City shall
not be liable to compensate Consultant for additional services in
such connection.
2.2.8 Providing consultation concerning replacement of a neweJ ro'ect or damage
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by fire or other cause during construction, and furnishing professional services the type set
forth herein as may be required in connection with the replacement of such work.
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2.2.9 Providing professional services made necessary by the default of any
contractor or sub-contractor in the performance of the Contract for Construction.
2.2.10 Providing contract administration services duringthe
construction phase,
should the substantial completion date be extended or if the construction contract time and
working days for submittal of approved Final Payment request
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extended by more than 30 days through no fault of the Consultant.
2.2.11 Providing such otherrofessional services •
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which arise from subsequent circumstances and causescircumstances c cumstances and causes
resulting from error, inadvertence or omission of the Consultant) which
do not currently
exist or which are not contemplated bytheparties at the time executing t g this Agreement.
2.2.12 Providing such services to the City in connection with the development of
Revenue Bond issues, provided however that the Consultant willrinformation ov�de and
documents as may be required for the issuance and sale of bonds andrequired as required further
herein.
2.2.13 Preparing to serve or servingexpert witness in connectionwith as an with any
public hearing, arbitration proceeding or legal proceeding.
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2.3 RESPONSIBILITY FOR CLAIMS AND LIABILITIES
2.3.1 Approval by the City shall not constitute nor be deemed a release of the
responsibility and liability of the Consultant, his employee, sub-contractors, agents and
consultants for the accuracy and competency of their designs, working drawings,
specifications or other documents and work; nor shall such approval pp be deemed to be an
assumption of such responsibility by the Cityfor a defect or omission in designs,designs, working
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drawings, and specifications or other documents prepared bythe Consultant, his employees,
sub-contractors, agents and consultants.
2.4 SCHEDULE
2.4.1 The Consultant shall perform Basic and Additional Services as expeditiously
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as is consistent with the standard of professional skill and care required bythis Agreement
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and the orderly progress of the work. The Consultant maysubmit to the Cityadjustments
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to this schedule made necessary by undue time taken byCity to the approve the
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Consultant's submissions, and/or excessive time taken byCity to the approve the work or
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parts of the work. The City shall not unreasonablyrefuse to approve such adjustment to the
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time schedule if the request is made in a timelymanner and is fullyjustified. This schedule,
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when approved by the City, shall not, except for reasonable cause, be exceeded by the
Consultant.
2.4.2 The parties agree that the Consultant's services during all phases of this
project will be performed in a manner which shall conform with the approved schedule.
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City has provided Consultant with the Projectgoals and design elements
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as set forth in the RFLI and in Section 1.7 herein, and shallP rovide consistent with the
foregoing described goals such additional requirements for the as maybe necessary,
Project
including the items listed in Schedule A, includingspacerequirements and relationships,
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flexibility and expendability, special equipment and systems and the site requirements.
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3.2 The Consultant shall establish a Construction Cost Budget for the Project,
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which may include contingencies for bidding, changes in the work duringconstruction,
gand
other costs which are the responsibility of the City, including those described in this Article
3 and in Article 4. The City shall, at the request of the Consultant, provide p e a statement of
funds available for the Project, and their source.
3.3 The City Manager shall designate a representative defined as the City's
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Project Coordinator authorized to act in the City's behalf with respect to the Project. The
City's Project Coordinator shall examine the documents submitted bythe
Consultant and
shall transmit written decisions pertaining thereto promptly, to avoid unreasonable delay in
the progress of the Consultant's services. The City shall observe the procedure of issuing
ssuing
orders to its contractors only through Consultant.
3.4 In the City's sole discretion, the City may furnish legal, accounting and
insurance counseling services as may be requested at anytime for the Project, including including such
auditing services as the City may require to verifythe Contractor's applications s for payment
or to ascertain how or for what purposes the Contractor uses the moniesaid byor
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behalf of the City.
3.5 If the City observes or otherwise becomes aware of anyofdef
cause ect in
the Project or nonconformance with the Contract for Constructionrom written pt written nonce
thereof shall be given by the City to the Consultant.
3.6 The City shall furnish required information and services and render
approvals
and decisions in writing as expeditiously as necessary for the orderly progress of the
Consultant's services and of the Work. No approvals required by City during ng the various
phases of the Project shall be unreasonably delayed or withheld; provided that City ty shall at
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all times have the right to approve or reject thero osed submission of Consultant on any
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reasonable basis.
ARTICLE 4. CONSTRUCTION COST
4.1 RESPONSIBILITY FOR CONSTRUCTION COST
4.1.1 Consultant hereby represents to City, and Consultant is aware that Cityis
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relying on such representation in entering into this Agreement, that Consultant has the
necessary resources and expertise to provide an Opinion of Probable Construction Cost.
Consultant further understands that the City will base the size of a bond issue upon the
Consultant's estimate of probable construction cost.
4.1.2 If the bidding phase has not commenced and advertisement for bid occurred
within two (2) months after the Consultant submits the construction document to the City,
the Construction Cost Budget shall be adjusted to reflect any change in the general level of
prices in the construction industry between the date of submission of the Construction
Documents to the City and the date on whichro osals are sought, based on Engineering
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News Record (ENR) Construction Cost Index or other mutually acceptable table methods.
4.1.3 If the lowest bona fide base bid exceeds the Consultant's Opinion of
Probable Construction Cost (adjusted as provided in
Subparagraphmore than ten
4.1.2) b Y
percent (10%), the City Commission in its sole discretion, have anyof the followingoptions:
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(1) give written approval of an increase in the Construction Cost Budget, (2)g , reject all
bids
or proposals, authorize rebidding, or (if permissible) authorize a Project
renegotiation of the Proj
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within a reasonable time, (3) abandon the project and terminate in accordance with Section
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11.4, (4) select as many deductive alternatives as maybe necessaryto bringthewithin
award within
the Construction Cost Budget, or (5) cooperate with the Consultant in reducing project
ng the
scope and quality and construction schedule and sequence of work as required to reduce q the
construction cost. In the event the City elects to reduce the quality,scope Projectp q ty,under
this paragraph, the Consultant shall provide such revisions to the Construction Documents
and provide rebidding services, as many times as requested by the City, as Basic c Sel-vlces,
with no additional cost to the City until the Base Bid meets the requirements Section.
is of this Section.
ARTICLE 5. REIMBURSABLE EXPENSES
5.1 Reimbursable expenses are in addition to the compensation for
p basic and
additional services and include actual expenditures made by the Consultant tant and the
Consultant's employees and sub-consultants in the interest of the Project for the expenses
listed in the following subparagraphs. All reimbursable expenses pursuant to this s Article,
except for those set forth in Section 5.1.4, 5.1.5, and 5.1.6, must be authorized in
advance
by the City Manager or the City's Project Coordinator.
An allowance for reimbursable expenses is established as a condition to this
Agreement. Invoices or vouchers for reimbursable expenses shall be submitted ed along with
supporting receipts, and other reasonable back-up material if requested by City, by the
Consultant to the City, and Consultant shall certifyas to each such invoice that the e amounts
and items claimed as reimbursable are "true and correct and in accordance with the
Contract".
Expenses subject to reimbursement in accordance with the aboveP rocedures
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are as follows:
5.1.1 Expense of data processing and photographproduction techniques when used
q
in connection with additional services.
5.1.2 If authorized in advance by the City Manager er or the City's Project
Ject
Coordinator, expense of overtime work requiringhigher than regular rates not caused
g g by
Consultant or part of Consultant's Basic Services, special consulting services, if any, or other
services.
5.1.3 Expense of any additional insurance coverage or limits requested bythe City
q
in excess of the insurance requirement set forth in Article 12.
5.1.4 Expense of transportation in connection with the Project; livingexpenses in
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connection with out-of-town travel;long distance communications; and feesaid for securing
ng
approval of authorities having jurisdiction over the comply with
Consultant shall
J p y
the City's standards for reimbursable travel expenses. Travel within Dade Countyshall s all not
be reimbursable.
5.1.5 Expense of reproduction, postage, overnight mail, delivery service, and
handling of drawings, specifications and other documents, excludingreproductions
for the
office use of the Consultant and the Consultant's consultant.
5.1.6 Aerial photography expenses.
ARTICLE 6. CONSULTANTS ACCOUNTING RECORDS
6.1 Records of reimbursable expenses and expenses pertaining to additional
onal
services and services performed on the basis of a multiple of direct personnel expense shall
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•
be kept on the basis of generally accepted accountingprinciples and shall be
P available
p to
the City and the City's authorized representatives at mutually convenient times and location.
ARTICLE 7. OWNERSHIP AND USE OF DOCUMENTS
7.1 All plans or drawings will be prepared and submitted by Consultant to City
for approval. Working drawings will bereared on Plate B tracingcloth
P P or mylar drafting
film or the equivalent, with all lettering in ink or pencil or press-type and clearly legible
ble
when the sheets are reproduced and reduced to half size.
7.2 All documents including, but not limited to, tracings, drawing, estimates,
g � g, t ates,
specifications, investigations and studies completed or partially completed, shall
become the
property of the City without restriction or limitation on their use. Consultant, its sub-
consultants, sub-contractors, agents or employees shall be liable to Cityfor
any y loss or
damage to any such documents while they are in possession of or while they are being
worked upon by the Consultant or any one connected with him. All documents so lost or
damaged shall be replaced or restored bythe Consultant at his sole expense.
p se.
7.3 Upon completion of the construction of theJh'ro'ect, Consultant shall, within
tin
ninety (90) calendar days, following final inspection, deliver to the City the original nal contract
working drawings and tracings, or mylar or sepia prints (3 mil), correct to post
construction
(as-built) conditions, to the City's Project Coordinator, includingchangesduring made during the
course of the project by the Contractor. Consultant shall deliver the above documents to
the City within thirty (30) days of termination of this termination Agreement or
g urination or
abandonment of the Project.
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ARTICLE 8. TERMINATION OF AGREEMENT
8.1 RIGHT TO TERMINATE
The City may terminate this Agreement for cause in the event that: (1) the
Consultant wilfully violates any provisions of this
or Agreementperforms same in bad faith,
or (2) unreasonable delays the performance of the Services, upon notice to the Consultant
p su tant
in writing seven (7) days prior to termination. Payment for Services performed shall then
be made in accordance with Article 11 herein.
THE CITY, IN ADDITION TO THE RIGHTS AND OPTIONS TO
TERMINATE GIVEN ABOVE, OR ANY OTHER PROVISIONS SET FORTH IN THIS
AGREEMENT, RETAINS THE RIGHT TO TERMINATE THIS AGREEMENT
AT ITS
SOLE OPTION AT ANY TIME FOR CONVENIENCE WITHOUT CAUSE S AND
WITHOUT PENALTY, WHEN IN ITS SOLE DISCRETION IT DEEMS SUCH
TERMINATION IS IN THE BEST INTEREST OF THE CITY. PAYMENT FOR
SERVICES SATISFACTORILY PERFORMED AND FOR DELIVERY OF
DOCUMENTS SHALL BE IN ACCORDANCE WITH SECTION 8.4 AND ARTICLE 11
HEREIN.
The Consultant may terminate this Agreement for cause in the event that the
City, acting through its Project Coordinator or otherwise, wilfully violates any provisions ons of
this Agreement or unreasonable delaysa ment for the Services, upon written notice yp to the
City thirty (30) days prior to termination. In that event, a ment for Servicessatisfactorily
y
performed prior to the date of termination shall be made in accordance with Article 11
herein.
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I
The Consultant shall have no right to terminate this Agreement for
convenience of the Consultant, without cause.
8.2 TERMINATION FOR CAUSE
In the event this Agreement is terminated by City for cause, the City, acting
g
through the City Manager, may take over the Consultant's Services and complete them,
P by
contracting with another Consultant(s) or otherwise, and in such event, the Consultant shall
be liable to the City for any additional cost incurred byCity the due to such termination.
"Additional Cost" is defined as the difference between the actual cost of completion of such
incomplete Services and the cost of completion of such Services which would have resulted
from payments to the Consultant hereunder had the Agreement not been terminated.
ed.
Payment for Services satisfactorily performed by the ConsultantP rior to
receipt of notice of Termination for Cause, and accepted bythe Cit shall be made in
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accordance with Article 11 herein and City shall have no further liability compensation
ensation
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expenses or fees to Consultant except as set out in Article 11.
Upon receipt of written notice of termination, the consultant shall, when
directed by the City, promptly assemble and submit asrovided herein or as required
p q ed in the
written notice hereunder, all documents including drawings, calculations, specifications
s
correspondence, and all other relevant materials affected by such termination.
In the event of Termination for Cause, no payments to the Consultant shall
be made: (1) for Services not satisfactorily performed• and (2) for assembly of submittal
ttal
of documents for the Services performed satisfactorily or unsatisfactorily.
8.3 TERMINATION FOR CONVENIENCE
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8.3.1 NON EXCLUSIVE PROVISIONS
In the event the City causes abandonment, termination or suspension of the
Consultant's Services or parts thereof without cause asP rovided in Section 8.1 herein, the
Consultant shall be compensated for all Services rendered upto the time of receipt of said
P
abandonment, termination, or suspension, and for the assembly and submittal to the City
of affected documents for the Services performed, in accordance with Article 11, and City
shall have no further liability for compensation fees or t as set expenses to consultant except p
forth in Article 11.
8.4 IMPLEMENTATION OF TERMINATION
In the event of termination either for causer for or convenience, the
Consultant, upon receipt of the notice of termination, shall: stop the performance of
Services under this Agreement on the date and to the extent specified in the notice of
termination; place no further orders or subcontracts except as may be necessary for
completion of any portion(s) of the Services not terminated, and as authorized by the
written notice; terminate all orders and subcontracts to the extent that they relate to the
performance of the Services terminated bythe notice of transfer title to the
termination;
City (to the extent that title had not already been transferred) and deliver in the manner,
at the times, and to the extent directed by the City, allY
P P ro ert purchased under this
Agreement and reimbursed as direct item of cost and not completion required for of the
q
Services not terminated; promptly assemble and submit asP rovided herein all documents
for the services performed, including drawings, calculations, specifications, correspondence,
g
and all other relevant materials affected by the termination; and
complete performance of
P
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any Services as shall not have been terminated by the notice of termination.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 This Agreement shall be governed by the laws of the State of Florida.
9.2 As between the parties to this Agreement; as to all acts or failures to act by
either party to this Agreement, any applicable statute of limitations shall commence to run
and any alleged cause of action shall be deemed to have accrued in any and all events not
later than the relevant Date of Substantial Completion of the Work and the issuanceof
p the
temporary certificate of occupancy, and as to any acts or failures to act occurring after the
relevant Date of Substantial Completion, not later than the date of issuance� of the final
Certificate for Payment.
9.3 NON-SOLICITATION
The Consultant warrants that it has not employed or retained any company
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or person, other than an employee working solely for the Consultant, to solicit or secure this
Agreement; and that it has not paid, nor agreed to pay any company or other person any
fee, commission, gift or other consideration contingent upon the execution of
this
Agreement. For breach or violation of this warranty, the Cityhas the right to annul this
g
Agreement without liability to the Consultant for any reason whatsoever.
9.4 LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doingCity the can
place a limit on City's liability for any cause of action for moneydue to an alleged
damages g
breach by the City of this Agreement, so that its liabilityfor anysuch breach never
exceeds
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T +
the sum of compensation payable pursuant to ra Parag Ph A4 of Schedule A. Consultant
hereby expresses its willingness to enter into this Agreement with Consultant's recoveryfrom
g
the City for any damage action for breach of contract to be limited to a maximum amount
of compensation payable pursuant to Paragraph A4 of Schedule A, less the amount of all
funds actually paid by the City to Consultantursuant to this Agreement.
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Accordingly, and notwithstanding any other term or condition of this
Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for
damages in an amount in excess of compensation payablepursuant to Paragraph A4 of
PY
Schedule A, which amount shall be reduced by the amount actually paidbyCity the 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 subparagraph or elsewhere in this Agreement is in
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any way intended to be a waiver of the limitation
upon laced City's liabilityas set forth in
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Florida Statutes, Section 768.28.
9.5 ARBITRATION
All claims, disputes and other matters in question between the Consultant
and the City arising out of, or relating to this Agreement, the Project, the Work, the
g �
Construction Documents or the breach thereof may, at the City's sole option, and only upon
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the exercise of that sole option by the City, together or separately as the City sees fit, be
decided by arbitration in accordance with the Construction IndustrY Arbitration Rules of the
American Arbitration Association when obtaining as modified hereby.
Any arbitration arising out of or relating to this Agreement, the Project, the
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I r
Work, the Construction Documents, or the breach thereof mayinclude byconsolidation,
joinder or in any other manner, at the City's sole option, any other entities or persons whom
the City believes to be substantially involved in a commonq uestion of fact or law. In the
event that more than one claim, dispute or other matter inuestion, shall be in existence
q
at the same time, the City may at its sole option decide which of such claims, disputes or
other matters in question shall be arbitrated and which shall not be arbitrated. Such
decision shall be final and unappealable, and no arbitration shall be authorized
to consider,
decide, or make any award on any claim or matter which City has determined shall not be
arbitrated.
In the event that the Consultant wishes to request arbitration of any claim,
dispute or other matter in question, the Consultant shall file a notice of demand for
0
arbitration in writing with the City specifically describing the claims, disputes andother
matters in question which the Consultant wishes to submit to arbitration. The Consultant
may not unilaterally elect arbitration or cause arbitration to occur. The City has the sole
discretion to decide whether or not any such claims, disputes, and other matters shall
p be
submitted for arbitration. If the City wishes to submit any claim, dispute or other matter
in question, whether or not it is the subject of a request for arbitration bythe Consultant,
J q su tant,
the City shall file a notice of demand for arbitration with the American Arbitration
Association and with the Consultant.
The City shall have the right, but not the obligation, by so electingin its
arbitration demand, to invoke the followingmethod of selection of arbitrators in lieu of that
t
otherwise provided by the American Arbitration Association Rules. If the City so elects in
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I .
♦ 1 .
t
its notice of demand for arbitration, the City may appoint one party-appointed arbitrator in
n
its notice of demand for arbitration. If the City does so, the Consultant may, within thin ten (10)
days, appoint a second party-appointed arbitrator. These two -art '
p y appointed arbitrators
shall, within thirty (30) days, or such further time as maybe agreed City
g upon between the City
and the Consultant, appoint a third arbitrator. If the -
art a ointe arbitrators y pp d arbitrators fail to
appoint a third arbitrator, the third arbitrator shall be appointed in accordance pp da ce wnth the
Construction Industry Arbitration Rules of the American Arbitration Association.
The City
may elect in its notice of demand for arbitration, to have the discoveryrights g and procedures
provided by the Florida Rules of Civil Procedure to be available and enforceable within ceable within the
arbitration proceeding.
In any case in which the City elects to submit a claim, dispute, or other
P
matter in question to arbitration as provided herein, the City shall, in its sole discretion,
select the locale for the arbitration. Anyrequest or demand for arbitration hereunder q shall
be made before the date when institution of roc or legal equitable g q proceedings based on such
claim, dispute or other matter inuestion would be barred bythe applicable statute of
limitations.
This agreement to arbitrate shall be specifically enforceable by the City
under the prevailing arbitration law. Any award rendered by arbitrators shall be final and
enforceable by any party to the arbitration, and judgment may be rendered upon it t in
accordance with applicable law in anycourt havingjurisdiction thereof.
Consultant and City mutually agree to arbitrate under the terms and
conditions outlined in this Article. Consultant has included in the contractprice p ce to be paid
-24-
on this contract a sum of not less than ten dollars ($10.00) as compensation and
consideration for irrevocably offering the foregoing options and arbitration rights g g p g is to City.
In further consideration for such irrevocable offer andrant of the foregoing g g g o ptions and
arbitration rights to it, City agrees that, notwithstandingits right and discretion n
g ot to do so,
it shall arbitrate, after the final completion of the work anyclaims which
Consultant selects
which total, in the aggregate, up to five thousand dollars City'sobligation ob lgatlon to
arbitrate such claims totalling up to five thousand dollars ($5,000.00) shall be s ifi specifically
enforceable by any party to the arbitrator(s) shall be final and enforceable by any party to
the arbitration, and judgment may be rendered upon it in accordance with
applicable law
in any court having jurisdiction thereof.
Unless otherwise agreed in writing, and notwithstanding anyother rights or
g
obligations of either of the parties under this Agreement, the Consultant shall carry ry on with
the performance of its services and duties hereunder duringthe pendencyof
any claim,
dispute, other matter in question or arbitration or other proceeding to resolve any claim,
dispute or other matter in question, and the Cityshall continue to make
payments to the
Consultant in accordance with this Agreement, but the City shall be under no obligation to
make payment to the Consultant on or against such claims, disputes, or other mattersin
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question, during the pendency of any arbitration to otherg
roceedin to resolve such claims,
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disputes or other matters in question.
ARTICLE 10. EXTENT OF AGREEMENT
10.1 This Agreement represents the entire and g
integrated agreement between the
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1
f t
City and the Consultant and supersedes allrior ne otiations representations
P g or
agreements, either written or oral. This agreement maybe amended onlybywritten
instrument signed by both City and Consultant utilizing the same formalities as were used
for its adoption.
ARTICLE 11. BASIS OF COMPENSATION
11.1 COMPENSATION FOR SERVICES
11.1.1 Consultant shall be compensated as set forth in Schedule A and Schedule
du e
B which are appended to this agreement and incorporated byreference herein
p
11.1.2 For reimbursable expenses as described in Article 5, the Consultant shall a be
paid the exact amount expended by the Consultant and consultants in the interests of the
project subject to the Consultant furnishingadequate documentation of the expenses q and,
it required, demonstrating to the satisfaction of the City that the expense was in the interest
of the Project.
11.1.3 Payments will be considered due thirty (30) days from receipt by the City of
a detailed statement or invoice.
11.2 PAYMENTS ON ACCOUNT OF BASIC SERVICES
11.2.1 Payments for Basic Services shall be made monthly upon presentation resentation and
receipt of Consultant's invoice or statement based on agreed percent completion of
work.
Payments for Resident Project Representative Service shall be invoiced monthlyanddivided
divided
equally for the construction phase.
11.3 PAYMENT ON ACCOUNT OF ADDITIONAL SERVICES
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t t
11.3.1 Payment on account of the Consultant's additional services as defined in
Section 2.2 and for reimbursable expenses defined in Article 5 shall be made
within forty-
five (45) days of presentation of the Consultant's detailed statement or invoice oice of services
rendered or expenses incurred which shall be rendered in duplicate to the City ty Manager.
11.4 PROJECT SUSPENSION OR TERMINATION
11.4.1 If the Project is suspended or abandoned in whole or inart for more ore than
three (3) months, the Consultant shall be compensated for all services prior performed prior to
receipt of written notice from the City of such suspension or such abandonment,t, together
with reimbursable expenses then due. If theJ ro'ect is resumed after being g sus pended for
more than three (3) months, the Consultant's compensation shall be equitably adjusted.
P q y J sted.
ARTICLE 12. INSURANCE
The Consultant shall comply throughout the term of this Agreement with the
insurance stipulated herein. It is agreed bytheparties that the Consultant shall not
commence with this Project until proof of the following insurance coverage has been
furnished to the City. The Consultant will maintain in effect the following insurance
coverages:
(a) Architects and Engineers Professional LiabilityInsurance in the amount of
Three Million ($3,000,000) Dollars annual aggregate on a claims made basis. If
coverage
is a claims made policy, Consultant shall provide City evidence of insurance coverage, which
ch
includes coverage for act or omissions during this Agreement, for a period of four ur (4) years
after completion of work under this Agreement. Thisparagraph shall
survive the
-27-
•
•
termination of this Agreement.
(b) Comprehensive General LiabilityInsurance in the amount Million
u t of One Million
($1,000,000.00) Dollars Single Limit Bodily InJury and Property YD
Damage coverage for each
occurrence, which will include products, completed operations, and contractual liability
ty
coverages. The City must be named as an additional named insured on thisold
p cy.
(c) Worker's compensation and employer's liability coverage within thin the statutory
limits of the State of Florida.
(d) Thirty (30) days prior written notice of cancellation 0 or a substantial
modifications in the insurance coverages must beiven bythe Consultant g nsu tant to the City
Manager.
(e) The insurance must be furnished by an insurance company rated A:X or
better, or its equivalent, according to Bests' Guide Rating Book and must additionally tionally be
furnished by insurance companies dulyauthorized to do business inFlorida the State of Floriand
countersigned by the company's Florida resident agent.
ARTICLE 13. INDEMNIFICATION
13.1 In consideration of a separate and specific consideration of$10.00p and other
good and valuable consideration the receipt of which is herebyacknowledged, the
Consultant hereby agrees to indemnify, defend and hold the Cityand its
employees,p oyees, agents
and authorized representatives harmless with respect to anyand all costs, claims,c aims, damages
and liability which may arise out of the performance of this Agreement as a result esult of any
negligent or wrongful act or omission of the Consultant, or the Consultant'ssub-consultants,
sub consultants,
-28-
if any, or any other person or entity under the direction or control of Consultant. The
Consultant shall pay all claims and losses of anynature whatsoever in connection therewith
e evvith
and shall defend all suits, in the name of the City, its employees, a ents and authorized
tYg o ed
representatives when applicable, including appellate proceedings, and shallpayall costs,
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judgments and attorneys' fees which may issue thereon.
ARTICLE 14. ADDITIONAL CONDITIONS
14.1 ASSIGNMENT
The parties each hereby bind themselves, their successors, assigns and legal
g g
representatives to each other with respect to the terms of the Agreement. Neither party
shall assign, sell, pledge or otherwise transfer this contract or anyportion thereof, without
tout
written authorization and consent of the other partyto this Agreement. The parties agree
that the Consultant's services are unique in nature and that the Consultant mayonly y r eceive
such authorization by way of a City Commission resolution.
14.2 COMPLIANCE WITH ALL LAWS
The Consultant, its consultants, agents and employees and sub-contractors,
shall comply with all applicable federal, state and county laws, the charter, related laws and
ordinances of the City of Miami Beach, and with all applicable rules and regulations
PP gu
promulgated by local, state and national boards, bureaus and agencies.
14.3 VENUE
This Agreement shall be enforceable in Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of anyand all of the
-29-
1
i 1
1
l
terms or conditions herein exclusive venue for the enforcement of same shall lie in Dade
County, Florida. Arbitration proceedings shall takelace in Dade County, Florida.
P ty,
14.4 NOTICES
All written notices given to City by Consultant shall be addressed to the City
Manager, City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida
orida
33139, with a copy to the City Attorney, 1700 Convention Center Drive, Miami Beach,
Florida 33139, and the designated Project Coordinator. All written notices from
the City
to the Consultant shall be addressed to the Consultants, Camp, Dresser & McKee, Inc.,
800 Brickell Avenue, Suite 710, Miami, Florida 33131. All notices mailed byeither
party
shall be deemed to be sufficiently transmitted if sent bycertified mail, return receipt
eceipt
requested.
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1 1
r 1 �
IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents
to be signed in their names by their duly authorized officers andrinci al
p p s, attested by their
respective witnesses and City Clerk on the dayand first hereinabove written.
year
CITY 0 MIAMI BEAC
By ea
Y•
A I I EST:
MA '
FO'M APPROVED
FGA DEPT.
17‘.
CITY CLERK 6//2"-2-
_r-
Date
CONSULTANT:
CAMP, DRESSER & McKEE, INC.
. D/
By.
(Signature)
ARMANDO I. PEREZ
(Type Name of Person Signing)
ATTEST:
jc, r
Corporate Secretary
CORPORATE SEAL
RICHARD M. DOHERTY
(Type Name of Person Signing)
-31-
•
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SCHEDULE A
SCOPE OF SERVICES, COMPENSATION AND SCHEDULE
Updated May 27, 1992
Al SCOPE OF BASIC SERVICES OF CONSULTANT
CONSULTANT shall provide the CITY professional engineering services in all
phases of the project to which this Agreement applies as hereinafter
provided. These services will include serving as CITY'S professional
engineering representative for the project, providing professional
engineering consultation and advice, and furnishing customary environmental,
civil, structural, mechanical, instrumentation, and electrical engineering
services and customary architectural services incidental thereto.
A.1.1 PHASE I - PRELIMINARY DESIGN
PART 1 - UPGRADING OF WATER AND SEWER PUMP STATIONS
The locations of the pump stations are shown in Figure A-1.
TASK 1 - REVIEW EXISTING EQUIPMENT AND FACILITIES
CONSULTANT will visit each of the CITY'S water and sewer system facilities to
review existing electrical power, pump-drive, and control devices. Included
will be electrical service, stand-by emergency generators, hearing and
ventilation devices, variable-speed pump drives, field located process
sensors, transmitters, control elements, telemetering system equipment, and
the Central Control Center.
TASK 2 - MEET WITH WATER AND SEWER PERSONNEL
CONSULTANT will meet with appropriate department personnel to discuss the
project and to identify the operational needs of the system. During the
discussions, CONSULTANT will identify the ramifications of various
improvement alternatives to confirm that they best meet the Department's
needs. Discussions on the work plan will enable the plan to be refined and
the schedule to be modified, if necessary, to be fully compatible with the
CITY's other on-going projects, resources, and operational constraints.
A-1
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PREPARED BY CITY OF MIAMI BEACH
TASK 3 - EVALUATE WATER BOOSTER STATION ELECTRICAL POWER
ALTERNATIVES
CONSULTANT will evaluate the cost of replacing the existing 4,160 volt
services with 480 volts, and replacing the existing 4,160 volt wound-rotor
motors with new, high efficiency, 480 volt motors. The standard voltage for
variable frequency drives in the horsepower ranges of the booster pump
station pumps is 480 volts. In order to use the existing 4,160 volt services
and motors, a 4,160 to 480 volt step-down transformer and a 480 to 4,160 volt
transformer is necessary for each pump. These transformers have a high first
cost and the associated transformer loses reduce the overall drive
efficiency, which will impact the decision whether to retain 4,160 volt
services or change to 480 volts.
TASK 4 - EVALUATE WASTEWATER PUMPING STATION REQUIREMENTS
All the wastewater pump stations are underground. There are inherent
ventilation and humidity problems associated with underground stations.
Variable Frequency Drives (VFDs) are very susceptible to high temperatures
and high humidity. A thorough investigation of each station will be
conducted to obtain a proper environment for the new VFDs.
Existing stand-by generators require a capacity analysis to make sure there
is ample stand-by power for the VFDs. Normally, a standard geneartor must be
limited to 50 to 70 percent capacity of VFD load due to heating effects of
harmonic currents. Also. harmonics generated by the larger drives could have
an adverse affect on the existing power company transformers.
Each relay panel will be closely inspected to determine if renovation is cost
effective.
Some of the stations will present space problems, especially in the large
sizes, where the replacement VFD cabinets are larger than the existing liquid
rheostat cabinets.
TASK 5 - ANALYZE EXISTING TELEMETERING SYSTEM CAPABILITIES
CONSULTANT will review and evaluate the existing telemetering system's
capabilities, their operating condition, and their performance history to
determine how much of the existing system could be incorporated into a new
system.
TASK 6 - EVALUATE EXISTING COMMUNICATIONS (TELEPHONE CIRCUITS)
SYSTEM
CONSULTANT will evaluate the existing communications system's performance
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regarding mode of operation, frequency of failures, message security, and
y
equipment upgradeability.
TASK 7 - RECOMMENDATIONS FOR WATER BOOSTER STATION
IMPROVEMENTS
CONSULTANT will prepare cost/benefit analysis of the electrical and control
system improvement alternatives for the water booster pumping stations, and
will provide recommendations for improvements.
TASK 8 - RECOMMENDATIONS FOR WASTEWATER PUMPING STATION
IMPROVEMENTS
CONSULTANT will prepare a cost/benefit analysis for the required electrical,
HVAC, and control system improvement alternatives for the wastewater pumping
stations, and will provide recommendations for improvements.
TASK 9 - REVIEW OF AVAILABLE TELEMETERING (SCADA) SYSTEMS
CONSULTANT will obtain and compile information on the eight leading SCADA
systems currently available on the market. Information included on each
supplier will consist of financial, technical and performance data, along
with recent project references. CONSULTANT will assist the CITY with
evaluation of the benefits, disadvantages, and costs associated with possible
implementation of each of the systems, and will accompany CITY staff to site
and/or factory demonstration visits of selected suppliers.
TASK 10 - EVALUATE DIFFERENT SYSTEM APPROACHES
CONSULTANT will evaluate different system implementations against the
requirements developed for the system and provide recommendations for the
system approach and method of implementation. This will take into
consideration expected costs for each alternative.
TASK 11 - ESTABLISH CONTROL CENTER NEEDS
CONSULTANT will evaluate the existing control and computer room to identify
required environmental and electrical improvements to allow optimization of
available space.
TASK 12 - DEVELOP PRELIMINARY COST ESTIMATE
Based on the recommended improvements, anticipated training and warranty
maintenance requirements, along with implementation schedule, CONSULTANT will
prepare a preliminary cost estimate and cash flow projections for the
project.
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1 r
l ,
TASK 13 - FUNDING REQUIREMENTS PROJECTION
Based on preliminary discussions with department management staff regarding
project funding, a schedule for the implementation of project components will
be developed. If required, the phased implementation schedule will identify
essential project components which may be expanded, upgraded, or improved
during later phases.
TASK 14 - PREPARE REQUIREMENTS AND DRAFT PRELIMINARY
ENGINEERING REPORT
CONSULTANT will prepare a report outlining the needs and objectives of the
project. This report will identify:
o The extent to which existing electrical and pumping equipment,
insrumentation, controls, and telemetry systems can be utilized.
o Requirements for new electrical, pumping, instrumentation, control
and telementry equipment, and software.
o The proposed electrical, control, and telemetering system
alternatives.
o Cost/performance analysis for each design alternative.
o Recommended alternative including system block diagrams.
o Recommended implementation schedule and preliminary cash-flow
projections.
TASK 15 - QUALITY MANAGEMENT WORKSHOP
Following preparation of the Draft Report, CONSULTANT will conduct an
internal technical review by personnel with the required expertise who are
not otherwise involved in the project. This ensures the highest technical
quality of the product.
The workshop provides an open forum for discussion of the findings,
encouraging participation by affected City staff.
TASK 16 - FINAL PRELIMINARY ENGINEERING REPORT
Following the Quality Management Workshop, and reflecting CITY's comments,
CONSULTANT will finalize the report.
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TASK 17 - PROJECT MANAGEMENT
Activities performed under this Task consist of those administrative
functions required to ensure that the project remains on schedule, within
budget, and that the quality of the work products defined within this scope
is consistent with CONSULTANT's standards.
PART 2 - NEW WATER PUMP STATION
The location of the site of the new pump station is shown in Figure A-2.
TASK 1 - INITIAL MEETING WITH CITY
This Task consists of an initial meeting between CONSULTANT and the City of
Miami Beach.
Items to be discussed will include:
o Review and understanding of project requirements.
o CONSULTANT's approach to the project.
o Permitting requirements.
o Availability by the CITY of all necessary background information.
TASK 2 - DATA COLLECTION
This Task consists of obtaining all relevant information to prepare a
preliminary basis for design.
The CONSULTANT will:
o Visit the site and review existing field conditions.
o Review available data on existing utilities, including water, sewer,
power, and gas.
o Evaluate availability of required utilities to serve pumping
stations.
TASK 3 - HYDRAULIC ANALYSIS
This Task focuses on analysis of operational flexibility of the booster
pumping station during different flow demand conditions. A system head curve
analysis will be undertaken and system curves will be drawn representing the
range between the present high and low system pressures at the pumping
station site.
Preliminary configurations of pump units will be selected.
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TASK 4 - COST ANALYSIS OF PUMPING SYSTEM ALTERNATES
This Task focuses on defining the optimal sizing and layout of the pumping
units.
To achieve this, a cost-effective analysis of the various pumping
alternatives selected in the hydraulic analysis will be performed and the
actual design capacity of the booster pumping station will be based on the
most cost-effective configuration.
The number and capacities of pump units will be selected. Suction and
discharge piping sizes will be selected. A preliminary sizing of the pump
station will be made.
TASK 5 - ALTERNATE SITE PLANS
This Task consists of developing and evaluating several site layouts and
making recommendations for site facilities.
The recommended site layout will be selected based on that which best
achieves the following objectives:
o Provides buffering and landscaping to be compatible with surrounding
developments.
o Effectively uses the site to allow for potential future expansions.
o Provides ease of access for CITY personnel.
o Provides adequate erosion and sedimentation control.
o Incorporates security features necessary to prevent vandalism.
o Offers ease of construction.
TASK 6 - EVALUATION OF OTHER PUMP STATION DESIGN CONSIDERATIONS
This Task focuses on the evaluation of other pump station design
considerations:
o Evaluation of the following pump station design considerations will
be performed:
- surge
- flow metering
- instrumentation systems
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c `
11
- electrical requirements and standby power
- architectural issues (type of construction, etc.)
- security facilities
- landscaping
- type of pumps, motors, and valves
- selection of mechanical equipment
- typical operating modes under varying conditions
- erosion control
- maintenance requirements
TASK 7 - REQUIREMENTS FOR PERMITTING
This Task consists of determining what permits will be needed for the
project, and will include a review of all state and local permit
requirements. The agencies from which permits will be required will be
identified.
TASK 8 - COST ESTIMATE
This Task provides for the preparation of a preliminary opinion of the
probable cost of construction of the project.
This estimate will be submitted to the CITY as part of the Preliminary Design
Report.
TASK 9 - TECHNICAL REVIEWS
This Task consists of in-house technical reviews of the basis of design.
Senior staff in all applicable disciplines will attend these meetings to
ensure that an appropriate level of engineering analysis is undertaken and
also to ensure that the work is of high quality and technically sound.
Two technical reviews will be scheduled during the course of the report
preparation; one of these reviews will take place during the preliminary
phase of the report preparation and the second review will be prior to the
submittal of the draft report to the CITY.
Representatives from the CITY will be invited to attend and participate in
the technical review meetings.
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', M 1 1
TASK 10 - PRELIMINARY DESIGN REPORT
This Task consists of the preparation of draft and final preliminary design
reports.
The report will include the following:
o Description of a recommended pump station, booster pumps, electrical
system instrumentation and control components.
o Recommendations for a preliminary site layout showing major
structures, access roads, major below ground piping, surface water
retention areas and landscaping areas.
o Identification of permits required for implementation of the project.
o A preliminary estimate of the probable cost of construction.
o Typical manufacturer's catalog sheets describing major equipment to
be specified.
Consultant will submit five copies of the draft report to the CITY for review
and will meet with the CITY, as required, for a technical review and to
address questions or comments on the report.
Following completion of the CITY review process, CONSULTANT will incorporate
the CITY's comments into a final report and will submit ten copies of the
final preliminary design report to the CITY.
TASK 11 - PROJECT MANAGEMENT
Activities performed under this Task consist of those administrative
functions required to ensure that the project remains on schedule, within
budget, and that the quality of the work products defined within this scope
is consistent with CONSULTANT's standards.
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A. 1.2 PHASE II - FINAL DESIGN
A.1.2. 1 Document Production
The CONSULTANT will prepare the detail design for any project for which the
design report has been approved in writing by the CITY.
The CONSULTANT will prepare for incorporation in the Contract Documents,
final drawings to show the general scope, extent, and character of the work
to be furnished and performed by Contractor(s) (hereinafter called
"Drawings") and Specifications (which will be prepared in conformance with
the sixteen-division format of the Construction Specifications Institute).
The CONSULTANT will provide technical criteria, written descriptions, and
design data for CITY's use in filing applications for permits with or
obtaining approvals of such governmental authorities as have jurisdiction to
approve the design of the project, and assist the CITY in consultations with
appropriate authorities.
The CONSULTANT will advise CITY of any adjustments to the latest opinion of
probable Total Project Costs caused by changes in general scope, extent, or
character or design requirements of the project or construction costs. The
CONSULTANT will furnish the CITY with a revised opinion of probable Total
Project Costs based on the drawings and specifications prepared by the
CONSULTANT.
The CONSULTANT will prepare for review and approval by the CITY, its legal
counsel, and other advisors contract agreement forms, general conditions and
supplementary conditions, and (where appropriate) bid forms, invitations to
bid, and instructions to bidders (all of which shall be consistent with the
forms and pertinent guide sheets prepared by the Engineers Joint Contract
Documents Committee), and assist in the preparation of other related
documents.
The CONSULTANT will furnish five (5) copies of the above documents and of the
drawings and specifications and present and review them in person with the
CITY.
The services to be furnished under this Phase do not include surveys or
geotechnical explorations. Such surveys or tests may be provided as
additional services, Section 2.2
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•
A.1.2.2 Permitting Assistance
In order to construct the McCarthur Causeway pump station, it will be
necessary for construction permits to be obtained from various state and
local regulatory agencies.
CONSULTANT will prepare documentation as necessary for the CITY to obtain all
the necessary permits. The permits will be identified in the Preliminary
Design Report.
A.1.2.3 Bidding Assistance
The CONSULTANT will assist the CITY in advertising for and obtaining bids for
each separate prime contract for construction, materials, equipment, and
services, by providing reproducible contract documents for the CITY's
reproduction and bidding.
The CONSULTANT will issue addenda as appropriate to interpret, clarify, or
expand the Bidding Documents.
The CONSULTANT will consult with and advise the CITY as to the acceptability
of subcontractors, suppliers, and other persons and organizations proposed by
the prime contractor(s) (herein called "Contractor(s)") for those portions of
the work as to which such acceptability is required by the Bidding Documents.
The CONSULTANT will consult with the CITY concerning and determine the
acceptability of substitute materials and equipment proposed by Contractor(s)
when substitution prior to the award of contracts is allowed by the Bidding
Documents.
The CONSULTANT will attend the pre-bid conferences, bid openings, prepare bid
tabulation sheets, and assist the CITY in evaluating bids or proposals.
Pre-bid conference minutes will be prepared by the CONSULTANT and delivered
to the CITY ten (10) days prior to the bid-opening date.
A.1.3 PHASE III - SERVICES DURING CONSTRUCTION
After issuance of Notice of Award by the CITY, the CONSULTANT will assist the
CITY in preparing the construction contract, request and review information
from the Contractor(s), and advise the CITY of finalizing the contract for
execution.
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The CONSULTANT will arrange for a pre-construction conference to be attended
by the Contractor(s), the CITY, other interested parties, and representatives
of the CONSULTANT. Pre-construction conference minutes will be prepared and
distributed to all attendees. The Notice to Proceed will be prepared by the
CONSULTANT via the CITY for issuance to the Contractor(s).
The CONSULTANT agrees to furnish engineering services during construction of
improvements for which the drawings, specifications, and contract documents
are to be prepared under a separate portion of this proposal. These services
shall include the following tasks:
o Consult with and advise the CITY and act as its representative as
provided in the General Conditions of the Construction Contract.
o Consult with and advise the CITY as to the acceptability of
substitute materials and equipment proposed by the Contractor(s)
when substitution is permitted by the Contract Documents.
o Make visits to the site at intervals appropriate to the various
stages of construction to observe, as an experienced and qualified
design professional, the progress and quality of the executed work
of the Contractor(s) and to determine, in general, if such work is
proceeding in accordance with the Contract Documents. During such
visits and on the basis of on-site observations, the CONSULTANT will
keep the CITY informed of the progress of the work, will endeavor to
guard the CITY against defects and deficiencies in such work, and
may disapprove or reject work as failing to conform to the Contract
Documents.
o Review and approve shop drawings and samples, the results of tests
and inspections, and other data which the Contractor(s) is required
to submit.
o Issue instruction of the CITY to the Contractor(s) and issue
necessary interpretations and clarifications of the Contract
Documents; have authority as the CITY's representative, to require
special inspection or testing of the work; and act as initial
interpreter of the requirements of the Contract Documents pertaining
to the execution and progress of the work.
o Review, negotiate, and approve all change orders submitted by the
Contractor(s).
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11
o Prepare three (3) copies of Operating and Maintenance Manuals for
the system that will be used by the CITY after construction is
completed and accepted.
o Based on site observations as an experienced and qualified design
professional and on review of applications for payment and the
accompanying data and schedules, determine the amounts owing to the
Contractor(s) and recommend in writing, payments to the
Contractor(s) in such amounts.
o Conduct an inspection to determine if the project is substantially
complete, and a final inspection to determine if the work has been
completed in accordance with the Contract Documents.
o CONSULTANT shall prepare a set of reproducible record drawings
showing the complete project as it is finally built (ie. "as built"
drawings) from information required to be provided by the
contractor(s). These shall be similar in scale and scope to the
contract drawings but shall include all occurrences and instances
where the finished building differs from the contract drawings as a
result of duly approved changes made during the construction of the
project.
o CONSULTANT shall furnish to the CITY an index and summary and copies
of all waranty documents required to be furnished by the Contractor
under the Contract Documents. The index and summary shall list each
of the warranties, indicating the term, conditions, and the
purported legal enforcement and recourse rights of the City as
indicated by the language in the Warranty.
If requested by the CITY or recommended by CONSULTANT, and both the CITY and
CONSULTANT agree in writing, a Resident Project Representative, assistants,
and other field staff will be furnished by the CONSULTANT and will act as
directed by the CONSULTANT in order to assist the CONSULTANT in observing
performance of the work of the Contractor(s).
The duties and responsibilities and the limitations on the authority of the
Resident Project Representative and assistants will be set forth in Schedule
C attached hereto and made a part of this Agreement before such services
begin.
The CONSULTANT agrees to prepare and submit periodic reports of the field
staff describing the general working conditions, areas of construction
activity, all tests performed, and special and unusual events.
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A2 ADDITIONAL SERVICES OF CONSULTANT
A.2. 1 PHASE I
Part 1 - Upgrading of Water and Sewer Pump Stations
Review and Revision of Pumping Station, Mechanical and Architectural
Work
Work under this task includes reviewing of pumping station,mechanical
functions and architectural details, such as doors, painting & building
construction.
Work will progress at the direction of CITY's Engineering Department.
Part 2 - New Water Pump Station
Preliminary Geotechnical Exploration
Work under this Task includes performing a total of four borings at the site
to evaluate the sursurface soil stratigraphy.
The CONSULTANT will:
o Identify the locations of the required borings.
o Employ the services of a registered geotechnical engineer to
undertake the borings and prepare a soils report on its findings.
o Include the geotechnical findings as an appendix to the Preliminary
Design Report.
Survey Work
The CONSULTANT will:
o Employ the services of a registered land surveyor to undertake a
topographic survey of the complete site.
o Identify and coordinate with the land surveyor for additional survey
requirements.
A.2.2 PHASES II AND III
Additional services will be identified upon completion of the prior
respective phases and reflected in contract amendments.
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A3 DATA TO BE PROVIDED BY CITY
A.3.1 PHASE I
The CITY shall designate a "Project Coordinator" and provide CONSULTANT a
copy of the South Florida Building Code and pertinent provisions of the
CITY'S Code of Ordinances. Other items are discussed below.
Part 1 Upgrading of Water and Sewer Pump Stations
Copies of all available drawings, record drawings, shop drawings, operation
manuals, specifications and any other miscellaneous information that is on
file.
Data shall include if available:
o Relevant reports referencing the existing water system.
o Modeling data relating to the system capacity.
o Record plan drawings showing water transmission mains to the areas
of low pressure in the system.
o Record plan drawings showing existing water, wastewater, and
sanitary sewer lines in the booster pumping station site area.
o Record plan drawings showing existing surface water drainage in the
booster pumping station site area.
o Applicable City's radio frequency licenses.
Part 2 - New Water Pump Station
Copies of all available drawings, record drawings, shop drawings, operation
manuals, specifications and any other miscellaneous information that is on
file.
Data shall include if available:
o Relevant reports referencing the existing water system.
o Modeling data relating to the system capacity.
o Record plan drawings showing water transmission mains to the areas
of low pressure in the system.
o Record plan drawings showing existing water, wastewater. and
sanitary sewer lines in the booster pumping station site area.
o Record plan drawings showing existing surface water drainage in the
booster pumping station site area.
o A site Boundary Survey tied to the Florida State plan coordinates.
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In addition, the CITY shall provide data on the flow and pressure in the
existing water transmission main on McCarthur Causeway. Continuous recording
of data over a minimum period of seven consecutive days shall be provided.
Data will be determined upon completion of the prior respective phases and
reflected in contract amendments.
A.3.2 PHASES II and III
Additional data needs will be identified upon completion of the prior
respective phases and reflected in contract amendments.
A4 COMPENSATION
Compensation to the CONSULTANT for Phase I services shall be computed based
on applying billing rates in Schedule B to man hours spent, plus reimbursable
expenses, with a guaranteed maximum price (including reimbursable expenses)
of $98,442 for Part 1 (upgrading of water and sewer pump stations) and
$31,000 for Part 2 (new pump station at MacArthur Causeway). Compensation
methods and fees for Phases II and III shall be mutually determined upon
completion of the respective preceding Phases, and implemented through an
amendment to this Agreement subject to the approval of the City Commission.
AS SCHEDULE
Completion of Phase I shall be within 120 days and 90 days, respectively for
Part 1 and Part 2, from receipt by CONSULTANT of written authorization to
proceed. Completion schedules of Phase II and III shall be mutually
determined upon completion of their respective preceding phases.
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SCHEDULE B
CONSULTANT HOURLY RATES FOR COMPENSATION
CATEGORIES HOURLY RATES -
Professional Services
Professional I $ 65.00
Professional II $ 80.00
Senior Professional $ 90.00
Principal/Associates $100.00
Officer $125.00
PROFESSIONAL SUPPORT SERVICES
Staff Support Services $ 50.00
Senior Support Services $ 60.00
PROJECT SUPPORT SERVICES
Project Administration $ 35.00
Note:
Rates in effect as of March 16, 1992. Subject to City approval, rates will
be adjusted on July 1 and January 1 of each year, based on evidence of higher
costs to be submitted by Consultant.
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•
SCHEDULE C
DUTIES AND RESPONSIBILITIES
OF CONSULTANT'S RESIDENT PROJECT REPRESENTATIVE
Updated May 12, 1992
A. GENERAL
Resident Project Representative will act as directed by and under the
supervision of CONSULTANT, and will confer with other CONSULTANT
T
staff regarding his actions. Resident Project Representative's
P
dealings in matters pertaining to the on-site Work shall in general
be onlywith CONTRACTOR,
and dealings with Subcontractors shall only
be through or with the full knowledge
of CONTRACTOR. Written
communication with CITY will be only through or as directed
g by
CONSULTANT.
ANT.
B. DUTIES AND RESPONSIBILITIES
Resident Project Representative will:
1. Schedules: Review the progress schedule, schedule of Shop
Drawing submissions and schedule of values prepared byCONTRACTOR
R
and consult with other CONSULTANT staff concerningtheir
P y
acce tabilit .
2. Conferences: Attend preconstruction conferences. e a
Arran
schedule of progressg
meetings and other job conferences as re-
quired in consultation with other CONSULTANT staff and notify
those expected to attend in advance. Attend meetings, and
maintain and circulate copies of minutes thereof.
3. Liaison:
a. Serve as CONSULTANT'S liaison with CONTRACTOR, working princi-
pally
through CONTRACTOR'S superintendent and assist him in
understanding the intent of the Contract Documents. Assist
CONSULTANT in serving as CITY'S liaison with CONTRACTOR O when
CONTRACTOR'S operations affect CITY'S on-site operations.
b. As requested by
q CONSULTANT, assist in obtaining from CITY
additional details or information, when required at the job
site for proper execution of the Work.
4. Shop Drawings and Samples:
a. Receive and record date of receipt of Shop Drawings and sam-
ples, receive • g
samples which are furnished at the site by
CONTRACTOR, and notify other CONSULTANT staff of their
availability for examination.
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1
b. Advise other CONSULTANT staff and CONTRACTOR or his
superintendent immediately of the commencement of any Work
requiring a Shop Drawing or sample submission if the
submission has not been approved by the CONSULTANT.
5. Review of Work, Rejection of Defective Work, Inspections and
Tests:
a. Conduct on-site observations of the Work in progress to as-
sist in determining if the Work is proceeding in accordance
with the Contract Documents and that completed Work will
conform to the Contract Documents.
b. Report to other CONSULTANT staff whenever he believes that
any Work is unsatisfactory, faulty or defective or does not
conform to the Contract Documents, or does not meet the
requirements of any inspections, tests or approval required
to be made or has been damaged prior to final payment; and
advise when he believes Work should be corrected or rejected
or should be uncovered for observation, or requires special
testing, inspection or approval.
c. Verify that tests, equipment and systems startups and operat-
ing and maintenance instructions are conducted as required by
the Contract Documents and in presence of the required person-
nel, and that CONTRACTOR maintains adequate records thereof;
observe, record and report appropriate details relative to
the test procedures and startups.
d. Accompany visiting inspectors representing public or other
agencies having jurisdiction over the Project, record the
outcome of these inspections and report to other CONSULTANT
staff.
6. Interpretation of Contract Documents: Transmit to CONTRACTOR
CONSULTANT'S clarifications and interpretations of the Contract
Documents.
7. Modifications: Consider and evaluate CONTRACTOR'S suggestions
for modifications in Drawings or Specifications and report them
with recommendations to other CONSULTANT staff.
8. Records:
a. Maintain at the job site orderly files for correspondence,
reports of job conferences, Shop Drawings and samples submis-
sions, reproductions of original Contract Documents including
all Addenda, change orders, field orders, additional Drawings
issued subsequent to the execution of the Contract,
CONSULTANT'S clarifications and interpretations of the
Contract Documents, progress reports, and other Project
related documents.
b. Keep a diary or log book, recording hours on the job site,
weather conditions, data relative to questions of extras or
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'
I
deductions, list of visiting officials and representatives of
manufacturers, fabricators, suppliers and distributors, daily
activities, decisions, observations in general and specific
observations in more detail as the case of observing test
procedures.
c. Record names, addresses and telephone numbers of all
contractors, Subcontractors and major suppliers of materials
and equipment.
9. Reports:
a. Furnish periodic reports as required of progress of the Work
and CONTRACTOR'Sg
compliance with the approved progress sche-
dule and schedule of Shop Drawing submissions.
b. Consult in advance of scheduled major tests, inspections or
P
start of important phases of the Work.
c. Report immediately upon the occurrence of any accident.
10. Payment Requisitions: Review applications for payment withh
Contractor
for compliance with the established procedure for
their submission and forward them with recommendations
noting particularly their relation to the schedule of values,
Work completed and materials and equipment delivered at the site
but not incorporated in the Work.
11. Certificates, Maintenance and Operation Manuals: Duringthe
t e
course of the Work, verify that certificates, maintenance and
operation manuals and other data required to be assembled and
furnished by CONTRACTOR area applicable to the items actually
y
installed•
and deliver this material to CITY prior to final
acceptance of the Work.
12. Completion:
a. Before CONSULTANT issues a Certificate of Substantial
Completion, submit to CONTRACTOR a list of observed items
requiring completion or correction.
b. Conduct final inspection in the company of CITY and
CONTRACTORp y
and prepare a final list of items to be completed
or corrected.
c. Verify that all items on final list have been completed or
corrected and p
make recommendations concerning acceptance.
C. LIMITATIONS OF AUTHORITY
Except upon CITY'S written instructions, CONSULTANT:
1. Shall not authorize any deviation from the Contract Documents or
approve any substitute materials or equipment.
2. Shall not exceed limitations on CONSULTANT'S authority ty as set
forth in the Contract Documents.
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. ,41 1
3. Shall not undertake any of the responsibilities of CONTRACTOR,
Subcontractors or CONTRACTOR'S superintendent, or expedite the
Work.
4. Shall not advise on or issue directions relative to any aspect of
p
the means, methods, techniques, sequences ore rocedures of con-
struction unless such is specifically called for in the Contract
Documents.
5. Shall not advise on or issue directions as to safety precautions
and programs in connection with the Work.
6. Shall not authorize CITY to occupy the Project in whole or in
part.
7. Shall not participate in specialized field or laboratory tests.
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ORIGINA1 _
RESOLUTION NO. 9''-20540
Authorizing i.h Mayor and City Clerk to
execute anagreement between the City of
Miami Beach and Camp, Dresser & McKee, Inc. ,
for professional engineering services for
the upgrading of sewer & water pumping
stations and a new water pumping station or
MacArthur Causeway.