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Agreement with CDM 7 V.), AGREEMENT BETWEEN CITY OF MIAMI BEACH AND. CAMP DRESSER & MCKEE, INC. (CDM) FOR PROFESSIONAL ENGINEERING SERVICES FOR THE PREPARATION OF A NEW CITYWIDE COMPREHENSIVE STORMWATER MANAGEMENT MASTER U . PLAN IN THE CITY OF MIAMI BEACH TO SUPERCEDE THE EXISTING COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM MASTER PLAN (PURSUANT TO RFQ NO. 03- 09/10) Resolution No. 2010 -27422 v . CITY APPROVED A & E FORM (AUGUST 2010) TABLE OF CONTENTS DESCRIPTION PAGE ARTICLE 1 DEFINITIONS 1 ARTICLE 2. BASIC SERVICES 6 ARTICLE 3. THE CITY'S RESPONSIBILITIES 12 ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 15 ARTICLE 5. ADDITIONAL SERVICES 16 ARTICLE 6. REIMBURSABLE EXPENSES . 17 ARTICLE 7. COMPENSATION FOR SERVICES 17 ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 19 ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 19 ARTICLE 10. TERMINATION OF AGREEMENT. 20 ARTICLE 11. INSURANCE 22 ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 23 ARTICLE 13: ERRORS AND OMISSIONS 23 ARTICLE 14. LIMITATION OF LIABILITY' 24 ARTICLE 15. NOTICE 24 ARTICLE 16. MISCELLANEOUS PROVISIONS 25 SCHEDULES: SCHEDULE A SCOPE OF SERVICES 31 (See also Service Order Nos. 1, 2, & 3 attached thereto) SCHEDULE B CONSULTANT COMPENSATION 32 (See also Tables 1, 2, & 3 attached thereto) SCHEDULE C HOURLY BILLING RATE 33 ii CITY APPROVED A & E FORM (AUGUST 2010) TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CAMP DRESSER & MCKEE, INC. (CDM) FOR PROFESSIONAL ENGINEERING (A/E) SERVICES • n FOR THE PREPARATION OF A NEW CITYWIDE COMPREHENSIVE STORMWATER MANAGEMENT MASTER PLAN IN THE CITY OF MIAMI BEACH TO SUPERCEDE THE EXISTING COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM MASTER PLAN (PURSUANT TO RFQ NO. 03- 09/10) Resolution No. 2010 -27422 This Agreement made and entered into this day of A e C& , g , 2010, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as City), and CAMP DRESSER & MCKEE, INC. (CDM), a Massachusetts corporation having an office at 800 Brickell Avenue, Suite 710 Miami, FL 33131 (hereinafter referred to as Consultant). WITNESSETH: WHEREAS, the City intends to undertake a project within the City of Miami Beach, which is more particularly described in the Scope of Services attached as Schedule "A" hereto, and wishes to engage the Consultant to provide specific professional services including, without limitation, engineering services, for the Project, at the agreed fees set forth in this Agreement; and WHEREAS, the Consultant desires to contract .with the City for performance of the aforestated professional services relative, to the Project; as hereinafter set forth. NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement herein contained, agree as follows: ARTICLE 1. DEFINITIONS 1.1 CITY (OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal i CITY APPROVED A& E FORM (AUGUST 2010) corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the City. 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 representatives designated in writing (including the Project Coordinator) with respect to any specific matter(s) concerning the Services and /or this Agreement (exclusive of those authorizations reserved to the . City Commission or regulatory or administrative bodies having jurisdiction over any matter(s) related to the Project, the Services, and /or this Agreement): 1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Qualifications (RFQ) No. 03- 09/10, for the "PREPARATION OF A NEW CITYWIDE COMPREHENSIVE STORMWATER MANAGEMENT MASTER PLAN IN THE CITY OF MIAMI BEACH TO SUPERCEDE THE EXISTING COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM MASTER PLAN," by the City in contemplation of this Agreement, together with all amendments thereto (if any), and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference to this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the Agreement shall prevail. 1.5 CONSULTANT: The named entity on page 1 of this Agreement, the "Consultant" shall mean the architect/engineer who has entered into a contract with the City to provide the Services described under this Agreement. When the term "Consultant" is used in this Agreement it shall also be deemed to include any officers, employees, sub - consultants, agents, :and any other person or entity acting under the supervision, direction, or control of Consultant. Any sub- consultants retained by Consultant for the Project shall be subject to the prior written approval of the City Manager. The following subconsultants are hereby approved by the City Manager for the Project: APCTE —.Civil engineering services P3SM - •Surveying services. Geosol — Geotechnical services Coastal Systems International Coastal engineering services 1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual designated in writing by the City Manager who shall be the City's authorized representative to coordinate, direct, and 2 CITY APPROVED A & E FORM (AUGUST 2010) f review (on behalf of the City) all matters related to the Project during the design and construction of the Project (unless expressly provided otherwise in this Agreement or the Contract Documents). 1.7 [Intentionally Omitted] 1.8 BASIC SERVICES: "Basic Services" shall include those services Which Consultant shall perform in accordance with the terms of the Agreement (and as required to complete the Project), as further described in Article 2 and Schedule "A" hereto (including Service. Order Nos. 1, .2, and 3 attached thereto). In addition, any services not specifically addressed as Additional Services (as defined herein) shall be considered Basic Services. 1.9 PROJECT: The "Project" shall mean that certain City capital project that has been approved by the City Commission and is described in Schedule "A" hereto. 1.9.1 Project Cost The "Project Cost ", shall mean the estimated total cost of the Project, as prepared and established by the City, including the estimated Construction Cost and Soft Costs. The Project Cost may, from time to time, be revised or adjusted by the City, in its sole discretion, to accommodate approved modifications or changes to the Project or scope'of work. 1.9.2 Project Scope The "Project Scope" shall mean the description of the Project in Schedule "A" hereto. 1.10 CONSTRUCTION COST: The. "Construction Cost" shall mean the sum which is the actual total cost to the City of the Work (as established in the Contract Documents, as they may be amended from time to time), including a contingency allowance for unforeseen conditions, not to exceed ten percent (10 %) of the construction cost. for new construction, or twenty percent (20 %) of the construction cost for rehabilitation of historic buildings. For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or competitive bid received and accepted from a responsive and responsible. bidder or proposer for such Work. 1.10.1 Construction Cost Budget The "Construction Cost Budget" shall mean the amount budgeted by the City for the Construction Cost, as set forth in Schedule "A" hereto. 1. 10.2 Statement Of Probable Construction Cost The "Statement of Probable Construction Cost" shall mean the latest approved written estimate of Construction Cost submitted by 3 CITY APPROVED A & E FORM (AUGUST 2010) Consultant to the City, in a format approved by the Project Coordinator. For Work which bids or proposals have not been let, the Statement of Probable Construction Cost shall be the same as the Construction Cost. 1.11, FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations enacted after the date of this Agreement ; or other causes beyond the parties' control which have, or may be reasonably expected to have, a material adverse effect on the Project, or on the rights and obligations of the parties under this Agreement and which, by the exercise of due diligence, such.parties shall not have been able to avoid; provided, however, that inclement weather (except as noted above), the acts or omissions of sub- consultants /sub- contractors, market conditions, labor conditions, construction industry price trends, and similar matters which normally impact on the construction process SHALL NOT. be considered a Force Majeure. If the Consultant is delayed in performing any obligation under this.Agreement due to a force majeure, the Consultant shall request a time extension from the Project Coordinator within five (5) business days of said force majeure. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Consultant for extra compensation, unless additional services are required, and approved pursuant to Article 5 hereof. 1.12 CONTRACTOR: "Contractor' shall mean the individual or individuals, firm, company, corporation, joint venture, or other entity contracting with City for performance of the Work covered in the Contract Documents. 1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with all exhibits, addenda, and written amendments issued thereto), and the documents prepared by Consultant in accordance with the. requirements of the Scope of Services in Schedule "A" hereto (that form the basis for which the City can receive bids for the Work included in the documents). The Contract Documents shall also include, without limitation (together with all exhibits, addenda, and written amendments issued thereto), the invitation to bid (ITB), instructions. to bidders, bid form, bid bond, the Contract for Construction, surety payment and performance bonds, Conditions of the Contract for Construction [General, Supplementary, and other Conditions], Divisions 0 -17, Construction Documents, an approved Change Order(s), approved Construction Change Directive(s), and /or approved written 4 CITY APPROVED A & E FORM (AUGUST 2010) r order(s) for a minor change in the Work. 1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean the legally binding agreement between City and with Contractor for performance of the Work covered in the Contract Documents. 1.15 CONSTRUCTION DOCUMENTS: "Construction Documents shall mean the final plans, technical specifications, drawings, documents,' and diagrams prepared by the ,Consultant pursuant to this Agreement, which show the locations, characters, dimensions and details of the Work to be done, and which are part of the Contract Documents: 1.16 CONTRACT AMENDMENT: "Contract Amendment shall mean a written modification to the Agreement approved by the City (as specified below) and executed between City and Consultant, covering changes, additions, or.reductions in the terms of this Agreement including, without limitation, authorizing a change in the Project, or the method and manner of performance thereof, or an adjustment in the fee and /or completion dates. Contract Amendments shall be approved by the City Commission if they exceed twenty -five thousand dollars ($25,000.00) �or the City Manager.if they are twenty -five thousand dollars ($25,000:00) or less (or other- such amount as may be specified by the City of Miami Beach. Procurement Ordinance, as amended). Even for Contract Amendments for less than. twenty-five thousand ($25,000.00), the. City Manager reserves the right.to seek and obtain concurrence of the City Commission for approval of any such Contract Amendment. 1.17 ADDITIONAL SERVICES: "Additional: Services" shall mean those services,. in addition 'to the Basic Services in this Agreement, which the Consultant shall perform,: at the City's option, and which have been duly authorized,. in writing, by. the - City Manager or his . authorized designee, prior to commencement of same. 1.18 WORK: "Work" shall mean all - labor,. materials, tools, equipment, services, methods, procedures', etc. necessary . or convenient to performance by Contractor of all duties and obligations proposed by the Contract Documents. 1.19 SERVICES: "Services" shall.. mean all services, work, and actions by the Consultant performed pursuant to or undertaken under this Agreement. 1.20,' SOFT COSTS: "Soft Costs" shall mean costs related to the Project other than Construction CITY APPROVED A & E FORM (AUGUST 2010) Cost including, without limitation, Consultant's Basic Services, Additional Services, surveys, testing, general consultant; financing, and permitting fees, etc. 1.21 BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents recommended by the Consultant. (and approved by the City) as being within the Construction Cost Budget. "Base Bid. shall not include Additive Alternates or Deductive Alternates. 1.22 SCOPE OF SERVICES: "Scope of Services" shall .include the Project Scope, Basic Services, and any. Additional Services. (as approved by the City), all as described in Schedule "A" hereto. 1.23 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A – Scope of Services (See also Service Order Nos. 1, 2, & 3 attached thereto). Schedule B – Consultant. Compensation (See also Tables 1, 2, & 3 attached thereto). Schedule C •— Consultant Hourly Billing Rate Schedule. ARTICLE 2. BASIC SERVICES '2.1 The Consultant shall provide Basic Services for, the .Project, as required by the Contract Documents and.as set "forth in Schedule "A" hereto. 2.2 The Services will be commenced upon issuance of a Notice (or Notices) to Proceed, which shall be issued by the Project Coordinator and counter- signed by Consultant. 2.3 As it relates to the Services and. the Project, Consultant warrants and represents to City that it is knowledgeable of Federal, State, and local laws 'codes, rules and regulations applicable in the jurisdiction(s) in which the Project is located, including, without limitation,. applicable Florida. Statutes, and State of Florida codes, rules and regulations, and local (City of Miami Beach and Miami -Dade County) ordinances, codes, and rules and regulations (collectively, "Applicable Laws "). As they relate to the Services and to the Project, the Consultant. agrees to comply with all such Applicable Laws, whether now in effect or as may be amended or adopted from time to time, and - shall further take into account all known pending changes to the foregoing of which it should reasonably be aware. Recognizing that the construction of other projects within the City may affect scheduling of the construction for the Project, the Consultant shall diligently coordinate performance of the Services with . CITY APPROVED A & E FORM (AUGUST, 2010) the City (through the Project Coordinator) in 'order to provide for the safe, expeditious, economical and efficient completion of the Project, without negatively impacting concurrent work by others. The Consultant shall coordinate the Services with all of its sub - consultants, as well as other consultants, including, without limitation,. City provided consultants (if any). '2.4 The Consultant warrants and represents to City that all of the Services required under this 'Agreement shall be performed in accordance with the standard. of care normally exercised in the design of comparable projects i South Florida. Consultant warrants and - represents to the City that it is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to perform the Services. Consultant warrants and represents to City that it is responsible.for the technical accuracy of the Services (including, without limitation, the Design Documents contemplated in Schedule "A" hereto). 2.5 [intentionally Omitted] . 2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and /or approvals issued by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant (or of any of its officers, employees, sub- consultants, agents, and /or servants), for the accuracy and competency of its /their designs, working drawings, plans, technical specifications, or other technical documents, nor shall such approval and /or decisions be deemed to be an assumption of such responsibility by the City_ for a defect, error or omission in designs, working drawings, plans, technical specifications, or other technical documents; provided, however, that the Consultant shall be entitled .to reasonably rely upon the accuracy and validity of written decisions and approvals furnished by the City pursuant to this Agreement. -2.7 TIME: It is understood that time is of the essence in the completion of the Project and, in this respect, the parties agree as follows: 2.7.1 Term Upon execution by the parties (and, subject to approval of the Agreement by the Mayor, and City Commission) the term of the Agreement will be deemed to have commenced as of the date of City Commission award, and shall be in effect until all services are completed or until the work and /or services under the Notices to Proceed in force at the end.of the stated period of time have been completed and, Services accepted, whichever may be later. .2.7.2 The Consultant shall perform' the Services as expeditiously as is consistent with the standard of.professional skill and care required by this Agreement,.and the orderly progress of the CITY APPROVED A & E FORM (AUGUST 2010) Work. 2.7.3 The Basic Services shall be performed in a manner. that shall conform with the approved . Project Schedule, shown on Schedule. "A" hereto. The Consultant 'may submit requests for an adjustment 'to the Project Schedule, if made necessary because of undue delays . resulting from untimely, review taken by the City (or other governmental authorities having jurisdiction over the Project) 'to approve the Consultant's submissions, or any other portion of the Services. requiring approval by the City (or other governmental authorities having jurisdiction over the Project. Consultant shall immediately provide the Project Coordinator with written notice stating the reason for the particular delay; the requested adjustment (i,e. extension) to the Project Schedule; and a. revised anticipated schedule of completion. Upon receipt and' review. of Consultant's request (and such other documentation as the Project Coordinator may require), the Project Coordinator may grant a reasonable extension of time for completion of the particular work involved, and. authorize that the appropriate adjustment be made to the Project Schedule. The Project Coordinator's approval (if granted) shall be in writing. 2.7.4 Nothing in this Section, 27 shall prevent the City from exercising its rights to terminate the Agreement, as provided elsewhere herein. 2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working relationship with the Project Coordinator, Contractor; and any and all other individuals and /or firms that have been contracted, or.otherwise retained, to perform work on the Project. 2.9 The Consultant shall perform its duties under this Agreement in a -competent, timely and professional manner, and shall be responsible to the City for any failure in its performance, except to' the extent that acts or omissions by the .City make such performance impossible. The Consultant is responsible . for the professional quality, technical accuracy, completeness, performance and coordination of all work required under the Agreement (including the work performed . by sub - consultants); within the specified time period and specified cost. The Consultant shall perform the work utilizing the skill, knowledge, and judgment ordinarily possessed and used by a proficient consulting with respect to the disciplines required for the performance of the work in the State. of Florida.. The Consultant is responsible for, and shall represent to City that the work conforms to City's requirements, as set forth in the Agreement. The Consultant shall be and remain liable to the City for all damages to the City caused by the Consultant's negligent acts or errors or omissions in -the performance of the work. In addition to all other. rights and remedies, which the City .may have, the Consultant shall, at its expense, re- perform all or any portion of the Services to correct any CITY APPROVED A & E FORM (AUGUST 2010) deficiencies which result from the Consultant's failure to. perform in accordance with the above standards. -The Consultant shall also be liable for the replacement or repair of any defective materials and equipment and re- performance of any non - conforming construction services resulting from such deficient Consultant services for a period from the Effective Date of this Agreement, until twelve (12) months following final acceptance of the .Work, and for the period of design liability required by applicable law. The Project Coordinator shall notify the Consultant, in writing, of any deficiencies and shall approve the method and timing of the corrections. Neither the City's inspection, review, 'approval or acceptance of, nor payment for, any of the work required under the Agreement shall be construed to relieve the Consultant (or any sub- consultant) of its obligations and responsibilities under the Agreement, 'nor constitute a waiver of any of the City's rights under the Agreement, or of any cause of action arising out of the performance of the Agreement. The Consultant and its sub - consultants shall be and remain Liable to the City in accordance with Applicable Laws for all damages to City caused by any failure of the Consultant or its sub- consultants to comply with the terms and conditions of the Agreement or by the Consultant or any sub - consultants' misconduct, unlawful acts, negligent acts, errors or omissions in the performance of the Agreement. With respect.to the .performance of work by sub- consultants, the Consultant shall, in approving and accepting such work, ensure the professional quality, completeness, and coordination of the sub - consultant's. work. 2.9.1 The Consultant shall be responsible for deficient, defective services and any resulting deficient, defective construction services re- performed within twelve (12) months following final acceptance and shall be subject to further re- performance, repair and replacement for twelve (12) months from the date of initial re- performance, not to exceed twenty -four months (24) from final acceptance. 2.9.2 Consultant Performance Evaluation The Consultant is advised that a performance evaluation of the work rendered throughout this Agreement will be completed by the City .and kept in the City's files for evaluation of future solicitations. 2.10 The City shall have the right, at any time, in its sole and .absolute discretion, to submit for review to other consultants (engaged by the City at its expense) any or all parts of the Services and the Consultant shall fully cooperate in such, review(s). Whenever others are required to verify, review, or consider any work performed by Consultant (including, without - limitation, contractors, other design professionals, and /or other consultants retained by the City), the intent. of such requirement is to enable the Consultant to-,receive input from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for design or construction of comparable projects; or which are inconsistent with Applicable- Laws; or which are inconsistent with standards, decisions or approvals provided. by the City under this Agreement. 9 CITY APPROVED A & E FORM (AUGUST 2010) Consultant will use reasonable care and, skill, in accordance and consistent with customary professional standards,, in responding to items identified by other reviewers in accordance with this subsection. Consultant shall receive comments . from reviewers, in writing, including, without limitation (and where applicable), via a set of marked -up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner.. The term "'timely" shall- be defined to mean as soon as possible under the circumstances, taking into account the timelines of the Project Schedule. 2.11 Consultant represents to the City that all evaluations of the City's Project budget, Consultant generated Statement.of Probable Construction Cost, and detailed estimates represent Consultant's best judgment as a design professional familiar with the construction industry. Consultant cannot and does not guarantee that bids or negotiated prices will not vary from any estimate of Construction Cost or evaluation prepared or agreed to be Consultant. 2.12 Consultant agrees that when any portion of the Services relates to a professional service' which, under Florida Statutes, requires a license, 'certificate of authorization, or other form of legal entitlement to practice and /or perform such Service(s), it shall employ and /or retain only qualified duly licensed certified personnel to provide same. - 2.13 Consultant agrees to designate, .in writing, within five '(5) calendar days after issuance of the first Notice to Proceed, a qualified licensed professional to serve as its project manager (hereinafter referred to as the "Project Manager "). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of the Services: Consultant's' Project Manager (as well as. any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be the Project Coordinator). Replacement (including reassignment) of an approved Project Manager shall not be made without the prior written approval of the City Manager or his designee (i.e. the Project Coordinator). 2.13.1 Consultant agrees, within fourteen (14) calendar days of. receipt of written notice from the City Manager or his designee (which . notice shall state the cause therefore), to promptly remove and replace a Project Manager, or any other personnel employed or otherwise retained by Consultant for the Project ( including, without limitation, any sub- consultants). 2.14 Consultant agrees not to divulge,':furnish or make available to any third party(ies), any non - public information concerning the Services or the Project, without the prior written consent of the ,City Manager or his designee (who shall be the Project Coordinator), unless such disclosure is incident to the proper performance of the Services; or the disclosure is required pursuant to Florida Public 10 CITY APPROVED A & E FORM (AUGUST 2010) Records laws; or, in the course of judicial proceedings, where such information has been properly subpoenaed. Consultant shall also require its employees and sub - consultants to comply with this subsection. 2.15 The City and Consultant acknowledge that the Services do not delineate every detail and minor work task required to be performed by Consultant to complete the Project. If, during the course of performing of the Services,. Consultant determines that work should be performed to complete the Project which is, in the Consultant's reasonable opinion, outside the level of effort originally anticipated in the Scope of Services, Consultant shall promptly notify the Project Coordinator, in writing, and shall obtain the Project : Coordinator's written consent before proceeding with such work. If Consultant proceeds with any such additional work without obtaining, Jhe prior written consent of the Project Coordinator, said work shall be _ deemed to be within the original Scope of Services, and deemed .included as a Basic Service (whether or not specifically addressed in the Scope of Services).. Mere notice by Consultant to the Project Coordinator shall not constitute authorization or approval by the City to perform such work. Performance of any such work by Consultant without the prior written consent of the Project Coordinator shall be undertaken at Consultant's sole risk and liability. 2.16 Consultant shall establish, maintain, and categorize any and all Project documents and records pertinent to the Services and shall provide thef,City, upon request, with copies of any and all such documents and /or records. In addition, Consultant shall provide electronic document files to -the City upon completion of .the Project. 2.17 The. City's participation in the design and construction of the Project shall in no way be deemed to relieve the Consultant of its professional duties and responsibilities under the Contract Documents or under Applicable Laws. 2.18 GREEN BUILDING STANDARDS: The Consultant shall comply with the requirements of Section 255.2575, Florida Statutes, and Chapter 100 of the City Code, as both may be amended from time to time, addressing applicable Leadership in Energy and Environmental Design (LEED) compliance requirements. 2.19 SUB - CONSULTANTS: All services provided by sub - consultants shall be consistent with those _commitments made :by the Consultant in its Proposal and during the competitive solicitation selection process and interview. Such services shall be undertaken and performed pursuant to appropriate written agreements between the Consultant and the sub - consultants, which shall contain 11 CITY APPROVED A & E FORM (AUGUST 2010) provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between the City and the sub - consultants. The Consultant shall not retain, add, or replace any sub - consultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the reasons for any . proposed substitution. Any approval of a °sub- consultant by the City Manager shall not in any way shift the responsibility for the quality and acceptability by the City of the. services performed .by the sub - consultant from the Consultant to the City. The quality of services and acceptability to, the City of the services performed by sub - consultants shall be the sole responsibility of Consultant. The. Consultant shall cause the names of sub - consultants responsible for significant portions of the Services to be inserted on the plans and specifications. ARTICLE.3. THE CITY'S RESPONSIBILITIES 3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's authorized representative to coordinate, direct, and review all matters related to this Agreement and the Project during the design and construction of same (except unless. otherwise expressly provided in this Agreement or the Contract Documents). The Project Coordinator shall be authorized (without limitation) to transmit instructions, receive information, and interpret . and define City policies . and decisions with respect to the Services and the Project. However, the Project Coordinator is not -. authorized to issue any verbal or written orders or instructions to Consultant that would have the affect (or be interpreted as having the effect) of modifying or changing, (in any way) the following: a) the Scope of Services; b) , the time within which Consultant is obligated to commence and complete the Services; or C) the amount of compensation the City is obligated or committed to pay Consultant. 3.2 The City shall make available to Consultant all information that the City has in its pertinent to the Project. Consultant hereby agrees and acknowledges that, in ' making any such information available to Consultant, the City makes no express or implied certification, warranty,, and /or representation as to the accuracy or completeness of such information. The Consultant understands, and hereby agrees and acknowledges, that it is obligated to verify to the extent it deems necessary all information furnished by.the City, and that it is solely responsible for the accuracy and applicability of all such information used by Consultant. Such. verification shall include, without limitation, visual examination of existing conditions in all locations encompassed by the Project, where such examination can be made without using destructive measures (i.e. excavation or demolition). 12 CITY APPROVED A & E FORM (AUGUST 2010) Survey information shall be spot checked to the extent that Consultant has satisfied itself as to the reliability of the information. - 3.3 [Intentionally Omitted] 3.4 At any time,. in his /her sole discretion, the City Manager may furnish accounting, and insurance counseling, . services for the Project (including, without limitation, auditing services to verify the Consultant's applications for payment, or to ascertain that Consultant has properly remitted payment due to its sub- consultants or vendors). 3.5 If the City observes or otherwise becomes aware of any- fault or defect in the Project, or non -. conformance with the Contract Documents, the City, through the Project Coordinator, , shall .give prompt written notice thereof to the Consultant. 3.6 The City, acting in its.proprietary capacity as Owner and not in its regulatory capacity, shall render any administrative approvals and decisions required under this .Agreement, in writing, as reasonably expeditious for the orderly progress of the Services and of the Work. No City administrative (proprietary) approvals - and /or decisions required ' under this Agreement shall be unreasonably conditioned, withheld, or delayed; provided, however, that the City shall at all times have the right to approve, or reject any such requests for any reasonable basis. 3.7 The City Commission. shall - be the final - authority to do or to approve the following actions or conduct, by passage of an enabling resolution :or amendment to this Agreement: 3.7.1 Except where otherwise expressly noted in the Agreement or the Contract Documents, the City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement. 3.7.2 The City Commission shall be ,the body to "consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement. Assignment and transfer shall be defined to also include sale of the majority of the stock of a corporate consultant. 3.7.3 Upon written request from Consultant, the City Commission shall hear appeals from administrative decisions of the City Manager or the Project Coordinator. In such cases, the Commission's decision shall be final and binding upon all parties. 13 CITY APPROVED A & E FORM (AUGUST 2010) 3.7.4 The City Commission shall approve or consider all Contract Amendments that exceed the sum of .twenty five thousand dollars ($25,000:00) (or other such amount as' may be specified .by the City of Miami Beach Procurement Ordinance, as amended). 3.8 Except where otherwise expressly noted in this Agreement, the City Manager shall serve as the City's primary representative to whom administrative (proprietary) . requests for decisions and approvals required hereunder. by the City shall be made. Except where otherwise expressly noted in this Agreement or the Contract Documents, the City Manager shall issue decisions and authorizations which may include, without limitation, proprietary review, approval, or comment upon the schedules, plans, reports, estimates, contracts,. and other documents submitted to the City by Consultant. 3.8.1 The City Manager shall have prior review and approval. of the Project Manager (and any replacements) and of any sub - consultants (and any replacements). 3.8.2 The City Manager shall decide, .and render administrative (proprietary) decisions on matters arising pursuant to this'Agreement which are not otherwise expressly provided for in this Agreement. In his /her discretion, the City Manager may also consult with the City . Commission on such matters. 3.8.3 At the request of Consultant, the City Manager shall be authorized, but not required, to reallocate monies already budgeted toward payment of the Consultant; provided, however, that the Consultant's compensation' (or other budgets established by this Agreement) may not be increased without the prior approval of the City Commission, which approval (if granted at all) shall be in its sole and reasonable discretion. 3.8.4 [Intentionally-Omitted] 3.8.5 The City Manager may approve Contract Amendments which do not exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended); provided that no such amendments increase any of the budgets established by this Agreement. 3.8.6 The City Manager may, in his /her sole discretion, form a committee or committees, or inquire of, or consult with, persons for the purpose of receiving advice and recommendations relating to the exercise. of the City's powers, duties, and responsibilities under this Agreement or the Contract Documents. 14 CITY APPROVED A & E FORM (AUGUST 2010) 3.8.7 The City Manager shall be the City Commission's authorized representative with regard to acting on behalf of the City in the event of issuing any default, notice(s) under this Agreement, and, should such default remain uncured, in terminating the Agreement (pursuant to and in accordance with Article 10 hereof). ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST 4.1 The City reserves the right to establish any Construction Cost Budget for the Project. 4.2 Consultant shall certify and warrant to the City all estimates , of Construction Cost (as established by the City) prepared by Consultant. 4.3 Consultant shall .warrant and represent to the City that its review and evaluation of any Construction Cost Budget, Statement of Probable Construction Cost, and any other cost estimates prepared (or otherwise provided) by Consultant for the Project, represent Consultant's best judgment as an experienced design professional familiar with the construction industry; provided, however that Consultant cannot (and does not) guarantee that bids or, negotiated prices will not .,vary from any estimates of Construction Cost or other cost evaluation(s) prepared (or otherwise provided) by Consultant. . 4.4 No Construction Cost Budget (as established by the City) shall. not be exceeded without fully justifiable, extraordinary, and unforeseen circumstances (such. as Force Majeure) which are beyond*, the control of the. parties. Any expenditure above this amount shall be subject to prior City Commission approval which, if granted at all,. shall be at the sole and reasonable discretion of the City Commission. The City Commission 'shall have . no obligation to approve an increase in a Construction Cost Budget and, if such budget is exceeded, the City Commission may, at its sole and reasonable discretion, terminate this Agreement (and the remaining. Services) without any further liability to the City. 4.5 If the lowest and best base bid.exceeds a Construction Cost Budget by more than five percent (5 %), the City Commission may at its sole option and discretion, elect any of the following options: (1) approve an ,increase to the Construction Cost Budget; (2) reject all bids, and (at its option) authorize rebidding -of' the Project; (3) abandon the :Project 'and terminate the remaining Services without any further liability to the City; (4) select as many. Deductive Alternatives as may be necessary to bring the lowest and best bid within the' Construction Cost Budget; or (5) work with the Consultant to reduce the Project Scope, construction schedule, sequence of Work, or such other action, as .deemed necessary, to reduce the Construction Cost Budget. In,the event the City elects to reduce the Project Scope, the 15 CITY APPROVED A & E FORM (AUGUST 2010) Consultant shall provide any required revisions to the Contract Documents (including, without limitation, the Construction Documents),.and provide re- bidding services, as many times as reasonably requested by the City, at no additional cost to the City, in order to bring any resulting, responsive and responsible'bids within five percent (5 %) of the Construction Cost Budget. ARTICLE 5. ADDITIONAL SERVICES 5.1 Additional Services shall only be performed by Consultant following receipt of written authorization by the Project Coordinator (which authorization must be obtained prior to commencement of any such additional work by Consultant). The written authorization shall contain a description of the Additional Services required; an hourly fee -(in accordance with the rates in Schedule "C" hereto), with a "Not to Exceed" amount;. Reimbursable Expenses (if -any) with a "Not to Exceed" amount; the amended Construction Cost Budget (if applicable); the time required to complete the.Additional Services; and an .amended Project Schedule (if applicable). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable (or, in the case of Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant shall not exceed without further written authorization of the Project Coordinator. The "Not to Exceed amount is not a guaranteed maximum cost for-the additional work requested.'(or, in the case of Reimbursables,, for the expenses), and all costs applicable to same shall be verifiable through time sheets (and, for Reimbursables, expense reviews). 5.2 Additional Services may include, but not be limited to, the following: 5.2.1 Providing additional work relative to the Project which arises from subsequent circumstances and causes which do not currently exist, or which are not contemplated by the parties at the time of execution of this Agreement (excluding circumstances and causes resulting from error, omission, inadvertence, or negligence of Consultant). 5.2.2 Serving as an expert. witness in connection . with any public hearing, arbitration proceeding, or legal proceeding, unless the subject matter at issue has arisen, from the error omission, inadvertence, or negligence of Consultant: 5.2.3 [Intentionally Omitted] 5.2.4 Assistance in connection with bid protests, re- bidding., or re- negotiating contracts (except for Contract Document revisions and re- bidding services required under Section 4.5 hereof, which shall be provided at no additional cost to City). 16 CITY APPROVED A & E FORM (AUGUST 2010) ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable Expenses are an allowance set aside by the City and shall . only be deemed to include actual expenditures made by the Consultant in the interest of the Project. Any Reimbursable Expenses allowance belongs to, and shall be.controlled solely by, thle City. Any.money not directed to be used by City for Reimbursable Expenses shall remain with the City ,(Le. unused portions will. not be paid to .Consultant). Notwithstanding the above, any Reimbursable Expenses in excess of $500 must be authorized, in advance, in writing, by the Project Coordinator. Invoices or vouchers for Reimbursable Expenses shall be submitted to the Project Coordinator (along with any supporting. receipts and other back -up material requested. by the Project Coordinator). Consultant shall certify as to each such invoice and /or voucher that the amounts - and items, claimed as reimbursable are "true and correct and in accordance with the Agreement." 6.2 Reimbursable Expenses may include, but not be limited to, the following: 6.2.1 Cost of reproduction, courier, and postage and handling of drawings, plans, specifications, and other Project documents (excluding reproductions ,for the office use of the Consultant and its sub - consultants, and courier, postage and handling costs between the Consultant and its sub - consultants). 6.2.2 Costs for reproduction and preparation of graphics for community workshops. 6.2.3 Permit fees required by City of Miami Beach regulatory bodies having jurisdiction over the Project (i.e. City permit fees). ARTICLE 7. COMPENSATION FOR SERVICES 7.1 The Consultant shall be compensated for the Services in accordance with Schedule "B" ( "Consultant Compensation ".) hereto; which Schedule also includes and incorporates Tables 1 — 3 thereto. 7.2 Payments for Services shall be made within forty -five (45) calendar days of receipt and approval of an acceptable invoice by. the Project Coordinator. Payments shall be made in proportion to the Services satisfactorily performed, so that the. payments. for Services never exceed'. the" progress 17 CITY APPROVED A & E FORM (AUGUST 2010) t percentage noted in the Consultant's Progress Schedule (to be submitted with each invoice). No mark up shall be allowed on subcontracted work. 7.3 Approved Additional Services shall be compensated i'n accordance with the hourly rates set forth in Schedule "C attached hereto. Any request for Additional Services shall be included with a- Consultant payment request. No mark -up shall be allowed on Additional Services (whether sub- contracted or not). 7.4 . Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto. Any request for payment of Reimbursable Expenses shall also be included with Consultant's payment request. No mark -up shall be allowed on Reimbursable Expenses. 7.5 ESCALATION: During the Term of this Agreement, the City may, by written directive approved and executed by the City Manager, adjust the fees included in the Hourly Billing Rate Schedule in Schedule "C" hereto, to reflect the change in the Consumer Price Index .(CPI) on a year to year basis. Such adjustment will be based on the cumulative change of the CPI for the Miami urban area, provided that. in no event shall any the annual increase exceed hree percent (3 %). 7.6 No retainage .shall be made from the Consultant's .compensation on. account of sums withheld by the City on payments to Contractor. 7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator in a timely manner, but no more than once on a monthly basis. Invoices shall identify the nature .and extent of the work performed; the total hours of work performed by, employee category; and the respective hourly billing rate associated therewith. In the event sub - consultant work is used, the percentage of completion shall be identified. Invoices shall also itemize and summarize any Additional Services and /or Reimbursable Expenses. A copy of the written approval of the Project Coordinator for the requested Additional Service(s) or Reimbursable Expense(s) shall accompany the invoice. 7,.7.1 If requested,. Consultant shall provide back -up for past and 'current invoices that records hours for all work (by employee category); and cost itemizations for Reimbursable Expenses (by category). 7.7.2 The. City shall pay Consultant within forty -five (45) calendar days from receipt and approval of an acceptable invoice by the Project Coordinator. 7.7.3 Upon completion of the Services, Consultant's final payment shall require the prior 18 CITY APPROVED A & E FORM (AUGUST 2010) written approval of the City Manager before disbursement of same. ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 8.1 All books, records (whether financial or otherwise), correspondence, technical documents, and any other records or documents related to the Services.and /or Project will'. be available for examination and audit by the City Manager, or his /her authorized representatives, at Consultant's office (at the address designated in Article 15 ["Notices"]), during customary business hours. All such records shall be kept at. least for a period of three (3) years after Consultant's completion ' of the Services. Incomplete or incorrect *entries. in such records and accounts relating personnel services and expenses may be grounds for City's disallowance of any fees or expenses based upon such entries. Consultant shall also' bind its sub- consultants to the: requirements of this Article and ensure compliance therewith ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings, calculations, specifications, models, photographs, reports, surveys, .investigations, and any other documents (whether completed or partially completed) and copyrights thereto for Services performed or produced in the performance of.this Agreement, or related to the Project, whether in paper or other hard copy medium or in electronic medium, except with respect to copyrighted standard details and designs owned by the Consultant, or owned by a third party and licensed to the Consultant for use and reproduction, shall become the property of the City. Consultant shall deliver all. such documents to the Project Coordinator within thirty (30) days of. completion of the Services (or within thirty (30) days of expiration or earlier termination of this Agreement as the case may be). However, -the City may grant an exclusive license of the copyright to the Consultant for reusing '.and reproducing copyrighted materials or portions thereof as authorized by the City Manager in advance and in writing; In addition, the Consultant shall not disclose, release, or make available any document to any third party without prior written approval from the City Manager. The Consultant shall warrant to the City that it has been granted a license to use and reproduce any standard details and designs owned by a third party and used or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein shall be deemed to exclude any document from Chapter 119; Florida Statutes. 9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior written approval of the City Manager. 19 CITY APPROVED A & E FORM (AUGUST 2010) 9.3 At the City's option, the -Consultant may be authorized, as an Additional Service, to adapt copyrighted material for additional or other work for the City; .however, payment to the Consultant for such adaptations will be limited to an, amount not greater than 50% of the original fee earned to adapt the. original copyrighted material to a new site. 9.4 The City shall have the right to modify the Project or any components thereof without permission from the Consultant or without any additional' compensation to the Consultant. The Consultant shall be released from any liability resulting from such modification. 9.5 The Consultant shall bind all sub - consultants to the Agreement requirements for re -use of plans and specifications. ARTICLE 10. TERMINATION OF AGREEMENT 10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in accordance with the terms and conditions of this.Agreement. In the event there is a lack of adequate funding either for the'Services or the Project (or both), the City,may terminate this Agreement without further liability to the City. 10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may - terminate this Agreement for cause, upon written .notice to Consultant, in the event. that the Consultant .(1) violates any provision of this Agreement or performs same in bad .faith; (2) unreasonably delays the performance of the Services or any portion thereof; or (3) does not perform the Services or any portion thereof in a timely 'and' satisfactory manner. In the case of termination for cause by the City, the Consultant' shall first be granted a thirty (30) day cure period (commencing upon receipt of the initial written notice of default from the City). .10.2.1 In the event. this Agreement is terminated for cause by the City, the City, at its sole option and discretion, may take over the remaining Services and complete them by contracting with another- consultant(s), or otherwise. The 'Consultant shall be liable to the City for any additional cost(s) incurred by the City due ' to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of the Services, and the cost of completion of such Services had the Agreement not been terminated. 20 CITY APPROVED A & E FORM (AUGUST 2010) . l 10.2.2 In the event of termination for cause by the City, the City, shall only be obligated to pay Consultant for those Services satisfactorily performed and accepted prior to the date of termination (as such date is set forth in, or can be calculated. from, the City's initial written default notice). Upon payment of any amount which may be due to Consultant pursuant to this subsection 10.2.2, the City shall have no further liability to Consultant. 10..23 As a condition precedent to release of any payment which may be due to Consultant under subsection 10.2.2, the. Consultant shall promptly assemble. and deliver to. the Project Coordinator any and all Project documents prepared (or caused to be prepared) by Co,nsultant(including,.without limitation those referenced in subsection 9.1 hereof). The City shall not be responsible for any cost incurred by Consultant for assembly, copy, and /or .delivery of. Project documents pursuant to this. subsection: 1 TERMINATION FOR CONVENIENCE: In addition to'the City's right to terminate for cause, the City through the City Manager, may also terminate this. Agreement, upon fourteen (14) days prior written notice to Consultant, for convenience, without cause, and without penalty; when (in its sole discretion) it deems such termination to be in the best interest of the City. In the event' the City terminates the Agreement for . convenience, Consultant shall be compensated for all Services satisfactorily performed and accepted up to the termination date (as set forth in the City's written notice), and for Consultant's costs in assembly and delivery to the Project Coordinator of the Project documents (referenced in subsection 10.2.3 above). .Upon payment of any amount which may be due to Consultant pursuant this subsection 10.3, the City shall have no further Liability to Consultant. 10.4 TERMINATION BY CONSULTANT: The .Consultant may only terminate this Agreement for cause, upon thirty (30). days prior written notice to , the City in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment of the Services or any portion thereof.. In the event of a termination for cause by Consultant, the City shall pay Consultant for any Services satisfactorily performed and accepted up to the date of .termination; provided, however, that the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's initial written notice.). 1.0.4.1 The Consultant shall have no right to terminate this Agreement for convenience. 10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or for convenience), the Consultant shall immediately, upon receipt. of the City's written notice of termination: (1) stop the performance of Services; (2) place no. further orders or issue any other subcontracts, except for those which may have already been approved, in writing, by the Project 21 CITY APPROVED A & E FORM (AUGUST 2010) Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project documents (for delivery to the Project Coordinator). ARTICLE 11. INSURANCE 11.1 At all times during the Term of this Agreement, Consultant shall maintain, the following required insurance coverage in full force and effect. The Consultant shall not.commence any work until satisfactory proof of all required insurance coverage has been furnished to the Project Coordinator: (a) Professional Liability Insurance, in the amount of one million, dollars ($1,000,000.00), per occurrence, with a maximum deductible of $150,000 per .occurrence, $450,000 aggregate. Consultant shall notify the Project Coordinator, in writing, within thirty (30) days of . any claims filed or made against,its Professional Liability Insurance policy. (b) Comprehensive General Liability Insurance, in the amount. of one million dollars ($1,000,000.00), Single Limit Bodily Injury and Property Damage coverage, for each occurrence, which shall include products, completed operations, and contractual liability coverage. The City of Miami Beach, Florida must be named as an additional insured on this policy. (c) Worker's Compensation and Employer's .Liability coverage within the statutory limits required under Florida law. 11.2 The Consultant must give the Project Coordinator at Least thirty (30)' days prior written notice of cancellation or of substantial modifications in any required .insurance coverage. All certificates and. endorsements shall contain this requirement. 11.3 The insurance must be furnished by an insurance company rated B +:VI or better, or its equivalent, according to Bests' Guide Rating. Book, and by insurance duly authorized to do business in the State of Florida, and countersigned by the company's Florida resident agent. 11.4 Consultant shall provide the Project Coordinator with. a, certificate of insurance of all required insurance policies. The City reserves the right to require a certified copy of. such policies, upon written request to Consultant. 22 CITY APPROVED A & E FORM (AUGUST 2010) ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 12.1 Pursuant to Section 725.08, Florida Statutes, the Consultant shall indemnify, and hold harmless the City and its officers, employees, agents, and instrumentalities, from liabilities, damages, dosses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. The Consultant shalt pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Consultant shall in no way limit its responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. 12.2 The Consultant agrees and .recognizes. that the City shall not be held liable or responsible for any claims .which may result from any negligent, reckless, or intentionally wrongful actions, errors or.omissions of the Consultant in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions. by the Contractor, or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant (including, without limitation its sub - consultants ..and/or any registered professionals (architects and /or engineers) under this Agreement). ARTICLE 13. ERRORS AND OMISSIONS 13.1 ERRORS AND OMISSIONS:.. It is specifically agreed that any construction changes categorized by the City as caused by an error, an omission, or any combination thereof in the Contract Documents that were prepared by the Consultant will constitute an additional cost to the City that would not have been incurred without the error. The damages to the City for errors, omissions or any combinations thereof shall be calculated as the total cost of, any damages or incremental costs to the City resulting out of the errors or omissions by.the Consultant. Damages shall include delay damages caused by the error, omission, or. any combination thereof. Should the Consultant disagree that all or part of such damages are the result of errors, omissions, or any combination thereof, the Consultant may appeal this determination,. in writing, to the City's Capital Improvement Projects Director (the Director). The Director's decision on all claims, questions and 23 CITY APPROVED A & E FORM'(AUGUST 2010) disputes shall be final, conclusive and binding upon the parties hereto unless such .determination is clearly arbitrary or unreasonable. In the event that the Consultant does` not' agree with the decision of the Director; the Consultant shall present any such objections, in writing, to the City Manager. The Director and the Consultant shall abide by the decision of the City Manager. This paragraph does not constitute a waiver of any party's right to proceed in a court of competent jurisdiction after the above administrative remedies have been exhausted. ARTICLE 14. LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City'can place a limit on its liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that .its liability for any such breach never exceeds the "not to exceed" amount of the fee paid to Consultant, under this Agreement, less any amount(s) .actually paid . to Consultant hereunder. Consultant hereby expresses its willingness to enter into .this Agreement, with Consultant's recovery from the City for any damages for action for breach contract to be limited to Consultant's 'not to exceed" fee under this Agreement, less any amounts) actually paid. by the City to the Consultant hereunder. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that- the City shall not be liable to Consultant for money damages due to an alleged breach by. the City of this Agreement, in an amount in excess of the "not to. exceed amount" of Consultant's fees under this Agreement, which amount shall be reduced by any amount(s) actually paid by the City to Consultant hereunder. Nothing contained in this subsection, dr elsewhere in this Agreement, is in any, way intended to .be a waiver of the limitation placed upon City's liability, as set forth. in Section 768.28, Florida Statutes. ARTICLE 15. NOTICE All written notices given to City by Consultant shall be addressed to: City Manager's Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 24 CITY APPROVED A & E FORM (AUGUST 2010) With a copy to: Public Works Department City- of Miami Beach 1700 Convention .Center Drive Miami'Beach, Florida 33139 Attn:. . Public Works Director Fred H. Beckmann, P.E. All written notices given to the.Consultantfrom the City shall be addressed to: Associate CAMP DRESSER MCKEE INC: (CDM) 800 Brickell Avenue, Suite 500 Miami, Florida 33131 Attn:. Ignacio L. Lizama, P.E. All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return receipt requested. ARTICLE 16..MISCELLANEOUS PROVISIONS 16.1 VENUE: This Agreement shall be.governed by; and construed in accordance with, the laws of the State of Florida, both substantive and remedial,. without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami -Dade County, Florida, if, in state court, and the U.S.. District Court, Southern District of Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 16.2 EQUAL OPPORTUNITY EMPLOYMENT. GOALS: Consultant agrees that it. will not discriminate against any employee or applicant for employment for work under this Agreement because of race, , color, national origin, religion, sex, gender.. identity, sexual orientation, disability, marital or familial status, or age, and will take affirmative steps to ensure that applicants are employed andr employees are treated during employment without regard to race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age. 16.3- PUBLIC ENTITY CRIMES ACT: In accordance with . the Public Entity Crimes Act (Section 287.133, Florida Statutes), a. person. or affiliate who is a .consultant, who has been placed on the 2s CITY APPROVED A & E FORM (AUGUST 2010) convicted vendor .list following a co' nviction for a public entity crime may not submit a bid on a contract to provide any .goods or services to.th.e City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not bid' on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or subconsultant under a contract with the City, and may not transact business with the .City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. For violation of this subsection by Consultant, City shall have the ' right to terminate the Agreement without any liability to City, and pursue debarment of Consultant 16.4' NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, 'other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or. making of this .Agreement. For the breach or violation of this subsection, City shall have the right to terminate the Agreement, without any liability or, at its discretion, to' deduct from the contract price (or otherwise recover) the full amount of such fee, commission, percentage, gift, or consideration. 16.5 LAWS AND REGULATIONS: 16.5.1 The Consultant shall, during the Term of this Agreement, be governed by Federal, State, Miami -Dade County, and City laws, ordinances, and codes which may have a bearing on the Services involved in the Project. 16.5.2 Project Documents In accordance with Section 119.07 (3) (ee), Florida Statutes, entitled "Inspection, Examination, -and Duplication of Records; Exemptions," all building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, are exempt from the provisions of Section 11 9.07(l), Florida Statutes (inspection and copying of public records), and s. 24(a), Art I of the State Constitution. Information made exempt by this paragraph, with prior written approval from the City Manager, may be disclosed to another entity to perform its duties and responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to the Project; or upon a showing of good cause before a court of competent jurisdiction. The entities or persons receiving such information shall maintain the exempt status of the Information. 26 CITY APPROVED A & E FORM (AUGUST 2010) - 16.5.2.1 In addition to the requirements in this subsection 16.5.2, the Consultant agrees to abide by all applicable Federal, State, and City procedures, as may be amended from time to time, by which the documents are handled, copied, and distributed which may include, but is not limited to, each employee of Consultant and sub- consultants that will be, involved in the Project being required to sign an agreement stating that they will not copy, duplicate, or distribute the documents unless authorized by the City Manager, in writing. 16.5.2.2 The Consultant and its sub - consultants. agree in writing that the Project documents are to be kept and maintained in a secure location., 16.5.2.3 Each set . of the. Project documents are to be numbered and the .whereabouts of the documents shall be tracked at all times. 16.5.2.4 A log is developed to track each set of documents logging in the date, time, and name of the individual(s) that work on or view the documents. 16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without added compensation, all necessary supplemental. documents to correct errors, omissions, and /or ambiguities which may exist in the Contract Documents prepared by Consultant, including documents prepared by its sub- consultants. Compliance with this subsection shall not be construed to relieve the Consultant from any liability resulting from any such errors, omissions, and /or ambiguities in the Contract Documents and other documents or Services related thereto. 16.7 WARRANTY: The Consultant warrants that the Services furnished to the City under this Agreement shall conform to the quality expected of and usually provided by the profession in the State of Florida applicable to the design and construction of public and commercial facilities. 16.8 NON- EXCLUSIVITY: Notwithstanding any provision of this non - exclusive Agreement, the City is not precluded from retaining or utilizing any other architect, engineer, design professional or other consultant to perform any incidental Basic Services, Additional Services, or other professional services within the contract.. limits defined in the Agreement. The Consultant shall have no claim against the City as a result of the City electing to retain or utilize such other'architect, engineer, design professional, or other consultant to perform any such incidental Services. i 27 i CITY APPROVED A & E FORM (AUGUST 2010) 16.9 ASSIGNMENT: The Consultant shall not assign, transfer or convey this Agreement to any other person, firm, association or corporation, in whole or in part, without the prior written consent of the City Commission, which consent, if given at all, shall be at .the Commission's sole option and discretion. However, the Consultant will be permitted to .cause portions of the Services to be performed by sub - consultants, subject to the prior written approval of the City Manager. 16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City .each binds himself /herself, his /her partners, successors, legal representatives and assigns to the other party of the Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. The Consultant shall afford the City (through the City Commission) the opportunity to approve or reject all proposed assignees, successors or other changes in the ownership structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant. 16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of the Services prescribed herein, it shall be the. responsibility of the Consultant to provide all salaries, wages, materials, equipment, sub - consultants, and other purchased services, etc., as necessary to complete said Services. 16.12 INTENT OF AGREEMENT: 16.12.1 The intent of the Agreement is for the Consultant to provide design services; and to include all necessary items for the proper completion of such. services for a fully functional Project which, when constructed in accordance with the design, will be able to be used by the City for its intended purpose. The Consultant shall perform as Basic Services; such incidental work which may not be specifically referenced, as necessary to complete the Project. 16.12.2 This Agreement is for benefit of the parties only and it does not grant rights to a third party beneficiary, to any person, nor does it authorize anyone not a party to the Agreement to maintain a suit for. personal injuries; professional liability, or property damage pursuant to the terms or provisions of the Agreement. 16.12.3 No acceptance, order, payment, or certificate of or by the City, or its employees or j agents, shall either stop the City from asserting any -rights or''operate as a waiver of any I provisions hereof or of. any power or right herein reserved to the City or of any rights to damages herein provided. 28 CITY APPROVED A & E FORM (AUGUST 2010) I I 16.13 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein; and the parties agree that there are no commitments, agreements, or, understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or .agreements whether oral or written. It is further agreed that no modification, amendment or alteration. in the terms or conditions contained herein shall be effective unless memorialized in written document . approval and executed with the same formality and of equal dignity herewith. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] j r I i 29 i CITY APPROVED A & E FORM (AUGUST 2010) IN WITNESS WHEREOF, the parties hereto, have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. Attest CITY OF MIAMI BEACH. CITY CLERK M YOR CAMP DRESS MCKEE, INC. (CDM) Attest • i natur Signatu , Print Name Print Name APPROVED AS TO FORM & LANGUAGE FOR EXECUTION Date. F: \work \$ALL \(1) EMPLOYEE FOLDERS \Rick Saltrick\A & E Agreement \Camp Dresser McKee Citywide Stormwater Master Plan.doc 30 CITY APPROVED A & E FORM (AUGUST 2010) SCHEDULE A SCOPE OF SERVICES PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH & CAMP DRESSER & MCKEE INC. (CDM) PREPARATION OF:A NEW CITYWIDE COMPREHENSIVE STORMWATER:MANAG.EMENT MASTER PLAN IN THE CITY OF MIAMI BEACH TO SUPERCEDE THEE EXISTING, COMPREHENSIVE STORMWATER MANAGEMENT' PROGRAM MASTER PLAN (PURSUANT. TO RFQ NO. 03- 09/.10) SCOPE OF SERVICES SCOPE OF SERVICES (GENERALLY) The Consultant's Services shall include, without limitation, the following professional engineering. services. engineering analysis, investigation,. program definition /planning, design, preparation of construction documents; permitting, 'preparation vof I analysis of estimated cost, bidding /contract award assistance, , construction inspection, project management, project coordination, construction observation /contract administration, project scheduling and timeline preparation, and other.related services, as deemed in the best interest of the City. The Scope of Services for this Agreement are more specifically .detailed in the tasks set forth in the proceeding Service Orders Nos. 1, Z. and 3 (attached). 31 ; CITY APPROVED A & E FORM (AUGUST 2010) s. SCHEDULE A SERVICE ORDER No.1 ENGINEERING SERVICES FOR CITYWIDE COMPREHENSIVE STORMWATER. MASTER PLAN FOR CITY OF MIAMI BEACH, FLORIDA (CITY) BY CAMP DRESSER & MCKEE INC. (CDM) (CONSULTANT) BACKGROUND This is a Service Order under the Contract for Citywide Comprehensive Stormwater Master Plan services dated , 2010 between the CITY and CONSULTANT. The Stormwater Master Plan (SWMP) services will include several tasks that are inter- dependent such as program goal definition, data evaluation, GIS coordination, stormwater system level of service (LOS) identification for water quantity (flooding) and water quality, alternatives formulation and prioritization, regulatory guidance, and recommendations for implementation. SCOPE OF SERVICES The study area boundaries, CITY priority flooding areas (early -out areas), and primary stormwater management system (PSMS) are shown on Figure 1. CONSULTANT's Scope of Services is provided below by task and subtask. Task 1.0 Data Evaluation Task 1.1 Review and Discussion of the 1997 SWMP CONSULTANT is already familiar with the stormwater management plan prepared in 1997, and will briefly review its contents, including all of the appendices. CONSULTANT will focus on the list of projects proposed and the criteria used to develop the recommendations included in the report, such as: ■ Tributary areas ■ Problem areas ■ Infrastructure inventory ■ Stormwater models and calculations including runoff coefficient values ■ Event Mean Concentration parameters ■ Level of Service criteria and results prioritization ■ Recommended capital improvements and phasing ■ O &M needs and costs 1 KM3056_SWMP_Scps.docx 12/21/10 �I N 7 W E t ern i North Bay Causeway (..J m k -, a) W _, CJ E Julia Tuttle Causeway t t; 6 � , o LL cq� 4r y r. y Source: Comprehensive Stormwater Miles Management Program_Master Plan, 1997. 0 0.5 1 2 1 `50 Le Figure 1 O Basin Boundary Streets PDATE Mayor Roads City Limits City -Wide Stormwater Master Plan 02 -17 -2010 o iCPR Model Project Area 2 - i ■ Hydrogeologic data and well digital information from the CITY; Florida Department of .Transportation (FDOT), United States Geological Service (USES) and South Florida Water Management District (SFWMD) m Current O &M issues discussed with CITY. staff CONSULTANT will meet with the CITY to discuss and confirm the list of projects already implemented and the most recent opinion regarding the remaining projects that should be potentially reconsidered by CONSULTANT. Deliverable: CONSULTANT will produce a draft report:section summarizing the 1997 SWMP results and data. Task 1.2 GIS Data Coordination CONSULTANT has already received and reviewed many of the existing CITY databases and has been the caretaker of the GIS infrastructure. Our staff islamiliar with most of the data listed below, but in order to ensure coordination, CONSULTANT will request the latest version of the GIS stormwater database that will be used for this project, which will include: NPDES pipe, inlet, manhole, pump station ■ Roadway coverage including its traffic classification (arterial, collector, .local, etc.) Latest Aerial Imagery available (1 meter resolution) ■ Parcel coverage ■ Stormwater complaint records ■ Zoning and land use for existing and future conditions ■ Soils ■ Location of flap valves ■ Neighborhood Surveys ■ Stormwater Cut Sheets ■ Seawall elevations (Private and Public) CONSULTANT will also confirm with the CITY if there are any upcoming plans to adopt different vertical datum criteria, and any prior agreements with FEMA in the conversion from National Geodetic Vertical Datum (NGVD) to North American Vertical Datum (NAVD). During the kick-off 'coordination meeting, CONSULTANT and the CITY will also, confirm the list of priority areas that will be the immediate focus of this project. cm 3 KM3056_SWMP_Scps.docx 12/21/10 Deliverable: Report Section summarizing GIS stormwater database and applicability to the SWMP. Task 1.3 Level of Service Economic Evaluation . CONSULTANT will consider the economic implications of the current Level of Service (LOS)', by considering the number of roads and structures that currently do not meet the criteria and the capital costs to meet LOS for one early -out area as chosen by the CITY and CONSULTANT based on the models as developed in Task 2. As a result of the analysis, CONSULTANT will consider the design storm duration and intensity that is more relevant for the evaluation of Level of Service, per Task 2.2, along with appropriate tidal conditions based on Task 2. It is anticipated that the most critical storms for this evaluation might be in the range of the 2- to 5 year 24 -hour or 10 -year 72 -hour storms. The results will be presented in, a series of maps identifying the locations not meeting LOS, for the selected early =out area. In coordination with the CITY and its current update of the Comprehensive Plan, _ . CONSULTANT will recommend potential updates and modifications to - the existing Level of Service, and determine critical diminishing returns. Deliverable: Tables listing results for flood stages and capital costs for three scenarios of Level of Service. Task 1.4 Data Report Section CONSULTANT will evaluate other potential available digital sources of data for rainfall, soils, land use, topography, water quality data, proposed projects, BMPs, and City land ownership. These sources will include the SFWMD, United States Army Corps of Engineers (USACE), Florida Department of Environmental Protection (FDEP), and Miami -Dade County. 'CONSULTANT will identify data gaps for the subsequent tasks and phases and will recommend actions or tasks to obtain data necessary to complete, the SWMP. Deliverable: CONSULTANT will develop a draft report section summarizing available data, sources and data needs. Task 2.0 Citywide SWMM .Development CONSULTANT. will set-up and apply the US EPA.SWMM 5.0 to simulate the surface water hydrology and hydraulics for entire City. This model was - chosen because it has been verified through use in multiple studies throughout coastal Florida and has features that allow the representation of overland flow and surface ponding, closed conduits, open channels, pump . stations, wells, groundwater interaction., and tides. SWMM is a dynamic hydrologic and hydraulic model capable of performing continuous or event, simulations of surface runoff, and subsequent hydraulic conveyance in open channel and pipe systems. The hydrologic module operates by applying precipitation across Hydrologic Units (HUs) and through overland flow and infiltration; conveying surface runoff to loading points on the user - defined stormwater management system. Runoff hydrographs for these loading points provide input for hydraulic routing in downstream reaches. cm 4 KM3056_SWMP_Scps.docx 12/21/10 The hydraulic flow routing module, uses a link -node (conduit - junction) representation of the stormwater management system in an explicit finite difference solution of the equations of gradually varied, unsteady flow (one - dimensional Saint - Venant equation): The model performs dynamic routing of stormwater flows through the PSMS to the points of discharge or outfalls. Since it is dynamic, it simultaneously considers both the 'storage and conveyance aspects of stormwater management facilities. Simulation output takes the form of water surface elevations and inundated areas at each junction and flows and velocities in each conduit. CONSULTANT will define the CITY's primary stormwater management system (PSMS) for the 162 outfall systems and develop a GIS layer of the model schematic representing the hydrologic units, and PSMS components. The PSMS will consider the locations of known flooding problems. Deliverables: Citywide SWMM 5.0 Model Input Files and PSMS schematic. Task 2.1 Rainfall and Design Storms CONSULTANT will collect and analyze data for up to two long term rainfall gage stations (Miami International Airport and Key Largo) and perform hydrologic simulations and statistics for up to a 50 year period of record utilizing NetSTORM in' order. to support evaluations of average annual rainfall volume capture for retrofit stormwater treatment specific to the City of Miami Beach. CONSULTANT will also evaluate the rainfall data from the CITY's golf course and treatment plant rainfall gages. _CONSULTANT will use design storm distributions from the SFWMD to develop time series for the following conditions: 2.5 -inch, 2 -year, 5 -year, 24 -hour duration storms and the 10 -year, 25 -year, and 100 -year, 72 -hour duration rainfall events. Deliverable: A summanj report section documenting the statistical analysis and results, as well as the time series for design storms developed under this task. Task 2.2 Boundary Conditions Including Sea Level Rise Estimates CONSULTANT will gather the latest available information from up to two tidal gages as available from the'Nationai and Atmospheric Administration (NOAA), the USGS, or other agencies. CONSULTANT will review the data and perform statistical analysis. Based on the statistical results, CONSULTANT will prepare a summary table of parameters that will be used to determine the current mean tide, the mean high tide, and the. 1-year tidal still water elevation: Additionally, as, a sensitivity analysis on potential future tidal effects, CONSULTANT will investigate the literature on sea level rise resulting from climate change including recent reports by Broward County and Miami -Dade County, and estimate the associated boundary: conditions for three scenarios of sea level rise for a 50 to 100 year projection: low, medium and high. The _.main objective of this evaluation is to prepare immediate suggestions to be included in the City design standards such as design head loss values that can *extend the useful life of new construction projects. Corrosion is another important element that is becoming a significant factor in the replacement program for existing pump stations; CONSULTANT proposes to include as a standard cm 5 KM3056_SWMP_Scps.docx 12/21/10. specification the use of stainless steel and other suitable materials, to be able to resist high corrosion from sea water. CONSULTANT will also consider immediate elements that could be -adopted for upcoming retrofits. As a third level of analysis, CONSULTANT proposes. to evaluate the worst case scenario sea level rise projections to identify the most vulnerable areas of the City that could not be protected by the current seawalls. At the same time, CONSULTANT will propose changes in zoning to allow the implementation of projects that can increase the available storage, while providing other services to the City such as elevated parking, and golf course irrigation. Deliverables: ■ . Boundary condition values for mean highlide and 1 -year tidal still water condition ■ Suggested,edits to the current CITY's specifications ■ CITY Map identifiying most vulnerable areas, and seawall locations that require retrofit: m Draft report section. Task 2.3 Hydrologic Module Set -up CONSULTANT will set -up the hydrologic module of SWMM using available digital topography from the CITY, including the latest version of the LiDAR coverage (if available), along with existing hydrologic boundaries to identify delineate, and refine up to 324 HUs in the CITY. CONSULTANT will also include consideration of CITY - identified serious. problem areas (flooding homes, buildings, and evacuation routes), mapping; and field - verification as required. The CITY's GIS will be used wherever .possible. CONSULTANT will use the current CITY GIS databases for soils data estimates, including percentages of SCS Soil Groups A, B; C, and D by hydrologic unit. Based on this information, CONSULTANT will estimate soil. infiltration rates (maximum and minimum) total soil storage values, and other hydrologic parameters for SWMM. . CONSULTANT will catalog the present land use data into 10 classifications based on hydrologic similarity. CONSULTANT will. estimate the percentage of directly connected impervious area (DCIA) by hydrologic unit based on representative sample areas. CONSULTANT will generate overland flow data for each hydrologic unit (overland .flow length, slope, Manning's "n" roughness, and initial abstractions) for each HU. CONSULTANT will develop stage- area- storage characteristics for significant storage and depressional areas, as determined by CONSULTANT, for the purposes of developing routing curves based on available topographic data.. Deliverables: s GIS layers of hydrologic unit delineations, soil classification, and land use breakdown. cm r 6 KM3056_SWMP_Scps.docx 12/21/10 ■ Tables of Stage- Storage -Area relationships and Manning's n values ■ Draft report section on hydrologic module set -up. Task 2.4 Stormwater System Verification and Survey. CONSULTANT will use available aerial photogrammetry and field survey data provided by the, CITY to develop open channel hydraulic data for channel cross - sections, lengths, roughnesses and slopes. CONSULTANT will evaluate the available neighborhood surveys, to extract as much information as possible. In cases where vertical information is needed, CONSULTANT will survey up to 60 locations including pipe invert; and -rim elevations. CONSULTANT will gather available survey information as provided by the CITY to develop the hydraulic characteristics of up to 324 PSMS control structures, bridges, and. culverts including heights, _ widths, geometries, lengths, inverts, local loss characteristics, conditions, roughnesses and materials, as well as overflow elevations and materials. If additional conduit and /or control structure survey data are required to model the PSMS, CONSULTANT will draft. a survey data request to identify the data to be provided either by the CITY or by CONSULTANT as Additional. Services. Deliverables: ■ Summary of field survey collected m Field survey notes Task 2.5 Hydraulic'Model Setup and Validation CONSULTANT will set up the hydraulic module of SWMM for the PSMS in the Study Area (Figure 1). This will include up to 324 conduits and up to 480 junctions. The models shall be validated for one system as determined by the CONSULTANT and the CITY to simulate one actual storm event which occurred in the .project area if data are available as determined by CONSULTANT. CONSULTANT will use available.stage data from up to 5 locations within the project area for calibration/ validation. CONSULTANT will identify rainfall, stage/ discharge, and/or high water mark data as provided by the. CITY to validate the models. CONSULTANT will. develop a comparative table of simulated and measured- estimated flood stages. Deliverables: Report section describing the hydraulic module set -up, field data' available, and data verification. Task 2.6 Design Storm Simulations CONSULTANT will apply the US EPA SWMM to simulate six design storms (2.5 inch, 2 -year, and 5- year, 24 -hour; and the 10 -, 25 -, and 100 -year; 72 -hour) using present:and future land uses for existing hydraulic conditions. Hydraulic boundary conditions will be based upon the 1 -year tidal stillwater elevations (current and future as affected by sea level rise). Results from design and calibration storms shall be. validated by checking known flooding complaints, eyewitness accounts, and/or gage results, keying on serious problems to support model validity where possible. CONSULTANT will produce flood summary,tables listing the.peak flood stages by 7 KM3056_SWMP_Scps.docx 12/21/10 z design storm along with a comparison'to available indicator elevations (available data from the CITY on house. and road elevations) to determine LOS. Deliverable: CITY wide Peak Stage Summary Tables for each design storm. Task 2.7 Problem Area GIS Layer CONSULTANT will use results from the simulations to prepare a problem area GIS layer map for alternative evaluations and/or design project commencement. The map will include areas with street flooding greater than 0.5 foot, 1.0 foot, and greater. Deliverables: Problem Area GIS layer and draft report section. Task 2.8 Water Quantity Model Results Report Section _ CONSULTANT will draft a summary report section on the water quantity results including the flood summary tables, problem area list and LOS summary, and GIS figures. Deliverable: Draft Water Quantity Results report section. Task 3.0 Citywide Alternatives Evaluation and Recommendations This task includes the definition and evaluation of alternative solutions that are sustainable to address and manage existing stormwater problems -and avoid or mitigate potential future stormwater problems. CONSULTANT will promote projects that include a sustainability component, - such a stormwater reuse for irrigation, green roof technologies, and Low Impact Development techniques; where possible, Task 3.1 Define and Evaluate Citywide Regional Alternatives CONSULTANT will define two CITY -wide alternatives, with progressive degrees of intervention and regionalization. to provide the CITY a desired LOS for the priority areas based on the results of previous water quantity simulations. The alternative definitions shall be based on the following factors: ■ Implementation constraints for both structural and non - structural alternatives, including ..present condition retrofits and /or modifications and future growth planning. ■ The ability. to implement regional, integrated water quantity and quality management alternatives for the PSMS. Alternatives shall be directed toward solving serious problems, which will also aid /relieve some nuisance. problems. The alternatives shall be based on comprehensive water quality and water quantity solutions, which will consist of non - structural (ordinance or regulations) and structural solutions. Examples of structural solutions include conveyance improvements (such as pressurization to increase conveyance and greater use of Tideflex valves, possibly in conjunction with tide and rainfall sensors); coupled with.treatment /storage facilities, such as wet detention, exfiltration, recharge wells, protection of isolated wetlands, green alleys, .gradually sloped 'swales, and facilities which can serve as park, conservation (e.g. reuse), and/or recreation areas. Any pressurization/ pumping components will take into account the corrosion potential of the CITY's marine environment. Conservation/ reuse opportunities will. also be conceptually cm 8 KM3056_SWMP_scps.aocx 12/21/10 identified with particular focus on the use of golf courses, swales, storage tanks, recharge wells, exfiltration trenches, and green roofs. Accordingly, the two alternatives anticipated are conceptually defined below: ■ Alternative 1, will be an improved maintenance evaluation where additional pipe/ channel/ lake maintenance can be performed to reduce velocities, ' reduce erosion, stabilize sideslopes, and improve overall system maintainability. The intent is to develop a first step solution to problems that show citizens that action is occurring.to address stormwater- related problems. Alternative 2 will be-the most cost effective existing land use solution for both flood control and 'water quality retrofit as determined by the CONSULTANT. Flood control and water quality LOS goals are met, wherever. possible. Anytime a flood control alternative is required, the entire upstream area from the improvement will be considered -for potential retrofit. Additional water quality improvements will be- considered based upon pollutant load projections, presence of known water quality problems, and existing constraints. CONSULTANT will evaluate the alternatives using SWMM for the six design storms and. Watershed Management model (WMM) in Task 4 to estimate the resulting levels of service for water quantity and water quality, respectively: CONSULTANT will tabulate and summarize these results. Deliverables: One recommended alternative for each area. Draft report section. Task 3.2 Conceptual -Level Construction Cost Estimate CONSULTANT will estimate conceptual -level probable construction costs for. the two management alternatives. Deliverable: Conceptual construction cost estimates-for the priority problem area improvements and draft report section. Task 3.3 Operation and Maintenance (O &M) Needs and Costs Using GIS data, CONSULTANT will provide up to 180 hours of field inspection of stormwater facilities to identify the levels of maintenance. The work. estimate is based on average complexity, and field conditions that will allow CONSULTANT to complete the work within the proposed timeframe. CONSULTANT will prepare a maintenance database consisting of the . following elements: ii Component installation / construction date ■ Pictures of the facility ■ Design plans ■ Physical condition of component CM 9 KM3056 SWMP_Scps.docx 12/21/10 ■ Maintenance history ■ Repair/ replacement needs ■ Repair. schedule Using" this information, CONSULTANT will prepare a projection of O &M needs and costs for the existing system, as well as for additional components that may emerge from the aforementioned alt e rnatives. CONSULTANT will also take into account water. quality - related ` activities (e.g., monitoring, cleanouts, etc.) required by NPDES permits, now and in the future. Included in projection also will be a detailed responsiveness. plan for significant storm events. Deliverable: Draft O&M report section and recommendations. Task 3.4 Selection of Recommended Plan for CITY's Approval Based on the previously- described evaluations, CONSULTANT will recommend to the CITY a Recommended Plan for the CITY's consideration. CONSULTANT wilt document the process and the recommendations in the report, discussed below. Deliverable: Recommended plan summary report section. Task 4.0 Water Quality Evaluations The CONSULTANT's Watershed Management Model (WMM) will be used to evaluate annual and seasonal stormwater - related pollutant loads to. the Biscayne Bay and the Atlantic. Ocean.' Potential implementation of BMPs will also be evaluated. The CONSULTANT "s Southeast US EMC database and "the U.S. EPA Nationwide Urban Runoff Program (NURP) will be the basis of.the EMC data used in this task. Task 4.1 Best - Management Practices (BMP) Inventory Data CONSULTANT will tabulate data for major existing stormwaterJBMPs (such as retention ponds, recharge wells, baffle boxes, oil separators, swales, and others), as available from the CITY. Deliverable: BMP inventory summary. and GIS database. Task 4.2 Water Quality .Model" Data CONSULTANT will compile hydro - meteorologic and water quality data required for WMM input and model validation such as precipitation records from MIA, strearnflow data, and water quality data such as statistics receiving water monitoring stations. Deliverable: Data for application of the WMM. Task 4.3 Apply WMM CONSULTANT will setup and apply WMM for two hydrologic systems (Atlantic Ocean. and Biscayne Bay) using non -point source loading factors for model input such as baseflow CDM 10. KM3056_SW.MP_Scps.docx 12/21/10 pollutant,. concentrations, runoff coefficients, event mean concentrations (EMCs), and septic tank loading factors, based on available data. CONSULTANT will estimate annual non -point source pollutant loads for. the 12 EPA NPDES indicator, pollutants as shown in Table 1 for present land use conditions. Present nonpoint source loadings, delivered to the sub -basin outlet will be compared and qualitatively evaluated based on relative changes for land use and BMP implementation to determine the water quality impacts to the receiving waterbody. Based upon the water quality evaluations, the problem area list for - specific projects within the sub -basin shall be updated and refined. Tables and bar charts will be used to present the results. Deliverable: CITY wide WMM input and output files for Atlantic Ocean and Biscayne Bay discharges. TABLE 1 EPA NPDES Stormwater Indicator .Parameters Biological Oxygen Demand (BOD5) Chemical Oxygen Demand (COD) Total.Suspended Solids (TSS) Total Dissolved Solids (TDS) Total Phosphorus (TP) Dissolved Phosphorus (DP) Total Kjeldahl Nitrogen. (TKN) Nitrite plus Nitrate (NO2 + NO3) Lead (Pb) Copper (Cu) Zinc (Zn) Cadmium (Cd) Task 4.4. Water Quality Report Section CONSULTANT will prepare a report section summarizing the data collection, analysis and results of the water quality analysis. CONSULTANT will provide a one-'day training course in the use of the WMM for up to four staff. . Deliverables: Water quality model report section. Task 5.0 Groundwater Recharge and Reuse Evaluation CONSULTANT will evaluate the available hydrogeologic information, as well as well digital dogs for up to five wells to estimate the well head and discharge from individual stormwater recharge wells. The main objective of the analysis is. to determine the stormwater quantity and quality benefits of recharge wells; while replenishing the aquifer for potential reuse. Currently it is estimated that the recharge head will be limited to three feet above potentiometric surface, to avoid detailed monitoring criteria from the FDEP. In some cases it might be possible to go beyond such head, by creating elevated structures such as observation decks on elevated tanks KM3056_SWMP_Scps.docx y 12/21/10 and other recreational elements. Reuse opportunities are very likely in areas adjacent to the golf courses, and in a minor scale in the vicinity'of isolated wetlands. Based on the evaluation CONSULTANT will propose the ideal applications for recharge wells_, and identify reuse opportunities. By applying these criteria, it might be possible to eliminate some of the existing stormwater outfalls to the ocean, while creating an. opportunity for groundwater recharge, irrigation reuse, and recreation facilities. Deliverable: Report section outlining opportunities for recharge wells and reuse in surface water systems (e.g., golf courses). Task 6.0 Stormwater Funding Evaluations Based on the cost estimates developed under Tasks 3.2, and 3.3, CONSULTANT will develop a. 20 year capital expenditure plan that will include capital improvements, as well as- operation and maintenance. The projected costs will be compared with the stormwater utility revenues to determine if 'there are any required adjustments to the current ERU fee..CONSULTANT will also update the CITY on the current fees adopted by nearby and similar communities within Florida. CONSULTANT will evaluate and summarize potential grant and loan opportunities for stormwater projects. Deliverables: Stormwater funding evaluation and utility update recommendations draft report section. Task 7.0 Stormwater Master Plan Report and Appendices CONSULTANT will draft a report that shall include data and results from the preceding tasks, including data availability and needs, problem areas, water quantity / quality evaluations and results, alternatives defined and evaluated, recommended management strategies, relative benefits (flood stage and velocity reductions), capital and O &M costs for alternatives, recommended prioritization of structural and /or non - structural solutions, and implementation requirements. The report shall include the following contents: ■ Executive Summary ■ Background and Purpose ■ Data and Methodology. ■ Water Quantity Results ■, Water Quality Results ■ Alternatives Evaluation ■ Recommendations- including structural and non - structural (ordinance and design standard) requirements, sustainability components, wetlands management plan,. further cm I2• KM3056_SWMP_Scps.docx 12/21/10 studies, commencement of design projects, and potential needs for further data and monitoring. Deliverable: CONSULTANT will provide 5 copies of the draft report and 5 copies of final report. CONSULTANT will also submit a PDF digital version of the report to the CITY. Task 8.0 CITY Staff Training in SWMM and WMM - CONSULTANT will train City personnel in the use of, the SWMM and WMM. packages for water quantity and quality. CONSULTANT will prepare for a two -day training session and will. provide project specific model documentation. The CITY will provide the training room and computers for their staff. Deliverable: 2 -day training for`CITY staff in SWMM and WMM including one original set of training. materials and SWMM and WMM software for the CITY to produce. Task 9.0 Project Management and Quality Management Task 9.1 Project Meetings r CONSULTANT will attend and support the following 17 meetings and presentations during the project, which will include the following: ■ Kick -off meeting to familiarize CONSULTANT and the CITY with the project goals, objectives, and desired.levels of service. (1) ■ Three presentations to CITY Commission committees (3) ■ Six monthly interim progress and two data meetings with.CITY _staff (8) ■ . Presentation of draft report to CITY (1) ■ Meeting with CITY to discuss comments to the draft report (3) m Presentation of Final Report to Commission and CITY staff (1) CONSULTANT will prepare presentation slides and summary notes for meetings as necessary. Task 9.2 Quality Control Technical Review CONSULTANT maintains a program of Quality Control (QC) on all of its projects. Meetings will be scheduled over the project duration during which the project team will be required to review submittals and discuss project issues. Task 9.3 Preparation of Status Reports CONSULTANT's project manager will prepare monthly written progress reports summarizing activities completed, work remaining and identifying any problems.which have occurred, or anticipated needs. cm 13 KM3056_swMP_scps.aocx 12 /21 /10 TIME .OF COMPLETION CONSULTANT will complete this Service Order No. .1 Scope of Services within 12 months from the date of the Notice to Proceed. COMPENSATION AND PAYMENT The total compensation to CONSULTANT for all services; materials, supplies, and any other - items or requirements necessary to complete the work as described in Service Order No. 1 herein shall be in the Not -to- Exceed sum of $592,379. CONSULTANT will submit monthly invoices to the City. Each invoice shall include a. monthly written status report. Invoicing for the Lump Sum will be based on the percentage of completion of the task. Invoicing for the Not -to- Exceed services shall be billed on a time and materials basis at CONSULTANT's prevailing rates plus sub = consultant professional services fee. An allowance not to exceed $23,532 is established for Additional Services that the CITY may authorize during the performance of Service Order No. 1. The allowance amount shall not be invoiced without prior written approval of the CITY. Thus the total value of this Service Order No. 1 is as follows: Basic Services, Lump Sum' $ 568,847 Allowance, Not -to- Exceed (N.T.E.) $ 23,532 'Total, Service Order No. 1, (N.T.E.) $ 592,379 . cm 14 KM3056_SWMP_Scps.docx 12/21/10 SCHEDULE A SERVICE ORDER No. .2 ENGINEERING SERVICES FOR CITYWIDE COMPREHENSIVE STORMWATER MASTER PLAN FOR CITY OF- MIAMI BEACH, FLORIDA. (CITY) - BY CAMP DRESSER & MCKEE INC. (CDM) (CONSULTANT) BACKGROUND This is a Service -Order under the Contract for Citywide Comprehensive Stormwater Master Plan (SWMP) services dated , 2010, between the CITY and CONSULTANT. The , Stormwater Master Plan (SWMP) services will include several tasks. that are inter- dependent such as program goal definition, data evaluation; GIS coordination, stormwater system level of service (LOS) identification for water quantity (flooding) and water quality, alternatives formulation and prioritization, regulatory guidance, and recommendations for implementation. SCOPE OF SERVICES Task Order No. 2 includes tasks identified during the scoping meetings would benefit the CITY SWMP and implementation but may be sequenced later as other tasks are completed and findings are evaluated: Task 1,0 Geocoded Flooding. Complaints CONSULTANT will work with the City GIS manager and the stormwater superintendent to obtain any flooding complaints GIS data layers that may exist. If. there are no existing GIS data' for flooding complaints, CONSULTANT will develop the necessary GIS data layers needed to support the project: This will be accomplished by evaluating the available complaint reports provided by the CITY and spatially locating them in a. GIS data layer. This, type of information is usually a decision based.tool to confirm commonly known flooded areas, and is a first step. towards the, future inclusion of this information in the current CITY asset management tool (Cityworks). The creation of a database that registers flooding - complaints wily be. made following FEMA data., guidelines and specifications, to allow the use of such information for FEMA related activities such as the documentation of the Community Rating System, and supporting documentation 'for repetitive flooding properties: Deliverable: GIS database that will allow the recording of future flooding complaints: Task 2.0 FEMA CRS Rating Assistance The City of Miami Beach is currently ranked as Class 7, in the FEMA Community Rating System (CRS) which provides 15% insurance premium discount. A maximum score of 4,500 points 1 KM3056_S WMP_Scps.docx 12/21/10 corresponds to a Class 1 rating, with a 45% insurance premium discount. Currently in Florida there are a limited number of communities with better than Class 5 classification. The CRS classes for local communities. are based on 18 creditable activities; organized under four categories: ■ Public Information, ■ Mapping and Regulations, ■ Flood Damage Reduction,.and m Flood Preparedness. CONSULTANT shall gather the following information, in addition.to the data collected in Task 1.1 and 1.4: ■ Latest FEMA Q3' Data ■ Latest FEMA Map amendments (MT1,. MT2) ■ Latest FEMA CRS Documentation Report CONSULTANT will review the available information, and will provide suggestions on documenting and reporting to FEMA additional work that would allow the -CITY to reduce its CRS classification. By simply documenting Task 1.4 and.Task 6,. the CITY will provide additional information that might improve its current CRS rating. Deliverable: Report section describing the available data-as well as the proposed activities to improve the current CITY's .CRS rating. Task 3.0 Potential Water Quality Facilities in Submerged Lands Based on past CONSULTANT experience, it might be feasible to implement water quality Best Management Practices (BMPs) ,in submerged land areas, in close coordination with State and Federal agencies. The likelihood of these applications depend on the fluctuation of water levels in the receiving body, the pollutant load from'the treated area, as well as navigation, recreation, and water supply uses. Collins Canal is CITY owned and might be a potential application of this technique, which allows the CITY to achieve water quality treatment credits, in areas with limited real *estate availability. CONSULTANT will coordinate closely with the South Florida Water. Management District (SFWMD), Miami -Dade Department, of Environmental Resources Management (DERM) and other related agencies regarding the - feasibility of such technique, with the experience of similar applications in other parts of the State. Deliverable: Report Section describing the permitting challenges and water quality benefits that could be attained in implementing submerged land water quality facilities. cm KM3056 SWMP_Scps.docx 12/21/10 Task 4.0 Regulatory Framework Assistance CONSULTANT will track and consider the applicability of pending regulations that may impact water quality modeling and stormwater plan development, namely: ■ Total Maximum Daily Load (TMDL) program and Basin Management Action Plan (BMAP). process for impaired waters as administered by the Florida Department of Environmental Protection (FDEP) and U.S. EPA. ■ Draft Numeric Nutrient Rule as proposed by the U.S. EPA and as evaluated by FDEP. ■, Draft Unified Statewide Stormwater Rule as proposed by FDEP. CONSULTANT will monitor State outreach meetings as deemed beneficial to the project to ensure that the CITY is aware of the latest regulatory framework and the specific local implications. CONSULTANT will draft a report section summarizing the pending and current regulations (e.g., SFWMD ERP), potential activities for compliance and recommendations. Deliverable: Guidance to the CITY regarding proactive communications and coordination regarding the upcoming water quality regulations,'attendance to up to• two regulatory meetings,. report section, and meeting minutes. Task 5.0 Integration with Existing Asset Management Tools and Real Time Control CONSULTANT will upgrade and convert the•information developed as part of the SWMP tasks. to create a specific'stormwater section of the Asset Management Tool. The CITY currently has many elements already in place that could be integrated to develop a programmatic. maintenance schedule and capital outlay projection, as well as a real,time monitoring of stormwater conditions. CONSULTANT will explore the possibility of setting up Reverse 911 protocols to manage .public evacuations based on real time information. The following are common elements of this tool: ■ Inventory of, Stormwater infrastructure including its current condition, and criticality. ■ Stormwater Infrastructure Installation Date ■ Stormwater Infrastructure Estimated Useful Life ■ Programmatic Maintenance Schedule for each element ■ Reattime monitoring of CITY rainfall gages (golf courses, treatment plants, and others) ■ Real time monitoring of flood levels at critical locations Geodatabase of flooding complaints It is possible to make use of the existing SCADA infrastructure to monitor rainfall and flood gages, therefore reducing CITY's investment costs. cm 3 KM3056_SWMP_Scps.docx 12/21/10 Deliverable: Recommendations to integrate existing CITY infrastructure to develop an independent stormwater asset management tool. Task 6.0 Web Application Development The web -based application provides the'framework for integrating the updated/ upgraded stormwater models, floodplain maps and water quality models into a central location, thus. making the system easy to maintain in addition to providing access to the public,: City staff, developers, regulatory agencies, and other interested parties: The benefits .to migrating this information to the City's webpage is that it will give all interested .parties direct access to critical data and information including flow and stage time series, stage'tables, GIS data (including subbasins and hydrologic units delineations and node diagram), FEMA flood zones and MSM-P update reports. CONSULTANT's. goal will be to improve the accessibility and independent use of this information to reduce the distractions to Department staff. In addition, the availability of this,. information will improve public information and involvement in the master plan efforts.. Ongoing bi- annual updates will keep the application current with the pace of change and development within the CITY. Deliverable: A web portal available to the public. Task 7.0 CITY Commission Committee and Public Outreach Meetings CONSULTANT will present approaches and results for the various master plan tasks at up to two commission committee meetings and up to two public. outreach meetings, in addition to those listed in Service Order No. 1. Deliverables: Attendance and - presentation materials for up to four meetings. TIME OF CONSULTANT will complete. this Service Order No. 2 Scope of Services within 6 months from the date of the Notice to Proceed. COMPENSATION AND PAYMENT The total compensation to CONSULTANT for all services, materials, supplies, and any. other items. or requirements necessary to complete the work as described in Service Order No. 2 herein shall be in the Not -to- Exceed sum of $96,990. CONSULTANT will invoice theCITY monthly based on percentage of completion,by task. CONSULTANT will submit monthly invoices to the City. Each invoice shall include a monthly written status report. Invoicing for the Lump Sum will be based on the percentage of completion of the task. Invoicing for the Not -to- Exceed services shall be billed on a time and , materials basis at CONSULTANT's prevailing rates plus sub - consultant professional services fee. CM - 4 KM3056_SWMP_Scps.docx 12/21/10 An allowance not to exceed is established for Additional Services.that the CITY may authorize during the performance of Service Order. No. 2. The allowance amount shall not be invoiced without prior written approval. of the CITY. Thus the total value of this Service Order No. 2 follows: Basic Services, Lump Sum $ 90,230 Allowance, Not -to- Exceed (N.T.E.) $ 6,760 Total Service Order No.. 2, (N.T.E.) .$ 96,99 5 KM3056_SWMP_Scps.docx 12/21/10 SCHEDULE A SERVICE ORDER No. 3 ENGINEERING SERVICES FOR PRELIMINARY DESIGN PACKAGES FOR STORMWATER EARLY -OUT PROJECTS FOR CITY OF MIAMI BEACH, FLORIDA (CITY) BY CAMP DRESSER & MCKEE INC. (CDM) (CONSULTANT) BACKGROUND This is a Service Order under the Contract for Citywide Comprehensive Stormwater Master . Plan services dated , 2010 between the CITY and CONSULTANT. The Stormwater Master Plan (SWMP) services will include several tasks that are inter- dependent such as program goal definition, data evaluation, GIS coordination, stormwater system level of service (LOS) identification for water quantity (flooding) and water quality, alternatives formulation and prioritization, regulatory guidance, and recommendations for - implementation. ' SCOPE OF SERVICES . Task Order No. 3 includes immediate work to evaluate and prepare design criteria packages for early -out areas. It includes increased level of detail in survey and models at a preliminary . design level of detail to support stormwater related requirements for CITY projects to be bid. Task 1.0 Early -Out Projects Coordination and Planning CONSULTANT will use the results from the modeling efforts developed in the Stormwater Master Plan.Service Order •No.1 to.develop a list of recommendations for early iinplementationi while the rest of the master plan is being completed. The following priority areas will be evaluated for early -out project preliminary design packages: CONSULTANT will meet with the CITY to review the list of areas that will be included as part of the early -out activities. The following scheduled is included as part of this project: ■ October 2010 - Flamingo /Lummus Area: Projects 1 -4 ■ October 2010 - Alton Road (with emphasis in current Florida Department of Transportation (.FDOT) ongoing design) (4 projects) December 2010 - West (3 projects) ■ December 2010 - Orchard Park (2 projects) ■ May 2011 - Flamingo /Lummus Area: Projects 5 -8 l KM3056_SWMP_Scps.docx . 12/21/10 ■ May 2011 North Middle Bay Road (2 projects) Task 2.0 ICPR Model Review and Data Extraction Some of the early out areas have been previously evaluated for design.purposes by others. The evaluations include the development of Interconnected Pond Routing (ICPR)'- stormwater models with increased level of detail in problem areas. CONSULTANT will review and use the existing ICPR models to extract available design information that can be used in the master plan US EPA SWMM. "Deliverable: Draft report section summarizing the existing models and data extracted. Task 3.0 SWMM Refinements SWMM is the selected model for the master plan, which is capable of performing continuous or event simulations of surface runoff, and subsequent hydraulic conveyance in open channel and pipe systems. The hydrologic features . of SWMM apply precipitation across Hydrologic Units (HUs) and . through overland flow and'infiltration, conveying surface runoff 'to loading points on the user- defined stormwater management system. Runoff hydrographs for these loading points provide input for hydraulic routing in downstream reaches. The. hydraulic flow routing routine of SWMM 5 uses a link -node- representation of the stormwater management system to dynamically route flows by continuously solving the complete one- dimensional Saint - Venant flow equations. The dynamic flow routing allows for representation of channel storage, branched or looped networks, backwater effects, free surface flow, pressure flow, entrance and exit losses, weirs, orifices, .pumping facilities, rating curves, and other special structures/ links. Control rules, maybe used to operate the structures based on timing and/or stage. and flow conditions within the model. CONSULTANT will extend. and refine the CITY:s primary stormwater: management system (PSMS) for the early -out priority areas and develop a GIS layer of the model schematic representing the hydrologic units, and PSMS components. CONSULTANT will increase the level of detail in the SWMMs for the five early -out _priority areas and their tributary areas. Deliverable: SWMM 5.0 Model Input Files of the CITY's priority_early -out area PSMSs. Task 3.1 Hydrologic Analyses CONSULTANT will extend and refine the SWMM hydrologic model to a preliminary design level of detail for the early -out areas using available digital topography from the CITY, and additional survey obtained as part of the design projects to increase the level of detail of the stormwater models. The CITY's Geographic Information System .(GIS) will. be used wherever possible. This will include up to 50 hydrologic units (HUs). CONSULTANT will use the current CITY GIS. shapefiles for. soils data estimates, including percentages of SCS Soil Groups A, B, C, and D by hydrologic unit. Based on, this information, cm 2 KM3056_SWMP_Scps.docx 12/21/10 CONSULTANT will estimate soil infiltration rates (maximum and minimum) total soil storage values, and other hydrologic parameters for SWMM. CONSULTANT will catalog the present land use data into 10 classifications based on hydrologic similarity. CONSULTANT will estimate the percentage of directly connected impervious area (DCIA) by hydrologic unit based on representative sample areas. .CONSULTANT will generate overland flow data for each. Hydrologic unit (overland flow length, slope, Manning's "n" roughness, ,and initial abstractions) for each HU. CONSULTANT will develop stage- area - storage characteristics for significant storage and depressional areas, as determined by CONSULTANT, for the purposes of developing routing curves - based on available topographic data. Deliverables: ■ GIS layers of hydrologic unit delineations, soil classification, and land use breakdown. Tables of Storage Area relationships, and Manning "s n values ■ Design sketch depicting tributary areas to design projects required for permitting ■ Draft report section on the hydrologic module refinements. Task 3.2 Field Survey CONSULTANT will use available aerial photogrammetry and field survey data provided by the CITY to develop open channel hydraulic data for channel cross - sections, lengths, roughnesses, and slopes. CONSULTANT will evaluate the available neighborhood surveys, to extract as much information as possible. CONSULTANT will survey up to 40 locations including pipe -invert, and-rim elevations. CONSULTANT will gather available survey information as provided by the CITY to develop the hydraulic characteristics of up to 50 PSMS control structures, bridges, and culverts including heights; widths, geometries, lengths, inverts, local loss characteristics, conditions, roughnesses and materials, as well as overflow elevations and materials. If additional conduit and/ or control structure'survey data are required to model the ' PSMS; CONSULTANT will draft a survey -data request to identify the data to be provided either by the CITY or by CONSULTANT as Additional'Services. Deliverables: ■ .Summary of field survey collected ■ Field survey notes Task 3.3 Hydraulic Model Refinement and Validation CONSULTANT will set up the stormwater models for the PSMS in the Study Area (Figure 1). CONSULTANT will incorporate as much as possible available information from the existing ICPR models. The model refinement will add up to 100 conduits and up to 150 junctions to the cm 3 KM3056_SWMP_Scps.docx 12/21/10 N , F 4 _ W_ g IF i t North Bay, Causew ay LU QF b CIO , <i - •i ` tbC3 E # LL r= Julia Tuttle Causeway Q U LL. O fi o gr� h i1 > UP C O 3 Se y .m Source: Comprehensive Stormwater Miles 'Management Program Master Plan, 1997 0 0.5 1 2 1 :50,000 Le Figure 1 O Basin Boundary Streets PDATE Atp* .Mayor Roads m : City Limits City -Wide Stormwater Master Plan 02 -17 -2010 a ICPR Model Project Area - 4 regional models developed as part of the master plan. The models shall be validated for one system as determined by the CONSULTANT and the CITY. to simulate one actual storm event. Which occurred .in the project area if data are available as determined by CONSULTANT. CONSULTANT will use available stage data from up to,five locations within the project area for calibration/ validation. CONSULTANT will identify stage/ discharge, and high water mark data as provided by the CITY to validate the models. CONSULTANT will develop a comparative table of simulated and measured- estimated flood stages. . Deliverable: Report section describing the field data available as well as the model refinements that were included in this task. Task 3.4 Design Storm Simulations CONSULTANT will apply the US EPA SWMM to simulate six design storms (2.5 inch, 2 -year, and 5- year, 24- hour; and the 10 -, 25 -, and 100 -year, 72 -hour) existing land use and existing hydraulic conditions. Hydraulic boundary conditions will be based upon the 1 -year tidal stillwater elevations (current and.future as affected by sea level rise). Results from design and calibration storms shall be validated by checking. known flooding complaints, eyewitness accounts, and/ or gage results, keying on serious problems to support model validity where possible. CONSULTANT will produce flood summary � tables, listing the peak flood stages by design storm and land use condition along with a comparison to available indicator elevations (available data from the CITY on house and road elevations) to determine LOS. Deliverables: CITY wide Peak'Flood. Stage Summary Table for each design storm. Task 3.5 Summary Report - CONSULTANT will draft a summary :report section on the model refinement including the flood summary tables, problem area list and LOS summary, and GIS figures. Deliverable: Draft Water Quantity Results report section. Task 4.0 Preliminary Design• Alternatives Evaluation of Selected Projects For the early -out projects, CONSULTANT will evaluate two improvement alternatives at up to . 20 locations to address flooding in the areas identified in the previous tasks. CONSULTANT will simulate the. six design storms estimate the flood stage and peak discharge reduction along with the resultant LOS associated with the project implementation. CONSULTANT will summarize.the results in tabular format and update the GIS layers as appropriate. In the formulation of these projects, CONSULTANT will take into account other public and private projects such as CITY utility. CIPs, private developments, and`FD.OT projects (e.g., project. planned for Alton Road 'improvements) with the goal of coordinating CITY improvements with .those by the MOT and private redevelopment in order to promote synergies and cost savings. CONSULTANT will also evaluate potential institutional arrangements with FDOT that would benefit all parties. Planned areas of private redevelopment will be evaluated in conjunction with the CITY to identify desired right -of -way improvements. that could include- stormwater management components. The stormwater management requirements identified through the master CM 5 KM3056_SWMP_Scps.docx 12/2.1/10 planning process will be available to the CITY for incorporation in agreements to be negotiated with private developers. Based on CITY comments, CONSULTANT will prepare the list of projects that should,be included in the final recommendation, and will summarize the flood stage and peak discharge reduction benefits in tabular forma CONSULTANT will promote projects that include a sustainability component, such a stormwater reuse for irrigation, green roof technologies, and Low Impact Development techniques, where possible. Deliverable: Report section describing the benefits associated with each one of the potential projects, and. the reasons behind the selection of individual projects.. Task 5.0 Capital Cost Estimates CONSULTANT will develop .preliminary probable capital cost estimates for the final project. recommendations based on recent bidding costs provided by the CITY, combined with the extensive CONSULTANT cost database from projects in Florida. CONSULTANT will also develop cost estimates for the average yearly, operation and maintenance of each project. Deliverable: Preliminary probable cost estimate for each one of the Early -Out projects. Task 6.0 Preliminary Design Information for Priority Areas CONSULTANT will draft a report section and appendix that lists the projects, design criteria, plan figures 8.5" X 11" or 11 " " X 17 and summar tables to define the components, project com p g ( )� Y p l p including information such as appropriate for each" case: Location, tributary area, and impervious area; ■ Treatment volume and design storm runoff volumes; ■ Pipe, weir, and /or channel sizes and storage volumes; ■ Pipe invert and weir (diversion structure) elevations; ■ Pump parameters (Bead, flow); Well diameters, depths, casing depths, and flow rates; ■ Base flow discharge; ®. Surface overflow invert elevations; ® Flap valve (tide valve or gate) sizes, ranges of operation, and head losses; and n Probable cost estimates tables with estimated quantities and unit costs as applicable. This task will include up .to .20 projects with up to three individual plan / section / detail view . .figures of the preliminary design features in GIS (for a total of 60 plan/ section/ detail figures), The deliverable will also include the location of proposed improvements, and the information. CM. . 6 KM3056 SWMP_Scps.docx 12/21/10 } outlined above for each one of the project locations. The CITY will be able to use engineering information included in the deliverable to complement the procurement sections; bidding forms, and standard , chapters to complete the entire bid package. Additional design information (such as additional survey, engineering plans and specifications, geotechnical explorations, utility locates, parcel boundaries, legal descriptions, maintenance of traffic, landscaping,. etc. ),,permitting and design specifications will be reserved for the design phase, and is not included in this task. Deliverable: Up to 20 individual project preliminary design packages including the elements described in this task with up to 60 plan %section /detail figures. Task 7.0 Ammonia and Arsenic Background Concentrations CONSULTANT will gather data provided by the CITY, SFWMD, and DERM for the Miami Beach area to evaluate the. current ammonia and arsenic background concentrations for groundwater from construction dewatering. The objective is to determine a range of variability of the natural background concentrations in order to assist the CITY in ongoing dewatering permit applications through DERM. Deliverable: Draft report section summarizing water quality data ammonia and arsenic background concentrations for groundwater from construction dewatering: Task 8.0 Project Management and Quality Management Task 8.1 Project Meetings CONSULTANT will attend and support up to 12 meetings and presentations during the project. CONSULTANT will prepare presentation slides "and summary notes for-meetings as necessary. Task 8.2 Quality Control Technical Review CONSULTANT maintains a program of Quality Control (QC) on all of its projects. Meetings will be scheduled over the project duration during which the project team will be required to review submittals and discuss project issues.,' Task 8.3 Preparation of Status Reports CONSULTANT's project manager will prepare monthly written progress reports summarizing activities completed, work remaining and identifying any problems which have occurred, or anticipated needs. TIME OF COMPLETION CONSULTANT will complete this Service Order No. 3 Scope of Services within 6 months from the .date of the Notice to Proceed. COMPENSATION AND PAYMENT The total compensation to CONSULTANT for all services, materials, supplies, and any other items or requirements necessary to complete the work as described in Service Order No: 3 cm 7 KM3056_SWMP_Scps.docx 12/21/10 . f herein shall be in the Not -to- Exceed sum of $401,996. CONSULTANT will- invoice the CITY monthly based on percentage of completion by task. CONSULTANT will submit monthly invoices to the City.. Each invoice shall include a monthly written status report. Invoicing for the Lump 'Sum will be based on the percentage of completion of the task. Invoicing for the Upper Limit services shall be billed on. a time and materials basis at CONSULTANT's prevailing rates plus sub- consultant professional services fee. An allowance not to exceed $28,040 is established for Additional Services that the CITY may authorize during the performance of Service Order No. 3.. The allowance amount shall not be invoiced without prior written approval of the. CITY. Thus the total value of this Service Order No. 3 is as follows: Basic Services, Lump Sum $374,016, Allowance, Not -to- Exceed (N.T.E.) $2 8;050 Total Service'Order No. 3, (N.T.E.) . $ 402,066 CM. 8 KM3056 _ SWMP_Scps.docx 12/21/10 SCHEDULE B PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH & CAMP DRESSER & MCKEE INC. (CDM) PREPARATION OF A NEW CITYWIDE COMPREHENSIVE STORMWATER MANAGEMENT' MASTER PLAN IN THE CITY OF MIAMI BEACH TO SUPERCEDE THE EXISTING COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM MASTER PLAN (PURSUANT. TO RFQ NO. 03- 09/10)- CONSULTANT COMPENSATION The City shall pay to the .Consultant for performing the Services contemplated. in this Agreement (as set.forth in Schedule A and Service Order Nos..1 2, and 3 thereto), the not to exceed sum(s) as set forth, respectively, in the proceeding Tables 1,. and 3 (attached). Allowances defined within the Service Orders Will be billed on a Not -To- Exceed Basis., NOT -TO- EXCEED (NTE) A not -to- exceed compensation based fee is a fixed dollar amount (more commonly referred to as an Upper . Limit), inclusive of all charges set forth in each approved Service Order. The compensation shall be based on the Hourly Billing Rate for the employee category of the individual performing the work; for the total hours of work performed by employee category directly chargeable to the project. The Consultant's schedule of Hourly Billing Rates is attached as Schedule C. LUMP SUM(LS) A lump sum based fee: i's negotiated fixed dollar total amount for those Services where the scope and complexity of the assignment are clearly and fully defined. 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PLAN ,IN THE CITY OF MIAMI BEACH TO SUPERCEDE THE EXISTING COMPREHENSIVE STORMWATER MANAGEMENT PROGRAM MASTER PLAN (PURSUANT TO RFQ NO.. 03- 09/10) CONSULTANT'S HOURLY BILLING RATE SCHEDULE Position. Hourly Rate Officer $150.00 Principal Associate $120.00 Senior Professional $120.00 Professional II $101.00 Senior Support Service $101.00 Project Support Services . $ 68.00 33 CITY APPROVED A & E FORM (AUGUST 2010)