HomeMy WebLinkAboutCamp Dresser & McKee Agmt
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
CAMP DRESSER & McKEE INC.
FOR
PROFESSIONAL ENGINEERING SERVICES
FOR
CITYWIDE SANITARY SEWER SYSTEM IMPROVEMENT PROJECTS
35-00/01
DECEMBER 2002
TABLE OF CONTENTS
DESCRIPTION
ARTICLE 1 DEFINITIONS
1.1 City
1.2 City Commission
1.3 City Manager
1.4 Proposal Documents
1.5 Consultant
1.6 City's Project Coordinator
1.7 Program Manager
1.8 Basic Services
1.9 The Project
1.10 Construction Cost
1.10.1 Construction Cost Budget
1.10.2 Statement of Probable Construction Cost
1.11 Force Majeure
1.12 Contractor/Contractors
1.13 Contract Documents
1.14 Contract for Construction
1.15 Construction Documents
1.16 Contract Amendment
1.17 Additional Services
1.18 Work
1.19 Services
1.20 Base Bid
1.21 Schedules
1.22 Scope of Services
PAGE
2
2
2
2
2
2
3
3
3
3
4
5
5
5
5
5
6
6
6
6
6
6
7
7
7
ARTICLE 2.
2.5
2.6
2.7
2.8
2.9
2.10
2.11
BASIC SERVICES
Rehabilitation Planning and Program Management Services
Design Services
Bidding and Award Services
Construction Phase Services
Report Services
Responsibility for Claims and Liabilities
Time
7
8
9
9
9
9
9
9
ARTICLE 3. THE CITY'S RESPONSIBILITIES
14
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
18
ARTICLE 5. ADDITIONAL SERVICES
19
ARTICLE 6. REIMBURSABLE EXPENSES
21
ii
ARTICLE 7. COMPENSATION FOR SERVICES
22
ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS
24
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
24
ARTICLE 10. TERMINATION OF AGREEMENT
10.1 Termination For Lack of Funds
10.2 Termination for Cause
10.3 Termination for Convenience
10.4 Termination by Consultant
10.5 Implementation of Termination
10.6 Non-Solicitation
25
25
25
26
27
27
27
ARTICLE 11. INSURANCE
28
ARTICLE 12. INDEMNIFICATION
29
ARTICLE 13. VENUE
29
ARTICLE 14. LIMITATION OF LIABILITY
30
ARTICLE 15. MISCELLANEOUS PROVISIONS
30
ARTICLE 16. NOTICE
33
SCHEDULES
SCHEDULE "A" - SCOPE OF SERVICES PER RFQ No. 35-00/01
SCHEDULE "B" - CONSULTANT COMPENSATION
SCHEDULE "C" - HOURLY BILLING RATE SCHEDULE
SCHEDULE "D" -PROJECT SAMPLE SERVICE ORDER
35
37
38
39
iii
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
CAMP DRESSER & McKEE INC.
FOR
PROFESSIONAL ENGINEERING SERVICES
FOR
CITYWIDE SANITARY SEWER SYSTEM IMPROVEMENT PROJECTS
This Agreement made and entered into this 11ft- day of ~), 2002, by and between
the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of
Florida (hereinafter referred to as City), having its principal offices at 1700 Convention Center
Drive, Miami Beach, Florida, 33139, and CAMP DRESSER & McKEE INC., a
Massachusetts corporation with principal Miami-Dade County offices at 800 Brickell
Avenue, Suite 710, Miami Florida, 33131 (hereinafter referred to as Consultant).
WITNE S SETH:
WHEREAS, the City intends to conduct the CITYWIDE SANITARY SEWER
SYSTEM IMPROVEMENT PROJECTS (hereinafter referred to as the "Project", and wishes to
engage the Consultant to provide engineering services for the Project at the agreed fees as set
forth in this Agreement; and
WHEREAS, the City issued RFQ No. 35-00/01 for CITYWIDE SANITARY SEWER
SYSTEM IMPROVEMENTS PROJECTS on May 3, 2002 and. Selected Consultant in
accordance with Florida's Consultant's Competitive Negotiation Act (CCNA) per (FS 287.055).
WHEREAS, the Consultant desires to contract with the City for performance of
engineering and related professional services relative to the Project, as hereinafter set forth,
including: planning, design, bidding, construction administration and field representative
1
services, all as hereinafter stipulated.
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreements herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
1.1 CITY The "City" shall mean the City of Miami Beach, a Florida municipal
corporation having its principal offices at 1700 Convention Center Drive, Miami Beach,
Florida, 33139.
1.2 CITY COMMISSION "City Commission" shall mean the governmg 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
designees, including a Project Coordinator, and shall serve as the City's representative to
whom administrative requests for approvals shall be made and who shall issue
authorizations (exclusive of those authorizations reserved to the City Commission) to the
Consultant.
1.4 PROPOSAL DOCUMENTS "Proposal Documents" shall mean the REQUEST
FOR QUALIFICATIONS FOR PROFESSIONAL ENGINEERING SERVICES FOR
CITYWIDE SANITARY SEWER SYSTEM IMPROVEMENT PROJECTS (RFQ NO.
35-00/01) issued by the City in contemplation of this Agreement, together with all
amendments thereto, if any, and the Consultant's proposal in response thereto SProposal),
which is incorporated by reference in this Agreement and made a part hereof; provided,
however, that in the event of an express conflict between the Proposal Documents and
this Agreement, this Agreement shall prevail.
1.5
CONSULTANT
The "Consultant" is herein defined as CAMP DRESSER
2
& McKEE INC., a Massachusetts corporation having its principal Miami-Dade County
offices at 800 Brickell Avenue, Suite 710, Miami, Florida 33131. When the term
"Consultant" is used in this Agreement it shall be deemed to include any sub-consultants
and any other person or entity acting under the direction or control of Consultant. Any
subconsultants retained by Consultant pursuant to this Agreement and the Project shall be
subject to prior written approval of the City. The following subconsultants were included
in the Consultant's Proposal and are hereby approved for the Project:
None
1.6 CITY'S PROJECT COORDINATOR The "City's Project Coordinator"
shall mean the individual appointed by the City Manager who shall be the City's
authorized representative to coordinate, direct, and review on behalf of the City, all
matters related to the Project, except as otherwise provided herein.
1.7 PROGRAM MANAGER Not used.
1.8 BASIC SERVICES "Basic Services" shall include the professional engineering
services, as required, for the planning, design, bidding/award, and construction
administration for the Project, as described in Article 2 herein and in Schedule "A"
entitled "Scope of Services", attached hereto.
1.9 PROJECT "The Project" is herein defined to mean the design and rehabilitation of
sanitary sewers in the City, to include the following professional engineering services:
engineering analysis, investigation, program facilitation/planning, design, preparation of
construction documents, permitting, preparation of analysis of estimated cost, bidding/contract
award assistance, construction inspection, project management, project coordination and
construction observation/contract administration, project scheduling and timeline preparation.
The project will consist of Two Phases, including the following:
Phase I - Infiltration and Inflow Reduction Improvements (Construction Observation/ Contract
Administration).
Phase II - Continuation of the City's sanitary sewer rehabilitation program, as described in the
City's Capital Improvements Program, including but not limited to the following:
3
· Infiltration and Inflow Rcduction Improvcmcnts
· Upsizing Under-Capacity Wastewater System Pipes
· Rehabilitation of Sub-Aqueous Forcemains
· Structural Analysis of Existing Forcemain System
· Upgradc of Existing Forcemain System
· Investigation and Alternatives Analysis towards the development of a wastewater collection
system Contingency Plan
TIle following tasks are associated with the Project and are to be performcd by the Consultant:
Task 1 - Rehabilitation Program Management
Task 2 - Office Engineering Services
Task 3 - Resident Project Representation
Task 4 - Final Documents Reports
Task 5 - Additional Design and Inspection Services
The Project and associated tasks are further described ill Schcdule "A" attached hereto.
1.10 CONSTRUCTION COST The "Construction Cost" for the Project shall mean
the sum which is the total cost or estimated cost to the City of all elements of the Project
designed or specified by the Consultant and approved by the City, including, at current
market rates (with a reasonable allowance for overhead and profit), the cost of labor and
materials and any equipment which has been designed, specified, selected or specifically
provided for by the Consultant and approved by the City, and 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 construction cost for rehabilitation
of existing infrastructure, and not including the compensation of the Consultant and any
subconsultants, the cost of land, rights-of-way, surveys, testing, or other reimbursable
expenses. 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 responsible bidder
or proposer for any and all of such Work.
4
1.10.1 CONSTRUCTION COST BUDGET The "Construction Cost
Budget" shall mean an amount budgeted by the City for Construction Cost.
1.10.2 STATEMENT OF PROBABLE CONSTRUCTION COST The
"Statement of Probable Construction Cost" shall mean a forecast of Construction
Cost prepared by the Consultant,for the guidance of the City. For Work which
bids or proposals have not been let, the Construction Cost shall be the same as the
latest Statement of Probable Construction Cost. The City shall have the right to
verify the Statement of Probable Construction Cost or detailed cost estimate by
the Consultant.
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 and having a substantial impact on
the Project; other causes beyond the parties' control; or by any other such causes which
the Consultant and the City decide in writing justify the delay; provided, however, that
market conditions, labor conditions, construction industry price trends and similar matters
which normally impact on the bidding process shall not be considered a Force Majeure.
1.12 CONTRACTOR / CONTRACTORS "Contractor" or "Contractors" shall mean
those persons or entities responsible for performing the Work or providing the materials,
supplies and equipment identified in the bid and Construction Documents for the Project.
1.13 CONTRACT DOCUMENTS
"Contract Documents" shall mean this
Agreement; the Agreement between City and Contractor; Conditions of the Contract
(General Supplementary and other Conditions); Construction Documents; and addenda
issued prior to execution of the Contract for Construction. A Modification is one of the
following: (1) written amendment to the Contract for Construction signed by both parties;
(2) an approved Change Order; (3) a Construction Change Directive; or (4) a written
order for a minor change in the Work issued by the Consultant.
5
1.14 CONTRACT FOR CONSTRUCTION "Contract for Construction" shall mean
a legally binding agreement with Contractors.
1.15 CONSTRUCTION DOCUMENTS "Construction Documents" shall mean the
final plans, specifications, drawings, documents and diagrams submitted by the
Consultant pursuant to Article 9 and approved by the City.
1.16 CONTRACT AMENDMENT "Contract Amendment" shall mean the written
order to the Contractor approved by the City, as specified in this Agreement, and signed
by the City's duly authorized representative, authorizing a change in the Project or the
method and manner of performance thereof, or an adjustment in the fees and/or
completion dates, as applicable. 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 in amount (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 shall retain the right to seek and obtain concurrence of
the City Commission for the approval of any such Contract Amendment.
1.17 ADDITIONAL SERVICES "Additional Services" shall mean those services
described in Article 5 herein, which have been duly authorized in writing by the City
Manager prior to commencement of same.
1.18 WORK "Work" shall mean the work to be performed on the Project by the
Contractor, pursuant to the applicable Construction Documents, whether completed or
partially completed, and includes labor and materials, equipment, and services provided,
or to be provided, by the Contractor to fulfill its obligations.
1.19 SERVICES "Services" shall mean the services to be performed on the Project by
the Consultant pursuant to this Agreement, whether completed or partially completed,
6
and includes other labor and materials, equipment and services provided. or to be
provided, by Consultant to fulfill its obligations herein.
1.20 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 pursuant to the Statement of Probable Construction Cost
provided by Consultant. "Base Bid" shall not include "Additive Alternates" or
"Deductive Alternates".
1.21 SCHEDULES "Schedules" shall mean the various schedules attached to this
Agreement and referred to as follows;
Schedule A - Scope of Services (per RFQ No. 35-00/01).
Schedule B - Consultant Compensation: The schedule of compensation to the Consultant
for Basic Services, and for Reimbursable Expenses, as defined, plus any Additional
Services, as submitted by the Consultant and approved by the City.
Schedule C - Hourly Billing Rate Schedule: The schedule of Hourly Compensation Rates
to the Consultant as submitted by the Consultant and approved by the City.
Schedule D - Project Sample Service Order setting forth the Consultant's Service,
compensation, and schedule for each specific assignment.
1.22 SCOPE OF SERVICES "Scope of Services" shall mean the Project Scope as
described in Schedule "A", together with the Basic Services and any Additional Services
approved by the City, as described in Article 2 and 5, respectively herein.
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services for the Project as set forth hereafter.
7
The Services for this Project will be performed by the Consultant upon receipt of a
written Notice to Proceed issued by the City Manager, or his designee. Consultant shall
countersign the Notice to Proceed.
2.2 The Consultant's Basic Services shall be as described in attached Schedule A
"Scope of Services".
2.3 The Consultant shall coordinate with subconsultants and other consultants, and
conform to all applicable building codes and regulations. Consultant, as it relates to its
Services, represents and acknowledges to the City that it is knowledgeable of codes, rules
and regulations applicable in the jurisdictions in which the Project is located, including
without limitation, local ordinances and codes (City of Miami Beach and Miami-Dade
County), Florida Statutes, Administrative rules and regulations (including without
limitation grant and regulations of the Florida Department of Transportation (FDOT), and
Federal laws, rules and regulations. TheConsuItant agrees to comply with all such laws,
codes, rules, and regulations now in effect, and as may be amended or adopted at any
time during the term of this Agreement, and shall further take into account all known
pending changes to the foregoing, of which it should reasonably be aware. The
Consultant shall insert the provisions of all required codes into the Contract Documents.
2.4 The Consultant expressly agrees that all of its duties, services and responsibilities
under this Agreement shall be performed in accordance with the standard of care
normally exercised in the design of projects of this nature in South Florida. In addition,
Consultant represents that it is experienced and fully qualified to perform the Services
contemplated by this Agreement, and that it is properly licensed pursuant to the
applicable laws, rules and regulations to perform such Services. Consultant warrantsthat
it shall be responsible forthe technical accuracy of it Contract Documents
2.5 REHABILITATION PLANNING AND PROGRAM MANAGEMENT
SERVICES:
Consultant shall perform Rehabilitation Planning and Program Management Services as
8
noted in attached Schedule "A" entitled "Scope of Services".
2.6 DESIGN SERVICES:
Consultant shall perform Additional Design and Inspection Services and prepare Design
Documents, as noted in attached Schedule "A" entitled "Scope of Services".
2.7 BIDDING AND AWARD SERVICES
Consultant shall provide bidding and award services entitled "Scope of Services".
2.8 CONSTRUCTION PHASE SERVICES:
Consultant shall furnish construction phase services consisting of Office Engineering
Services and Resident Project Representation as noted in attached Schedule "A" entitled
"Scope of Services",
2.9 REPORT SERVICES
Consultant shall provide Final Document Reports Services as noted in attached Schedule
"A" entitled "Scope of Services",
2.10 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Approval by the City
shall not constitute nor be deemed a release of the responsibility and liability of the
Consultant, its employees, subcontractors, agents and sub consultants for the accuracy and
competency of their designs, working drawings, specifications or other documents and
services; nor shall such approval be deemed to be an assumption of such responsibility by
the City for a defect, error or omission in designs, working drawings, specifications or
other documents prepared by the Consultant, its employees, subcontractors, agents and
consultants. However, the Consultant shall be entitled to reasonably rely upon the
accuracy and validity of written decisions and approvals rendered by the City and its
employees.
2.11 TIME It is understood that time is of the essence in the completion of this
Project, and in this respect the parties agree as follows:
9
2.12 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 Work.
2.13 The parties agree that the Consultant's Services during all phases of this Project
will be performed in a manner that shall conform with the approved Project Schedule,
which is included in each Service Order as part of Schedule "D". The Consultant may
submit requests for an adjustment to the Project Schedule, made necessary by undue time
taken by the City to approve the Consultant's submissions, and/or excessive time taken by
the City to approve the Services or parts of the Services. The City shall not unreasonably
refuse to approve such adjustment(s) to the Project Schedule if the request is made in a
timely manner and is fully justified.
2.14 In providing the Services described in this Agreement, the Consultant shall use its
best efforts to maintain, on behalf of the City, a constructive, professional, cooperative
working relationship with the City's Project Coordinator, Contractor(s), and others that
have been contracted to perform Services and 1 or Work pertaining to the City's Capital
Improvements Program. While the Services to be provided by Consultant under this
Agreement will be provided under the general direction of the City's Project Coordinator,
it is the intent of this Agreement to allow the Consultant to coordinate the performance of
all design and construction work to the extent such coordination by the Consultant is
permitted by the contracts for the design and construction work
2.15 It is further the intent of this Agreement that the Consultant shall perform its
duties under this Agreement in a competent, timely and professional manner and that it
shall be responsible to the City for any failure in its performance except to the extent that
acts or omissions by the City or others make such performance impossible.
2.16 Whenever during the term of this Agreement, others are required to verify,
review, or consider any work performed by Consultant, including but not limited to the
10
design professionals, Contractors, and 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 public projects; or which are
inconsistent with applicable laws, codes, ordinances, and regulations; or which are
inconsistent with standards or decisions provided in writing by the City's Project
Coordinator. Consultant will use reasonable care and skill in accordance with and
consistent with customary professional standards in responding to items identified as
discrepancies, errors and omissions by others. Consultant shall receive comments from
reviewers 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 construed to
mean as soon as possible under the circumstances, taking into account the requirements
of the Project Schedule.
2.17 The City shall have the right at any time, and in its sole and absolute discretion, to
submit for review to consulting engineers or consulting architects or other consultants,
engaged by the City at its own expense for that purpose, any or all parts of the work
performed by the Consultant, and the Consultant shall cooperate fully in such review at
the City's request.
2.18 Consultant agrees to certify and warrant all Statements of Probable Construction
Cost prepared by Consultant.
2,19 Consultant represents to City that all evaluations of the City's Project budget,
Consultant generated Statement of Probable Construction Cost, and detailed estimates
represent Consultant's best judgement 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 by Consultant.
2.20 Consultant agrees that, when the Services to be provided hereunder relate to a
11
professional service which, under Florida Statutes, requires a license, certification of
authorization, or other form of legal entitlement to practice such services, it shall employ
and/or retain only qualified personnel to provide such services,
2.21 Consultant agrees to employ and designate in writing, within five (5) calendar
days after receiving its initial Notice to Proceed, a qualified licensed professional to serve
as the Consultant's project manager (herein after referred to as "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 Services to be
provided and performed under this Agreement. The person selected by Consultant to
serve as Project Manager shall be subject to approval and acceptance by City.
Replacement (including reassignment) of said Project Manager shall not be made without
the prior written approval of the City. Consultant further agrees to obtain a binding
agreement with its Project Manager providing a minimum of six (6) months notice before
assuming a different position, said notice waivable by the City at its discretion.
2,22 Consultant agrees, within fourteen (14) calendar days of receipt of written notice
to do such from City, to promptly remove and replace Project Manager, or any other
personnel employed or retained by Consultant, or any subconsultant or subcontractors
engaged by Consultant, which request may be made by City with or without stating its
cause.
2,23 Consultant herein represents to City that it has expertise in the type of
professional services that will be performed and pursuant to this Agreement. Consultant
agrees that all Services to be provided by Consultant pursuant to this Agreement shall be
subject to City's review and approval and shall be in accordance with the generally
accepted standards of professional practice in the State of Florida, as well as in
accordance with all published laws, statutes, ordinances, codes, rules, regulations and
requirements of any governmental agencies having jurisdiction over the Project or the
Services to be performed by Consultant hereunder. In the event of any conflicts in these
requirements, Consultant shall notify City of such conflict and utilize its best professional
12
judgement to advise City regarding resolution of each such conflict.
2.24 Consultant agrees not to divulge, furnish or make available to any third person,
firm or organization, with City's prior written consent, or unless incident to the proper
performance of Consultant's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-
public information concerning Services to be rendered by Consultant hereunder, and
Consultant shall require its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph,
2,25 The City and Consultant acknowledge that the Scope of Services does not
delineate every detail and minor work task required to be performed by Consultant to
complete the Project. If, during the course of the performance of the Services
contemplated in this Agreement, Consultant determines that work should be performed to
complete the Project which is, in the Consultant's opinion, outside the level of effort
originally anticipated, whether or not the Scope of Services identifies the work items,
Consultant shall notify the City's Project Coordinator, in writing, in a timely manner, and
obtain said Project Coordinator's written consent, before proceeding with the work. The
City's Project Coordinator must comply with Contract Amendment processing
requirements as outlined in Article 1.16, prior to issuance of any written authorization to
proceed with additional Services to Consultant. If Consultant proceeds with additional
Services without notifying and obtaining the consent of the City's Project Coordinator,
said work shall be deemed to be within the original level of effort, and deemed included
as a Basic Service herein, whether or not specifically addressed in the Scope of Services.
Notice to the City's Project Coordinator does not constitute authorization or approval by
the City to perform the work. Performance of work by Consultant outside the originally
anticipated level of effort without the prior written consent of the City shall be at
Consultant's sole risk,
2.26 Consultant shall establish and maintain files of documents, letters, reports, plans,
etc. pertinent to the Project. Consultant shall provide City with a copy of applicable
Project correspondence for City to file in its filing system. In addition, Consultant shall
13
provide electronic Project documents files to the City, at the completion of the Project.
2.27 It is further the intent of this Agreement that the Consultant shall perform its
duties under this Agreement in a competent, timely and professional manner and that it
shall be responsible to the City for any failure in its performance except to the extent that
acts or omissions by the City or others make such performance impossible.
2.28 In the event Consultant is unable to timely complete the Project because of delays
resulting from untimely review by City or other governmental authorities having
jurisdiction over the Project or such delays which are caused by factors outside the
control of Consultant, Consultant shall provide City with immediate written notice stating
the reason for such delay and a revised anticipated schedule of completion. City, upon
review of Consultant's submittal and such other documentation as the City may require,
may grant a reasonable extension of time for completion of the Project and may provide
reasonable compensation, if appropriate,
2,29 The Consultant covenants with the City to furnish its Services hereunder properly,
in accordance with the standards of its profession and in conformance with all
construction, building and health codes and other applicable Federal, State and local
rules, regulations and laws, of which it should reasonably be aware, throughout the term
of this Agreement, The City's participation in the design and construction of any Project
in no way relieves the Consultant of its professional duties and responsibilities under
applicable law and under the Contract Documents.
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City shall designate in writing a Project Coordinator to act as the City's
representative with respect to services to be rendered under this Agreement (herein after
referred to as Project Coordinator). The Project Coordinator shall have authority to
transmit instructions, receive information, interpret and define City policies and decisions
with respect to Consultant's Services on this Project. However, the Project Coordinator is
14
not authorized to issue any verbal or written orders or instructions to Consultant that
would have the effect, or be interpreted to have the effect, of modifying or changing in
any way whatsoever, unless approved by the City Manager and/or City Commission in
compliance with Article 1.16 requirements, including but not limited to the following;
a) The Scope of Services to be provided and performed by Consultant hereunder;
b) The time the Consultant is obligated to commence and complete all such
Services; or
c) The amount of compensation the City is obligated or committed to pay
Consultant.
3.2 The City shall assist Consultant by placing at Consultant's disposal all
information City has available pertinent to the Project, including previous reports and any
other data relative to design or construction of the Project. It shall be fully understood
that City, in making such reports, site. information, and documents available to the
Consultant is in no way certifying representing and/or warranting as to the accuracy or
completeness of such data, including any information provided in the City's Request for
Qualifications and backup documentation thereto. Any conclusions or assumptions
drawn through examination thereof shall be the sole responsibility of the Consultant and
subject to whatever measure it deems necessary to final verification essential to its
performance under this Agreement. Additional work required due to inaccurate,
incomplete or incorrect information supplied by the City may be undertaken by the
Consultant as an Additional Service to this Agreement. Consultant shall notify the City's
Project Coordinator, in writing, in a timely manner and obtain said Project Coordinator's
written consent, before proceeding with the work. If Consultant proceeds with the
additional services without notifying and obtaining the consent of the City's Project
Coordinator, said work shall be deemed to be within the original level of effort and
deemed included as a Basic Service herein.
15
3.3 The City reserves the right to establish a Construction Cost Budget for the
Project,in accordance with the Consultant's statement of Probable Construction Cost.
3.4 In the City's sole discretion, the City may furnish legal, accounting and insurance
counseling services as may be required at any time for the Project, including such
auditing services as the City may require to verify the Consultant's applications for
payment or to ascertain that Consultant has properly remitted payment due to
subconsultants or vendors working on this project for which Consultant has received
payment from the City,
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 shall give prompt
written notice thereofto the Consultant.
3.6 The City shall furnish required information and services and render approvals and
decisions in writing as expeditiously as necessary for the orderly progress of the
Consultant's Services and of the Work, No approvals required by the City during the
various phases of the Project shall be unreasonably delayed or withheld; provided that the
City shall at all times have the right to approve or reject any proposed submissions of
Consultant 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 The City Commission shall be the body to consider, comment upon, or
approve any amendments or modifications to this Agreement, except when noted
otherwise (i.e., where delegated to the City Manager or his designee) in this
Agreement.
3.7.2 The City Commission shall be the body to consider, comment upon, or
16
approve any assignment, sale, transfer or subletting of this Agreement or any
interest therein and any subcontracts made pursuant to this Agreement.
Assignment and transfer shall be defined to include sale of the majority of the
stock of a corporate Consultant.
3.7.3 All required City Commission approvals and authorizations shall be
expressed by passage of an appropriate enabling resolution and, if an amendment,
by the execution of an appropriate amendment to this Agreement.
3.7.4 The City Commission shall hear appeals from the administrative decision
of the City Manager's appointed designee(s), upon the Consultant's written
request, in which case the Commission's decision shall be final.
3,7.5 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 The City Manager or his designee(s) shall serve as the City's representative to
whom administrative requests for approvals shall be made and who shall issue
authorizations (exclusive of those authorizations reserved to the City Commission) to the
Consultant. These authorizations shall include, without limitation: reviewing, approving,
or otherwise commenting upon the schedules, plans, reports, estimates, contracts and
other documents submitted to the City by the Consultant.
3.8.1 The City Manager shall decide, in his professional discretion, matters
arising pursuant to this Agreement which are not otherwise expressly provided for
in this Agreement, and shall attempt to render administrative decisions promptly
to avoid unreasonable delay in the progress of the Consultant's services, The City
Manager, in his administrative discretion, may consult with the City Commission
concerning disputes or matters arising under this Agreement regardless of whether
17
such matters or disputes are enumerated herein,
3.8.2 The City Manager shall be authorized, but not required, at the request of
the Consultant, to reallocate monies already budgeted toward payment of the
Consultant, provided, however, that the Consultant's compensation or other
budgets established by this Agreement cannot be increased.
3,8.3 The City Manager, or his designee, shall be the sole representative of the
City authorized to issue a Notice to Proceed..
3.8.4 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) and which do not increase any of the budgets established herein.
3.8.5 The City Manager may, in his 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 his powers, duties and
responsibilities under this Agreement.
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The Construction Cost Budget, as established by the City shall not be exceeded
without fully justifiable, extraordinary and unforeseen circumstances, such as Force
Majeure, which is beyond the control of the parties. Any expenditure above this amount
shall be subject to prior City approval by passage of an enabling resolution and
amendments to the appropriate agreements relative to the Project, prior to any
modification of the Construction Cost. Provided further, however, that even in the event
of a Force Majeure, as defined in Article 1.11, the City shall have no obligation to exceed
the Construction Cost Budget limitations established herein, and, if such budget is
exceeded, the City may, at its sole option and discretion, terminate this Agreement
18
without any further liability to the City.
4.2 If the lowest bona fide base bid exceeds the Construction Cost Budget by more
than five percent (5%), the City Commission shall, at its sole discretion, have any of the
following options: (1) give written approval of an increase in the Construction Cost
Budget; (2) reject all bids or proposals, authorize rebidding, or (if permissible) authorize
a renegotiation of the Project within a reasonable time; (3) abandon the Project and
terminate the Consultant's Services for the Project covered by this Agreement. without
further liability to the City; (4) select as many Deductive Alternatives as may be
necessary to bring the award within the Construction Cost Budget; or (5) cooperate with
the Consultant in reducing the Project scope, construction schedule, and sequence of
Work, as may be required to reduce the Construction Cost Budget. In the event the City
elects to reduce the Project Scope, the Consultant shall provide such revisions to the
Construction Documents, and provide rebidding services, as many times as reasonably
requested by the City, as a Basic Service, at Consultant's additional cost to the City
without any profit, in order to bring the bids within five percent (5%) of the Construction
Cost Budget.
ARTICLE 5. ADDITIONAL SERVICES
5.1 Additional Services for this Project will only be performed by the Consultant
following receipt of a written authorization by the City Manager prior to
commencement of same. Such authorization shall contain a description of the
Services required, a description of Consultant Compensation for both labor and
other expenses; an hourly fee, as provided in Schedule "C" with an "Not to
Exceed" amount on additional Reimbursable Expenses (if any); the amended
Construction Cost Budget (if applicable); and an amended completion date for the
Project (if any). "Not to Exceed" shall mean the maximum cumulative hourly fees
allowable, which the Consultant shall not exceed without specific written
authorization from the City. The "Not to Exceed" amount is not a guaranteed
maximum cost for the services requested by the City and all costs applied to such
19
services maybe verifiable through time sheet and reimbursable expense reviews at
the City's request.
5,2 The term "Additional Services" includes services involving the Consultant or any
subconsultants whether previously retained for the Services or not, or whether
participating as members with Consultant or not, subject to the City's right to
previously approve any change in the Consultants as set forth in this Agreement.
5.3 Additional Services may consist of the following;
5.3.1 Serving as an expert witness in connection with any public hearing,
arbitration proceeding or legal proceeding unless such preparation has
arisen from the failure of the Consultant to meet the Standard of Care set
forth in Article 2,23,
5.3,2 Preparing documents for Change Orders, or supplemental Work, initiated
at the City's request and outside the scope of the Work specified in the
Construction Documents, after commencement of the Construction Phase.
5.3.3 Providing such other professional services to the City relative to the
Project which arise from subsequent circumstances and causes (excluding
circumstances and causes resulting from error, inadvertence or omission of
the Consultant) which do not currently exist or which are not
contemplated by the parties at the time of execution ofthis Agreement.
5.3.4 Assistance in connection with bid protests, rebidding or renegotiating
contracts for construction, materials, equipment or services, except as
otherwise expressly provided for herein,
5.3,5 Marking soil borings, boring test analysis and surveys,
20
5.3.6 Providing professional services made necessary by the default of any
contractor or sub-contractor in the performance of the Contract for
Construction,
5.3.7 Providing contract administration services durin~ construction phase,
should the substantial completion date be extended through no fault of
Consultant or if the Construction Contract time and working days for
submittal of approved Final Payment request by the Contractor be
extended by more than 30 days through no fault of the Consultant.
5.3,8 Providing such services to the City in connection with the development of
Revenue Bond issues, provided however that the Consultant will provide
information and documents as may be required for the issuance and sale of
bonds and as required further herein.
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are in addition to the compensation for Basic and
Additional Services and include actual expenditures made by the Consultant and the
Consultant's employees and consultants in the interest of the Project. All Reimbursable
Expenses pursuant to this Article, in excess of $500, must be authorized in advance by
the City's Project Coordinator. Invoices or vouchers for Reimbursable Expenses'shall be
submitted by the Consultant to the City, along with supporting receipts, and other back-
up material reasonably requested by the City, and Consultant shall certify as to each such
invoice that the amounts and items claimed as reimbursable are "true and correct and in
accordance with the Agreement".
6.2 Expenses subject to reimbursement in accordance with the above procedures may
include the following:
6,2.1 The cost of testing or investigation of underground utilities, if authorized
21
by the City's Project Coordinator.
6,2.2 Expense of reproduction, postage and handling of drawings, specifications
and other documents, excluding reproductions for the office use of the Consultant
and subconsultants, Courier and postage between the Consultant and its
subconsultants are not reimbursable.
6,2.3 Expenses for reproduction and the preparation of graphics for community
workshops.
6.2.4 Fees for all necessary permits shall be paid directly by City.
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 The Consultant shall be compensated either as a lump sum or a not to exceed,
cost reimbursable fee in accordance with Consultant Compensation listed in Schedule
"B" for Basic Services, Development of the Consultant's compensation shall be based on
the "Hourly Rate Schedule" presented in Schedule "C". Payments for Basic Services
shall be made within forty-five (45) calendar days of receipt and approval of an
acceptable invoice by the City's Project Coordinator. Note that payments shall be made
in proportion to the Services performed in each Phase so that the payments for Basic
Services for each Phase shall not exceed the progress percentage noted in the
Consultant's Progress Schedule, submitted with each invoice, No markup shall be
allowed on subcontracted Basic Services. Maximum compensation to the Consultant for
Services rendered under this Agreement shall not exceed $1,000,000,00, unless amended
by the City Commission.
7,2 Additional Services authorized in accord with Article 5 will be compensated
using the hourly rates set forth in Schedule "C", Request for payment of Additional
Services shall be included with the monthly Basic Services payment request noted in
Article 7.1 above. All Additional Services must be approved by the City's Project
Coordinator prior to commencement of same as noted in Article 5. Under no
22
circumstances shall the approved compensation be exceeded without pnor written
approval from the City's Project Coordinator. No markup shall be allowed on
subcontracted Additional Services.
7.3 Reimbursable Expenses, as defined in Article 6, shall be paid as noted in
Schedule "B", Request for payment of Reimbursables shall be included with the monthly
Basic Services payment request noted in Article 7. Proper backup must be submitted with
all reimbursable requests, No markup or administrative charges shall be allowed on
Reimbursable Expenses.
7.4 The City and the Consultant agree in accordance with the terms and conditions of
this Agreement that:
7.4.1 If the scope of the Project or the Consultant's Services is changed
substantially and materially, the amount of compensation may be equitably
adjusted by mutual agreement of the parties.
7.4.2 Commencing on July 1,2003, the Hourly Billing Rate Schedule shown in
Exhibit "C" may be adjusted annually based upon the Miami - Fort Lauderdale
Consumer Price Index issued by the U.S. Department of Labor, Bureau of Labor
Statistics, Such adjustment shall be calculated by multiplying the ratio of the
April index divided by the previous year's index by the Hourly Rate Schedule to
define the new Hourly Rate Schedule. The maximum annual increase will be
limited to three percent (3%).
7.5 No retainage shall be made from the Consultant's compensation on account of
sums withheld from payments to Contractors.
7.6 With respect to all Services, Consultant shall submit billings on a monthly basis in a
timely manner. These billings shall identify the nature of the work performed. For not-
to-exceed compensation, the total hours of work performed by employee category and the
respective hourly billing rate associated with the employee category from the Hourly
23
Rate Schedule. . Billings shall also itemize and summarize Reimbursables by category.
Where written approval of the City is required for Reimbursables, a copy of said approval
shall accompany the billing for such Reimbursable. When requested, Consultant shall
provide backup for past and current invoices that records hours for all Services by
employee category and reimbursable by category. In the event Consultant work is
accomplished utilizing the lump sum method, the percentage of completion shall be
identified
7.7 The City shall pay Consultant within forty-five (45) calendar days from receipt of
Consultants proper statement.
7.8 Final payment of the Consultant upon Project completion must be approved by
the City's Project Coordinator.
ARTICLE 8. CONSULTANT'S ACCOUNTING RECORDS
8.1 Consultant shall keep such records and accounts and reqUIre any and all
Consultant and subconsultants to keep such records and accounts as may be necessary in
order to record complete and correct entries as to personnel hours charged to the Project,
and any expenses for which Consultant expects to be reimbursed. All books and records
relative to the Project will be available at all reasonable times for examination and audit
by City and shall be kept for a period ofthree (3) years after the completion of all work to
be performed pursuant to this Agreement. Incomplete or incorrect entries in such books
and records will be grounds for City's disallowance of any fees or expenses based upon
such entries, All books and records which are considered public records shall, pursuant
to Chapter 119, Florida Statutes, be kept by Consultant in accordance with such statutes.
ARTICLE 9. OWNERSHIP AND USE OF DOCUMENTS
9.1 Electronic files of all documents, including, but not limited to, tracings, drawings,
estimates, specifications, investigations and studies completed or partially completed,
24
shall become the property of the City upon completion, termination, or abandonment of
the Project. Consultant shall deliver the above documents to the City within thirty (30)
days of completion of the Project, or termination of this Agreement, or termination or
abandonment of the Project. (Reference attached Schedule "A", entitled "Scope of
Services" for additional requirements),
9.2 Any re-use of documents by City without written verification or adaptation by
Consultant for the specific purpose intended will be without liability to Consultant.
9.3 When transferring data in electronic media format, Consultant makes no
representation as to long term compatibility, usability, or readability of documents
beyond the term of this agreement or any of its amendments. The original hard copy of
the documents containing the professional engineer's seal shall take precedence over the
electronic documents.
9.4 Notwithstanding any provision to the contrary contained in this Agreement,
Consultant shall retain sole ownership to Consultant's preexisting information including
but not limited to computer programs, software, standard details, figures, templates 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 for the Project, the Project
may be abandoned or terminated, and the City may cancel this Agreement as provided for
herein without further liability to the City.
10.2 Termination For Cause. The City may terminate this Agreement for cause in the
event that the Consultant (1) violates any provisions of this Agreement or performs same
in bad faith or (2) unreasonably delays the performance of the Services, upon notice to
the Consultant, in writing, seven (7) days prior to termination. In the case of termination
by the City for cause, the Consultant shall be granted a thirty (30) day cure period after
receipt of written notice from the City.
25
10.2.1 In the event this Agreement is terminated by the City for cause, the City,
at its sole option and discretion, may take over the Services and complete them by
contracting with another consultant(s) or otherwise, In such event, the Consultant
shall be liable to the City for any additional cost incurred by the City due to such
termination, "Additional Cost" is defined as the difference between the actual
cost of completion of such incomplete Services, and the cost of completion of
such Services which would have resulted from payments to the Consultant
hereunder had the Agreement not been terminated.
10.2.2 Payment only for Services satisfactorily performed by the Consultant and
accepted by the City prior to receipt of a Notice of Termination, shall be made in
accordance with Article 7 herein and the City shall have no further liability for
compensation, expenses or fees to the Consultant, except as set forth in Article 7.
10.2.3 Upon receipt of a written Notice of Termination, the Consultant shall
promptly assemble and submit to the City, as provided herein or as required in the
written notice, all documents, including drawings, calculations, specifications,
correspondence, and all other relevant materials affected by such termination.
10.2.4 In the event of a termination for cause, no payments to the Consultant
shall be made (1) for Services not satisfactorily performed and (2) for assembly of
submittal of documents, as provided above.
10.3 Termination For Convenience. The City, in addition to the rights and options to
Terminate for Cause, as set forth herein, or any other provisions set forth in this
Agreement, retains the right to terminate this Agreement, at its sole option, at any time,
for convenience, without cause and without penalty, when in its sole discretion it deems
such termination is in the best interest of the City, upon notice to Consultant in writing
fourteen (14) days prior to termination. In the event City terminates Consultant's
services for its convenience, as provided herein, Consultant shall be compensated for all
26
Services rendered up to the time of receipt of said written termination notice, and for the
assembly and submittal to the City of documents for the Services performed, in
accordance with Article 7 herein, and the City shall have no further liability for
compensation, expenses or fees to the Consultant, except as set forth in Article 7.
10.4 Termination Bv Consultant. The Consultant may only terminate this Agreement
for cause in the event that the City willfully violates any provisions of this Agreement or
unreasonably delays payment for the Services, upon written notice to the City, thirty (30)
days prior to termination. In that event, payment for Services satisfactorily performed by
the Consultant and accepted by the City prior to receipt of a Notice of Termination shall
be made in accordance with Article 7 herein. In the case of termination by Consultant for
cause, the City shall be granted a thirty (30) day cure period after receipt of written notice
from the Consultant.
10.4.1 The Consultant shall have no right to terminate this Agreement for
convenience of the Consultant.
10.5 Implementation Of Termination. In the event of termination, either for cause
or for convenience, the Consultant, upon receipt of the Notice of Termination, shall (I)
stop the performance of Services under this Agreement on the date and to the extent
specified in the Notice of Termination; (2) place no further orders or subcontracts except
for any that may be authorized, in writing, by the City, prior to their occurrence; (3)
terminate all orders and subcontracts to the extent that they relate to the performance of
the Services terminated by the Notice of Termination; (4) promptly assemble and submit,
as provided herein, all documents for the Services performed, including drawings,
calculations, specifications, correspondence, and all other relevant materials affected by
the termination; and (5) complete performance of any Services as shall not have been
terminated by the Notice Of Termination, And As Specifically Set Forth Therein.
10,6 Non Solicitation. The Consultant warrants that it has not employed or
retained any company or person, other than an employee working solely for the
27
Consultant, to solicit or secure this Agreement; and that it has not paid, nor agreed to pay
any company or other person any fee, commission, gift or other consideration contingent
upon the execution of this Agreement. For breach or violation of this warranty, the City
has the right to terminate this Agreement without liability to the Consultant for any
reason whatsoever.
ARTICLE 11. INSURANCE
11.1 The Consultant shall comply throughout the term of this Agreement with the
insurance requirements stipulated herein. It is agreed by the parties that the Consultant
shall not commence with work on this Project until satisfactory proof of the following
insurance coverage has been furnished to the City. The Consultant will maintain in effect
the following insurance coverage:
(a) Professional Liability Insurance in the amount of One Million
($1,000,000,00). Consultant shall notify City in writing within thirty (30) days
of any claims filed or made against the Professional Liability Insurance
Policy.
(b) Comprehensive General Liability Insurance ill the amount of
$1,000,000,00 Single Limit Bodily Injury and Property Damage coverage for
each occurrence, which will include products, completed operations, and
contractual liability coverage, The City must be named as an additional insured
on this policy.
(c) Worker's compensation and employer's liability coverage within the
statutory limits of the State of Florida,
11.2 The Consultant must give thirty (30) days prior written notice of cancellation or
of substantial modifications in the insurance coverage, to the City Manager.
28
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 must additionally be
furnished by insurance companies duly authorized to do business in the State of Florida
and countersigned by the company's Florida resident agent.
11.4 Consultant shall provide to City a Certificate of Insurance or a copy of all
insurance policies required above. City reserves the right to require a certified copy of
such policies upon request. All certificates and endorsements required herein shall state
that the City shall be given thirty (30) days notice prior to expiration or cancellation of
the policy.
ARTICLE 12. INDEMNIFICATION
12,1 In consideration ofa separate and specific consideration of $10.00 and other good
and valuable consideration the receipt of which is hereby acknowledged, the Consultant
hereby agrees to indemnify, defend and hold the City and its employees, agents and
authorized representatives harmless with respect to any and all costs, claims, damages
and liability which may arise out of the performance of this Agreement as a result of any
negligent acts, errors or omission of the Consultant, or the Consultants's subconsultants,
or any other person or entity under the direction or control of Consultant. The Consultant
shall pay all claims and losses arising out of Consultant's negligent acts, errors or
omissions and shall defend all suits, in the name of the City, its employees, agents and
authorized representatives when applicable, including appellate proceedings, and shall
pay all cots, judgments and attomeys' fees which may issue thereon.
ARTICLE 13. VENUE
13.1 This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal
action is necessary by either party with respect to the enforcement of any or all of the
terms or conditions herein. Exclusive venue for the enforcement of same shall lie in
Miami-Dade County, Florida.
29
ARTICLE 14. LIMITATION OF LIABILITY
14.1 The City desires to enter into this Agreement only if in so doing the City can
place a limit on City's 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 amount of the fees for Services agreed upon under the terms of the
Agreement, less any amount(s) paid to Consultant thereunder. Consultant hereby
expresses its willingness to enter into this Agreement with Consultant's recovery from the
City for any damage action for breach of contract to be limited to a maximum amount of
the fee for Services agreed upon under the terms of the Agreement, less the amount of all
funds actually paid by the City to the Consultant
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 amount of fee under any this Agreement, which amount shall be reduced by the
amount actually paid by the City to Consultant for any action or claim for breach of
contract arising out of the performance or non-performance of any obligations imposed
upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in
this Agreement is in 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. MISCELLANEOUS PROVISIONS
15.1 The laws of the State of Florida shall govem this Agreement.
15.2 Eaual Opportunity Employment and SDBE Goals: Consultant agrees that it will
not discriminate against any employee or applicant for employment for work under this
Agreement because of race, color, religion, sex, age, national origin, disability or sexual
orientation and will take affirmative steps to ensure that applicants are employed and
employees are treated during employment without regard to sexual orientation, race,
30
color, religion, sex, age, national origin, or disability. This provision shall include, but
not be limited to, the following: employment upgrading, demotion or transfer;
recruitment advertising, layoff or compensation; and selection for training, including
apprenticeships, Consultant agrees to furnish City with a copy of its Affirmative Action
Policy,
15.3 Public Entitv 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 convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods o.r services to the 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 bids or 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, Violation of this
Section by Consultant shall result in cancellation and may result in Consultants
debarment.
15.4 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 provision, City shall have the right to terminate the Agreement without
liability at its discretion, to deduct from the contract price, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
15.5 The Consultant represents that it has made and will make reasonable
investigation of all subconsultants to be utilized in the performance of work under this
Agreement to determine that they possess the skill, knowledge and experience necessary
31
to enable them to perform the services required. Nothing in this Agreement shall relieve
the Consultant of its prime and sole responsibility for the performance of the work under
this Agreement.
15,6 The Consultant, its consultants, agents and employees and sub contractors, shall
comply with all applicable Federal, State and County laws, the Charter, related laws and
ordinances of the City of Miami Beach, and with all applicable rules and regulations
promulgated by local, state and national boards, bureaus and agencies as they relate to
this Project.
15.7 This Agreement, or any interest herein, shall not be assigned, transferred or
otherwise encumbered by Consultant, under any circumstances, without the prior written
consent of City,
15,8 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 contained in a written document executed with the same
formality and of equal dignity herewith.
32
ARTICLE 16. NOTICE
16.1 All written notices given to City by Consultant shall be addressed to:
City Manager's Office
clo Assistant City Manager Robert C. Middaugh
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
Mr, Fred H. Beckmann, P.E.
Public Works Director
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
All written notices given to the Consultant from the City shall be addressed to:
Victor 1. Pujals, P,E" DEE
Vice-President
Camp Dresser & McKee Inc,
800 Brickell Avenue, Suite 710
Miami, Florida 33131
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by
certified mail, return receipt requested.
33
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, FLORIDA
~~~
MAYOR
CITY CLERK
Witness
Consultant! Camp Dresser & McKee, Inc.
~d~t
,tMd/t;w LyY1Y1
Print Name
Witness
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
rdJ~
Signature
~~
I z/~~"/.-
u..
J4i.t../J M 11( rf w~l-
Print Name
34
SCHEDULE A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND CAMP DRESSER & McKEE. Inc.
SCOPE OF SERVICES
The Consultant's Scope of Services includes the following professional engineering
services: engineering analysis, investigation, program definition/planning, design,
preparation of construction documents, permitting, preparation of analysis of estimated
cost, bidding/contract award assistance, construction inspection, project management,
project coordination and construction observationlcontract administration, project
scheduling and timeline preparation.
Additional to the above services the following tasks are associated with the continuation of
the City's sanitary sewer rehabilitation program to be performed by Consultant:
Task 1 - Rehabilitation Program Management
Task 2 - Office Engineering Services
Task 3 - Resident Project Representation
Task 4 - Final Documents Reports
Task 5 - Additional Design and Inspection Services
Task 1 - Rehabilitation Program Management
This Task includes the following:
. Assist in the development and issuance of work orders to contractor'
. Coordination of and monitoring of specialty contractor activities'
. Construction management services
. Review pay requests and recommendation for contractor payments
. Certification that the work has been performed in accordance with contract documents,
including work task orders, plans and specifications.
Task 2 - Office Engineering Services
This Task includes the following:
. Review of pre-construction video tapes furnished by the Contractor to ensure that the
recommended repair is adequate and, ifnew or different type of repair should be
implemented due to further pipeline deterioration, recommend adequate repair.
. Bidding and Award Services
. Attend pre-construction conferences.
. Examine the project sites at appropriate intervals to observe the progress and quality ofthe
work and to determine if the work is proceeding in accordance with the construction contract
documents
. Review the contractor's applications for payment and accompanying data, determine the
amount owing to the contractor, and approve, in writing, payments due to the contractor
35
. Review and process shop drawings and any other data which the contractor is required to
submit within (fifteen) working days of receipt of the submittal, except for items requiring
longer review time as noted in the construction contract documents,
. Issue necessary technical interpretations and clarifications ofthe construction contract
documents and prepare change orders as required.
Task 3 - Resident Project Representation
A Resident Project Representative, to be approved upon review of experience and credentials,
will be assigned to the Project on a full-time basis to oversee the Contractor's daily operations.
Consultant shall have no authority over or responsibility for the means, methods, techniques,
sequences or procedures selected by the construction contractor or for safety precautions and
programs incident to the work of the construction contractor.
Task 4 - Final Documents Reports
This Task includes the following:
. Installation of flow meters within basins and zones that received sanitary sewer rehabilitation
and repair measures. Post-rehabilitation flows will be compared to the flow data recorded
during the City's Prioritization and Investigation Phase (completed under a separate contract)
to establish a documented reduction in inflow and infiltration.
. Submittal of a final report documenting the rehabilitation work results, by basin, and
summarizing the results of the City of Miami Beach sanitary sewer rehabilitation program.
Task 5 - Additional Design and Inspection Services
This task involves the study, investigation, design, preparation of construction documents and
analysis of estimated cost, and inspection services, as required, for the upgrade and rehabilitation
of the sanitary sewer collection system within the City; including, but not limited to the upsizing
of under-capacity wastewater system pipes, rehabilitation of sub-aqueous force mains, structural
analysis of existing force mains, upgrades to existing force mains, and development of various
operational contingency plans. The scope ofthese services will be further defined by specific
language in each service order,
36
SCHEDULE B
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND CAMP DRESSER & McKEE. Inc.
CONSULTANT COMPENSATION
The City shall pay to the Consultant for performing Professional Engineering Services either the
not-to-exceed or the lump sum compensation, as set forth in each Service Order. The fee basis
shall be established as follows:
NOT-TO-EXCEED (NTE)
A not-to exceed compensation based fee is 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 ofthe
individual performing the work, for the total hours of work performed by employee category
directly chargeable to the project plus actual out-of-pocket expense costs. The Consultant's
schedule of Hourly Billing Rates is attached as Schedule C.
Actual out-of-pocket expense costs incurred during the progress of the Service may include air
fare, automobile rental, mileage charges, parking, tolls, taxi, meals, lodging, telephone, printing,
and reproduction costs incurred specially for this project. Reimbursement for subconsultants will
be billed at cost.
LUMP SUM (LS)
A lump sum based fee is a negotiated fixed dollar total amount for those Services where the
scope and complexity of the assigment are clearly and fully defined. In such cases, the not-to-
exceed method of compensation shall be used for establishing the negotiated lump sum fee for
the particular Service Order,
37
SCHEDULE C
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND CAMP DRESSER & McKEE. Inc.
HOURLY BILLING RATE SCHEDULE
Classification Hourlv Billing: Rate
Project Director $146.85 per hour
Project Manager $121.63 per hour
Sr, Engineer 1 Architect $104.31 per hour
Engineer 1 Architect $88.11 per hour
Designer $73.93 per hour
Staff-Engineer $70,89 per hour
RPR $55.00 per hour
Drafter $52.66 per hour
Billing $42.50 per hour
Clerical 40.51 per hour
38
SCHEDULE D
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND CAMP DRESSER & McKEE. Inc
PROJECT SAMPLE SERVICE ORDER
Service Order No.
for Professional Engineering
TO: Camp Dresser & McKee Inc.
800 Brickell Avenue, Suite 710
Miami, Florida 33131
DATE:
Pursuant to the Agreement between City of Miami Beach and Camp Dresser & McKee Inc.,
(CDM) for Professional Engineering Services for Citywide Sanitary Sewer System
Improvements Project ("the Agreement"), you are directed to provide the following services:
Project Name:
Scope of Work:
Calendar days to complete this work:
Estimated Construction Cost:
Compensation for this Service Order:
days from receipt of Notice to Proceed
Basic Service
Additional Service
Reimbursable Expense
ACCEPTED:
City of Miami Beach
Camp Dresser & McKee Inc.
Fred H. Beckmann, P.E.,
Director of Public Works
Date
Victor J, Pujals, P.E., D.E,E.
Vice President
Date
39
SERVICE ORDER No, 1
ENGINEERING SERVICES DURING CONSTRUCflON
FOR
CITY OF MIAMI BEACH, FLORIDA (CITY)
Rehabilitation of Sanitary Sewers (Contract No. 36-00/01)
BY
CAMP DRESSER & McKEE INC. (Consultant)
BACKGROUND
A construction project to arrest inflow and infiltration (1&1) into the sanitary sewer
system, as part of an on-going program, the project was designed by another
engineering firm. The project was bid on November 9, 2001 and a contract has been
awarded to the Azurix North America Underground Infrastructure, Inc. (Contractor) in
the amount of $5,228,934. Since the original engineering firm is no longer providing
consulting services to the City, the project commencement was postponed in order for
the City of obtain the services of another engineering firm to perform engineering
services during construction
The Consultant was engaged by City to be the new wastewater consultant to the Public
Works Department. This project is the first work assignment under the master
agreement for general wastewater consulting services.
SCOPE OF SERVICES
Task 2.0 - Office Engineering Services
This task includes the work necessary to assist the City with the construction phase of
the project. The work includes the following:
2.1 Project Planning and Preparation - Review the design documents and contract
plans and specification, prepared by others including any pre-construction
video tapes. Meet with the City to plan public information protocol for the
project.
2.2 Project Management - Maintain project and quality management, provide
monthly status reports, attend monthly program management meetings,
review contractor correspondence, perform project records tracking, and
organize information on the contract.
2.3 General Administration of the Construction Contract - Consultant will consult
with and advice the City and act as the City's representative as provided in the
conditions of the construction contract. The City's instruction to the Contractor
will be issued through the consultant, who will have authority to act on behalf
of the City in dealings with the Contractor to the extent provided in this Task
Order and in the conditions of the construction contract except as otherwise
provided in writing. Consultant will provide a computerized document control
COM
lofS
C:'l<M0946.ESDC.doc
1111812002
system and provide to the City copies of all project correspondence. Assist in
the development and issuance of work orders to Contractor. Coordination of
and monitoring related to Contractor's activities. .
2,4 Project Meetings - Consultant will attend various project meetings as follows:
2.4.1 Preconstruction conference - Consultant will prepare for and conduct a
preconstruction conference, including preparation and distribution of
conference minutes.
2.4.2 Monthly Progress Meetings - Consultant will conduct monthly project
progress meetings with the Contractor and City, including preparation
and distribution of meeting minutes.
2.4.3 Weekly Coordination Meetings - Consultant will conduct weekly
coordination meetings with the Contractor and City for the purpose of
coordinating the Contractor's activities; including preparation of brief
notes of meetings.
2.4.4 Special Meetings - Consultant will attend up to three special meetings
requested by the City for various purposes, including but not limited to
public or community relations. If more meetings are needed, the City
will consider compensating the Consultant as "additional services".
2.5 Shop Drawings - Consultant will review and approve (or take other
appropriate action in respect of) shop drawings and samples and other data
which the Contractor is required to submit, for conformance with the Contract
Documents and compatibility with the design intent.
2.6 Issue Oarifications - Consultant will issue necessary clarification and
interpretations of the Contract Documents as needed for the execution of the
contract work. Such clarifications and interpretations will be consistent with
the intent of, and reasonably inferable from, the Contract Documents.
Consultant may issue field orders authorizing minor variations from the
Contract Documents that do not affect the Contract Price or Contract Time.
2.7 Periodic Site Visits - Consultant will conduct construction progress
observations at intervals appropriate to the various stages of construction to
observe, as an experienced qualified design professional, the progress and
execution of the work, to determine if such work is proceeding in accordance
with the Contract Documents. Consultant will keep the City informed of the
progress of the work and shall endeavor to guard the City a~t defects and
deficiencies in such work and may recommend disapproval or rejection of
work as failing to conform to the Contract Documents.
2.8 Review Payment Applications - Consultant will review Contractor's periodic
payment applications and accompanying data for conformance to the
aJM
20f5
C:\KM0946.ESDC.doc
1111&2002
conditions of the Contract Documents and recommend in writing payments to
the Contractor by the City in such amount. Such recommendation of payment
will constitute Consultant's representation to the City, based on observations
and review, that, to the best of Consultant's knowledge, information, and
belief, the quantity and quality of work has progressed to the point indicated,
in general accordance with the Contract Documents (subject to verification by
testing as required by the Contract Documents).
2.9 Review Schedules - Consultant will review the Contractor's construction initial
schedule and monthly progress updates, keep the City informed of any
perceived problems with the schedule, and advise the Contractor of noted
errors in logic or inconsistencies between the schedule's activities and the
contract documents. 1bis item does not include analysis of the schedule
associated with major claims for delay made by the Contractor.
2.10 Change Orders - Consultant will prepare change orders as needed to
incorporate minor changes to the work. 1bis task includes negotiation of such
minor changes, however, does not extend to the analysis or negotiation of
major claims made by Contractor, or significant changes in the scope of work
made by the City.
2.11 Completion - Following notice from the Contractor that it considers the entire
work substantially complete, Consultant will perform a Substantial
Completion inspection and when applicable, issue a certificate of Substantial
Completion of the entire works, accompanied by a detailed list of deficiencies
remaining to finally complete the work. By the nature of this project, various
and numerous small portions of the work will be essentially completed and
placed back in service. Individual certificates of partial utilization for such
various parts of the work will not be issued, however, suitable written
documentation will be prepared by Consultant.
Task 3,0 - Resident Project Representation
Consultant will provide one full-time Resident Project Representative (RPR) during the
construction period (13 months - NTP through one month past Substantial Completion)
to observe performance of the work of the Contractor. The level of effort budgeted for
this task is based on 9-hour workdays for the 13 months as indicated in the Contract for
Construction. If any work is performed beyond 9 hours in a day, Consultant will be
reimbursed for the additional time in accordance with the Construction Contract. If the
duration of the construction period is extended, Consultant shall be entitled to
additional compensation for such extended construction time.
SERVICFS NOT INCLUDED/CLARIFICATIONS
1. Surveying - no surveying services are anticipated at this time; Contractor to
provide its own surveying if required
2. Testing Laboratory - Independent testing laboratory services for in place soil
CDM
3of5
C:\KM0946.ESOC.doc
"11&12002
compaction (and concrete compression testing, if required) will be provided by
the Contractor in accordance with Section 6.09.6 of the specifications. Any
additionallabomtory testing which is not provided by the Contractor will be
provided by the City after prior coordination and approval.
3. Record Drawings - Preparation of record drawings are not applicable.
4, Permitting Services - No permitting services payment of fees are anticipated by
Consultant
5. Overtime Work-Payment for services to oversee overtime work by the
Contractor shall be deducted from the total contract price as specified.
6. Approval of the Contractors day-to-day work schedule can be made by the RPR.
7. Analysis of major claims for delay made by the Contractor.
8. Utility location - Contractor is responsible for locating utilities in accordance
with Section 32.
WORK OR ASSISTANCE TO BE PROVIDED BY CITY
1. SURVEYING - Provide site legal descriptions if needed.
2. Prepare legal documents, descriptions and drawings for the acquisition of
necessary easements or land acquisition, if needed.
3. Provide copies of existing record drawings for water, wastewater and storm
water facilities to be impacted in the project area, atlas, zoning, roadway, and
special right-of-way information as needed.
4. Reproduce and distribute copies of the Contract Documents as needed (to
Contractor, Consultant, Surveyor (if needed), and Testing Laboratory.
Consultant requires four complete sets of plans and specifications,
SCHEDULE (TIME OF PERFORMANCE)
The time of performance of the construction contract is a nominal 15 months from
issuance of a Notice to Proceed through readiness for Final Payment (12 months to
Substantial Completion plus 90 days). However, the contract provides for a notice of
commencement for the Contractor to submit shop drawings for approval of materials,
permits, and MOTs (maintenance of traffic plans) ahead of the physical construction.
Task 2, Office Engineering Services - The effective time of performance of this task is
approximately 16 months - from the preconstruction conference/notice of
commencement through Final Completion.
Task 3, Resident Project Representation - the estimated time of performance of this task
is approximately 15 months - full time from the second Notice to Proceed through
Substantial Completion punchlist (assumed one month after Substantial Completion-
365 calendar days) plus part-time over three months during final inspection and
acceptance before Final Completion.
The time of completion for these tasks is not within the control of the Consultant. The
Consultant's schedule and provision of the various services is dependent upon the
CX1M
40f5
C:\KM0946.ESOC.doc
11/1812002
construction period defined in the contract documents. These services are based upon
anticipated 15-month (455 calendar days) construction contract duration. If the
construction contract runs longer than the anticipated 15 months, additional fees for
extended engineering services will be negotiated for the extended construction duration.
If the construction period runs appreciably shorter than the anticipated IS-months
duration, an adjustment in fees reflecting decreased engineering services will be
negotiated.
PAYMENT AND COMPENSATION
Invoicing shall be monthly on a time and materials basis. A status report will
accompany each progress billing. The not-to-exceed fee for the proposed work is
$313,845 for Tasks 2 and 3. Fee structure breakdown is provided in Attachment One
through Three.
TASK DESCRIPTION
AMOUNT
2.0 Office Engineering Services
3.0 Resident Project Representation
Total Estimated Not-to-Exceed Cost
$ 155,783
$ 158,062
$ 313,845
alii
5of5
C:\KM0946.ESDC.doc
11/1812002
W
Z
o
I-
Z
W
~
::I:
~
~
II .. NI" 0 It)N ....N ~ 0 It).... ..CD N I~ 0 ....
N...... '" ...... N~ N ....'" ....0 0 N ....
_ III N ~N ~~ ~ ~ N ~ "" '" It)
J! ~ ~ N
o ::0
...,g , J-
00 0 CD It)N "'.. C!i C!i 0 "" NO "" -- 0
NCD N ..It) N '" ~.. CD I
II: 3~ ~ .. I
'C ~
.,0 I
..Ill 13"
I -~I--
0 00
.. NN
E S "''''
II: '"
.. i: .. N
II: ~II: ..
I
0 , 0 .... ....
.. .. It) It)
II: N N
'" N N
.. '"
lI:
~ I 0 0
0
" ~ :g i
I ~i N I I
YO '" I
II:
0 -- --.-
~ i 0 0
...
>- c '" ,
1Il~ ,.;
III
l:!.!: to-
::l
0 lil CD"" ..'" 0 CD 0 lil~ It) '" C!i "" .... 0
:z:
! 0 , ~ '" '" .. ~ ~ .. CD
..
w := " g; I
~ J! g> d
:E enw to- ,
iii I
,
w 0
""'=.c ~ i
!~ ~ ,
.,; I
.. I I
0 N CD "" '" N CD 0 0 ~~ C!i "", '" 0
a .. .. N '" It> .. .. ~
~
c..: ...
~~ ;g
en ~
- 0 "0 N N "" N "" ~~ CD N"" CD 0
... .. N ~ It) ~ ~~ ....
E! - ~ ~ '"
., Ii!
0 u iii'
;> ..
c: "e- c ~
CD ~ .. N
C') .. :E ~ I
.z :E I i
00
Zi= I~ .. 0 .. NN N , 0
eu N '" ;
il _ '" ,
III;:) ..
-a:: eS cD
'I- ...
en en .... .. ! ~ z
a::z Q 0 --
Wo ~ [)
j:u -
8 g u.
W (!) (I) ~ I-' .s f
en u ~ z
> z z 5 w ~
it: ~ u ~ ~ ~ W 0. S
~ ;:) 'fi ~ c: a: !? c: (I) l-
e .E 8_ 8 w ~ en
e Gl a:: -~
i ell :; ..
en ~ c: W c: 5 "C ~ l a. ~
w 8 (I) 0 'fi Gl ~ Ig 2:' W
en u (!) .. -5 (3 ell a::
~ a:: "C i .E ell Ig W
I&. Z en ell ~ I-' en
0 III ~I ~ it: ell oil ~ & l u I-
w a:: ~ c: e I~ z
z 8 IS w
0 en 0 w 0.- l'a ..., Ie- c:W
(!) 5 I " w c: c: 0. ell 09
~ ~ ~ Gl l!! '" ~! E! I~ a:
z z Z ". oS! U U c: ell ell c: 1~
it: ::::; (5 g>~ 'Oa g Gl J c: Gl 0 ::J ti
I- ... c: .e- ,g .~ s: :; .. 0 I~
::::i w I- iD z 8 a >~ l!! I~ :I:
U "- '" c: c: ~ "C
~ W w 21ffi 0" 0. 0. c: ,$", Gl Gl ~ e r!]i
z w ~ 'lH r:: ~ 1.2; iii "!i "" -5 t! 8 a.. -0
... w ~~ -c: 0 'w
(; II: ~:; 8 ". .l< -0 I!! '" ~o. en - Gl-
:I: ~ U Gl 15 c c: e.g
::l uU c: 8- 0 13 Gl Gl
W Z 0 "2 U ~ ~ Gl -- ;l ~ U " en
ii: ~ "8"~ '" "C 1:111
a:: w 0. :z: Ql"~ .- Ql 0. en 0. Ql c: Ql en !
II. - "-"2 E-e- 0 " "c: "> '" -e- w &
0 ~o. .. .c t) "C .c: ll! Ql Gl Gl .c: a::
~o. en 0. a: a: <.l 0.
N ..,
:oc: olI: - N ..... It! "! ": "! "! 0- olI: _N
~ -...
! III N N NN N N N N N N N! III MM
{2. : {2.
<
U
r
i
Ii
j
!
~
ATTACHMENT TWO
PROJECT: City of Miami Beach. Florida
Rehabilitation of Sanitary Sewers
DESCRIPTION: OffIce Engineering Services
CONTRACT
REFERENCE: Professional Engineering Services Agreement between City of Miami Beach and Camp Dresser & McKee Inc.,
dated November, 2002 for Citywide Sanitary Sewer System Improvements Projects
LABOR
Hours
Billing Rate
Cost
Associated Employee
Project Director
Project Manager
Sr. Eng.! Arch.
Eng.! Arch.
Staff Eng.
Project Billing! Clerical
Total Labor Hours
32
376
419
467
40
468
1802
$146.85
$121.53
$104.31
$70.89
$55.00
$40.51
$4,699 Victor Pujals, P.E.
$45,695 Jim Crane, P. E.
$43.706 Andrew Lynn
$33,106
$2,200 Adriana Bustillos
$18,959 Karla Martinez
Total lABOR COST
$148,365
OTHER DIRECT COSTS
Computer, Word Processing
Travel, Meals, Lodging
Printing, Reproductions, & Communications
Plans & Specs, postage
Priority Mail charges. Miscellaneous
Total OTHER DIRECT COSTS
$7,418
OUTSIDE PROFESSIONAlS
none
Total OUTSIDE PROFESSIONAlS
$0
$155,783
Total Estimated Cost
A
'HN Me Ratea"'\I HRSJQ..SI a......
12/l1S12OO2
ATTACHMENT THREE
PROJECT:
City of Miami Beach, Florida
Rehabilitation of Sanitary SeWl!rs
DESCRIPTION:
Resident Project Representation
CONTRACT
REFERENCE:
Professional Engineering Services Agreement between City of Miami Beach and Camp Dresser & McKee Inc.,
dated November, 2002 for Citywide Sanitary Sewer System Improvements Projects
LABOR
Hours
Billing Rate
Cost
Resident Representative (Full time)
RPR OT
Total Labor Hours
2257
320
2577
$55.00
$82.50
$124,135
$26,400
Total LABOR COST
$150,535
OTHER DIRECT COSTS
Computer, Word Processing
Printing. Reproductions,
Communications, Photo
& Developing. supplies, Misc.
CSE equipment
$7,527
Total Estimated Cost
$158,062
A
WW MBfble.,..,HRS.xLSfRelldlllt
,-
I
--- " ,..-
CITY OF MIAMI BEACH CONSULTANT SERVICE ORDER
Service Order No.1 for Professional Engineering
TO: Camp Dresser & McKee Inc,
800 Brickell Avenue, Suite 71 0
Miami, Florida 33131
DATE:
Pursuant to the Agreement between City ofMiarni Beach and Camp Dresser & McKee Inc., (CDM) for
Professional Engineering Services for Citywide Sanitary Sewer System Improvements Project (''the
Agreemenf'), you are directed to provide the following services:
Project Name: Rehabilitation ofSanitarv Sewers (Reference Contract No. 36-00/01)
Scope of Work: Engineering Services During Construction per the enclosed attachments
Calendar days to complete this work:
Estimated Construction Cost:
16 months from receipt of Notice to Proceed
Compensation for this Service Order:
$5.228.945
$313.845
Reimbursable Expense
Basic Service
x
Additional Service
ACCEPTED:
City ofMi
;Q
Camp Dresser & McKee Inc.
1f'~PZ ~~
Date Victor 1. Pujals, P.E., D.E.E.
Vice President
/~1/3J()Z
Fred H. Beckmann, P.E.,
Director of Public Works
Date
C:\KM0945.sch O.doc
1111&'2002