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PROFESSIONAL SERVICES AGREEMENT
AGREEMENT
made as of the ~ t:I>
Between the Owner:
and the Consultant:
day of ~, 2005.
tI
Miami Beach, Florida, a political subdivision of the State
of Florida, acting by and through its Mayor and City
Commission, hereinafter called the "City" or "Owner",
which shall include its officials, successors, legal
representatives, and assigns.
Camp Dresser & McKee, Inc., a Massachusetts corporation
authorized to do business in Florida with offices at:
800 Brickell Avenue
Suite 710
Miami, Florida 33131
Which term shall include its officers, partners, employees, successors, legal
representatives, and assigns.
For the Project:
Phase I Work Order Management Implementation of a City
of Miami Beach Infra-Structure Management System
(IMS)
The Owner and Consultant agree as set forth herein:
Page 1
ARTICLE NO.
ARTICLE I
ARTICLE 2
2.1
2.2
ARTICLE 3
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
ARTICLE 4
4.1
4.2
4.3
ARTICLE 5
5.1
PROFESSIONAL SERVICES AGREEMENT
TABLE OF CONTENTS
SUBJECT
PAGE NO.
DEFINITIONS........ ............................................ .....4
INFORMATION TO BE FURNISHED BY
THE OWNER............ ......... ................................... .. 6
Information To Be Furnished by the Owner........................ 6
Obligation of the Consultant.... . . ... .. . ......... ... ... . .. . . .... ...... 6
GENERAL PROVISIONS...... ......... ........... ............ ..... .............. 6
Indemnification and Hold Harmless............................................ 6
Insurance...................................................................................... 7
Non- Exclusivity........................................................................... 8
Assignment.............. .................................................................... 8
Provision ofItems Necessary to Complete Services................... 8
Sub-Consultants........................................................................... 8
Term of Agreement................ .............. ..... ................................... 9
Termination of Agreement.... ............. ........................... ........ ....... 9
Intent of Agreement..................................................................... 11
Solicitation................................................................................... 12
Consultant's Accounting Records................................................ 12
City's Right to Audit.................................................................... 12
Ownership of Documents and Copyrights................................... 13
Laws and Regulations................................................................... 14
Warranty....................................................................................... 14
Owner Representative................................................................... 14
Consultant Representative............................................................ 14
Consultant Personnel...... ................ ................................... ........... 14
CONSULTANT SERVICES.. ............ .................... .................. .... 15
Start of Work................................................................................. 15
Scope of Services.......................................................................... 15
Services Requirements....... ......... ...... ......... '" ..................... ....... .... 15
REIMBURSABLE EXPENSES........... ......................... ............... 15
. . .. . .. . .. .. .. .. . . . . .. . . . .. .. .. .. ... . ... . .. .. .. . . .. . .. .. . .. .. .. . .. . . . .. . .. . . . .. .. . .. .. .. . . . . .. . .. .. . ... 15
Page 2
5.2
ARTICLE 6
6.1
6.2
6.3
ARTICLE 7
7.1
7.2
7.3
ARTICLE 8
8.1
8.2
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
. . . . .. . . . . . . . . . .. . . .. . . . .. . . .. . . . . . . . . . . . . . . . . .. .. .. . . . . .. . .. . . .. .. . . . . . . . . . .. . . . . . . . . . . . . .. . .. . . . . . . 16
COMPENSATION FOR SERVICES......................................... 16
Payment for Services. .......................... ..... .......... ............... .......... 16
Payment for Additional Services................................................. 17
Total Authorized Amount for This Agreement........................... 18
Miscellaneous Provisions............................................................ 18
Equal Employment Opportunity Goals....................................... 18
Public Entities Crime Act............................................................ 18
. .. . . .. . .. .. .. . .. . . . . .. .. .. .. . .. . .. .. .. .. . . . . .. .. .. . .. . . .. . .. . ... .. .. .. . . . . . . .. . .. .. .. . .. . . . . .. . .. . .. 19
NOTICE.. ...................................... ...... ............ ................... .......... 19
......... ................ ....... ....................... ........ ....... .............. ......... .......... 19
Entire Agreement.......................................................................... 20
SIGNATURES.............................................................................. 21
Scope of Services.......................................................................... 22
Hourly Billing Rate Schedule....................................................... 23
Consultant's Personnel Performing Services................................ 24
Project Schedule..... ..... ... .............. ......... ..... ......... ......... ... .... ... .... ... 25
Page 3
WITNESSETH
ARTICLE 1
DEFINITIONS
1.1 AGREEMENT: The written Agreement between the Owner and the Consultant
including the exhibits attached hereto and any and all Amendments authorized
and executed for the parties hereto.
1.2 AMENDMENT: A written modification to this Agreement executed by the
Consultant and the Owner covering changes, additions, or reductions in the terms
of this Agreement. 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 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 Amendment.
1.3 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. For purposes of this Agreement, the "City" may also be
referred to as "Owner," as defined in subsection 1.9.
1.4 CITY COMMISSION: "City Commission" shall mean the govemIllg and
legislative body of the City.
1.5 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 the Project Manager and/or the Director, 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.
1.6 CONSULTANT: The named entity on page I of this Agreement. 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 Sub-consultants retained by Consultant pursuant to this
Agreement and the Project shall be subject to prior written approval of the Owner.
1.7 DEPARTMENT: Department of Public Works, a department of the City of
Miami Beach.
1.8 DIRECTOR: The Director ofthe Department of Public Works. The Director, in
addition to the Project Manager (as defined in subsection 1.10), shall serve as the
Page 4
City's representative to whom administrative requests for approvals shall be
made, as provided herein.
1.9 OWNER: The City of Miami Beach, Florida.
1.10 PROJECT MANAGER: An individual designated by the City Manager to
represent the Owner during the Consultant's performance of the Services, and
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. The Project Manager may also serve as the City's representative
to whom administrative requests for approvals shall be made, as provided herein.
1.11 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean the REQUEST
FOR PROPOSALS NO. 64-02/03 FOR INFRASTRUCTURE MANAGEMENT
SYSTEM (IMS) FOR THE CITY OF MIAMI BEACH issued 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 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.
1.12 REIMBURSABLE EXPENSES: Those expenses delineated in Article 5,
Reimbursable Expenses, of this Agreement which are separately approved by the
Owner that are incurred by the Consultant in the fulfillment of this Agreement
and which are to be compensated to the Consultant in addition to the Fixed Lump
Sum.
1.13 RISK MANAGER: The Risk Manager of the City, with offices at 1700
Convention Center Drive, Third Floor, Miami Beach, Florida 33139, telephone
number (305) 673-7000, Ext. 6435, and fax number (305) 673-7023.
1.14 SERVICES: All services, work and actions by the Consultant performed
pursuant to or undertaken under this Agreement.
1.15 SUB-CONSULTANT: An independent firm, company, Jomt venture,
corporation or individual under contract with and compensated by the Consultant
to perform a portion of the Services required hereunder.
1.16 NOTICE TO PROCEED: Written notice to Consultant authorizing the
commencement of the Services identified in the notice or as described herein.
Page 5
ARTICLE 2
INFORMATION TO BE FURNISHED BY THE OWNER
2.1 INFORMATION TO BE FURNISHED BY THE OWNER: The Owner will
furnish, or otherwise make available to, the Consultant with all documents and
records the Owner has available pertaining to the performance of the Agreement,
including, but not limited to, all Project files in custody of the Department.
2.2 OBLIGATION OF THE CONSULTANT: The Consultant understands that it
is obligated to verify to the extent it deems necessary all information furnished or
made available by the Owner and that it is solely responsible for the accuracy and
applicability of all such information used by said Consultant. It shall be fully
understood that Owner, in furnishing and/or making such documents and records
available to the Consultant is in no way certifying representing and/or warranting
as to the accuracy or completeness of such data, including, but not limited to, 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 Services 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 Project Manager, in writing, in a timely manner and
obtain said Project Manager's written consent, before proceeding with the work.
If Consultant proceeds with the Additional Services without notifying and
obtaining the consent of the Project Manager, said work shall be deemed to be
within the original level of effort and deemed included within the services set
forth herein.
ARTICLE 3
GENERAL PROVISIONS
3.1 INDEMNIFICATION AND HOLD HARMLESS: The Consultant shall
indemnify and save the City, its officers, employees, agents and authorized
representatives, harmless from any and all claims, liability, losses, damages, and
causes of action which may arise out of the performance of this Agreement by the
Consultant to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Consultant and other persons employed or utilized by
Consultant in the performance of the Agreement; except to the extent such act is
caused by the City's negligence. The Consultant shall pay all claims and losses of
any nature whatsoever in connection therewith and shall investigate and defend
all claims, suits, and actions of any kind of nature in the name of the City, its
employees, agents and authorized representatives where applicable, including
appellate proceedings, and shall pay all costs, judgments and attorneys fees which
Page 6
may be issued thereon. Nothing contained in this provision shall be construed so
as to require the Consultant to indemnify the City's employees, agents and
authorized representatives for their own negligence. This Article 3.1 shall survive
the termination and expiration of this Agreement.
3.2 INSURANCE: The Consultant shall not commence with the performance of any
Services under this Agreement until the insurance required hereunder has been
obtained and such insurance has been accepted by the Owner. The Consultant
shall maintain required insurance coverage(s) for the full term of this Agreement
or for such longer period(s) as may be specifically required herein. All insurance
policies shall be issued by companies authorized to do business under the laws of
the State of Florida and rated no less than "B+" as to management and no less
than Class "VI" as to strength, in accordance with the A.M. Best Company
Insurance Guide, or its equivalent as approved by the City's Risk Manager.
3.2.1 Certificate of Insurance: The Consultant shall furnish certificates of all
required insurance to the Owner for approval as may be required by the
City's Risk Manager. The certificates shall clearly indicate that that
Consultant has obtained insurance of the types, amounts and
classifications required by these provisions. No material change or
cancellation of the insurance shall be effective without a thirty (30) day
prior written notice to, and approval by, the City's Risk Manager.
3.2.2 Automobile Liability Insurance: The Consultant shall maintain
Automobile Liability Insurance covering all owned, non-owned and hired
vehicles used in connection with the Services in amounts not less than
$1,000,000 combined single limit per occurrence for bodily injury and
property damage liability.
3.2.3 Comprehensive General Liability Insurance: The Consultant shall
maintain Public Liability Insurance on a comprehensive basis in an
amount not less than $1,000,000 combined single limit per occurrence for
bodily injury and property damage, which will include products,
completed operations, and contractual liability coverage. The City of
Miami Beach, Florida must be named as an additional insured with respect
to this coverage.
3.2.4 Professional Liability: The Consultant shall maintain Errors and
Omissions Liability Insurance in an amount not less than one million
($1,000,000) per claim with a deductible not to exceed 10% (ten percent)
of the limit of liability. Consultant shall notify Owner in writing within
thirty (30) days of any claims filed or made against the Professional
Liability Insurance Policy.
Page 7
3.2.5 Worker's Compensation: The Consultant shall maintain Worker's
Compensation Insurance and employer's liability coverage in compliance
with Florida Statutes Chapter 440.
3.2.6 Right to Examine: The Owner reserves the right, upon reasonable notice,
to examine the original or true copies of all policies of insurance
(including but not limited to binders, amendments, exclusions, riders and
applications) to determine the true extent of coverage. The Consultant
agrees to permit such inspection at the offices of the Consultant.
3.2.7 Compliance: The compliance with the requirements of this Article shall
not relieve the Consultant of its liability under any other portion of this
Agreement of any other agreement between the Owner and the Consultant.
3.3 NON-EXCLUSIVITY: Notwithstanding any provisions of this Agreement, the
City is not precluded from retaining of utilizing any other architect, engineer,
design professional or other consultant to perform any 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.
3.4 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 Owner. However, the Consultant will
be permitted to cause portions of the Services to be performed by sub-consultants,
as authorized elsewhere herein.
3.5 PROVISON 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.
3.6 SUB-CONSUL T ANTS: Any Sub-consultants retained by Consultant pursuant to
the Agreement and the Project shall be subject to the prior written approval of the
Owner. Such Sub-consultant services, if approved, shall be pursuant to
appropriate agreements between the Consultant and the Sub-consultants which
shall contain provisions that preserve and protect the rights of the Owner under
this Agreement. Nothing contained in this Agreement shall create any contractual
relationship between the Owner and Sub-consultants.
The Consultant shall not change any Sub-consultant without prior written
approval by the Owner in response to a written request from the Consultant
stating the reasons for any proposed substitution. Any approval of a Sub-
consultant by the Owner shall not in any way shift the responsibility for the
quality and acceptability by the Owner of the services performed by the Sub-
Page 8
consultant from the Consultant to the Owner. Payment of Sub-consultants
employed by the Consultant shall be the responsibility of the Consultant and shall
not be cause for any increase in compensation to the Consultant for the
performance of the Services. The quality of services and acceptability to the
Owner of the services performed by such Sub-consultants shall be the sole
responsibility of the Consultant.
3.7 TERM OF AGREEMENT: The term of this Agreement shall begin upon
execution by the parties and shall extend for the period of six (6) months
following the execution of this Agreement or until the Services have been
accepted, whichever may be later.
Nothing in this Article shall prevent the Owner from exerCISIng its rights to
terminate the Agreement as provided elsewhere herein.
3.7.1 TIME FOR PERFORMANCE: The Services to be performed by the
Consultant shall commence by written instructions in the form of a
Standing Order issued by the City's Procurement Director and a Notice to
Proceed issued by the Director.
Time is of the essence throughout this Agreement. The Services shall be
completed within one hundred and fifty (150) calendar days from the
issuance of the Notice to Proceed.
The time for completion of any Services may be extended by the City
Manager in the event adverse weather conditions or acts of God render
performance by the Consultant impossible. Such extensions of time shall
not be cause for any claim by the Consultant for extra compensation. Any
condition of Act of God preventing performance for more than six (6)
months shall give either party the right to terminate the Agreement with
respect to the remaining Services to be performed.
3.8 TERMINATION OF AGREEMENT: This Agreement may be terminated
upon prior written notice by either party as described herein. The Owner may terminate
this Agreement for cause or for convenience. The Consultant may terminate this
Agreement for cause in the event that the Owner willfully violates any provisions of the
Agreement and does not cure the violation within the reasonable time period stipulated in
this Agreement. The Consultant shall have no right to terminate this Agreement for
convenience ofthe Consultant, without cause.
3.8.1 Owner's Termination for Cause: The Owner may terminate this
Agreement or any Work Order upon seven (7) days written notice for
cause in the event that the Consultant violates any provisions of this
Agreement, or performs same in bad faith, or unreasonably delays the
performance of the Services. Such written notice to the Consultant shall
Page 9
spell out the cause and provide a fifteen (15) day cure period III the
notification to remedy the cause.
In the event the Owner terminates this Agreement for cause, the Owner
will take over any and all documents resulting from Services rendered up
to the termination and may complete them, by contracting with other
consultant(s) or otherwise, and in such event, the Consultant shall be liable
to the Owner for any additional cost incurred by the Owner 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. Upon
receipt of written Notice of Termination, the Consultant shall, promptly
assemble and submit as provided herein, all documents including
drawings, calculations, specifications, reports, correspondence, and all
other relevant materials affected by such termination. No payments shall
be made: I) for Services not satisfactorily performed; and 2) for the cost
of assembly and submittal of documents for Services performed
satisfactorily or unsatisfactorily.
3.8.2 Owner's Termination for Convenience: The Owner, in addition
to the rights and options to terminate for cause, or any other
provisions set forth in this Agreement, retains the right to terminate
this Agreement upon thirty (30) days written notice at its sole
option at any time for convenience, without cause, when in its sole
discretion it deems such termination is in the best interest of the
Owner.
3.8.3 Consultant's Termination for Cause: The Consultant may
terminate this Agreement upon thirty (30) days written notice for
cause in the event that the Owner violates any provisions of this
Agreement. Such written notice to the Owner shall spell out the
cause and provide fifteen (15) days to cure in the notification to
remedy the cause. In the event the Consultant exercises its right to
terminate this Agreement for cause and the Owner does not cure
within the reasonable time period allocated, payment for Services
satisfactorily performed prior to the date of termination shall be
made in accordance with the article "Compensation for Services."
3.8.4 Implementation of Termination: In the event of termination by
the Owner, 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;
Page 1 0
2. Place no further orders of subcontracts except as may be
necessary for completion of any portiones) of the Services
not terminated, and as authorized in writing by the Project
Manager;
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. Transfer title to the Owner (to the extent that title had not
already been transferred), and deliver in the manner and the
times, and to the extent directed by the Owner, all property
purchased under this Agreement and reimbursed by the
Owner, and not required for completion of the Services not
terminated;
5. Promptly assemble and submit as provided herein all
documents for the Services performed, including plans,
calculations, specifications, reports, and correspondence,
and all other relevant materials affected by the termination;
and
6. Complete performance of any Services not terminated by
the Notice of Termination.
3.8.5 Compensation for Terminated Work: Compensation for
terminated work will be made based on the applicable provisions
of the article "Compensation for Services."
3.9 INTENT OF AGREEMENT:
3.9.1 The intent of the Agreement is for the Consultant to provide professional
services for Phase I Work Order Management Implementation of a City of
Miami Beach Infra-Structure Management System (IMS), and to include
all necessary items for the proper completion of such service.
3.9.2 This Agreement is for the benefit of the parties only and if does not grant
rights to a third party beneficiary, to any person of 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 of
provisions of the Agreement.
3.9.3 No acceptance order, payment, or certificate of or by the Owner, or its
employees or agents shall either stop the Owner from asserting any rights
Page 11
or operate as a waiver of any provisions hereof or of any power of right
herein reserved to the Owner or of any rights to damages herein provided.
3.10 SOLICITATION: The Consultant warrants that: 1) it has not employed or
retained any company or person, other than a bona fide employee working solely
for the Consultant, to solicit or secure this Agreement; and 2) that it has not paid,
nor agreed to pay any person, company, corporation, joint venture, individual, or
finn, other than a bona fide employee working solely for the Consultant any fee,
commission, percentage, gift, or other consideration contingent upon or resulting
from the award of making of this Agreement. For breach or violation of this
warranty, the Owner has the right to annul this Agreement without any liability to
the Owner for any reason whatsoever.
3.11 CONSUL T ANT'S ACCOUNTING RECORDS: Consultant shall keep such
records and accounts and require any and all Sub-consultants 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.
3.12 CITY'S RIGHT TO AUDIT: The City shall have the right but not the
obligation to itself conduct, or to retain the services of an independent private
sector firm which may be engaged to audit, investigate, monitor, oversee, inspect
of review the operations, activities and performance of the Consultant and City in
connection with this Agreement. The scope of services performed by the City or
such independent firm may include, but are not limited to: monitoring and
investigating compliance with Agreement requirements; Project costs; and
investigating and preventing corruption and fraud.
Upon ten (10) calendar days written notice to the Consultant from the City, or
such independent firm, the Consultant shall make all requested records and
documents available for inspection and copying. The City, or such independent
firm shall have the right to examine all documents and records in the Consultant's
possession, custody or control which, in the City's sole judgment, pertain to
performance of the Agreement, including, but not limited to: original estimate
files; change order estimate files; worksheets; proposals and agreements from and
with successful and unsuccessful sub-consultants and suppliers; Project-related
correspondence, memoranda, instructions, financial documents, construction
documents, bid documents; back-charge documents; documents and records
which involve cash, trade or volume discounts, insurance proceeds, rebates, or
Page 12
dividends received; payroll and personnel records; and supporting documentation
for the aforesaid documents and records.
The provisions in this section shall apply to the Consultant, its officers,
agents and employees. The Consultant shall incorporate the provisions in
this section in all Subcontracts and all other agreements executed by the
Consultant in connection with the performance of the Services.
Nothing in this Agreement shall impair any independent right of the City to
conduct audit or investigative activities. The provisions of this section are neither
intended nor construed to impose any liability on the City by the Consultant or
third parties.
3.13 OWNERSHIP OF DOCUMENTS AND COPYRIGHTS: All notes,
correspondence, documents, original drawings, aerial photography, maps,
negatives, electronic data, and/or other data developed by the Consultant pursuant
to this Agreement shall become the property of the Owner without restrictions or
limitations upon their use by the Owner and shall be made available by the
Consultant at any time upon request by the Owner, and delivered to the City
within thirty (30) days of completion of the Services, termination of this
Agreement, or termination or abandonment of the Project. Re-use of such data by
the Owner for any purpose other than use on a specific project for which it was
prepared, shall be at the Owner's sole risk. Consultant shall not re-use or make
available the aforestated data (whether completed or partially completed) to any
third parties without the prior written consent of the City Manager. Upon
completion of the Services requested pursuant to this Agreement , all of the
above data shall be delivered to the Owner as a condition of the Consultant's
receipt of payment.
Notwithstanding any provision to the contrary in this Agreement, Consultant shall
retain sole ownership to its preexisting information including but not limited to
computer programs, software, standard details, figures, templates and
specifications. When transferring data in electronic media format, Consultant
makes no representation as to long term compatibility, usability, or readability of
documents resulting from the use of software application packages, operating
systems, or computer hardware differing from those used by Consultant at the
beginning of the Project. Because the data stored in electronic media format can
deteriorate or be modified inadvertently or otherwise without authorization of the
data's creator, when receiving electronic files, the City agrees that it will perform
acceptance tests or procedures within sixty (60) calendar days after receipt of a
respective file, after which the City shall be deemed to have accepted the data
thus transferred. Any errors detected within the sixty (60) day acceptance period
will be corrected by Consultant. Consultant shall not be responsible to maintain
documents stored in electronic media format after acceptance by Owner. The
original hard copy of the documents containing Consultant's professional
engineer's seal shall take precedence over the electronic documents."
Page 13
3.14 LAWS AND REGULATIONS:
3.14.1 The Consultant, its Sub-consultants, agents and employees, 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.
3.14.2 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, if in federal court. BY ENTERING INTO THIS AGREEMENT,
CONSULTANT AND OWNER EXPRESSLY WAIVE ANY RIGHTS
EITHER P ARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
3.15 WARRANTY: The Consultant warrants that the Services furnished to the
Owner under this Agreement shall conform to the quality expected of and usually
provided by the profession in the State of Florida applicable to these services.
3.16 OWNER REPRESENTATIVE: The Owner will assign a Project Manager to
the Project to coordinate all Owner responsibilities under this Agreement. All
instructions from the Owner to the Consultant, shall be issued by or through the
Project Manager. The Consultant shall promptly inform the Project Manager in
writing of any instructions received from others and of any other circumstances
which arise that might affect the performance of the Services.
3.17 CONSULTANT REPRESENTATIVE: 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 "CPM"). The CPM 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 CPM shall be subject to
prior written approval and acceptance by City. Replacement (including
reassignment) of an approved CPM shall not be made without the prior written
approval of the City.
3.18 CONSULTANT PERSONNEL: The Consultant shall identify in Exhibit C,
attached hereto and made a part hereof, the specific technical or professional
personnel to perform the necessary services under this Agreement. Such
personnel shall not be replaced except when the City determines, in its discretion,
Page 14
that the proposed replacement personnel has equal or greater qualifications or
capabilities to perform the necessary services.
ARTICLE 4
CONSULTANT SERVICES
4.1 START OF WORK: No Services under this Agreement shall be performed by
the Consultant prior to the issuance of a Standing Order and receipt of a Notice to
Proceed, as set forth in subsection 3.7.1.
4.2 SCOPE OF SERVICES: The Services are defined in the Scope of Services
attached hereto and incorporated herein as Exhibit A.
4.3 SERVICES REQUIREMENTS: In furnishing the Services to perform the tasks
set out in Article 4.2 and Exhibit A, the Consultant shall:
4.3.1 Maintain an adequate staff of qualified personnel on the work at all
appropriate times to achieve its completion within the term specified in the
Agreement.
4.3.2 Cooperate to the fullest extent possible with the Department In the
scheduling and coordination of all phases of the work.
4.3.3 Report the status of the work to the Department upon reasonable request
and hold pertinent data, calculations, field notes, records, sketches, and
other products open to the reasonable inspection of the Department.
4.3.4 Submit for Department review computations, sketches, and other data
representative of the work's progress at the percentage stages of
completion which may be stipulated in the applicable task, as referenced
in Exhibit A. Submit for Department approval the final products upon
incorporation of any modifications by the Department.
4.3.5 Confer with the Department, as Project requires, as to interpretation of
plans and other documents, correction of errors, omissions, and so
forth. The Consultant shall not be compensated for the correction of
errors and omissions caused by the Consultant.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the compensation for the Services
contemplated in Article 4.2 and Exhibit A, and Additional Services and include
Page 15
actual expenditures made by the Consultant in the interest of the Project. All
Reimbursable Expenses pursuant to this Article, in excess of $500, must be
authorized in advance in writing by the Project Manager. Invoices or vouchers
for Reimbursable Expenses shall be submitted by the Consultant to the Owner,
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".
5.2 Expenses subject to reimbursement in accordance with the above procedures may
include the following:
5.2.1 The cost of testing or investigation, if authorized by the Project
Manager.
5.2.2 Expense of reproduction, postage and handling of drawings, specifications
and other documents, excluding reproductions for the office use of the
Consultant and Sub-consultants. Courier and postage between the
Consultant and its Sub-consultants are not reimbursable.
5.2.3 Expenses for reproduction and the preparation of graphics for community
workshops
ARTICLE 6
COMPENSA TION FOR SERVICES
The City agrees to pay to the Consultant and the Consultant agrees to accept the amounts
determined in accordance with this Article for all Services rendered to this Agreement.
6.1 PAYMENT FOR SERVICES: This is a Lump Sum Agreement. The
Consultant agrees to perform the Services specifically described for the agreed
total amount of $653,900.00. This price shall be full compensation for all costs,
including overhead and profit, associated with completion of the Services in full
in conformity with the requirements stated herein.
6.1.1 NON COMPENSABLE CHARGES: Consultant shall neither invoice
Owner for charges for office, rent or overhead expenses of any kind, including but
not limited to, insurance, local telephone and utility charges, office/drafting
supplies, depreciation of equipment, professional dues, subscriptions, in-house
reproduction of drawings and/or specifications, mailing, stenographic, nor shall it
invoice for other employee time or travel and substance not directly related to the
Proj ecL .
Page 16
6.1.2 INVOICES AND METHODS OF PAYMENT: The Consultant shall
submit monthly to the Project Manager, two (2) copies of a duly certified invoice
for payments stating that the Services for which payment is requested have been
performed per this Agreement. Invoices for Services shall be based on the
percentage of the Project completed as supplemented by a monthly written status
report. Additional format requirements, content and submittal date of the invoice
shall be as specified by the Project Manager. Provided there are no problems with
an invoice, as determined by the Project Manager within fifteen (15) business
days of receipt of same, payment by the Owner shall be in accordance with the
"Florida Prompt Payment Act," Part VII, Chapter 218, Florida Statutes. Invoices
with problems will be immediately returned to the Consultant without payment.
6.1.3 PAYMENTS TO SUB-CONSULTANTS: All payments to Sub-
consultant(s) employed hereunder shall be the sole responsibility of the Consultant unless
otherwise provided for herein. The Consultant shall make all payments to such Sub-
consultant(s) promptly following receipt by Consultant of corresponding payment from
the Owner. Prior to any payments to Sub-consultant(s), the Consultant shall, if requested
by the Project Manager, furnish to the Owner a copy of the agreement(s) providing for
such payments.
6.2 PAYMENT FOR ADDITIONAL SERVICES:
6.2.1 Additional Services for this Project will only be performed by the Consultant
following receipt of a written authorization by the Project Manager prior to
commencement of same. Such authorization shall contain description of the Additional
Services required; an hourly fee, as provided in Exhibit B with a "Not to Exceed" amount
on additional Reimbursable Expenses (if any); the amended Project 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 Owner. The "Not to Exceed"
amount is not a guaranteed maximum cost for the services requested by the Owner and
all costs applied to such shall be verifiable through time sheet and reimbursable expense
reVIews.
6.2.2 The term "Additional Services" includes services involving the Consultant or any
Sub-consultants 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 consultants as set forth in this Agreement.
6.2.3 Additional Services may consist of the following:
6.2.3.1 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 Section 3.17.
Page 17
6.2.3.2 Preparing documents for change orders, or supplemental work, initiated at the
City's request and outside the Scope of the Services.
6.2.3.3 Providing such other professional services to the City relative to the Project which
arises 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 of this
Agreement.
6.2.3.4 Assistance in connection with bid protests, rebidding or renegotiating contracts
for construction, materials, equipment or services, except as otherwise expressly provided
for herein.
6.3 TOTAL AUTHORIZED AMOUNT FOR THIS AGREEMENT: The Total
Authorized Amount for this Agreement, including Reimbursable Expenses, is
$653,900.00.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 EQUAL EMPLOYMENT OPPORTUNITY 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, 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.
7.2 PUBLIC ENTITIES CRIME 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 or 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 sub-consultant 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 Consultant's debarment.
Page 18
7.3 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.
ARTICLE 8
NOTICE
8.1 All written notices given to Owner by Consultant shall be addressed to:
City Manager's Office
c/o Assistant City Manager Robert Middaugh
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copy to:
Fred Beckmann, P.E., Department of Public Works Director
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
All written notices given to the Consultant from the Owner shall be addressed to:
Victor J. Pujals, P.E., Vice-President
Camp Dresser & McKeen, 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.
8.2 ENTIRE AGREEMENT: This Agreement represents the entire and integrated
Agreement between the Owner and the Consultant and supersedes all prior
negotiations representations or agreements between the parties hereto, either
Page 19
written or oral, pertaining to the Project. This Agreement shall not be amended except by
written Amendment, signed by the Owner and the Consultant.
F:\atto\AGUR\AGREEMNT\CDM - Professional Service Agreement (Long Form) - Final.doc
Page 20
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
For City:
City of Miami Beach, Florida
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By:
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City Clerk
Robert Parcher
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Attest:
Mayor
David Dermer
For Consultant:
Camp Dresser & McKee, Inc.
Attest:
By:
Vice-Presi ent
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Print Name
APPROVED AS TO
FORM & LANGUAGE
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Page 21
EXHIBIT A
[INSERT SCOPE OF SERVICES]
Page 22
CDPJI
EXHIBIT A
FURTHER DESCRIPTION OF CONSULTING AND RELATED MA TIERS
SCOPE OF WORK
PHASE I - WORK ORDER MANAGEMENT IMPLEMENATATION
CITY OF MIAMI BEACH INFRASTRUCTURE MANAGEMENT SYSTEM (IMS)
Introduction
The City of Miami Beach (OWNER) Department of Public Works (DPW) is creating an
Infrastructure Management System (IMS) that will be implemented in phases across
multiple years. The IMS system will include infrastructure Geographic Information
System (GIS), service request and work order management within a Computerized
Maintenance Management System (CMMS). The OWNER has selected Camp Dresser
& McKee Inc. (ENGINEER) to provide the services outlined herein using the
OWNER's normal procurement process.
The Phase I IMS startup elements will be performed for the OWNER's DPW
Operations Division. The Operations Division is further defined as the following six
infrastructure systems (Water, Sanitary Sewer, Stormwater, Streets, Street Lighting
and Sanitation). These six infrastructure systems, for the purpose of this scope of
services, will be referred to as NETWORKS. The Phase I IMS elements for the
NETWORKS include:
. Procurement of integrated software,
· Design refinements to five of the six Geographic Information System (GIS) database
models for the Operations Division,
· Implementing the applications software for asset management, service request
management, and work order management in an unattached mode city-wide
(unattached mode refers to Work Orders issued based on addresses; attached
mode refers to Work Orders issued based on individual assets)
The results of Phase I will be a fully functional CMMS working in an unattached
mode for the entire City, and modified plans, procedures and designs to allow for the
following Phase(s) to link the CMMS and GIS for the OWNER's entire NETWORKS
service areas.
Any additional field data conversion, software purchases or miscellaneous related
services shall be addressed as additional service authorizations from the OWNER.
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Scope of Services
The following Phase I tasks outline the activities that will be performed to startup the
CMMS for the OWNER. The Phase I tasks will help refine any additions to the scope
of effort desired by the OWNER for the remaining NETWORKS GIS data conversion
effort (Phase II).
Task 1 Project Kick-Off and Project Management
The ENGINEER shall conduct a project kick-off meeting with key OWNER staff
representatives. The kick-off meeting will provide an overview of the scope of
services, establishment of key NETWORKS contacts, discussion of available data the
OWNER shall be providing to the ENGINEER and overview the involvement of the
OWNER staff throughout the project.
The ENGINEER shall prepare and provide a project schedule to the OWNER in
Microsoft Project format. The project schedule and budget will be used by the
ENGINEER and the OWNER's project managers to track the progress of the project
on a monthly basis. The ENGINEER's project manager shall meet monthly with the
OWNER's project manager to provide a status report on the project progress. This
shall include the status of the project schedule and budget.
The ENGINEER shall establish a project specific e-ROOM web-site to be used by the
OWNER and the ENGINEER for the transfer of data and digital file storage of key
project information, including digital copies of the problem resolution process.
This task also includes additional meetings for Owner staff information purposes,
provided to the Owner prior to the formal Notice to Proceed.
Task 2 Data Model Refinement / Design
The OWNER has expressed a desire to use an existing data model for five of the six
NETWORKS models (Water, Sanitary Sewer, Stormwater, Streets, and Street
Lighting). The ENGINEER recommends that the data models be refined to streamline
the models to meet the exact current and anticipated needs of the OWNER. This task
describes the activities that will result in an OWNER-specific IMS geodatabase design
for each of the five NETWORKS that will not carry unwanted, unused information or
functionality within the model. It is assumed that sanitations does not have any fixed
assets, therefore a data model is not required for this network.
Task 2-1 Database Design/Data Modeling Workshops
The ENGINEER will coordinate and lead a Database Design/ Data Modeling one-half
day workshop. OWNER staff from each of the five NETWORKS will be invited. The
goal of the workshop will be an educational and/ or informational component to
familiarize OWNER staff attendees with the following topics:
· ArcGIS geometric network (edges, junctions, features, objects);
· Geodatabase design specifics (features, classes, sub-types, domains, relationships);
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. Basics of ArcGIS extensions (how and why to create custom code);
. Connectivity Rule basics.
The goal of the next series of NETWORKS half-day workshops (one per five
NETWORK in consecutive days) is to define an ArcGIS (ArcInfo) Version S.x (or 9.x)
geodatabase object model design that will support the NETWORKS requirements.
During these NETWORKS workshops, the ENGINEER and OWNER staff will work
together to define the best-fit object model design for the OWNER. If possible,
ENGINEER will start with the use of an existing ArcGIS standard model for the
NETWORKS being modeled. Throughout the workshops, the ENGINEER will work
with OWNER staff to compare the specific features and attributes of the standard
design models to the OWNER's existing business practices. The goal of each of the
NETWORKS workshop is to customize the ArcGIS model to fit the existing needs of
the OWNER, as well as to explore possible future needs. Topics covered during the
NETWORKS workshops will include the following:
. Use of ID numbers on features;
. Linking the Geodatabase to asset management/ work management system;
. Linking the Geodatabase to hydraulic modeling software (if needed);
. Modeling facilities in detail vs. as simple junctions;
. Use of sub typing;
. Use of object relationships;
. Utilizing custom applications and class extensions;
. Various related topics, as time permits.
At the completion of the Database Design/Data Modeling Workshops, the
ENGINEER will have the information necessary to produce a draft of the data model.
The OWNER staff who attended the workshops should have a better understanding
of the various concepts and processes that were presented.
Task 2-2 Develop Database Design/Data models
The ENGINEER will use the information from the Database Design/ Data Modeling
Workshop to develop a draft database design/ data model for each of the five
NETWORKS. The draft will include the required fields to integrate with the
computerized maintenance management system (CMMS), e.g. Cityworks, the
hydraulic models, and other key information systems identified during the workshop
that are both practical and beneficial to the overall IMS.
Task 2-3 Submit Draft Database DesignjData Model
ENGINEER will deliver five draft copies of each of the NETWORKS draft
geodatabase design data models to the OWNER's Project Manager for review and
comments. The OWNER will review the drafts and develop questions, comments,
and suggestions within ten business days.
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Task 2-4 Draft Database Design/Data Model Review Session
The ENGINEER will coordinate and lead a Draft Database Design/Data Model
Review Session. OWNER staff representing the NETWORKS will be invited to attend.
The goal of this session is to solicit the OWNER's comments, discuss them, and
develop a set of modifications to the Draft Database Design/Data Model that, after
implemented, will result in the Final Draft Database Design/Data Model.
Task 2-5 Modify Draft Database DesignjData Model
The ENGINEER will use the results of the Draft Database Design/Data Model Review
Session to further enhance each of the NETWORKS database models. One final draft
version of the models will be produced and delivered to the OWNER's Project
Manager within ten business days of receipt.
Task 2-6 Final Review of Draft Database DesignjData Model
The ENGINEER will facilitate a meeting of OWNER staff that includes at least one
supervisor for each of the NETWORKS. The goal of the meeting will be to review the
changes to the model and develop any final recommendations and obtain OWNER
approval of the database models prior to the implementation of the Cityworks CMMS
software.
Task 2-7 Finalize Database Design/Data Model
Based on comments from the OWNER's final review session, the ENGINEER will
make any further changes that have been approved by the OWNER and finalize the
Database Design/Data Model. This version of the model will be considered "final".
The ENGINEER will then produce the NETWORKS geodatabases in preparation of
the data conversion and software implementation tasks. The NETWORKS
geodatabases will be used by the ENGINEER and delivered with the functionality of
the CMMS implementations.
Task 3 Provide Software
The ENGINEER will provide licensed software to the OWNER directly of Azteca
Cityworks and ESRI GIS software for the Phase I activities. The software will be
loaded on adequate hardware supplied by the OWNER.
Task 3-1 Cityworks Software Procurement
The ENGINEER will provide twelve (12) complete licensed seats of the Cityworks
software (requires ESRI software), 2 seats of Cityworks Storeroom software (does not
require ESRI software) and 2 seats of Cityworks Call-Center software (does not
require ESRI software) with documentation to the OWNER. The software will be
licensed directly to the OWNER.
At the desktop, Cityworks will be implemented in a client/ server environment. The
ENGINEER will provide seven (7) ESRI ArcView 8.3 seats and one (1) license of ESRI
ArcSDE for SQL Server for 1 server and up to 2 CPUs to house the geo-object
relational models. The ENGINEER will provide the ESRI ArcSDE software initially
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with 20 cals. The ENGINEER requests that the OWNER provide a secure access (dial-
up or VPN) for the ENGINEER into the OWNER's computer network, so that tasks
related to this implementation and on-going support, such as software installation,
software/ database configuration, general troubleshooting can be performed remotely.
The OWNER will provide one workstation computer for each Cityworks licensed
software seat (total of ten workstations). Each workstation should be connected
directly or through the OWNER's network connection to an OWNER supplied laser
printer. The OWNER will provide one database computer server with Microsoft SQL
Server Enterprise edition with a minimum of 40 cals to house the databases and the
ArcSDE software.
Task 3-2 Initial Load Software
The ENGINEER will load the Cityworks, ESRI ArcView, Microsoft SQL Server
Enterprise, and ArcSDE software products on the OWNER provided hardware. The
installation and coordination work designated to be performed for the following
software:
1. Installation of 12 seats of Cityworks Desktop,
2. Installation of 2 seats of Cityworks Storeroom,
3. Installation of 2 seats of Cityworks call-center,
4. Installation of 7 seats of ESRI ArcView,
5. Installation of Microsoft SQL Server with test and production database instances,
6. Installation of ESRI ArcSDE for operations of the test and production databases.
Task 4 Plan and Configure Software
The ENGINEER will plan and configure the AZECTA Cityworks software products
using a two step approach followed by a step three for Final Installation and Training.
The two steps are:
. Step 1: Implementation Planning
. Step 2: Configuration
The intent is to setup and configure the IMS software to work in an intelligent manner
using unattached mode, yet be easily used in attached mode with the assets once the
GIS data conversion effort is completed for each Network.
Task 4-1 Step 1: Implementation Planning
Step 1 will confirm/ plan the requirements for the IMS applications. Some of this task
will done concurrent with our previously described task for installation of software
and databases. While the baseline database installation could allow the OWNER to
start using Cityworks in unattached mode after the initial installation of the software
it would basically be operating in a non-intelligent method and not allow the full
functionality of Cityworks to be realized (It would basically be a Work Request
Tracker not a Work Order Management System). Although we do not highly
recommend this type of use, this can be done to assist OWNER staff performing work
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orders if no other work order system is in place. Each work order that would
performed under this limited process would require a significant amount of OWNER
staff work to attached a completed work order to an asset at a later date. To establish
a valid full implementation of the Cityworks product the planning for the
configuration will occur in Step 1 using the following tasks.
Task 4-1.1: Initiate the Project and Data Gathering
The goals for this task are to initiate the implementation with a meeting that will be an
interactive workshop to identify project goals, inform the participants about pertinent
implementation topics, clarify project roles, and gather information for the next tasks.
In addition, specific information relating to the existing hardware, software, and
infrastructure network design of the OWNER will be assessed. The ENGINEER shall
provide a listing of requirements prior to the meeting. The OWNER will be
responsible to provide the ENGINEER elements related the following items:
. List of Assets
. Work Activity Types
. Work Tasks
. Customer Problem Types
. Security for Work Orders and Customer Problem Types
. Employee listings (work teams, Work Groups, Pay Rates, etc.)
. Material
. Equipment
. Customer Accounts
The ENGINEER will prepare a memorandum summarizing the meeting and provide
other notes throughout this phase. These meeting notes will serve to define the
requirements for the configuTation of each Network of the project.
Task 4-1.1.1: On-site Cityworks Orientation
The ENGINEER will review Cityworks user requirements for the Asset Management
System with the OWNER's project staff at the OWNER's facilities during an
interactive workshop. The focus of the workshop will be a review of any current work
management applications, assisting anticipated users of the applications to begin to
learn the available functionality, and helping the Public Works Department staff to
understand how the individual Cityworks and GIS components can work together to
achieve the desired results.
Task 4-1.1.2: Cityworks Database Installation
The ENGINEER will provide written documentation and train OWNER staff (e.g. GIS
Administrator(s)) to install the basic Cityworks database on the OWNER's hardware
and test the system. Although the Cityworks system is flexible to the database design
and content of the existing ESRI geodatabase, slight modifications to the geodatabase
may be necessary. Cityworks requires the presence of four fields on each feature and
object class on which work will be performed. The ENGINEER will train the
OWNER's staff how to perform this specific function.
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Task 4-1.2: Prepare Maintenance Solution for the OWNER
The following tasks will be performed to document the maintenance processes within
the OWNER's organization. The OWNER will provide the ENGINEER with a
representative for each of the NETWORKS who has a thorough understanding of
these maintenance processes. It would be desirable that these staff also served as the
main NETWORKS point of contacts for the ENGINEER throughout the course of this
implementation.
Task 4-1.2.1: Identify and Document Maintenance Processes
Based on the findings from Task 4-1.1, the ENGINEER will provide an additional
questionnaire for clarification to the OWNER's Project Manager, who will be
responsible for distributing it to the NETWORKS representatives and collecting
responses within 15 business days. The NETWORKS representatives will copy and
distribute the questionnaire as needed within the NETWORKS users group and will
later gather and submit the results to the ENGINEER. The ENGINEER will combine
the results onto one copy of the questionnaire for each of the NETWORKS and return
the results to the OWNER's Project Manager for review, changes and final approval.
The ENGINEER anticipates that the OWNER has in place both a request (reactive)
and work order (preventive) driven process. From this questionnaire, the ENGINEER
intends to identify the following:
. Work order or service request types
· Whether the work order or service request is preventive or reactive
. Work tasks for each work order type
· Employees and labor classifications in NETWORKS group
. Inventory (material) types
. Major equipment types
· Existing datasets (GIS and otherwise) used or slated to be used in the work order or
service request process (OWNER will supply at a minimum a complete road
centerline GIS shapefile that contains the street name and address range for each
street segment)
. Samples of work order and service request printout forms
After reviewing the results of the questionnaires, the ENGINEER may conduct a
series of meetings with representatives for each of the NETWORKS to refine the
information to be input into the CMMS. These meetings will confirm the results of the
Maintenance Process Questionnaires.
Task 4-1.2.2: Conduct a Maintenance Process Workshop to Identify and Validate
Maintenance Processes
The ENGINEER will conduct a two to four hour long workshop for each of the
NETWORKS with designated OWNER NETWORKS participants. The purpose of
these workshops is to confirm the information gained through the Maintenance
Process Questionnaire and understand the work and data flow in and out of the
proposed system. Using that information, the ENGINEER and the OWNER's
NETWORKS participants will identify the following:
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. The hierarchy of work orders/ service requests and their tasks
. The default time period for such tasks
. The default material, equipment and labor to be used
. The GIS activities that are used for this process
Task 4-2 Step 2: Configuration
After the successful planning of each Network, the ENGINEER will configure and test
the initial Cityworks database and applications at the OWNER's facilities. The
purpose of the initial Cityworks configuration is to test, prior to operational rollout,
the applications and to confirm that the applications meet the requirements defined
under Step 1.
The ENGINEER will configure the applications for baseline operational deployment.
It is anticipated that much of the configuration activity performed will occur off-site.
However, significant amounts of the configuration activity may occur on-site as well.
For off-site activities, the ENGINEER requests secure outside access (telephone line
dial-up or VPN) to the OWNER's system, so that tasks related to this implementation
and on-going support, such as software installation, software/ database configuration,
and general troubleshooting can be performed remotely.
Task 4-2.1: Perfonn Cityworks Database Configurations and Onsite Review
The ENGINEER will configure (transferring knowledge of this process to the
OWNER's staff) the Cityworks databases and applications (GIS and Work
Management) on a server/computers supplied by the OWNER. In addition, specific
modifications will be made by the ENGINEER to the existing geo-object and work
management database tables. This is more specifically defined below:
Task 4-2.1.1: Configure Cityworks Database
Using the information gained from Step I, the ENGINEER will implement
modifications to the Cityworks CMMS database. The ENGINEER will work in
cooperation with OWNER staff (knowledge transfer) to prepare this information for
use within the Cityworks environment.
The Work Order and Service Requests printout forms will be configured as agreed to
by the ENGINEER and the OWNER during Step I, as provided by standard
Cityworks configuration options.
Task 4-2.1.2: Onsite Review
Once the above databases have been installed and are operational, the ENGINEER
will participate in a two to four hour long, on-site workshops for each of the
NETWORKS to review the configuration. In an effort to minimize costs, the
ENGINEER's goal is to provide the OWNER with the Cityworks database configured
to the specifications derived from the questionnaire and the Step 1 planning effort. If
other configuration issues exist, the ENGINEER can assist in addressing them during
the individual workshops. The software as configured will allow for detailed work
orders to be performed in unattached mode that is them easily attached to an asset in
the GIS when the GIS is built.
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Task 4-3 Step 3: Final Installation and Training
This step is to provide OWNER's staff with City works and ESRI training. The
ENGINEER will provide training and related training documents and data that will
be required.
Task 4-3.1: Test Environment Installation
The ENGINEER will install ESRI and Cityworks software on one of the City's training
room computes. The OWNER will help the ENGINEER install Cityworks and ESRI
software on the remaining computers in the OWNER's training facility. The
ENGINEER will test the computers in the training facility one day prior to training.
Task 4-3.2: ESRI Training
The ENGINEER will provide the following ESRI software training to OWNER staff:
. Quantity of 2 training sessions for Introduction to ArcGIS for ArcView and ArcInfo
I - 2 day class at OWNER site - OWNER to supply training facility and equipment,
up to ten students per each class,
. Quantity of 2 training sessions for Introduction to ArcGIS for ArcView and ArcInfo
II - 3 day class at OWNER site - OWNER to supply training facility and equipment,
up to ten students per each class,
· ArcSDE Administration for SQL Server - 5 day class at ESRI site - one OWNER
student, and
. Building Geodatabases I - 3 day class at ESRI site - one OWNER student.
The ENGINEER will supply training materials for each student.
Task 4-3.3: Cityworks Training
The ENGINEER will provide two staff members for five consecutive business days of
training to the OWNER's staff on the use of the unattached mode Cityworks software.
The training will be conducted using ten OWNER supplied workstations configured
with the OWNER's datasets. The ENGINEER will conduct the training. The
ENGINEER will develop and provide training workshops that will accommodate up
to ten users each. The following sessions will be provided:
. Day 1: GIS Interaction within Cityworks Service Request Generation and
Processing
· Day 2: Service Request Generation and Processing Continued Work Order
Generation and Processing
. Day 3: Work Order Generation and Processing Continued Inspections/Tests
. Day 4: Cityworks Administration
. Day 5: Practice Scenarios
The ENGINEER will train the OWNER staff in using Cityworks. The ENGINEER will
provide on-site training and curriculum for the software modules and products
supplied to the OWNER. The ENGINEER will supply training materials for each
student.
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Cityworks training is modular. Students need only to attend those sections that are
relevant to the type of work that they are performing. The courses include relevant
materials and sample data. Training is held in a classroom environment that will meet
the following specifications:
. The OWNER will provide all computers used for training.
. The OWNER will provide the location and set-up (physical space) for training.
. The training area will be large enough to accommodate ten networked computers,
ten students and an instructor with a table, computer, projector, and supporting
materials. Prior to the training, the computers will be configured by ENGINEER
with ArcGIS for ArcView, Cityworks software, and Relational Database
Management System (RDBMS) software if necessary. The OWNER will supply and
configure the computers with MS-Office 2000 or MS Office 2003. Computers must
meet the minimum level requirements of Pentium processor, high-resolution 15"-
inch monitor, with floppy and CD drives and either Windows 2000 Professional
(preferred, but not required) or Windows XP. Processor @ 600 MHz, 256 MB RAM,
10 GB disk, 100 MB NIC.
· The training area will have available to the instructor a high-resolution projector
that supports 1024x768 and a projection screen.
The OWNER will identify candidates for training based upon the following criteria:
· Each student currently participates in the Work Order or Service Request process.
· Students who participate in training will have advance basic personal computer
(PC) literacy and ENGINEER supplied ArcGIS for ArcView training or related GIS
experience.
Based on this process being replicated for each network the actual training would
target the following quantities of OWNER staff. The street lighting and the sanitation
networks will train at the same time.
The following sessions will be provided:
· Day 1: GIS Interaction within Cityworks Service Request Generation and
Processing
Water Network -10-15 trainees (GIS staff, Call-Center Staff, Maintenance
Staff, DPW management)
Sewer Network -10-15 trainees (GIS staff, Call-Center Staff, Maintenance
Staff, DPW management)
Stormwater Network - 10-15 trainees (GIS staff, Call-Center Staff,
Maintenance Staff, DPW management)
Street (Pavement) Network -10-15 trainees (GIS staff, Call-Center Staff,
Maintenance Staff, DPW management)
Street Light/Sanitation Network - 10-15 trainees (GIS staff, Call-Center Staff,
Maintenance Staff, DPW management)
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. Day 2: Service Request Generation and Processing Continued Work Order
Generation and Processing
Water Network - 10 trainees (GIS staff, Maintenance Staff, DPW management)
Sewer Network -10 trainees (GIS staff, Maintenance Staff, DPW
management)
Stormwater Network - 10 trainees (GIS staff, Maintenance Staff, DPW
management)
Street (Pavement) Network -10 trainees (GIS staff, Maintenance Staff, DPW
management)
Street Light/Sanitation Network - 10 trainees (GIS staff, Maintenance Staff,
DPW management)
. Day 3: Work Order Generation and Processing Continued Inspections/fests
Water Network - 10 trainees (GIS staff, Maintenance Staff, DPW management)
Sewer Network - 10 trainees (GIS staff, Maintenance Staff, DPW
management)
Stormwater Network - 10 trainees (GIS staff, Maintenance Staff, DPW
management)
Street (Pavement) Network - 10 trainees (GIS staff, Maintenance Staff, DPW
management)
Street Light/Sanitation Network - 10 trainees (GIS staff, Maintenance Staff,
DPW management)
. Day 4: Practice Scenarios
Water Network - 10-15 trainees (GIS staff, Call-Center Staff, Maintenance
Staff, DPW management)
Sewer Network - 10-15 trainees (GIS staff, Call-Center Staff, Maintenance
Staff, DPW management)
Stormwater Network -10-15 trainees (GIS staff, Call-Center Staff,
Maintenance Staff, DPW management)
Street (Pavement) Network -10-15 trainees (GIS staff, Call-Center Staff,
Maintenance Staff, DPW management)
Street Light/Sanitation Network -10-15 trainees (GIS staff, Call-Center Staff,
Maintenance Staff, DPW management)
. Day 5: Cityworks Administration
One Time All Networks - 3-6 trainees (1 to 2 -GIS staff, 1 to 2-IT DBA, 1 to 2
DPW Management Designated IMS coordinators)
Each network -1-2 hours per network for Network specific elements. 3-6
trainees (1 to 2 -GIS staff, 1 to 2-IT DBA, 1 to 2 DPW Management Designated
IMS coordinators)
A-11
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COM
DATA OR ASSISTANCE TO BE PROVIDED BY OWNER
A. Assign a Project Manager to represent the OWNER on this assignment and assign a
representative for each of the NETWORKS as the point of contact for the
NETWORKS
B. Assist in the scheduling of necessary meetings and workshops during the
execution of the work by the ENGINEER
C. Providing all hardware and software in a timely manner to be used by the
OWNERS staff during the project execution as detailed herein. This includes the
following:
· Ten computer workstations with printers (one per Cityworks licensed
software), and with MS-Office 2000
· Two computer systems with printers for the Cityworks Storeroom software,
. Two computers with printers for the Cityworks Call-Center software, and
· Database computer server with Microsoft SQL Server Enterprise edition with a
minimum of 40 cals.
D. Copy of OWNER's organization chart by Departments and a copy of the Public
Works Department/Division organization chart
E. Provide secure outside access (telephone line dial-up or VPN) to the ENGINEER
for the OWNER's computer network system
F. Provide training area and facilities including workstations that meet the
requirements of Task 4-3.3
DELIVERABLES
A. Draft data models for water, sanitary sewer, stormwater, streets, and street
lighting systems
B. Final data models for water, sanitary sewer, stormwater, streets, and street
lighting systems
C. Project schedule
D. Twelve complete licenses of Cityworks software
E. Two licensed seats of the Cityworks Storeroom (parts inventory) software
F. Two licensed seats of the Cityworks Call-Center software
G. Seven concurrent use licensed seats of ESRI ArcView 8.3 software
A-12
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H. One ESRI ArcSDE for SQL Server for 1 server and up to 2 CPUs with 20 cals
TIME OF COMPLETION
ENGINEER will commence work within two weeks of receipt by ENGINEER of
written Notice to Proceed (NTP) and Standing Order Number. ENGINEER will
complete Phase I within 150 calendar days from commencement in accordance with
the project schedule, prepared under Task 1.
PAYMENT AND COMPENSATION
The total fee and basis for the above services based upon the scope of work presented
in this Service Order and Attachment A is a Lump Sum amount of $653,900 as
summarized below:
Component of Work
Task 1.0 Project Kick-Off and Project Management
Amount
$62,500
Task 2.0 Data Model Refinement/Design
$55,200
Task 3.0 Provide Pilot Area Software
$151,100
Task 4.0 Plan and Configure Software (Excluding Task 4-3.4)
$385,081
Subtotal Task 1.0 to 4.0 - (Lump Sum)
$653,900
Total Service Order No.1 (Task 1.0-4.0, Lump Sum)
$653,900
The ENGINEER shall submit monthly invoices to the OWNER. Each invoice shall
include a monthly written status report. Invoicing for the lump sum total of $653,900
(Task 1.0 - 4.0) will be based in accordance to the percentage of the project complete.
A-13
NIKM1796.Exh Adoc
7/1412005
EXHIBIT B
[INSERT HOURLY BILLING RATE SCHEDULE]
Page 23
ExhibitB
CDM
SC'iEQULE OF HOURLY BILLING RATES
COST GROUP II
CATEGORIES
PROFES$IONAL SERVICES:
OFFiCeR
PRINCIPAL/ASSOCIATE
SENIOR PROFESSIONAL
PROFESSIONAL II
PROFESSIONAL I
PROFeSSIONAL SUPPORT SERVICES
SENIOR SUPPORT SEAVICES
STj\FF. SUPPORTSERYICES
FIELD SERVICES
SE NIOH. PROFESSIONAL
Pl.lOFESStONAL
PHOJECTSUPPO~T SERVICES
PROJECT ADMINISTRATION
HOURLY
RATES
S 160.00
$ 140.00
S 125.00
$ 11 0.00
S 95.00
$ 95.00
.$ 75.00
$ 85.00
$ 65.00
$ 65.00
,6.UsUbConsullan.1 and othorproloct relatcdexpellslls Bre
!SubI~ct toa minimum handling/administratlvo charS/cof 1Q%.
CERTlfIEOBY:
RATES EFFECTIVE THROUGH DECEMBER 31,2005
EXHIBIT C
[INSERT CONSULTANT'S PERSONNEL PERFORMING SERVICES (per
subsection 3.20)]
Page 24
Exhibit C
CITY OFMIAMl HEACHINFRASTRCTURE lv1ANAGEMENT SYSTEM (IMS)
PHASE I - WORK ORDER l\1ANAGEMENT IMPLEMENTA TION
Client Offkcr
SeniorProfcssiona I
Senior GIS Annlyst
ProfessionallGIS AIl.a1yst
Ju.niorGIS Technician
Clerical! Admin.
a:JM
PROPOSED CDM KEY PERSONNEL
V. J. Pujals
A.G.Lynn
IvI. Lovett
E. Lockheart/J.lYilttie
Miscellaneou.s
K.Martmez/B. Marrero/p. Donaldson/P. Thomas
~~i<M1914.Elot>C.doe
m1rlW5
EXHIBIT D
[PROJECT SCHEDULE - TO BE INSERTED UPON COMPLETION OF TASK
l/EXHIBIT "A"]
Page 25
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