Non-Exclusive Prof. Agreement
" . f, . ,
NON-EXCLUSIVE PROFESSIONAL
SERVICES AGREEMENT
BETWEEN
CITY OF MIAMI BEACH
AND
CH2M IDLL, INC.
FOR THE DEVELOPMENT OF
THE STORMW ATER MANAGEMENT PROGRAM
CONTENTS
Page
ARTICLE 1. DEFINITIONS; DUTIES AND RESPONSffiILITIES 1
1.1 City 1
1.2 City Commission 2
1.3 City Manager 2
1.4 Proposal Documents 3
1.5 Consultant 3
1.6 Basic Services 4
1.7 The Project 4
1.8 Construction Cost Budget 4
1.9 Improvement Project Cost 5
1.10 Force Majeure 5
1.11 Contractor 5
1.12 Contract for Construction 5
1.13 Construction Documents 5
1.14 Change Order 5
1.15 Additional Services 6
1.16 Work 6
1.17 Base Bid 6
1.18 Schedule 6
ARTICLE 2. SCOPE OF SERVICES 6
2.1 Basic Services 6
2.2 Additional Services 6
2.3 Responsibility for Claims and Liabilities 8
2.4 Schedule 8
ARTICLE 3. THE CITY'S RESPONSffilUTlES 9
ARTICLE 4. CONSTRUCTION COST 10
4.1 Responsibility for Construction Cost 10
ARTICLE 5. OWNERSHIP AND USE OF DOCUMENTS 11
ARTICLE 6. CONSULTANT'S ACCOUNTING RECORDS 12
ARTICLE 7. OWNERSHIP AND USE OF DOCUMENTS 12
ARTICLE 8. TERMINATION OF AGREEMENT 13
8.1 Right to Terminate 13
8.2 Termination for Cause 14
8.3 Termination for Convenience 14
8.4 Implementation of Termination 15
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CONTENTS
Page
ARTICLE 9. MISCELLANEOUS PROVISIONS 15
9.1 Governing Laws - 15
9.2 Statute of Limitation 15
9.3 Non-Solicitation 16
9.4 Limitation of Liability 16
9.5 Arbitration 17
ARTICLE 10. EXTENT OF AGREEMENT 18
ARTICLE 11. BASIS OF COMPENSATION 19
ILl Compensation for Services 19
11.2 Payments on Account of Basic Services 19
11.3 Payment on Account of Additional Services 19
11.4 Project Suspension or Termination 19
ARTICLE 12. INSURANCE 20
ARTICLE 13. INDEMNIFICATION 20
ARTICLE 14. ADDmONAL CONDmONS 21
14.1 Assignment 21
14.2 Compliance with All Laws 21
14.3 Venue 21
14.4 Notices 21
SCHEDULE A.
SCOPE OF SERVICES, COMPENSATION AND SCHEDULE
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TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT
FOR PROFESSIONAL ENGINEERING SERVICES FOR THE
DEVELOPMENT OF THE STORMW ATER
MANAGEMENT PROGRAM
THIS CONTRACT made and entered into this /k,-flr-day of~993, 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" or "Owner"), having its
principal offices at 1700 Convention Center Drive, MIAMI BEACH, FLORIDA 33139,
AND CH2M HILL, a Florida corporation whose address is 2828 Coral Way Building,
2828 Coral Way, Suite 440, Miami, Florida 33145 (hereinafter referred to as
"Consultant" .)
W l.T--N E SSE T U:
WHEREAS, the City intends to develop a STORMWATER MANAGEMENT
PROGRAM (hereinafter referred to as the "Project"), and wishes to engage the Consultant
for the Project as is set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of
engineering and related professional services relative to this Project including development
of a stormwater management master plan, design, preparation of Construction Documents
and construction administration services and field representative services, all as hereinafter
stipulated ,
NOW THEREFORE, City and Consultant in consideration of the mutual covenants
and agreements herein contained, agree as follows:
ARTICLE 1. DEFINITIONS; DUTIES AND RESPONSffiILITIES
1.1 CITY
The "City" shall mean the City of Miami Beach "(City" or "Owner") and
is a Florida municipal corporation having its principal offices at 1700 Convention Center
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Drive, Miami Beach, Florida 33139. The City, as a governmental entity, is subject to the
availability of funds and appropriation of funds by its legislative body and other
governmental authorities or sources of revenue, in an amount to allow continuation of its
performance under this Agreement. In the event of lack of funding for this Agreement or
this project, this Agreement may be terminated by the City pursuant to the procedure set
forth in Article 6 in its entirety.
1.2 CITY COMMISSION
"City Commission" shall mean the governing and legislative body of the ,
City. 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.
1.2.1 The City Commission shall be the body to consider, comment upon, or
approve any assignment, sale, transfer or subletting of this Agreement or any interest
therein and any subcontracts made pursuant to this Agreement. Assignment and transfer
shall be defined to include sale of the majority of the stock of a corporate Consultant.
1.2.2 All City Commission approvals and authorizations shall be expressed by
passage of an appropriate enabling resolution and, if an amendment, by the execution of an
appropriate amendment to this Agreement.
1.3 CITY MANAGER
The "City Manager" shall mean the chief administrative officer of the
City. The City Manager shall be construed to include any duly authorized designees
including a Project Coordinator and shall serve as the City's representative to whom
administrative requests for approvals shall be made and who shall issue authorizations
(exclusive of those authorizations reserved to the Commission) to the Consultant. These
authorizations shall include, without limitation: reviewing, approving, or otherwise
commenting upon the schedules, plans, reports, estimates, contracts and other documents
submitted to the City by the Consultant.
1.3.1 The City Manager shall review, approve, disapprove or otherwise
comment upon the Consultant's Design and Construction Documents after they are
submitted to the City by the Consultant.
1.3.2 The City Manager shall decide, in his professional discretion, matters
arising pursuant to this Agreement, which are not otherwise expressly provided for in this
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. .
Agreement, and he shall attempt to render administrative ljecisions promptly to avoid
unreasonable delay in the progress of the Consultant's work.
1.3.3 The City Manager shall additionally be authorized but not required at the
request of the Consultant to reallocate monies already budgeted toward payment of the
Consultant, providing, however, that he cannot increase the Consultant's compensation or
other budgets established by this Agreement. The City Manager, in his administrative
discretion, may consult with the City Commission concerning disputes or matters arising
under this Agreement regardless of whether such matters or disputes are enumerated
herein. the City Manager shall additionally be the sole representative of the City
authorized to issue a notice to proceed as referenced in Article 3 herein. The City
Manager may consider, comment upon, or approve modifications in accordance with
applicable laws and ordinances.
1.3.4 The City Manager may approve change orders which do not exceed the
sum of ten thousand ($10,000.00) dollars (or other such amount as may be specified by the
City of Miami Beach Purchasing Ordinance, as amended) and which do not increase any of
the budgets established herein.
1.4 PROPOSAL DOCUMENTS
"Proposal Documents" shall mean the Request for Letter of Interest,
(RFLI) No. 94-92/93 for the DEVELOPMENT OF A STORMWATER MANAGEMENT
PLAN 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 are deemed as being incorporated by reference in this Agreement and made a part
hereof; provided, however, that in the event of an express conflict between the Proposal
Documents and this Agreement, this Agreement shall prevail.
1.5 CONSULTANT
The "Consultant" is herein defmed as CH2M HILL, whose address is
2828 Coral Way Building, 2828 Coral Way, Suite 440, Miami, Florida 33145-3214.
1.5.1 The Consultant for this project shall be duly licensed and admitted to
practice professional engineering in this State pursuant to Chapter 481, Florida Statutes,
and possess the requisite occupational licenses from the City and the County. All engineers
required by the needs of this project shall be duly licensed and certified by the State of
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Florida to engage in the practice of engineering in this State. All special inspectors, if any,
required by the needs of this project shall be duly certified, licensed and registered.
1.5.2 The Consultant shall be liable for the Consultant's services,
responsibilities and liabilities of any sub-consultants, and any other person or entity acting
under the direction or control of the Consultant. When the term "Consultant" is used in
this Agreement it shall be deemed to include any sub-consultants and any other person or
entity acting under the direction or control of Consultant.
1.6 BASIC SERVICES
"Basic Services" shall include engineering consultation and advice of
furnishing the customary environmental, civil, structural, electrical, mechanical, and
architectural, and instrumentation services incidental thereto. The fixed limit of consulting
fees for this project shall be established by Amendment to this Agreement as outlined in
Schedule A.
1. 7 THE PROmer
"The Project" is herein defined to mean the development of the City's
Stormwater Master Plan, design, preparation of construction documents, and construction
administration services and field representative services for improvement projects identified
in the Stormwater Master Plan Report that will be developed as part of the Stormwater
Management Program.
1.8 CONSTRUCTION COST BUDGET
The "Construction Cost Budget" developed as part of this Project shall
mean a sum which will be established by Amendment to this Agreement upon completion
of preliminary design phase and will be the total construction cost to the Owner of all
elements of improvement projects designed or specified by the Consultant and approved by
the Owner, 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 but not to exceed ten
percent (10%) of the construction cost, but not including the compensation of the
Consultant and the Consultant's consultants, rights-of-way, and the cost of land, materials
testing services, bond issuance costs, and surveys.
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1.9 IMPROVEMENT PROmer COST
The "Improvement Project Cost" shall mean the total cost of the project
to the Owner which represents construction costs, professional compensation, rights-of-
way, land costs, if any, fmancing costs, materials testing services, surveys, and other
miscellaneous Owner costs.
1.10 FORCE MAJEURE
"Force Majeure" shall mean any delay occasioned by superior or
irresistible force occasioned by violence in nature without the interference of human agency
such as hurricanes, tornados, flood, and total loss caused by fire and other similar
unavoidable casualties, 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, or other causes beyond the Consultant's control or by any other such causes which
the Consultant and the City Commission 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.
1.11 CONTRACfOR
"Contractor" or "Contractors" shall mean those persons or entities
responsible for performing the construction work or providing the materials, supplies and
equipment identified in the bid and contract documents for the project.
1.12 CONTRACf FOR CONSTRUCTION
"Contract for Construction" shall mean contracts with contractors.
1.13 CONSTRUCTION DOCUMENTS
"Construction Documents" shall mean the final plans, contract forms,
specifications, drawings, documents and diagrams submitted by the Consultant pursuant to
Article 7 and approved by the City.
1.14 CHANGE ORDER
"Change Order" shall mean the written order to the Consultant approved
by the Owner as specified in this contract and signed by the Owner's duly authorized
representative, authorizing a change in the project or the method and manner of
performance thereof or an adjustment in the fees or completion dates, as applicable.
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1.15 ADDffiONAL SERVICES
"Additional Services" shall mean those services described in Section 2.2
herein, which have been duly authorized in writing by the City.
1.16 WORK
"Work" shall mean all of the construction related work to be performed
on the improvement projects pursuant to the contract documents and the construction bid
documents.
1.17 BASE BID
"Base Bid" shall mean the elements contained in the Construction
Documents recommended by the Consultant and approved by the Owner as being within
the Construction Cost Budget pursuant to the detailed cost estimate provided by the
Consultant. "Base Bid" shall not include "Alternates".
1.18 SCHEDULE
"Schedule" shall mean the schedule attached to this Agreement and
referred to in the Agreement, and is as follows:
Schedule A: -- Schedule setting forth the Basic Consultant's Services,
compensation, and schedule.
Schedule B: -- The schedule of hourly rates of compensation to the
Consultant for additional services, as submitted by the Consultant and approved by the
Owner.
Amendments to any Owner approved schedule shall require the same
formalities as amendments to the contract itself.
ARTICLE 2. SCOPE OF SERVICES
2.1 BASIC SERVICES
The Consultant's Scope of Services shall be as described in Schedule A.
2.2 ADDffiONAL SERVICES
The following services are not included in Basic Services unless so
identified in Schedule A. Any additional service must be authorized in writing. Additional
services will include the following services:
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2.2.1 Preparing plans and specifications for alternate, separate or sequential
bids or proposals, and providing extra services in connection with bidding, or construction
prior to the completion of the Construction Documents phase, when requested in writing by
the City.
2.2.2 Making soil borings, boring test analysis and surveys.
2.2.3 Providing consultation concerning replacement of any work damaged by
fire or other cause during construction, and furnishing services as may be required in
connection with the replacement of such work.
2.2.4 Providing services made necessary by the default of the Contractor, or by
major defects or deficiencies in the work of the Contractor, (provided Consultant promptly
notified the City or Contractor of any such defects or deficiencies reasonably observed by
Consultant), or by failure of performance of either the City or Contractor under the
Contract for Construction.
2.2.5 Providing assistance to the City for permitting other than that as outlined
in Schedule A with the various agencies having jurisdiction over the Project.
2.2.6 Preparing documents for supplemental work, or to accommodate field
conditions initiated at the City's request and outside the scope of the work specified in the
Construction Documents, after commencement of the construction phase.
2.2.7 Making revisions in drawings, specifications or other documents when
such revisions are inconsistent with written approvals or instructions previously given, that
are required by the enactment or revision of codes, laws or regulations subsequent to the
preparation of such documents. If changes are required to be made because of error,
oversight, inadvertence, clarification or discrepancy in the work of the Consultant, City
shall not be liable to compensate Consultant for additional services in such connection.
2.2.8 Providing consultation concerning replacement of a new project or
damage by fire or other cause during construction, and furnishing professional services of
the type set forth herein as may be required in connection with the replacement of such
work.
2.2.9 Providing professional services made necessary by the default of any
contractor or sub-contractor in the performance of the Contract for Construction.
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2.2.10 Providing contract administration services during the construction phase,
should the substantial completion date be extended or if the construction contract time and
working days for submittal of approved Final Payment request by the Contractor be
extended by more than 30 days through no fault of the Consultant.
2.2.11 Providing such other professional services to the City relative to this
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 executing this
Agreement.
2.2.12 Providing such services to the City in connection with the development of
Revenue Bond issues, provided however that the Consultant will provide information and
documents as may be required for the issuance and sale of bonds and as required further
herein.
2.2.13 Preparing to serve or serving as an expert witness in connection with any
public hearing, arbitration proceeding or legal proceeding.
2.3 RESPONSmILITY FOR CLAIMS AND liABILITIES
2.3.1 Approval by the City shall not constitute nor be deemed a release of the
responsibility and liability of the Consultant, his employee, sub-contractors, agents and
consultants for the accuracy and competency of their designs, working drawings,
specifications or other documents and work; nor shall such approval be deemed to be an
assumption of such responsibility by the City for a defect or omission in designs, working
drawings, and specifications or other documents prepared by the Consultant, his
employees, sub-contractors, agents and consultants.
2.4 SCHEDULE
2.4.1 The Consultant shall perform Basic and Additional 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. The Consultant may submit to the
City adjustments to this 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 work or parts of the work. The City shall not unreasonably refuse to approve such
adjustment to the time schedule if the request is made in a timely manner and is fully
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justified. This schedule, when approved by the City, shall not, except for reasonable
cause, be exceeded by the Consultant.
2.4.2 The parties agree that the Consultant's services during all phases of this
project will be performed in a manner which shall conform with the approved schedule.
ARTICLE 3. THE CITY'S RESPONSffiILmES
3.1 The City has provided Consultant with the Project goals and design
elements as set forth in the RFLI and in Section 1. 7 herein, and shall provide consistent
with the foregoing described goals such additional requirements for the Project as may be
necessary, including the items listed in Schedule A, including space requirements and
relationships, flexibility and expendability, special equipment and systems, and the site
requirements.
3.2 The Consultant shall establish a Construction Cost Budget for the
improvement projects, which may include contingencies for bidding, changes in the work
during construction, and other costs which are the responsibility of the City, including
those described in this Article 3 and in Article 4. The City shall, at the request of the
Consultant, provide a statement of funds available for the Project, and their source.
3.3 The City Manager shall designate a representative defined as the City's
Project Coordinator authorized to act on the City's behalf with respect to the Project. The
City's Project Coordinator shall examine the documents submitted by the Consultant and
shall transmit written decisions pertaining. thereto promptly, to avoid unreasonable delay in
the progress of the Consultant's services. The City shall observe the procedure of issuing
orders to its contractors only through Consultant.
3.4 At the City's sole discretion, the City may furnish legal, accounting and
insurance counseling services as may be requested at any time for the Project, including
such auditing services as the City may require to verify the Contractor's applications for
payment or to ascertain how or for what purposes the Contractor uses the monies paid by
or on behalf of the City.
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3.5 If the City observes or otherwise becomes aware of any cause of defect in
the Project or nonconformance with the Contract for Construction, prompt written notice
thereof shall be given by the City to the Consultant.
3.6 The City shall furnish required information and services and render
approvals and decisions in writing as expeditiously as necessary for the orderly progress of
the Consultant's services and of the Work. No approvals required by City during the
various phases of the Project shall be unreasonably delayed or withheld; provided that City
shall at all times have the right to approve or reject the proposed submission of Consultant
on any reasonable basis.
ARTICLE 4. CONSTRUCTION COST
4.1 RESPONSmILITY FOR CONSTRUCTION COST
4.1.1 Consultant hereby represents to City, and Consultant is aware that City is
relying on such representation in entering into this Agreement, that Consultant has the
necessary resources and expertise to provide an Opinion of Probable Construction cost.
Consultant further understands that the City will base the size of a bond issue upon the
Consultant's estimate of probable construction cost.
4.1.2 If the bidding phase has not commenced and advertisement for bid
occurred within two (2) months after the Consultant submits the construction document to
the City, the Construction Cost Budget shall be adjusted to reflect any change in the
general level of prices in the construction industry between the date of submission of the
Construction Documents to the City and the date on which proposals are sought, based on
Engineering-News Record (ENR) Construction Cost Index or other mutually acceptable
methods.
4.1.3 If the lowest bona fide base bid exceeds the Consultant's Opinion of
Probable Construction Cost (adjusted as provided in Subparagraph 4.1.2) by more than ten
percent (10%), the City Commission at its sole discretion, has 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
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in accordance with Section 8.4,(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 and quality and construction schedule and
sequence of work as required to reduce the construction cost. In the event the City elects '
to reduce the Project scope as outlined in this paragraph, the Consultant shall provide such
revisions to the Construction Documents and provide rebidding services, as many times as
requested by the City as Basic Services with no additional cost to the City until the Base
Bid meets the requirements of this section.
ARTICLE S. REIMBURSABLE EXPENSES
5.1 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 sub-consultants in the interest of the Project for the expenses
listed in the following subparagraphs. All reimbursable expenses pursuant to this Article,
except for those set forth in Section 5.1.4 and 5.1.6 must be authorized in advance by the
City Manager or the City's Project Coordinator.
An allowance for reimbursable expenses is established as a condition to
this Agreement. Invoices or vouchers for reimbursable expenses shall be submitted along
with supporting receipts, and other reasonable back-up material if requested by City, by the
Consultant to 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
Contract" .
Expenses subject to reimbursement in accordance with the above
procedures are as follows:
5.1.1 Expense of data processing and photograph production techniques when
used in connection with additional services.
5.1.2 If authorized in advance by the City Manager or the City's Project
coordinator, expense of overtime work requiring higher than regular rates not caused by
Consultant or part of Consultant's Basic Services, special consulting services, if any, or
other services.
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5.1.3 Expenses of any additional insurance coverage or limits requested by the
City in excess of the insurance requirement set forth in Article 12.
5.1.4 Expense of transportation in connection with the Project; living expenses
in connection with out-of-town travel; long distance communications; and fees paid for
securing approval of authorities having jurisdiction over the Project. Consultant shall
comply with the City's standards for reimbursable travel expenses. Travel within Dade
County shall not be reimbursable.
5.1.5 Expense of reproduction, postage, overnight mail, delivery service, and
handling of drawings, specifications and other documents, excluding reproductions for the
office use of the Consultant and the Consultant's consultant.
5.1.6 Aerial photography expenses.
ARTICLE 6. CONSULTANT'S ACCOUNTING RECORDS
6.1 Records of reimbursable expenses and expenses pertaining to additional
services and services performed on the basis of a multiple of direct personnel expense shall
be kept on the basis of generally accepted accounting principles and shall be available to
the City and the City's authorized representatives at mutually convenient times and
location.
ARTICLE 7. OWNERSmp AND USE OF DOCUMENTS
7.1 All plans, reports, or drawings will be prepared and submitted by
Consultant to City for approval. Working drawings will be prepared on Plate B tracing
cloth or mylar drafting film or the equivalent, with all lettering in ink or pencil or press-
type and clearly legible when the sheets are reproduced to half size.
7.2 All documents including, but not limited to, reports, tracings, drawings,
estimates, specifications, investigations, and studies completed or partially completed, shall
become the property of the City without restriction or limitation on their use. Consultant,
its sub-consultants, sub-contractors, agents, or employees shall be liable to City for any
loss or damage to any such documents while they are in possession of or while they are
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being worked upon by the Consultant or anyone connected with him. All documents so
lost or damaged shall be replaced or restored by the Consultant at his sole expense.
7.3 Upon completion of the construction of the project, Consultant shall,
within ninety (90) calendar days, following final inspection, deliver to the City the original
contract working drawings and tracings, or mylar or sepia prints (3 mil), correct to post
construction (as-built) conditions, to the City's Project Coordinator, including changes
made during the course of the project by the Contractor. Consultant shall deliver the above
documents to the City within thirty (30) days of termination of this Agreement or
termination or abandonment of the Project.
ARTICLE 8. TERMINATION OF AGREEMENf
8.1 RIGHT TO TERMINATE
The City may terminate this Agreement for cause in the event that: (1)
the Consultant willfully 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. Payment for services performed
shall then be made in accordance with Article 11.4 herein.
The City, in addition to the rights and options to terminate given above,
or any other provision 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. Payment for services satisfactorily performed and for delivery of documents shall be
in accordance with Article 11.4 herein.
The Consultant may terminate this Agreement for cause in the event that
the City, acting through its Project Coordinator or otherwise, willfully violates any
provision of this Agreement or unreasonably delays payment for the Services, upon written
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notice to the City thirty (30) days prior to termination. In the event, payment for Services
satisfactorily performed prior to the date of termination shall be made in accordance with
Article 11. 4 herein.
The Consultant shall have no right to terminate this Agreement for
convenience of the Consultant, without cause.
8.2 TERMINATION FOR CAUSE
In the event this Agreement is terminated by City for cause, the City,
acting through the City Manager, may take over the Consultant's Services and complete
them, by contracting with another Consultant(s) or otherwise, and in such event, the
Consultant shall be liable to the City for any additional cost incurred 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.
Payment for Services satisfactorily performed by the Consultant prior to
receipt of notice of Termination for Cause, and accepted by the City, shall be made in
accordance with Article 9 herein and City shall have no further liability for compensation
expenses or fees to Consultant except as set out in Article 11.
Upon receipt of written notice of termination, the consultant shall, when
directed by the City, promptly assemble and submit as provided herein or as required in
the written notice hereunder, all documents including reports, drawings, calculations,
specifications correspondence, and all other relevant materials affected by such termination.
In the event of Termination for Cause, no payments to the Consultant
shall be made: (1) for Services not satisfactorily performed; and (2) for assembly of
submittal of documents for the Service performed satisfactorily or unsatisfactorily.
8.3 TERMINATION FOR CONVENIENCE
8.3.1 NON-EXCLUSIVE PROVISIONS
In the event the City causes abandonment, termination, or suspension of
the Consultant's Services or parts thereof without cause as provided in Section 8.1 herein,
the Consultant shall be compensated for all Services rendered up to the time of receipt of
said abandonment, termination, or suspension, and for the assembly and submittal to the
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City of affected documents for the Services performed shall be in accordance with Article
11.2 and 11.3 herein.
8.4 IMPLEMENTATION OF TERMINATION
In the event of termination either for cause or for convenience, the
Consultant, upon receipt of the notice of terminatio~, shall: stop the performance of
Services under this Agreement on the date and to the extent specified in the notice of
termination; place no further orders or subcontracts except as may be necessary for
completion of any portion(s) of the Services not terminated, and as authorized by the
written notice; terminate all orders and subcontracts to the extent that they relate to the
performance of the Services terminated by the notice of termination; transfer title to the
City (to the extent that title had not already been transferred); and deliver in the manner, at
the times, and to the extent directed by the City, all property purchased under this
Agreement and reimbursed as direct item of cost and not required for completion of the
Services not terminated; promptly assemble and submit as provided herein all documents
for the Services performed, including reports, drawings, calculations, specifications,
correspondence, and all other relevant materials affected by the termination; and complete
performance of any Services as shall not have been terminated by the notice of termination.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 GOVERNING LAWS
This Agreement shall be govemed by the laws of the State of Florida.
9.2 STATUTE OF LIMITATIONS
As between the parties to this Agreement; as to all acts or failures to act
by either party to this Agreement, any applicable statute of limitations shall commence to
run and any alleged cause of action shall be deemed to have accrued in any and all events
not later than the relevant Date of Substantial Completion of the work and the issuance of
the temporary certificate of occupancy, and as to any acts or failures to act occurring after
the relevant Date of Substantial Completion, not later than the date of issuance of the final
Certificate for Payment.
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9.3 NON-SOliCITATION
The Consultant warrants that it has not employed or retained any
company or person, other than an employee working solely for the Consultant, to solicit or
secure this Agreement; and that it has not paid, nor agreed to pay any company or other .
person any fee, commission, gift, or other consideration contingent upon the execution of
this Agreement. For breach or violation of this warranty, the City has the right to annul
this Agreement without liability to the Consultant for any reason whatsoever.
9.4 LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so d~ing 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 sum of compensation payable pursuant to Schedule A. 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
compensation payable pursuant to Schedule A, less the amount of all funds actually paid by
the City to Consultant pursuant to this Agreement.
Accordingly, and notwithstanding any other term or condition of this
Agreement, Consultant hereby agrees that the City shall not be liable to Consultant for
damages in an amount in excess of compensation payable pursuant to Schedule A, which
amount shall be reduced by the amount actually paid by the City to Consultant pursuant to
this Agreement, for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this
Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in
any way intended to be a waiver of the limitation placed upon City's liability as set forth in
Florida Statutes, Section 768.28.
To the maximum extent permitted by law, Consultant's liability for
Owner's damages for any cause or combination of causes will, in the aggregate, not exceed
the sum of the compensation received by Consultant pursuant to Schedule A. This Article
takes precedence over any conflicting Article of this Agreement or any document
incorporated into it or referenced by it.
MIA64/01S oS 1
16
9.5 ARBITRATION
All claims, disputes, and other matters in question between the Consultant
and the City arising out of, or relating to this Agreement, the Project, the Work, the
Construction Documents or the breach thereof may, at the City's or Consultant's option, "
and only upon the exercise of that option by the City or Consultant, together or separately,
as the City or Consultant see fit, be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration Association as
modified hereby.
Any arbitration arising out of or relating to this Agreement, the Project,
the Work, the Construction Documents, or ,the breach thereof may include by
consolidation, joinder, or in any other manner, at the City's or Consultant's option, any
other entities or persons whom the City or the Consultant believes to be substantially
involved in a common question of fact or law. In the event that more than one claim,
dispute, or other matter in question shall be in existence at the same time, the City or
Consultant may, at their option, decide which of such claims, disputes, or other matters in
question shall be arbitrated and which shall not be arbitrated. Such decision shall be final
and unappealable, and no arbitration shall be authorized to consider, decide, or make any
award on any claim or matter which City has determined shall not be arbitrated.
The City or Consultant shall have the right, but not the obligation, by so
electing in its arbitration demand, to invoke the following method of selection of arbitrators
in lieu of that otherwise provided by the American Arbitration Associates Rules. If the
City or Consultant so elects in its notice of demand for arbitration, the City or Consultant
may appoint one party-appointed arbitrator in its notice of demand for arbitration. If the
City does so, the Consultant may, within ten (10) days, appoint a second party-appointed
arbitrator. These two party-appointed arbitrators shall, within thirty (30) days, or such
further time as may be agreed upon between the City and the Consultant, appoint a third
arbitrator. If the party-appointed arbitrators fail to appoint a third arbitrator, the third
arbitrator shall be appointed in accordance with the Construction Industry Arbitration Rules
of the American Arbitration Association. The City or Consultant may elect in its notice of
demand for arbitration, to have the discovery rights and procedures provided by the Florida
Rules of Civil Procedure to be available and enforceable within the arbitration proceeding.
MlA64/OlS.51
17
In any case in which the City or Consultant elects to submit a claim,
dispute, or other matter in question to arbitration as provided herein, the City or the
Consultant shall select the locale for the arbitration. Any request or demand for arbitration
hereunder shall be made before the date when institution of legal or equitable proceedings
based on such claim, dispute, or other matter in question would be barred by the applicable
statute of limitations.
This agreement to arbitrate shall be specifically enforceable by the City or
Consultant under the prevailing arbitration law. Any award rendered by arbitrators shall be
fmal and enforceable by any party to the arbitration, and judgment may be rendered upon
it in accordance with applicable law in any court having jurisdiction thereof.
Consultant and City mutually agree to arbitrate under the terms and
conditions outlined in this Article.
Unless otherwise agreed in writing, and notwithstanding any other rights
or obligations of either of the parties under this Agreement, the Consultant shall carry on
with the performance of its services and duties hereunder during the pendency of any
claim, dispute, other matter in question or arbitration, or other proceeding to resolve any
claim, dispute, or other matter in question, and the City shall continue to make payments to
the Consultant in accordance with this Agreement, but the City shall be under no obligation
to make payment to the Consultant on or against such claims, disputes, or other matters in
questions, during the pendency of any arbitration to other proceeding to resolve such
claims, disputes, or other matters in question.
ARTICLE 10. EXTENf OF AGREEMENf
10.1 This Agreement represents the entire and integrated agreement between
the City and the Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both City and Consultant utilizing the same formalities as were used
for its adoption.
MlA64/01S.51
18
ARTICLE 11. BASIS OF COMPENSATION
11.1 COMPENSATION FOR SERVICES
11.1.1 Consultant shall be compensated as set forth in Schedule A and Schedule
B which is appended to this Agreement and incorporated by reference herein.
11.1.2 For reimbursable expenses as described in Article 5, the Consultant shall
be paid the exact amount expended by the Consultant and consultants in the interests of the
project subject to the Consultant furnishing adequate documentation of the expenses and, it
required, demonstrating to the satisfaction of the City that the expense was in the interest
of the Project.
11.1.3 Payments will be considered due thirty (30) days from receipt by the City
of a detailed statement or invoice.
11.2 PAYMENTS ON ACCOUNT OF BASIC SERVICES
11.2.1 Payments for Basic Services shall be made monthly upon presentation and
receipt of Consultant's invoice or statement based on agreed percent completion of work.
Payments for Resident Project Representative Service shall be invoiced monthly and
divided equally for the construction phase.
11.3 PAYMENT ON ACCOUNT OF ADOmONAL SERVICES
11.3.1 Payment on account of the Consultant's additional services as defined in
Section 2.2 and for reimbursable expenses defined in Article 5 shall be made within thirty
(30) days of presentation of the Consultant's detailed statement or invoice of services
rendered or expenses incurred which shall be rendered in duplicate to the City Manager.
11.4 PROJECT SUSPENSION OR TERMINATION
11.4.1 If the Project is suspended or abandoned in whole or in part for more
than three (3) months, the Consultant shall be compensated for all services performed prior
to receipt of written notice from the City of such suspension or such abandonment, together
with reimbursable expenses then due. If the project is resumed after being suspended for
more than three (3) months, the Consultant's compensation shall be equitably adjusted.
MlA64/01S.S1
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, .
ARTICLE 12. INSURANCE
The Consultant shall comply throughout the term of this Agreement with
the insurance stipulated herein. It is agreed by the parties that the Consultant shall not
commence with this Project until proof of the following insurance coverage has been
furnished to the City. The Consultant will maintain in effect the following insurance
coverages:
(a) Architects and Engineers Professional Liability Insurance in the amount of
Three Million ($3,000,000) Dollars annual aggregate on a claims made basis.
(b) Comprehensive General Liability Insurance in the amount of One Million
($1,000,000.00) Dollars Single Limit Bodily Injury and Property Damage coverage for
each occurrence, which will include products, completed operations, and contractual
liability coverages. The City must be named as an additional named insured on this policy.
(c) Worker's compensation and employer's liability coverage within the
statutory limits of the State of Florida.
(d) Thirty (30) days prior written notice of cancellation or a substantial
modifications in the insurance coverages must be given by the Consultant to the City
Manager.
(e) The insurance must be furnished by an insurance company rated A:X or
better, or its equivalent, according to Bests' Guide Rating Book and must additionally be
fumished by insurance companies duly authorized to do business in the State of Florida and
countersigned by the company's Florida resident agent.
ARTICLE 13. INDEMNIFICATION
13.1 In consideration of a 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 to the proportionate extent that they may arise out of the performance of this
Agreement as a result of any negligent or wrongful act or omission of the Consultant, or
the Consultant's sub-consultants, if any, or any other person or entity under the direction
MIA64/01S.51
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or control of Consultant. The Consultant shall pay all claims and losses of any nature
whatsoever in connection therewith 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 costs, judgments and attorneys' fees which may issue
thereon.
ARTICLE 14. ADDmONAL CONDmONS
14.1 ASSIGNMENT
The parties each hereby bind themselves, their successors, assigns and
legal representatives to each other with respect to the terms of the Agreement. Neither
party shall assign, sell, pledge or otherwise transfer this contract or any portion thereof,
without written authorization and consent of the other party to this Agreement. The parties
agree that the Consultant's services are unique in nature and that the Consultant may only
receive such authorization by way of a City Commission resolution.
14.2 COMPLIANCE WITH ALL LAWS
The Consultant, its consultants, agents and employees and sub-
contractors, shall comply with all applicable federal, state and county laws, the charter,
related laws and ordinances of the City of Miami Beach, and with all applicable rules and
regulations promulgated by local, state, and national boards, bureaus and agencies.
14.3 VENUE
This Agreement shall be enforceable in Dade County, Florida, and if
legal action is necessary by either party with respect to the enforcement of any and all of
the terms or conditions herein exclusive venue for the enforcement of same shall lie in
Dade County, Florida. Arbitration proceedings shall take place in Dade County, Florida.
14.4 NOTICES
All written notices given to the City by the Consultant shall be addressed
to the City Manager, City of Miami Beach, 1700 Convention Center Drive, Miami Beach,
Florida 33139, with a copy to the City Attomey, 1700 Convention Center Drive, Miami
Beach, Florida 33139, and the designated Project Coordinator. All written notices from
the City to the Consultant shall be addressed to the Consultant, CH2M HILL, Inc., 2828
MIA64/01S.51
21
Coral Way Building, 2828 Coral Way, Suite 440, Miami, Florida 33145. All notices
mailed by either party shall be deemed to be sufficiently transmitted if sent by certified
mail, retum receipt requested.
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.
ATIEST:
By
~vkA ?, ~--
CITY CLERK
CONSULTANT:
CH2M HILL, INC.
BY',a.~~'2,~
(Signa e)
Isabel B. Gonzalez-JettinQhoff
(Type Name of Person Signing)
ATIEST:
~/~ /l)e/~
Co rate Secretary
EliZnhprh A M~AnRmQ
(Type Name of Person Signing)
MIA64/01S.51
22
SCHEDULE A
Task Order No. 1
City of Miami Beach
Stormwater Management Program
Scope of Services
This scope of services is organized into the following sections:
· Introduction
· Objectives
· Scope of Work
· Support to be Provided by the City of Miami Beach
· Cost and Schedule of Deliverable
Introduction
This task order is attached to the non-exclu~.ve ment between the City of Miami
Beach (City) and CH2M HILL, Inc., dated I It , authorizing CH2M HILL to
provide professional services for the developmen of a stormwater management program
for the City of Miami Beach.
Objectives
The purpose of the City of Miami Beach Stormwater Management Program is to provide
comprehensive stormwater utility services, including compliance with State of Florida
water quality standards, to the residents of the City. Accomplishing this objective
requires a complete understanding of the existing stormwater facilities, including an
inventory of existing facilities, characterization of the catchments served by these
facilities, and estimation of the current leve1-of-service provided. This information will
be used to identify needed improvements and to develop alteOllitives to satisfy the
identified needs. Each alternative will be evaluated according to criteria established with
the City, and the alternative that best meets the City's objectives will be selected. When
the appropriate alternative has been selected, the associated improvements will be
designed, permitted, built, and operated.
This scope of services identifies the major tasks involved in the development of a
comprehensive stormwater management program for the City. These tasks are divided
into the following four major phases:
DFB1OO13069.WP5
I
.
Phase I. Preliminary Investigation
Phase II. Alternative Analysis
Phase ill. Facilities Design
Phase IV. Construction SuJ?ClVision
.
.
.
The objectives of Phase I are to (1) establish the overall goals and objectives of the
Stonnwater Management Program including level-of-service, (2) develop an
understanding of the existing stonnwater management system, and (3) identify possible
alternatives for providing an improved level of service. Phase II will involve evaluating
and comparing the identified alternatives, including developing cost and perfonnance
comparisons relative to the goals of the program. Phase II will also involve a public
infonnation program to communicate the objectives of the program to the public and
solicit infonnation for the final decision-making process.
Upon completion of Phases I and .11, a comprehcmsive stonnwater management master
plan will be developed for the City, which will be consistent with the stonnwater
management master plan for unincorporated Dade County. Whenever possible, the
Stonnwater Management Master Plan under development for unincorporated Dade
County will be used as a reference to maintain consistency within Dade County and to
minimize duplication of effort between the two master plans. Phase II will also include
development of a 5-year fiscal plan for master plan implementation. Phase ill, Facilities
Design, and Phase IV, Construction, will implement the improvements selected in the
master plan.
Scope of Work
The scope of work describes the specific work to be perfonned by CH2M IITLL, as well
as support to be provided by the City, for only Phases I and II of the stonnwater
management program. A cost estimate associated with the implementation of the
engineering services to be provided are also included.
DFBlOOI3069.WPS
2
Phase I. Preliminary Investigation
The following tasks will be completed as part of Phase I:
~ Description
A Kick-off Meeting with City Staff
B Technology Assessment for Alton Road and 10th Street
C Stormwater Planning Procedures Manual
D Presentation to City Commission
E Data Collection
F Pilot Study ,
G Hydrologic, Hydraulic, and Water Quality Modeling
H Alternatives Identification
I Preliminary Investigation Report
.
Task A. Kick-off Meeting with City Staff
Within 5 working days of receipt of a written notice-to-proceed, a meeting with City staff
will be conducted to exchange information about previous stormwater management efforts
and experiences, particularly those relating to National Pollutant Discharge Elimination
System (NPDES) pennitting and historical flooding within the City. The meeting will
address the project schedule, coordination requirements with the City's roadway
improvement projects, information required, and project goals. The meeting will also
address the City's needs for developing immediate recommendations for the Alton Road
and 10th Street area. At the meeting, the City will provide CH2M HILL with copies of
the following documents, as well as any other documents or data relevant to the .
stormwater management plan:
· City Comprehensive Plan
. Existing City stormwater management Master Plans or reports
. City NPDES Stormwater Permit Application
. City ordinances, regulations or guidelines for property development
relating to stormwater management
Deliverable:
I-I CH2M HIIL will attend the meeting and provide jive copies of meeting
minutes.
DFBlOOI3069.WPS 3
Task B. Technology Assessment for Alton Road and 10th Street
CH2M HILL will visit the site and collect information from the City relating to historical
flooding problems in the Alton Road and.~Oth Street area. Various alternatives for
minimizing the tidal influence will be investigated, including flap gates and other flow
control devices. CH2M HILL will provide the City with a draft technical memorandum
defining the problem and summarizing the advantages and disadvantages of different
technologies, with a recommendation for implementation of the preferred alternative. A
meeting will be held with City staff to discuss the recommendations outlined in the TM.
The TM will be fip,lIi7.ed after incoIpOration of comments from City staff.
Deliverables:
1-2 CH2M HILL will prepare a draft TM recommending improveme1llS for the
Alton Road and 10th Street area, and meet with the City to discuss the TM.
Five copies of the draft TM will be provided.
1-3 Fifteen copies ofafl1lJll TM, incorporating comme1llSfrom the City, will be
provided.
Task C. Stonnwater Planning Procedures Manual
CH2M HILL will review planning documents that may potentially affect the development
of the City's stormwater management plan, including information related to the City's
NPDES permit application, past stormwater master plans prepared by the City or County,
City Comprehensive Plan documents, existing and future land use maps, capital
improvement and maintenance budgets, and the City's stormwater facility inventory.
The Stormwater Planning Procedures Manual prepared by CH2M HILL for the Dade
County Department of Environmental Resource Management (DERM) will be reviewed
with the City at a meeting with the staff, and revised for use by the City. The manual
will address level-of-service goals and indicators for flood control and water quality;
design storm frequency and duration; and criteria for ranking of identified problems and
alternative solutions. The proposed level-of-service goals are expected to be similar to
those adopted by Dade County, but may include exceptions for special conditions such as
those encountered at the City. The manual will also include a discussion of computer
model selection.
The Storm Water Management Model (SWMM) is expected to be used for hydrologic
and hydraulic modeling of the City's stormwater system. SWMM is currently the
hydrologic and hydraulic modeling tool selected by DERM for use in the Dade County
Stormwater Management Master Plan development. Spreadsheet pollutant loading models
will likely be used for water quality analyses.
DFBlOOI3069.WPS
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, .
CH2M HILL will arrange a meeting with the City and DERM staff to review any
changes in the stonnwater planning procedures, and will provide the City with minutes
from the meeting.
Deliverables:
1-4 CH2M HILL will provide the City with jive copies of a draft Stonnwater
Plonning Procedures Manual.
1-5 CH2M HIlL wiYallend a meeting with DERM and provide the City with
five copies of meeting minutes.
Task D. Presentation to City Commission
The Stonnwater Planning Procedures Manual will be used in subsequent tasks for
quantifying the existing level-of-service, identifying problem areas, and ranking proposed
projects for improving the 1evel-of-service. CB2M HILL will assist the City staff in
presenting the Stonnwater Planning Procedures Manual to the City Commission, focusing
on achieving consensus on the proposed level-of-service goals and procedures to identify
problem areas and rank proposed projects.
Deliverables:
1-6 CH2M HIlL wiY assist City stoff in presenting the draft Stonnwater
Planning Procedures Manual.
1-7 CH2M HIlL will finalize the Stormwater Planning Procedures Manual
based on C017l11U!1IJS received at the Commission 11I!!eting, and provide the
City with fifteen copies.
Task E. Data CoUection
CH2M HILL will interview staff and review available records to collect information
~ated to historical flooding and water quality problems within the City. This task may
include up to 5 interviews with City maintenance workers and/or private citizens to
determine high water elevations and to compile historical water quality sampling data.
Information related to the City's existing stonnwater facility inventory will be reviewed,
and interviews will be conducted with City staff to determine data 3CCUIllCy and
completeness. Necessary field surveys will be identified for gathering additional
stonnwater system information, such as pipe locations, diameters, lengths, and invert
elevations. Other information which may need to be gathered includes the sizes and
locations of stonnwater infiltration facilities, such as french drains, slab-covered trenches,
DFBlOOI3069.WPS
5
and drainage wells and spot elevations that will improve the definition of surface drainage
pattems. This task does not include surveying or collection of new data.
A vai1able topographic maps, pian records, and field data will be used to review and
modify the drainage basin boundaries previously developed by the City. Characterizing
drainage patterns upstream of known problem areas will be apriority.
Genera1land use and soil categories within each drainage basin will be tabulated, along
with other information such as rainfa1I and tidaI data. Land use categories will be
associated with appropriate runoff coefficients such as the percent of impervious area
directly connected to the sub-basin outfall. Soils will be described using u.S.
Department of Agriculture Soil Conservation Service (SCS) information and assigned
hydrologic soil group categories. Other avai1able soils data such as the depth to the
seasonaIly high groundwater table will be evaluated, as will data related to rainfa1I events
and tidal fluctuations near Miami Beach will be used where appropriate.
CH2M HILL will also review the City's existing operations and maintenance (O&M)
program to confinn and recommend modifications for improving the typ<is and
frequencies of O&M currently performed. This will include O&M activities for different
components of the storm drainage system.
The City will provide CH2M mLL with all existing relevant data and documents, which
may include:
· Existing storm sewer maps, including facility elevations, materials 'and
sizes
· Soils maps and permeability data
· Land use maps and information
· Location of state and county-maintained roadways and drainage facilities
· Existing water quality data
· Tidal and rainfa1I data
· Summary report of citizen complaints, including a map showing'locations
and type of problem (property or street flooding, water quality)
· Description of current stormwater operations and maintenance program,
including budget
· Existing stormwater and roadway capital improvements plan, including
schedules and budgets
DFBlOOI3069,WPS 6
CH2M HILL will prepare a TM summarizing the task, and identifying additional data
needs. A distinction will be made between data needed to complete the master planning
analysis and data that will be needed for refined analysis before facilities design. The
City's comments on the TM will be inco1JK>rated into the Phase I report.
Deliverable:
1-8 CH2M HILL will prepare a technical memorandum (1M) summarizing the
data available and identifYing additional data needs. Five ClJpies will be
provided to the City.
Task F. Pilot Study
To refine the analysis methodology, a pilot drainage basin (potentially the South Beach
area) will be selected for analysis by CH2M HILL and the City. The selected basin will
be divided into no more than 5 sub-basins for analysis. CH2M HILL will conduct a one-
day field reconnaissance of the basin to assess existing conditions. Hydrologic and
hydraulic modeling using SWMM, and water quality modeling using pollutant loading
spreadsheets, will be performed for the pilot basin.
The pilot basin modeling, along with the modeling sensitivity analysis performed for
DERM, will be used to identify any special modeling needs or problems. Depending on
available data, the SWMM modeling will be calibrated and verified based on high-water
elevations and flows, using up to 10 computer runs. Up to 10 additional computer runs
will be performed to supplement the sensitivity analysis results from the DERM
modeling. Finally, up to 5 computer runs will be performed for the different design
storms selected in the Stormwater Planning Procedures Manual.
A TM will be prepared for the City, summarizing the results of the pilot study. A
meeting will be held with City staff to review the TM. Comments on the TM will be
incorporated into the Phase I report.
Deliverables:
1-9 CH2M HILL will present the results of the pilot study to the Oty in a TM,
which will include any recommendations for modeling the remaining sub-
basins. Five copies will be provided to the Oty.
Task G. Hydrologic, Hydraulic, and Water Quality Modeling
Information collected in previous tasks will be used to perform hydrologic, hydraulic, and
water quality modeling of existing and build-out conditions. Drainage basins will be
divided into appropriate sub-basins, for a total of up to 25 sub-basins within the City.
Hydrologic parameters for each sub-basin will be developed from topographic, soils, and
land use information. A one-day field reconnaissance will be conducted to assess existing
DFB1OOI3069.WPS
7
conditions, and the City's Comprehensive Plan will be used to establish build-out land
use conditions.
A meeting will be held with City staff to ~ew the sub-basin delineations and to select
modeling conditions for different computer runs. To the extent possible, simulations will
be verified using historical flooding and elevation information. A maximum of 15
computer runs of the hydrologiclhydraulic model will be performed, including existing
and build-out conditions, different design storms, and verification.
Representative pollutant concentrations for stormwater runoff from different land uses
will be taken from data collected by DERM, and used to calculate average annual
pollutant loading for the following parameters:
1. 5-day biochemical oxygen demand (BOD-5)
2. Chemical oxygen demand (COD)
3. Total suspended solids
4. Total dissolved solids
5. Total nitrogen
6. Total ammonia + organic nitrogen
7. Total phosphorus
8. Dissolved phosphorus
9. Cadmium
10. Copper
11. Lead
12. Zinc
Loading estimates will be calculated for each sub-basin as the product of annual average
runoff volume, pollutant event mean concentrations, and the average pollutant re.tention
capacity of existing controls. Annual average runoff volume will be estimated as the
product of average storm rainfall, drainage area, and a land use weighted runoff factor.
The runoff factor will be estimated as equal to the percent imperviousness of the area.
The average pollutant retention capacity of existing controls will be estimated using the
techniques and results published by DERM in TM No. 2 Stonnwater Control
Technologies Perfo171U11lCe and Cost. .
The simulation results will be used to determine the existing and build-out levels of
service for flood control and the water quality for each sub-basin. Problem areas for
build-out conditions will be identified and ranked according to criteria developed and
presented in the Stormwater Planning Procedures Manual. Two TMs will be provided to
the City, summarizing the modeling results, levels-of-service, and identified problem
areas, for flooding and water quality respectively. Comments on the TMs will be
discussed during the workshop in Task H, and incorporated into the Phase I report.
DFBlOOI3069.WPS
8
Deliverables:
1-10 A TM will be prepared summarizing the hydrologiclhydraulic modeling
results, existing and build-outlevels of service for flooding, and identified
problem areas. Five copies of the TM will be provided.
I-II A TM will be prepared summarizing the pollutant loading estimates,
existing and build-outlevels of service for water quality, and identified
problem areas. Five copies of the TM will be provided.
Task H. Alternatives Identification
A workshop will be held with City staff to discuss the results of the existing and build-
out condition simulations and to identify potential flood control and water quality
solutions for build-out conditions; Both structural and nonstructural solutions that could
potentially meet the requirements of DERM and the Part 2 NPDES permit application
will be considered. The Dade County publication Stormwater Control Technologies
PerfoT7TUl1/Ce and Cost, which is being developed by CH2M BILL, will be used as a
reference in selecting potential water quality improvement alternatives. The alternatives
will be Screened to select up to 15 potential projects for further analysis during Phase II.
CH2M BILL will prepare a TM summarizing the meeting discussions and presenting all
the altematives considered and those selected for further analysis in Phase II. The City's
comments on the TM will be incorporated into the Phase I report.
Deliverable:
1-12 CH2M HIIL will meet with the City and prepare a TM sununarizi!lg the
alternatives to be investigated in Phase II. Five copies of the TM will be
provided to the City.
Task 1. Preliminary Investigation Report
CH2M BILL will prepare a draft Preliminary Investigation Report for the City
summarizing the Phase I work efforts. The report will be drawn from TMs produced in
earlier tasks, and will incorporate the City's comments on the TMs. Portions of this
report will be incorporated into the final master plan at the conclusion of Phase II.
Deliverable:
1-13 CH2M HIIL will prepare a draft report summarizing Phase I, and provide
the City with fifteen copies.
DFBlOOI3069.WPS
, 9
..
Phase ll. Alternatives Analysis
The following tasks will be completed as part of Phase II:
:Dl.sk Dp.<r.1iption
A Alternative Development
B Alternative Evaluation
C Operation and Maintenance (O&M) Program
D Fiscal Program
E Draft Master Plan Report
F Public Information Program
G Final Report
Task A. Alternatives Development
The potential solutions identified in Phase I will be reviewed in a Phase II ldck-off
meeting with the City. CH2M mLL will develop details of the flood control and water
quality alternatives so they can be evaluated with the hydrologic, hydraulic, water quality
computer model(s). This definition process will include the preliminary locations and
sizing of stormwater facility structures for up to IS alternatives.
Each of the alternatives will be analyzed with the hydrologic, hydraulic, water quality
computer model(s). Alternatives will be refined during the evaluation process (Task B)
to identify the best combination of structural and/or non structural solutions that meet the
goals of the stormwater management plan. Assumptions will be made jointly with the
City to address areas with insufficient data. No additional data collection will be
performed as part of this task.
This task includes running the hydrologic/hydraulic model for five design storms and one
revision of the alternative configuration (up to 10 times for each alternative). In addition,
CH2M mLL will estimate the reduction in average annual pollutant loading (pound per
year). Pollutant removal efficiencies and mean concentrations will be the same as those
used in Phase I. Post-improvement pollutant loads will be estimated using the procedures
developed in Phase I.
CH2M mLL will prepare a draft TM summarizing the simulation analyses, and attend a
meeting with the City to review the results. Based on the City's comments, the
alternatives may be modified somewhat for further evaluation, and the TM revised.
Comments on the second- draft of the TM will be incorporated in the final Master Plan
report.
DFBlOOI3069.WPS
10
Deliverables:
//-/ CH2M HIIL will prepare a draft TM sU17l11Ul1'izjng the results of the
alternatives analysis. Five.copies will be provided to the City.
//-2 CH2M HIIL will revise the alternatives analysis based on comme1llS from
the meeting and redraft the TM. Five copies will be provided to the City.
Task B. Alternatives Evaluation
Planning-level present worth and equivalent annual cost estimates will be developed for
each of the flood control and water quality alternatives identified above. Facility,
operation, and maintenance costs will be included in this evaluation. In addition,
qualitative criteria, as defined in the Stormwater Planning Procedures Manual, will be
evaluated.
Each of the alternatives developed in Phase II, Task A, will be summarized. The
discussion will describe how well the alternative meets the level-of-service goals and
provide estimates of the long-term cost of implementation. Alternatives will be assigned
a preliminary ranking according to criteria established in the Stormwater Planning
Procedures Manual, which will be based largely on the procedures developed for Dade
County.
CH2M HilL will conduct a workshop with City staff to discuss the results of the
alternatives evaluation. The workshop will focus on the final ranking of alternatives for
the stormwater master plan.
Deliverables:
//-3 CH2M HIIL will provide five copies of a TM summarizing the alternatives
evaluation.
//-4 CH2M HIIL will condua a worksJwp with City staff to discuss the results
of the alternatives evaluation and provide five copies of the meeting
mi1lUles.
Task C. Operation and Maintenance (O&M) Program
Development of an operation and maintenance (O&M) program will include a review of
the City's existing O&M program, along with a review of the O&M program developed
for unincorporated Dade County. DERM is expected to complete development of their
program by December 1993. The following issues will be addressed:
· O&M activities
· O&M frequency and schedule
DFB1OOI3069.WPS 11
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· Annual costs
· Expected benefits
. Administrative and labor requirements
· Equipment needs
· Right-of-way requirements
O&M activities identified in Task B as a high priority for increasing the stonnwater
utility level of service will be incorporated into the recommended O&M program.
CH2M HILL will prepare a TM summarizing the O&M program, and meet with the City
to review the TM. Comments will be incorporated into the final Master Plan report.
Deliverable:
11-5 CH2M HILL will prepare jive copies of a 1M for the City outlining the
recommended O&M program.
Task D. Fiscal Program
On the basis of projects and O&M activities identified for implementation in Tasks B and
C, a 5-year fiscal program will be developed for the City. Capital projects will be
scheduled according to the ranking developed in Task B above, and O&M costs from the
program developed in Task C will be included. The result will be an annual plan for
expenditures needed to improve the stonnwater utility level of service to more closely
meet the desired level-of-service goals established in Phase I.
CH2M HILL will meet with City staff to discuss fiscal program needs and options. The
plan will address alternatives for financing improvements, including the use of
stonnwater utility revenues to support debt service on revenue bonds. This fiscal
program will be developed in close cooperation with City finance staff, and will address:
· Capital expenditures
· Funding and financing options
· Operation and maintenance costs
· Source of funds
· Legal restrictions on the use of funds
CH2M HILL will prepare a TM summarizing the fiscal program, and meet with the City
to review the TM. Comments from the City will be incorporated into the final master
plan report.
Deliverable:
11-6 CH2M HIU will prepare a 1M summarizing the 5-year fiscal program for
the City to review. Five copies will be provided to the City.
DFBIOOI3069.WPS 12
.'
Task E. Draft Master Plan Report
From the information presented in the TMs prepared previously, a draft stormwater
master plan report will be prepared that summarizes the work completed in Phases I and
II. The Master Plan will include a list of recommended improvements ranked in priority
order according to criteria established in Phase I, Task: B, needed to achieve the City's
stormwater management level-of-service goals. The report will address the City's
comments on previous TMs.
CH2M HILL will assist the City staff in conducting a workshop with the City
Commission on the definition and ranking of flood control and water quality alternatives.
The workshop should focus on the selection of the final altP.rnll"Ve(S).
Deliverab1es:
II-7 CH2M HIIL wiU provide the City with fifteen copies a drqft 1IUJSter plan
. report.
11-8 CH2M HILL will assist City stoff in conducting a workshop with the City
Commission.
Task F. Public Information Program
CH2M HILL will develop a recommended public information program for
implementation during Phase ill. The program may include brochures, summary
documents, slide presentations, graphics, and/or other materials, as appropriate, to
support the implementation of the stormwater management plan. Public information
meetings may be included to support City staff efforts in educating the public about the
stormwater management plan and the chosen flood control and water quality
altemative(s). This task: does not include preparation of public information materials.
CH2M HILL will attend five (5) public meetings and will assist the City in the
presentations at no cost to the City. Meetings may include presentation at civic
organizations or public schools. Development of public information materials will be
included in Phase ill. A meeting with City staff will be held to review the recommended
public information program.
Deliverable:
11-9 CH2M HIIL will prepare a TM with recommendolions for a public
infonnaJion program, including a description of the elements to be included
and a schedule. Five copies of the TM wiU be provided to the City.
DFBIOOI3069.WPS 13
"
.'
". "
Task G. Final Master Plan Report
After final review comments from City staff and from the City Commission workshop
have been received, the master plan report will be finali7eO. CH2M HIlL will assist the
City in presenting the highlights of the report at a City Commission meeting.
Deliverable:
11-10 CH2M HILL wiU provide the Qty withjifteen copies ofthejinal Master
Plan Report.
11-11 CH2M HILL will assist the aty stqffin prese1lting the Final Master Plan
report to. the aty Commission.
Support to be Provided by the City
In order to successfu1ly complete this project, the following support, in addition to
specific items included in the task descriptions above, is needed from the City:
· Attendance of appropriate staff members at all meetings
· Access to City staff for interviews
· Access to City documents and facilities as needed
· Copies of all previous studies, maps, data, and reports re1ating to
stormwater
· Review of deliverable documents before scheduled review meetings
· Written comments, consolidated into a single document, on each
deliverable document within 14 calendar days following receipt from
CH2M HIlL
· Scheduling of City Commission meeting presentations
Cost and Schedule of Deliverables
Table I summarizes the deliverables and the lump sum cost due upon completion of each
deliverable as outlined in the Non-exclusive Professional Services Agreement, Article 9.
Figure 2 shows a tentative schedule for completion of the deliverables. Table 3
summarizes the labor rates for CH2M HIlL personnel.
DFB1OOI3069.WPS
14
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