HomeMy WebLinkAboutR-2021-068 WSP USA, Inc. Substitution of Contract Agreement for SE Drainage Project - Phase II Engineering Consulting ServicesRESOLUTION NO.2021-068
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE SUBSTITUTION OF THE
CONTRACT AGREEMENT FOR ENGINEERING CONSULTING SERVICES
FOR ENGINEERING DESIGN SERVICES, BIDDING SUPPORT, DESIGN
SERVICES DURING CONSTRUCTION, AND PROJECT CERTIFICATION
FOR THE SOUTHEAST DRAINAGE PROJECT — PHASE II TO WSP USA,
INC., IN THE AMOUNT NOT TO EXCEED EIGHT HUNDRED EIGHTY
THOUSAND FOUR HUNDRED SEVENTY ONE DOLLARS AND EIGHTY
SEVEN CENTS ($880,471.87); AND AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE THE SUBSTITUTE AGREEMENT; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 25, 2020, the City Commission authorized the award under the
request for qualifications (RFQ) No. 19-014 to WSP USA, Inc., for engineering design services,
bidding support, design services during construction, and project certification for the Southeast
Drainage Project— Phase II; and
WHEREAS, on July 28, 2020, WSP USA, Inc., negotiated a final contract, which was
awarded by the City Commission pursuant to Resolution 2020-072; and
WHEREAS, the City is funding this project through the 2018 Broward County voter
approved 30-year sales surtax (also known as "Penny for Transportation") program, and through
a matching grant from the federal government; and
WHEREAS, Broward County has twice revised the underlying Interlocal Agreement and
has placed conditions on releasing the Penny for Transportation funds, including requiring certain
mandatory language in all contractor agreements, to ensure compliance with the Broward County
funding program; and
WHEREAS, as the City authorized the contract with consultant prior to Broward County
establishing its rules, the City Commission needs to approve the substituted contract that complies
with the county's rules; and
WHEREAS, the contractor has agreed to work with the City and has agreed to the
substituted agreement, which provides certain calculable goals be met before payments can be
disbursed; and
WHEREAS, the revised agreement does not change the price and term nor the scope of
services;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission authorizes the proper City officials to execute
the substituted Agreement with WSP USA, INC. for the Southeast Drainage Project — Phase II, in
the amount not to exceed eight hundred eighty thousand four hundred seventy one dollars and
eighty seven cents ($880,471.87).
Section 3. That the City Manager and City Attorney are authorized to make minor
revisions to the Agreement which are deemed necessary and proper and in the best interest of the
City.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall become effective immediately upon its passage
and adoption.
PASSED AND ADOPTED on May 11, 2021.
ATTEST:
THOMAS SCHNEIDER, CMC
CITY CLERK ee►� 40�
q$LISHE���
APPROVED ASVO FORM AND CORRECTNESS:
THOMAS J.
CITY ATTC
JAMES
YOR
2 RESOLUTION #2021-068
AGREEMENT BETWEEN CITY OF DANIA BEACH AND WSP USA INC. FOR
CONSULTANT SERVICES FOR SOUTHEAST DRAINAGE IMPROVMENTS PHASE 2
ENGINEERING DESIGN SERVICES, BIDDING SUPPORT, DESIGN SERVICES
DURING CONSTRUCTION, CONSTRUCTION ADMINISTRATION AND PROJECT
CERTIFICATION (RFQ NO. 19-014)
This Agreement ("Agreement") is made and entered by and between the City of Dania
Beach, Florida, a political subdivision of the State of Florida ("City"), and WSP USA INC., a New
York corporation, registered to do business in the state of Florida ("Consultant") (each a "Party"
and collectively referred to as the "Parties").
RECITALS
A. City has met the requirements of Section 287.055, Florida Statutes, the Consultants'
Competitive Negotiation Act, and has selected Consultant to perform the services hereunder.
B. City has met the requirements 2 C.F.R. ss 200.318 — through 200.326 as well as
Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts
Under Federal Awards") and has selected Consultant to perform the services hereunder.
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. DEFINITIONS
1.1 Board means the City Commission of the City of Dania Beach, Florida.
1.2 Contract Administrator means the Director of Public Services, the Deputy Director of
Public Services, or such other person designated by the Director of Public Services in writing. The
Contract Administrator is the representative of City concerning the Project.
1.3 Contractor shall mean the person, firm, corporation, or other entity who enters into an
agreement with City to perform the construction work for the Project.
1.4 County Business Enterprise or CBE means an entity certified as meeting the applicable
requirements of Section 1-81, Broward County Code of Ordinances.
1.5 Notice to Proceed means a written authorization to proceed with the Project, phase, or
task, issued by the Contract Administrator.
1.6 Project means South East Drainage Project.
1.7 Purchasing Director means City's Procurement Administrator or designee.
1.8 Services means the work set forth in Exhibit A, Scope of Services, and shall include civil,
structural, mechanical, and electrical engineering, architectural services, and other professional
design services as applicable for the Project, and any Optional Services procured under this
Agreement.
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1.9 Small Business Enterprise or SBE means an entity certified as meeting the applicable
requirements of Section 1-81, Broward County Code of Ordinances.
1.10 Subconsultant means an entity or individual providing services to City through Consultant
for all or any portion of the work under this Agreement. The term "Subconsultant" shall include
all subcontractors.
ARTICLE 2. EXHIBITS
Exhibit A Scope of Services
Exhibit B Maximum Billing Rates
Exhibit B-1 Reimbursables for Direct Non -Salary Expenses
Exhibit C Minimum Insurance Coverages
Exhibit D Work Authorization Form
Exhibit E CBE Subconsultant Schedule and Letters of Intent
Exhibit F Subconsultant Schedule
Exhibit G Federal Match Funding Agreement, for subrecipient /consultant
compliance standards
ARTICLE 3. SCOPE OF SERVICES
3.1 Consultant shall provide all Services as set forth in Exhibit A, including all necessary,
incidental, and related activities required for full and complete performance of this Agreement (the
"Scope of Services").
3.2 This Agreement does not delineate every detail and minor work task required to be
performed by Consultant to complete the Project. During the course of the performance of the
Services included in this Agreement, if Consultant determines that work should be performed to
complete the Project and, in Consultant's opinion, that work is outside the level of effort originally
anticipated, whether or not the Scope of Services identifies the work items, Consultant shall notify
Contract Administrator in writing in a timely manner before proceeding with the work. If
Consultant proceeds with such work without notifying the Contract Administrator, the work shall
be deemed to be within the original level of effort, whether or not specifically addressed in the
Scope of Services. Notice to Contract Administrator does not constitute authorization or approval
by City to Consultant to perform the work. Unless there is a dispute as set forth in Section 6.4,
any work performed by Consultant outside the originally anticipated level of effort without prior
written City approval shall be at no additional cost to City.
3.3 Exhibit A identifies the initial services related to the Project, and additional negotiations
may be required for other phases or additional services. City and Consultant may negotiate
additional services, compensation, time of performance, and other related matters, including for
other phases of the Project. Notwithstanding the foregoing, City shall have the right to terminate
negotiations at any time at no cost to City and procure services for other Project phases from any
other source.
3.4 City shall assist Consultant by placing at Consultant's disposal all information City has
available pertinent to the Project, including previous reports and any other data relative to design
or construction of the Project. City shall arrange for access to, and make all provisions for,
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Consultant to enter upon public and private property as required for Consultant to perform its
Services. City shall review any itemized deliverables and documents required to be submitted by
Consultant and respond in writing with any comments within the time set forth in Exhibit A. City
shall give prompt written notice to Consultant whenever City observes or otherwise becomes
aware of any material defect in the work of the Contractor or other material development that
affects the scope or timing of Consultant's Services.
ARTICLE 4. TIME FOR PERFORMANCE; CONTRACTOR
DAMAGES
4.1 Consultant shall perform the Services within the time periods specified in Exhibit A. Time
periods shall commence from the date of the applicable Notice to Proceed.
4.2 Consultant must receive a Notice to Proceed from the Contract Administrator prior to
commencement of Services and any phase of Services under this Agreement. Prior to granting
approval for Consultant to proceed to any phase, the Contract Administrator may, at his or her sole
option, require Consultant to submit the itemized deliverables and documents identified in Exhibit
A for the Contract Administrator's review.
4.3 If the Contract Administrator determines that Consultant is unable to complete Services
because of delays resulting from untimely review by City or other governmental agencies having
jurisdiction over the Project and such delays are not the fault of Consultant, or because of delays
caused by factors outside the control of Consultant, City shall grant a reasonable extension of time
for completion of the Services and shall provide reasonable compensation, if appropriate. It shall
be the responsibility of Consultant to notify the Contract Administrator in writing whenever a
delay in approval by a governmental agency is anticipated or experienced, and whenever a delay
has been caused by factors outside of Consultant's control, and to inform the Contract
Administrator of all facts and details related to the delay. Consultant must provide such written
notice to the Contract Administrator within three (3) business days after the occurrence of the
event causing the delay.
4.4 If (a) Contractor fails to substantially complete the Project on or before the substantial
completion date specified in its agreement with City, or (b) if Contractor is granted an extension
of time beyond said substantial completion date and Consultant's Services are extended beyond
the substantial completion date through no fault of Consultant, then Consultant shall be
compensated in accordance with Article 5 for all Services rendered by Consultant beyond the
substantial completion date.
4.5 Notwithstanding Section 4.4, if Contractor fails to substantially complete the Project on or
before the substantial completion date specified in its agreement with City, and the failure to
substantially complete is caused in whole or in part by Consultant, then Consultant shall pay to
City its proportional share of any claim for damages to Contractor arising out of the delay. The
provisions for the computation of delay costs, damages, or any other amounts, whether direct or
indirect, in the agreement between the Contractor and City are incorporated herein. This section
shall not affect the indemnification rights or obligations of either Party otherwise set forth in this
Agreement.
4.6 If Services are scheduled to end due to the expiration of this Agreement, at the request of
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the Contract Administrator, Consultant agrees to continue to provide Services for an extension
period, not to exceed three months, upon the same terms and conditions as contained in this
Agreement. Consultant shall be compensated for such Services at the rate in effect when the
extension is invoked by City. To exercise an extension authorized by this section, the Purchasing
Director shall notify Consultant in writing prior to the end of the term of this Agreement.
ARTICLE 5. COMPENSATION AND METHOD OF PAYMENT
5.1 Amount and Method of Compensation. The amounts set forth in this Article 5 are the total
compensation payable to Consultant and constitute a limitation upon City's obligation to
compensate Consultant for Services under this Agreement, but do not constitute a limitation of any
sort upon Consultant's obligation to perform all Services required under this Agreement.
5.1.1 Maximum Amount Not -To -Exceed Compensation. For Basic Services identified
in Exhibit A as payable on a "Maximum Amount Not -To -Exceed" basis, compensation to
Consultant shall be based upon the Salary Costs as described in Section 5.2 up to a
maximum not -to -exceed amount of $136,498.03 $9;4-�
5.1.2 Lump Sum Compensation. For Basic Services identified in Exhibit A as payable
on a "Lump Sum" basis, compensation to Consultant shall be not more than a total lump
sum of $718,473.84 $ " 4$ ro 4 eT.
5.1.3 Optional Services. City may procure Optional Services up to a maximum not -to -
exceed amount of $0 pursuant to Article 6. Unused amounts of these Optional Services
monies shall be retained by City.
5.1.4 Reimbursable Expenses. City will reimburse authorized Reimbursable Expenses
as defined in Section 5.3 up to a maximum not -to -exceed amount of $25,500.00898.
Unused amounts of those monies shall be retained by City.
5.1.5 Salary Costs. The maximum billing rates payable by City for each of Consultant's
employee categories are shown on Exhibit B and are further described in Section 5.2.
5.1.6 Subconsultant Fees. Consultant shall bill Subconsultant fees using the employee
categories for Salary Costs on Exhibit B as defined in Section 5.2 and Reimbursable
Expenses defined in Section 5.3. Consultant shall bill Subconsultant fees with no mark-up
and within any applicable maximum not to exceed amount.
5.1.7 Phased Payments. Payments for Basic Services shall be paid out pursuant to the
Project phasing specified in Exhibit A and shall not exceed the amount set forth below for
the applicable phase. The invoiced fee amount for each phase shall be subject to retainage
as set forth in Section 5.5.
Project Phase
Fee %
Phase Amount
Predesign Services/Programming Phase
0.08 %
$
731.88
Phase I: Schematic Design
8.23%
$
72,455.94
Phase II: Design Development
64.39%
$
566,944.80
Phase III: Construction Documents
26.05%
$
229,330.92
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Project Phase Fee % Phase Amount
Phase IV: GMP Negotiations 0.25 % $_2,20167
Phase V: Administration of the Construction Contract 0.75 % $ 6,605.00
Phase VI: Warranty Administration and Post -Occupancy 0 25 ° , $ 2 201 66
Services
0
Total Basic Services Fee 100% $880,471.87
Predesign Services/Programming Phase 1
$731.88
JLumpSum
Phase I — Schematic Design
Task 1
Basis of Design Report
$72,455.94
1 Lump Sum
Total Predesign/Phase I
$73,187.82
Phase II — Design Development
Task 2
Investigation and 30% Design Submittal
$201,041.55
Lump Sum
Task 3
60% Detailed Design
$101,208.34
Lump Sum
Task 4
Permitting Package
$79,545.15
Hourly, Not -to -
Exceed
Task 5
90% Design Submittal
$71,012.18
Lump Sum
Task 6
100% Design Drawings
$51,857.31
Lump Sum
Task 7
Public Involvement
$36,780.27
Hourly, Not -to -
Exceed
Reimbursable Expenses
$25,500.00
Allowance
Total Phase II
$566,944.80
Phase III — Construction Documents
Task 8
Bidding Support
$20,172.61
Hourly, Not -to -
Exceed
Task 9
Design Services During Construction and
Construction Management and Inspection
$209,158.31
Lump Sum
Phase IV - GMP Negotiations
$2,201.67
Lump Sum
Phase V - Administration of Construction Contract
$6,605.00
Lump Sum
Phase VI - Warranty Administration and Post -
Occupancy Services
$2,201.67
Lump Sum
Total Phase III - Phase VI
$240,339.25
TOTAL
$880,471.87
I Lump Sum
5.2 Salary Costs. The term Salary Costs as used herein shall mean the hourly rate actually paid
to all personnel engaged directly on the Project, as adjusted by an overall multiplier that consists
of the following: 1) a fringe benefits factor; 2) an overhead factor; and 3) an operating margin.
Said Salary Costs are to be used only for time directly attributable to the Project. The fringe benefit
and overhead rates shall be Consultant's most recent and actual rates determined in accordance
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with Federal Acquisition Regulation ("FAR") guidelines and audited by an independent Certified
Public Accountant. For the purposes of this Agreement, the rates must be audited for fiscal periods
of Consultant within eighteen (18) months preceding the execution date of this Agreement. These
rates shall remain in effect for the term of this Agreement except as provided for in this Section
5.2 inclusive of the subsections below.
5.2.1 Consultant shall require all of its Subconsultants to comply with the requirements
of Section 5.2.
5.2.2 Salary Costs for Consultant and Subconsultants as shown in Exhibit B are the
Maximum Billing Rates, which are provisional, subject to audit of actual costs, and if the
audit discloses that the actual costs are less than the costs set forth on Exhibit B for
Consultant or any Subconsultant, Consultant shall reimburse City based upon the actual
costs determined by the audit. City may withhold the amount Consultant is required to
reimburse City from any payment due Consultant.
5.2.3 Unless otherwise noted, the Salary Costs stated above are based upon Consultant's
"home office" rates. Should it become appropriate during the course of this Agreement that
a "field office" rate be applied, then it is incumbent upon Consultant to submit a
supplemental Exhibit B reflective of such rates for approval by Contract Administrator and,
upon such City approval, invoice City accordingly.
5.2.4 The total hours payable by City for any "exempt" or "nonexempt" personnel shall
not exceed forty (40) hours per employee in any week. If the work requires Consultant's
or Subconsultant's personnel to work in excess of forty (40) hours per week, any additional
hours must be authorized in advance, in writing, by the Contract Administrator. If
approved, Salary Costs for additional hours of service provided by nonexempt (hourly)
employees or exempt (salaried) employees shall be invoiced at no more than one and one-
half of the employee's hourly rate and in a manner consistent with Consultant's or
Subconsultant's applicable certified FAR audit and all other provisions of Section 5.2. If
a "Safe Harbor" rate is elected for use by Consultant or Subconsultant, then the additional
hours are payable at no more than the employee's regular rate.
5.2.5 Consultant and any of its Subconsultants may alternatively use a "Safe Harbor"
combined fringe benefit and overhead rate of 110% in lieu of providing fringe benefit and
overhead cost factors certified by an independent Certified Public Accountant in
accordance with the FAR guidelines. The Safe Harbor rate, once elected, shall remain in
place for the entire term of this Agreement, and be applicable for use as "home" and "field"
fringe benefit and overhead rates, if applicable, and shall not be subject to audit under this
Agreement. All other provisions of Section 5.2 remain in place.
5.3 Reimbursable Expenses. For reimbursement of any travel costs, travel -related expenses, or
other direct nonsalary expenses directly attributable to this Project permitted under this Agreement,
Consultant agrees to adhere to Section 112.061, Florida Statutes, except to the extent otherwise
stated herein. City shall not be liable for any such expenses that have not been approved in writing
in advance by the Contract Administrator. Reimbursable Subconsultant expenses must also
comply with the requirements of this section.
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5.4 Method of Billing.
5.4.1 For Maximum Amount Not -To -Exceed Compensation under Section 5.1.1.
Consultant shall submit billings that are identified by the specific project number on a
monthly basis in a timely manner for all Salary Costs and Reimbursable Expenses
attributable to the Project. These billings shall identify the nature of the work performed,
the total hours of work performed, and the employee category of the individuals performing
same. Billings shall itemize and summarize Reimbursable Expenses by category and
identify the personnel incurring the expense and the nature of the work with which such
expense was associated. Where prior written approval by Contract Administrator is
required for Reimbursable Expenses, a copy of said approval shall accompany the billing
for such reimbursable. Billings shall also indicate the cumulative amount of CBE
participation to date. The statement shall show a summary of Salary Costs and
Reimbursable Expenses with accrual of the total and credits for portions paid previously.
External Reimbursable Expenses and Subconsultant fees must be documented by copies of
invoices or receipts that describe the nature of the expenses and contain a project number
or other identifier that clearly indicates the expense is identifiable to the Project.
Subsequent addition of the identifier to the invoice or receipt by Consultant is not
acceptable except for meals and travel expenses. Internal expenses must be documented
by appropriate Consultant's cost accounting forms with a summary of charges by category.
When requested, Consultant shall provide backup for past and current invoices that records
hours and Salary Costs by employee category, Reimbursable Expenses by category, and
Subconsultant fees on a task basis, so that total hours and costs by task may be determined.
5.4.2 For Lump Sum Compensation under Section 5.1.2. Consultant shall submit billings
that are identified by the specific project number on a monthly basis in a timely manner.
These billings shall identify the nature of the work performed, the phase of work, and the
estimated percent of work accomplished. Billings for each phase shall not exceed the
amounts allocated to said phase. Billings shall also indicate the cumulative amount of CBE
participation to date. The statement shall show a summary of fees with accrual of the total
and credits for portions paid previously. When requested, Consultant shall provide backup
for past and current invoices that record hours, salary costs, and expense costs on a task
basis, so that total hours and costs by task may be determined.
5.5 Method of Payment.
5.5.1 City shall pay Consultant within thirty (30) days after receipt of Consultant's proper
invoice, minus any applicable retainage or other deductions permitted by this Agreement.
5.5.2 Unless otherwise provided in this section, retainage in the amount of ten percent
(10%) of each invoice shall be retained by City until satisfactory completion of the
applicable phase. When the Services to be performed on all phases of the Project are fifty
percent (50%) complete, upon written request by Consultant and written approval by the
Contract Administrator that the Project is progressing in a satisfactory manner, the Contract
Administrator, in his or her sole discretion, may authorize the reduction of retainage to five
percent (5%) of each invoice for subsequent payments. No amount shall be withheld from
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payments for Reimbursable Expenses or for Services performed during the construction
phase.
5.5.3 Upon Consultant's completion of each phase to the satisfaction of the Contract
Administrator, City shall remit to Consultant any amounts withheld as retainage for that
phase. Final payment for the Project must be approved by the Purchasing Director.
5.5.4 Payment will be made to Consultant at the following address: WSP USA Suite 300,
7650 Corporate Center Drive, Miami, Florida 33126.
5.6 Fiscal Year; Surtax Funding. The continuation of this Agreement beyond the end of any
City fiscal year is subject to both the appropriation and the availability of transportation surtax
funds in accordance with Chapter 129, Florida Statutes. The Parties agree and acknowledge that
ap rtial ail funding provided to Consultant under this Agreement shall be funded exelusively from
and subject to the availability of funding received from Broward County from proceeds of the
transportation surtax levied pursuant to Section 212.055(1), Florida Statutes, and not from City's
or Broward County's general revenue . The City is leveraging the funding by
also utilizing federal funding to fund this project, and the parties agree and acknowledge that the
funding provided to Consultant is also subject to the availability of the funding received from the
federal government. Consultant agrees and stipulates that the funding provided under this
Agreement shall be utilized only for the purposes permitted under Section 212.055(1), Florida
Statutes. Pursuant to Exhibit G the City is seeking a match under a federal program, which
agreement is incorporated by reference into this agreement.
5.7 Consultant shall pay Subconsultants and suppliers providing Services under this
Agreement within fifteen (15) days following receipt of payment from City for such subcontracted
work or supplies. If Consultant withholds an amount as retainage from a Subconsultant or supplier,
Consultant shall release such retainage and pay same within fifteen (15) days following receipt of
payment of retained amounts from City. The Contract Administrator may, at its option, increase
allowable retainage or withhold progress payments unless and until Consultant demonstrates
timely payments of sums due to all Subconsultants and suppliers. Consultant shall include
requirements substantially similar to those set forth in this section in its contracts with
Subconsultants and suppliers.
5.8 Verification of Employment Eli ibg ility. Consultant represents that Consultant and each
Subconsultant has registered with and uses the E-Verify system maintained by the United States
Department of Homeland Security to verify the work authorization status of all newly hired
employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry
into this Agreement will not violate that statute. If Consultant violates this section, Municipality
may immediately terminate this Agreement for cause and Consultant shall be liable for all costs
incurred by Municipality due to the termination.
ARTICLE 6. OPTIONAL AND ADDITIONAL SERVICES;
CHANGES IN SCOPE OF SERVICES
6.1 City or Consultant may request changes that would increase, decrease, or otherwise modify
the Scope of Services to be provided under this Agreement. Unless otherwise expressly permitted
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herein, such changes must be made in accordance with the provisions of the City's procurement
code and policies and must be contained in a written amendment, executed by the Parties hereto,
with the same formality and of equal dignity herewith.
6.2 Reserved.
6.3 Notwithstanding anything to the contrary in this Agreement, Work Authorizations for
Optional Services shall be executed on behalf of City as follows: (a) the Contract Administrator
may execute Work Authorizations for which the total cost to City in the aggregate is less than
$50,000.00; (b) the Purchasing Director may execute Work Authorizations for which the total cost
to City in the aggregate is within the Purchasing Director's delegated authority; and (c) any Work
Authorization above the Purchasing Director's delegated authority requires express approval by
the Board. Subsequent to the full execution of any Work Authorization, the Contract
Administrator will issue a Notice to Proceed for those authorized Optional Services. Consultant
shall not commence work on any Work Authorization until after receipt of a purchase order and
Notice to Proceed.
6.4 If a dispute between the Contract Administrator and Consultant arises over whether any
work requested by City is within the scope of contracted Services and such dispute cannot be
resolved by the Contract Administrator and Consultant, such dispute shall be promptly presented
to the City Manager or his or her designee for resolution, whose decision shall be in writing and
shall be final and binding on the Parties. During the pendency of any dispute, Consultant shall
promptly perform the disputed work.
ARTICLE 7. REPRESENTATIONS AND WARRANTIES
7.1 Representation of Authority. Consultant represents and warrants that this Agreement
constitutes the legal, valid, binding, and enforceable obligation of Consultant, and that neither the
execution nor performance of this Agreement constitutes a breach of any agreement that
Consultant has with any third party or violates any law, rule, regulation, or duty arising in law or
equity applicable to Consultant. Consultant further represents and warrants that execution of this
Agreement is within Consultant's legal powers, and each individual executing this Agreement on
behalf of Consultant is duly authorized by all necessary and appropriate action to do so on behalf
of Consultant and does so with full legal authority.
7.2 Claims Against Consultant. Consultant represents and warrants that there is no action or
proceeding, at law or in equity, before any court, mediator, arbitrator, governmental, or other board
or official, pending or, to the knowledge of Consultant, threatened against or affecting Consultant,
the outcome of which may (a) affect the validity or enforceability of this Agreement, (b) materially
and adversely affect the authority or ability of Consultant to perform its obligations under this
Agreement, or (c) have a material and adverse effect on the consolidated financial condition or
results of operations of Consultant or on the ability of Consultant to conduct its business as
presently conducted or as proposed or contemplated to be conducted.
7.3 Solicitation Representations. Consultant represents and warrants that all statements and
representations made in Consultant's proposal, bid, or other supporting documents submitted to
City in connection with the solicitation, negotiation, or award of this Agreement, including during
the procurement or evaluation process, were true and correct when made and are true and correct
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as of the date Consultant executes this Agreement, unless otherwise expressly disclosed in writing
by Consultant.
7.4 Contingency Fee. Consultant represents that it has not paid or agreed to pay any person or
entity, other than a bona fide employee working solely for Consultant, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of
this Agreement. If this Agreement is subject to Section 287.055, Florida Statutes, the Parties agree
and stipulate that the statutory language stated in Section 287.055(6)(a) is deemed included and
fully incorporated herein.
7.5 Truth -In -Negotiation Representation. Consultant's compensation under this Agreement is
based upon its representations to City, and Consultant certifies that the wage rates, factual unit
costs, and other information supplied to substantiate Consultant's compensation, including,
without limitation, in the negotiation of this Agreement, are accurate, complete, and current as of
the date Consultant executes this Agreement. Consultant's compensation will be reduced to
exclude any significant sums by which the contract price was increased due to inaccurate,
incomplete, or noncurrent wage rates and other factual unit costs.
7.6 Public Entity Crime Act. Consultant represents that it is familiar with the requirements
and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and
represents that its entry into this Agreement will not violate that Act. Consultant further represents
that there has been no determination that it committed a "public entity crime" as defined by
Section 287.133, Florida Statutes, and that it has not been formally charged with committing an
act defined as a "public entity crime" regardless of the amount of money involved or whether
Consultant has been placed on the convicted vendor list.
7.7 Discriminatory Vendor and Scrutinized Companies Lists. Consultant represents that it has
not been placed on the "discriminatory vendor list" as provided in Section 287.134, Florida
Statutes, and that it is not a "scrutinized company" pursuant to Section 215.473, Florida Statutes.
Consultant represents and certifies that it is not ineligible to contract with City on any of the
grounds stated in Section 287.135, Florida Statutes.
7.8 Warranty of Performance. Consultant represents and warrants that it possesses the
knowledge, skill, experience, and financial capability required to perform and provide all required
and optional Services under this Agreement, and that each person and entity that will provide
Services under this Agreement is duly qualified to perform such services by all appropriate
governmental authorities, where required, and is sufficiently experienced and skilled in the area(s)
for which such person or entity will render Services. Consultant represents and warrants that the
Services under this Agreement shall be performed in a skillful and respectful manner, and that the
quality of all such services shall equal or exceed prevailing industry standards for the provision of
such services.
7.9 Domestic Partnership Requirement. Unless this Agreement is exempt from the provisions
of the Broward County Domestic Partnership Act, Section W/2-157, Broward County Code of
Ordinances, Consultant certifies and represents that it will comply with the provisions of Section
16%2-157 for the duration of this Agreement. The contract language referenced in Section 16%2-
157 is deemed incorporated in this Agreement as though fully set forth in this section.
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7.10 Breach of Representations. In entering into this Agreement, Consultant acknowledges that
City is materially relying on the representations, warranties, and certifications of Consultant stated
in this article. City shall be entitled to recover any damages it incurs to the extent any such
representation or warranty is untrue. In addition, if any such representation, warranty, or
certification is false, City shall have the right, at its sole discretion, to terminate this Agreement
without any further liability to Consultant, to deduct from the compensation due Consultant under
this Agreement the full amount of any value paid in violation of a representation or warranty, and
to recover all sums paid to Consultant under this Agreement. Furthermore, a false representation
may result in debarment from City's procurement activities.
ARTICLE 8. TERMINATION
8.1 Termination. This Agreement or any Work Authorization issued under this Agreement may
be terminated for cause by the aggrieved Party if the Party in breach has not corrected the breach
within ten (10) days after receipt of written notice from the aggrieved Party identifying the breach.
This Agreement may also be terminated for convenience by the Board. Termination for
convenience by the Board shall be effective on the termination date stated in written notice
provided by City, which termination date shall be not less than thirty (30) days after the date of
such written notice. If this Agreement or any Work Authorization was entered into on behalf of
City by someone other than the Board, termination by City may be by action of the City Manager
or the City representative (including his or her successor) who entered in this Agreement on behalf
of City. This Agreement may also be terminated by the City Manager upon such notice as the City
Manager deems appropriate under the circumstances if the City Manager determines that
termination is necessary to protect the public health, safety, or welfare. If City erroneously,
improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination
for convenience and shall be effective thirty (30) days after such notice of termination for cause
was provided and Consultant shall be eligible for the compensation provided in Section 8.4 as its
sole remedy.
8.2 This Agreement may be terminated for cause by City for reasons including, but not limited
to, any of the following:
8.2.1 Consultant's failure to suitably or continuously perform the Services in a manner
calculated to meet or accomplish the objectives in this Agreement or Work Authorization,
or repeated (whether negligent or intentional) submission for payment of false or incorrect
bills or invoices;
8.2.2 By the Contract Administrator for any fraud, misrepresentation, or material
misstatement by Consultant in the award or performance of this Agreement or that
otherwise violates any applicable requirement of Section 1-81, Broward County Code of
Ordinances; or
8.2.3 By the Contract Administrator upon the disqualification of Consultant as a CBE or
SBE if Consultant's status as a CBE or SBE was a factor in the award of this Agreement
and such status was misrepresented by Consultant, or upon the disqualification of one or
more of Consultant's CBE or SBE participants if any such participant's status as a CBE or
SBE firm was a factor in the award of this Agreement and such status was misrepresented
by Consultant during the procurement or the performance of this Agreement.
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8.3 Notice of termination shall be provided in accordance with the "Notices" section of this
Agreement except that notice of termination by the City Manager to protect the public health,
safety, or welfare may be oral notice that shall be promptly confirmed in writing.
8.4 If this Agreement or a Work Authorization issued under this Agreement is terminated for
convenience, Consultant shall be paid for any Services properly performed under this Agreement
or Work Authorization through the termination date specified in the written notice of termination,
subject to any right of City to retain any sums otherwise due and payable. Consultant
acknowledges that it has received good, valuable, and sufficient consideration for City's right to
terminate this Agreement for convenience in the form of City's obligation to provide advance
notice to Consultant of such termination in accordance with Section 8.1.
8.5 If this Agreement or a Work Authorization is terminated, for any reason, any amounts due
Consultant shall be withheld by City until Consultant has provided all documents required to be
provided to City. In addition to any right of termination stated in this Agreement, City shall be
entitled to seek any and all available remedies, whether stated in this Agreement or otherwise
available at law or in equity.
ARTICLE 9. INSURANCE
9.1 For the duration of the Agreement, Consultant shall, at its sole expense, maintain the
minimum insurance coverages stated in Exhibit C , in accordance with the terms and conditions
of this article. Consultant shall maintain insurance coverage against claims relating to any act or
omission by Consultant, its agents, representatives, employees, or Subconsultants in connection
with this Agreement. City reserves the right at any time to review and adjust the limits and types
of coverage required under this article.
9.2 Consultant shall ensure that "City of Dania Beach" and `Broward County" are both listed
and endorsed as additional insureds on all policies required under this article.
9.3 On or before the date this Agreement is fully executed or at least fifteen (15) days prior to
commencement of Services, Consultant shall provide City with a copy of all Certificates of
Insurance or other documentation sufficient to demonstrate the insurance coverage required in this
article. If and to the extent requested by City, Consultant shall provide complete, certified copies
of all required insurance policies and all required endorsements within thirty (30) days after City's
request.
9.4 Consultant shall ensure that all insurance coverages required by this article shall remain in
full force and effect for the duration of this Agreement and until all performance required by
Consultant has been completed, as determined by Contract Administrator. Consultant or its insurer
shall provide notice to City of any cancellation or modification of any required policy at least thirty
(30) days prior to the effective date of cancellation or modification, and at least ten (10) days prior
to the effective date of any cancellation due to nonpayment, and shall concurrently provide City
with a copy of its updated Certificates of Insurance evidencing continuation of the required
coverage(s). Consultant shall ensure that there is no lapse of coverage at any time during the time
period for which coverage is required by this article.
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9.5 Consultant shall ensure that all required insurance policies are issued by insurers:
(1) assigned an A. M. Best rating of at least "A-" with a Financial Size Category of at least
Class VII; (2) authorized to transact insurance in the State of Florida; or (3) a qualified eligible
surplus lines insurer pursuant to Section 626.917 or 626.918, Florida Statutes, with approval by
City's Risk Management Division.
9.6 If Consultant maintains broader coverage or higher limits than the minimum insurance
requirements stated in Exhibit C, City shall be entitled to any such broader coverage and higher
limits maintained by Consultant. All required insurance coverages under this article shall provide
primary coverage and shall not require contribution from any City insurance, self-insurance or
otherwise, which shall be in excess of and shall not contribute to the insurance required and
provided by Consultant.
9.7 Consultant shall declare in writing any self -insured retentions or deductibles over the
limit(s) prescribed in Exhibit C, and submit to City for approval at least fifteen (15) days prior to
the date this Agreement is fully executed or commencement of Services. Consultant shall be solely
responsible for and shall pay any deductible or self -insured retention applicable to any claim
against City. City may, at any time, require Consultant to purchase coverage with a lower retention
or provide proof of ability to pay losses and related investigations, claim administration, and
defense expenses within the retention. Consultant agrees that any deductible or self -insured
retention may be satisfied by either the named insured or City, if so elected by City, and Consultant
agrees to obtain same in endorsements to the required policies.
9.8 Unless prohibited by the applicable policy, Consultant waives any right to subrogation that
any of Consultant's insurer may acquire against City and agrees to obtain same in an endorsement
of Consultant's insurance policies.
9.9 Consultant shall require that each Subconsultant maintains insurance coverage that
adequately covers the Services provided by that Subconsultant on substantially the same insurance
terms and conditions required of Consultant under this article. Consultant shall ensure that all such
Subconsultants comply with these requirements and that "City of Dania Beach" and `Broward
County" are both named as additional insureds under the Subconsultants' applicable insurance
policies.
9.10 If Consultant or any Subconsultant fails to maintain the insurance required by this
Agreement, City may pay any costs of premiums necessary to maintain the required coverage and
deduct such costs from any payment otherwise due to Consultant. Consultant shall not permit any
Subconsultant to provide Services under this Agreement unless and until the requirements of this
article are satisfied. If requested by City, Consultant shall provide, within one (1) business day,
evidence of each Subconsultant's compliance with this section
9.11 If any of the policies required under this article provide claims -made coverage: (1) any
retroactive date must be prior to the date this Agreement is fully executed; (2) the required
coverage must be maintained after termination or expiration of the Agreement for at least the
duration stated in Exhibit C, and (3) if coverage is canceled or nonrenewed and is not replaced
with another claims -made policy form with a retroactive date prior to the date this Agreement is
fully executed, Consultant must obtain and maintain "extended reporting" coverage that applies
after termination or expiration of the Agreement for at least the duration stated in Exhibit C.
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ARTICLE 10. EQUAL EMPLOYMENT OPPORTUNITY AND CBE
COMPLIANCE
10.1 No Party may discriminate on the basis of race, color, sex, religion, national origin,
disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity
and expression in the performance of this Agreement. Consultant shall include the foregoing or
similar language in its contracts with any Subconsultants, except that any project assisted by the
U.S. Department of Transportation funds shall comply with the nondiscrimination requirements in
49 C.F.R. Parts 23 and 26.
10.2 Consultant shall comply with all applicable requirements of Section 1-81, Broward County
Code of Ordinances, in the award and administration of this Agreement. Failure by Consultant to
carry out any of the requirements of this article shall constitute a material breach of this Agreement,
which shall permit City to terminate this Agreement or exercise any other remedy provided under
this Agreement, the Broward County Code of Ordinances, the Broward County Administrative
Code, or under other applicable law, all such remedies being cumulative.
10.3 Consultant will meet the required CBE goal by utilizing the CBE firms listed in Exhibit E
(or a CBE firm substituted for a listed firm, if permitted) for the percent (30%) of total Services
under this Agreement (the "Commitment").
10.4 In performing the Services, Consultant shall utilize the CBE firms listed in Exhibit E for
the scope of work and the percentage of work amounts identified on each Letter of Intent.
Promptly upon execution of this Agreement by City, Consultant shall enter into formal contracts
with the CBE firms listed in Exhibit E and, upon request, shall provide copies of the contracts to
the Contract Administrator and the Director of the Broward County Office of Economic and Small
Business Development ("OESBD").
10.5 Each CBE firm utilized by Consultant to meet the CBE goal must be certified by OESBD.
Consultant shall inform City immediately when a CBE firm is not able to perform or if Consultant
believes the CBE firm should be replaced for any other reason, so that OESBD may review and
verify the good faith efforts of Consultant to substitute the CBE firm with another CBE firm.
Whenever a CBE firm is terminated for any reason, Consultant shall provide written notice to
OESBD and, upon written approval of the Director of OESBD, shall substitute another CBE firm
in order to meet the CBE goal, unless otherwise provided in this Agreement or agreed in writing
by the Parties. Such substitution shall not be required in the event the termination results from
modification of the Scope of Services and no CBE firm is available to perform the modified Scope
of Services; in which event Consultant shall notify OESBD, and OESBD may adjust the CBE goal
by written notice to Consultant. Consultant shall not terminate a CBE firm for convenience
without OESBD's prior written consent, which consent shall not be unreasonably withheld.
10.6 The Parties stipulate that if Consultant fails to meet the Commitment, the damages to City
arising from such failure are not readily ascertainable at the time of contracting. If Consultant fails
to meet the Commitment and Broward County determines, in the sole discretion of the OESBD
Program Director, that Consultant failed to make Good Faith Efforts (as defined in Section 1-81,
Broward County Code of Ordinances) to meet the Commitment, Consultant shall pay City
liquidated damages in an amount equal to fifty percent (50%) of the actual dollar amount by which
Consultant failed to achieve the Commitment, up to a maximum amount of ten percent (10%) of
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the total contract amount, excluding costs and reimbursable expenses. An example of this
calculation is stated in Section 1-81.7, Broward County Code of Ordinances. As elected by City,
such liquidated damages amount shall be either credited against any amounts due from City, or
must be paid to City within thirty (30) days after written demand. These liquidated damages shall
be City's sole contractual remedy for Consultant's breach of the Commitment, but shall not affect
the availability of administrative remedies under Section 1-81. Any failure to meet the
Commitment attributable solely to force majeure, changes to the scope of work by City, or inability
to substitute a CBE Subconsultant where the OESBD Program Director has determined that such
inability is due to no fault of Consultant, shall not be deemed a failure by Consultant to meet the
Commitment.
10.7 Consultant acknowledges that OESBD may make minor administrative modifications to
Section 1-81, Broward County Code of Ordinances, which shall become applicable to this
Agreement if the administrative modifications are not unreasonable. Written notice of any such
modification shall be provided to Consultant and shall include a deadline for Consultant to notify
City in writing if Consultant concludes that the modification exceeds the authority under this
section. Failure of Consultant to timely notify City of its conclusion that the modification exceeds
such authority shall be deemed acceptance of the modification by Consultant.
10.8 OESBD may modify the required participation of CBE firms under this Agreement in
connection with any amendment, extension, modification, change order, or Work Authorization to
this Agreement that, by itself or aggregated with previous amendments, extensions, modifications,
change orders, or Work Authorizations, increases the initial Agreement price by ten percent (10%)
or more. Consultant shall make a good faith effort to include CBE firms in work resulting from
any such amendment, extension, modification, change order, or Work Authorization, and shall
report such efforts, along with evidence thereof, to OESBD.
10.9 Consultant shall provide written monthly reports to the Contract Administrator and to the
Director of OESBD attesting to Consultant's compliance with the CBE goal stated in this article.
In addition, Consultant shall allow City and OESBD to engage in onsite reviews to monitor
Consultant's progress in achieving and maintaining Consultant's contractual and CBE obligations.
The Contract Administrator or OESBD shall perform such review and monitoring.
10.10 The presence of a "pay when paid" provision in a Consultant's contract with a CBE firm
shall not preclude City or its representatives from inquiring into allegations of nonpayment or
exercising any right stated in Section 5.7.
ARTICLE 11. MISCELLANEOUS
11.1 Contract Administrator Authority. The Contract Administrator is authorized to coordinate
and communicate with Consultant to manage and supervise the performance of this
Agreement. Unless expressly stated otherwise in this Agreement or otherwise set forth in an
applicable provision of the City's codes or policies, the Contract Administrator may exercise any
ministerial authority under this Agreement in connection with the day-to-day management of this
Agreement provided that such instructions and determinations do not change the Scope of
Services. The Contract Administrator may designate one or more City employees with authority
pertaining to day-to-day Project management or activities. Consultant shall notify Contract
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Administrator in writing of Consultant's representative(s) to whom matters involving the Project
shall be addressed.
11.2 Rights in Documents and Work. Any and all reports, photographs, surveys, documents,
materials, or other work created by Consultant in connection with performing Services shall be
owned by City, and Consultant hereby transfers to City all right, title, and interest, including any
copyright or other intellectual property rights, in or to the work. Upon termination of this
Agreement, any reports, photographs, surveys, and other data and documents prepared by
Consultant, whether finished or unfinished, shall become the property of City and shall be
delivered by Consultant to the Contract Administrator within seven (7) days after termination of
this Agreement. Any compensation due to Consultant may be withheld until all documents are
received as provided in this Agreement. Consultant shall ensure that the requirements of this
section are included in all agreements with its Subconsultant(s).
11.3 Ownership of Documents. All finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs, specifications and reports prepared or provided by
Consultant in connection with this Agreement shall be the property of City, whether the Project
for which they are made is completed or not, and shall be delivered by Consultant to Contract
Administrator within fifteen (15) days after the receipt of the written notice of termination. If
applicable, City may withhold any payments then due to Consultant until Consultant complies
with the provisions of this section.
11.4 Public Records. To the extent Consultant is acting on behalf of City as stated in
Section 119.0701, Florida Statutes, Consultant shall:
11.4.1 Keep and maintain public records required by City to perform the services under
this Agreement;
11.4.2 Upon request from City, provide City with a copy of the requested records or allow
the records to be inspected or copied within a reasonable time and at a cost that does not
exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law;
11.4.3 Ensure that public records that are exempt or confidential and exempt from public
record requirements are not disclosed except as authorized by law for the duration of this
Agreement and following completion or termination of this Agreement if the records are
not transferred to City; and
11.4.4 Upon completion or termination of this Agreement, transfer to City, at no cost, all
public records in possession of Consultant or keep and maintain public records required by
City to perform the services. If Consultant transfers the records to City, Consultant shall
destroy any duplicate public records that are exempt or confidential and exempt. If
Consultant keeps and maintains the public records, Consultant shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to City upon request in a format that is compatible with the information
technology systems of City.
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A request for public records regarding this Agreement must be made directly to City, who will be
responsible for responding to any such public records requests. Consultant will provide any
requested records to City to enable City to respond to the public records request.
Any material submitted to City that Consultant contends constitutes or contains trade secrets or is
otherwise exempt from production under Florida public records laws (including Chapter 119,
Florida Statutes) ("Trade Secret Materials") must be separately submitted and conspicuously
labeled "EXEMPT FROM PUBLIC RECORD PRODUCTION — TRADE SECRET." In addition,
Consultant must, simultaneous with the submission of any Trade Secret Materials, provide a sworn
affidavit from a person with personal knowledge attesting that the Trade Secret Materials
constitute trade secrets under Section 812.081, Florida Statutes, and stating the factual basis for
same. If that a third party submits a request to City for records designated by Consultant as Trade
Secret Materials, City shall refrain from disclosing the Trade Secret Materials, unless otherwise
ordered by a court of competent jurisdiction or authorized in writing by Consultant. Consultant
shall indemnify and defend City and its employees and agents from any and all claims, causes of
action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorneys'
fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret
Materials in response to a records request by a third party.
IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CONSULTANT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT (954) 924-6800 EXT. 3623,
TSCHNEIDER@DANIABEACHFL.GOV, 100 W. DANIA BEACH BOULEVARD,
DANIA BEACH, FLORIDA 33004.
11.5 Audit Rights and Retention of Records. Consultant shall preserve all Contract Records (as
defined below) for a minimum period of three (3) years after expiration or termination of this
Agreement or until resolution of any audit findings, whichever is longer. Contract Records shall,
upon reasonable notice, be open to inspection and subject to audit and reproduction during normal
business hours. Audits and inspections pursuant to this section may be performed by any City
representative or Broward County representative (including any outside representative engaged by
either). City or Broward County may conduct audits or inspections at any time during the term of
this Agreement and for a period of three (3) years after the expiration or termination of this
Agreement (or longer if required by law). City or Broward County may, without limitation, verify
information, payroll distribution, and amounts through interviews, written affirmations, and on -
site inspection with Consultant's employees, Subconsultants, vendors, or other labor.
Contract Records include any and all information, materials and data of every kind and character,
including, without limitation, records, books, papers, documents, subscriptions, recordings,
agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries,
drawings, receipts, vouchers, memoranda, and any and all other documents that pertain to rights,
duties, obligations, or performance under this Agreement. Contract Records include hard copy
and electronic records, written policies and procedures, time sheets, payroll records and registers,
cancelled payroll checks, estimating work sheets, correspondence, invoices and related payment
documentation, general ledgers, insurance rebates and dividends, and any other records pertaining
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to rights, duties, obligations or performance under this Agreement, whether by Consultant or
Subconsultants.
City and Broward County shall have the right to audit, review, examine, inspect, analyze, and
make copies of all Contract Records at a location within Broward County. Consultant hereby
grants City and Broward County the right to conduct such audit or review at Consultant's place of
business, if deemed appropriate by City or Broward County, with seventy-two (72) hours' advance
notice. Consultant agrees to provide adequate and appropriate work space. Consultant shall
provide reasonable access to Consultant's facilities, and City and Broward County shall be allowed
to interview all current or former employees to discuss matters pertinent to the performance of this
Agreement.
Consultant shall, by written contract, require its Subconsultants to agree to the requirements and
obligations of this section.
Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City's
disallowance and recovery of any payment upon such entry. If an audit or inspection in accordance
with this section discloses overpricing or overcharges to City of any nature by Consultant or its
Subconsultants in excess of five percent (5%) of the total contract billings reviewed by City or
Broward County, the reasonable actual cost of the audit shall be reimbursed to City or Broward
County (as applicable) by Consultant in addition to making adjustments for the overcharges. Any
adjustments or payments due as a result of such audit or inspection shall be made within thirty (30)
days after presentation of audit findings to Consultant.
11.6 Subconsultants. Consultant shall utilize only the Subconsultants identified in Exhibit F,
Schedule of Subconsultants, to provide the Services for this Project. Consultant shall obtain
written approval of Contract Administrator prior to changing or modifying the Schedule of
Subconsultants, which shall be automatically updated upon such written approval. Consultant
shall bind in writing each and every approved Subconsultant to the terms stated in this Agreement,
provided that this provision shall not, in and of itself, impose the insurance requirements set forth
in Article 9 on Consultant's Subconsultants.
11.7 Assignment. Neither this Agreement nor any interest herein shall be assigned, transferred,
or encumbered without the written consent of the other Party. Any assignment, transfer,
encumbrance, or subcontract in violation of this section shall be void and ineffective, constitute a
breach of this Agreement, and permit the non -assigning Party to immediately terminate this
Agreement, in addition to any other remedies available to the non -assigning Party at law or in
equity.
11.8 Indemnification of City. Consultant shall indemnify and hold harmless City and its current,
past, and future officers and employees from liabilities, damages, losses, and costs, including, but
not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or
intentionally wrongful conduct of Consultant or other persons employed or utilized by Consultant
in the performance of this Agreement. The provisions of this section shall survive the expiration
or earlier termination of this Agreement. To the extent considered necessary by Contract
Administrator and City Attorney, any sums due Consultant under this Agreement may be retained
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by City until all of City's claims subject to this indemnification obligation have been settled or
otherwise resolved, and any amount withheld shall not be subject to payment of interest by City.
11.9 Prior Agreements Superseded. 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.
11.10 Amendments. 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.
11.11 Notices. In order for a notice to a Party to be effective under this Agreement, notice must
be sent via U.S. first-class mail, hand delivery, or commercial overnight delivery, each with a
contemporaneous copy via e-mail, to the addresses listed below and shall be effective upon mailing
or hand delivery (provided the contemporaneous email is also sent). The addresses for notice shall
remain as set forth in this section unless and until changed by providing notice of such change in
accordance with the provisions of this section.
FOR CITY:
City Manager
Attn: Ana M. Garcia, ICMA-CM
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Email address: a arcia(a�daniabeachfl.gocv
With a copy to:
City Attorney,
Thomas J. Ansbro
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Email Address: tansbro@daniabeachfl.gov
FOR CONSULTANT:
WSP USA INC.
One Penn Plaza
2nd Floor
New York, NY 10119
Email address:
With a copy to:
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Werner Reinefeld, PE
Director, Water Resources Engineer
WSP USA INC.
7650 Corporate Center Drive
Suite 300
Miami, Florida 33126
Email Address: werner.reinefeldgwsp.com
11.12 Interpretation. The titles and headings contained in this Agreement are for reference
purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All
personal pronouns used in this Agreement shall include the other gender, and the singular shall
include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein,"
"hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any
particular sentence, paragraph, or section where they appear, unless the context otherwise requires.
Whenever reference is made to a section or article of this Agreement, such reference is to the
section or article as a whole, including all of the subsections of such section, unless the reference
is made to a particular subsection or subparagraph of such section or article. Any reference to
"days" means calendar days, unless otherwise expressly stated.
11.13 Consultant's Staff. Consultant will provide the key staff identified in its proposal for
Project as long as said key staff are in Consultant's employment. Consultant will obtain prior
written approval of Contract Administrator to change key staff. Consultant shall provide Contract
Administrator with such information as necessary to determine the suitability of proposed new key
staff. Contract Administrator will be reasonable in evaluating key staff qualifications. If Contract
Administrator desires to request removal of any of Consultant's staff, Contract Administrator shall
first meet with Consultant and provide reasonable justification for said removal; upon such
reasonable justification, Consultant shall use good faith efforts to remove or reassign the staff at
issue.
11.14 Drug -Free Workplace. To the extent required under Section 21.31(a)(2), Broward County
Administrative Code, or Section 287.087, Florida Statutes, Consultant certifies that it has a drug -
free workplace program and that it will maintain such drug -free workplace program for the
duration of this Agreement.
11.15 Independent Contractor. Consultant is an independent contractor under this Agreement,
and nothing in this Agreement shall constitute or create a partnership, joint venture, or any other
relationship between the Parties. In providing Services under this Agreement, neither Consultant
nor its agents shall act as officers, employees, or agents of City, except as authorized by the
Contract Administrator for permitting, licensing, or other regulatory requirements. Consultant
shall not have the right to bind City to any obligation not expressly undertaken by City under this
Agreement.
11.16 Regulatory Capacity. Notwithstanding the fact that City is a political subdivision with
certain regulatory authority, City's performance under this Agreement is as a Party to this
Agreement and in the capacity as owner of the Project. If City exercises its regulatory authority,
the exercise of such authority and the enforcement of any rules, regulation, laws, and ordinances
shall have occurred pursuant to City's regulatory authority as a governmental body separate and
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apart from this Agreement and shall not be attributable in any manner to City as a Party to this
Agreement.
11.17 Sovereign Immunity. Except to the extent sovereign immunity may be deemed to be
waived by entering into this Agreement, nothing herein is intended to serve as a waiver of
sovereign immunity by City nor shall anything included herein be construed as consent by City to
be sued by third parties in any matter arising out of this Agreement. City is a political subdivision
as defined in Section 768.28, Florida Statutes, and shall be responsible for the negligent or
wrongful acts or omissions of its employees pursuant to Section 768.28, Florida Statutes.
11.18 Third -Party Beneficiaries. Except for Broward County to the extent expressly identified
herein, neither Consultant nor City intends to directly or substantially benefit a third party by this
Agreement. Therefore, the Parties acknowledge that, other than Broward County, there are no
third -party beneficiaries to this Agreement and that no third party other than Broward County shall
be entitled to assert a right or claim against either of them based upon this Agreement.
11.19 Conflicts. Neither Consultant nor its employees shall have or hold any continuing or
frequently recurring employment or contractual relationship that is substantially antagonistic or
incompatible with Consultant's loyal and conscientious exercise of judgment and care related to
its performance under this Agreement. During the term of this Agreement, none of Consultant's
officers or employees shall serve as an expert witness against City or Broward County in any legal
or administrative proceeding in which he, she, or Consultant is not a party, unless compelled by
court process. Further, such persons shall not give sworn testimony or issue a report or writing,
as an expression of his or her expert opinion that is adverse or prejudicial to the interests of City
or Broward County in connection with any such pending or threatened legal or administrative
proceeding unless compelled by court process. The limitations of this section shall not preclude
Consultant or any persons in any way from representing themselves, including giving expert
testimony in support of such representation, in any action or in any administrative or legal
proceeding. If Consultant is permitted pursuant to this Agreement to utilize Subconsultants to
perform any Services required by this Agreement, Consultant shall require such Subconsultants,
by written contract, to comply with the provisions of this section to the same extent as Consultant.
11.20 Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this
Agreement was bargained for at arm's-length and is agreed to by the Parties. Each requirement,
duty, and obligation set forth in this Agreement is substantial and important to the formation of
this Agreement, and each is, therefore, a material term of this Agreement. City's failure to enforce
any provision of this Agreement shall not be deemed a waiver of such provision or modification
of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed
a waiver of any subsequent breach and shall not be construed to be a modification of the terms of
this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory
of the waiving Party.
11.21 Compliance with Laws. Consultant and the Services must comply with all applicable
federal, state, and local laws, codes, ordinances, rules, and regulations including, without
limitation, American with Disabilities Act, 42 U.S.C. § 12101, Section 504 of the Rehabilitation
Act of 1973, and any related federal, state, or local laws, rules, and regulations.
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11.22 Severability. If any part of this Agreement is found to be unenforceable by any court of
competent jurisdiction, that part shall be deemed severed from this Agreement and the balance of
this Agreement shall remain in full force and effect.
11.23 Joint Preparation. This Agreement has been jointly prepared by the Parties and shall not
be construed more strictly against either Party.
11.24 Priority of Provisions. If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any document or exhibit attached to, referenced by, or incorporated
in this Agreement and any provision of Articles 1 through 11 of this Agreement, the provisions
contained in Articles 1 through 11 shall prevail and be given effect.
11.25 Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and
construed in accordance with and governed by the laws of the State of Florida. The exclusive
venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the
state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim
arising from, related to, or in connection with this Agreement must be litigated in federal court,
the exclusive venue for any such lawsuit shall be in the United States District Court or United
States Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO THIS
AGREEMENT, CONSULTANT AND CITY HEREBY EXPRESSLY WAIVE ANY
RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT. IF A PARTY FAILS TO
WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF
THIS AGREEMENT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF
VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY
TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND
COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST FOR JURY TRIAL,
AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING
THE MOTION.
11.26 Reuse of Project. City may, at its option, reuse (in whole or in part) the resulting end -
product or deliverables resulting from Consultant's Services (including, but not limited to,
drawings, specifications, other documents, and services as described herein and in Exhibit A); and
Consultant agrees to such reuse in accordance with this provision. If the Contract Administrator
elects to reuse the services, drawings, specifications, and other documents, in whole or in part,
prepared for this Project for other projects on other sites, Consultant will be paid a reuse fee to be
negotiated between Consultant and City, subject to approval by the proper awarding authority.
Each reuse shall include all Basic Services and modifications to the drawings, specifications, and
other documents normally required to adapt the design documents to a new site. This reuse may
include preparation of reverse plans, changes to the program, provision for exceptional site
conditions, preparation of documents for off -site improvements, provisions for revised solar
orientation, provisions for revised vehicular and pedestrian access, and modifications to building
elevations, ornament, or other aesthetic features. In all reuse assignments, the design documents
shall be revised to comply with building codes and other jurisdictional requirements current at the
time of reuse for the new site location. The terms and conditions of this Agreement shall remain
in force for each reuse project, unless otherwise agreed by the Parties in writing.
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11.27 Payable Interest.
11.27.1 Payment of Interest. City shall not be liable to pay any interest to Consultant
for any reason, whether as prejudgment interest or for any other purpose, and in furtherance
thereof Consultant waives, rejects, disclaims, and surrenders any and all entitlement it has
or may have to receive interest in connection with a dispute or claim arising from, related
to, or in connection with this Agreement. This subsection shall not apply to any claim for
interest, including for post judgment interest, if such application would be contrary to
applicable law.
11.27.2 Rate of Interest. If the preceding subsection is inapplicable or is determined to
be invalid or unenforceable by a court of competent jurisdiction, the annual rate of interest
payable by City under this Agreement, whether as prejudgment interest or for any other
purpose, shall be, to the full extent permissible under applicable law, one quarter of one
percent (0.25%) simple interest (uncompounded).
11.28 Incorporation by Reference. Any and all Recital clauses stated above are true and correct
and are incorporated in this Agreement by reference. The attached Exhibits are incorporated into
and made a part of this Agreement.
11.29 Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, each of which shall be deemed to be an original,
but all of which, taken together, shall constitute one and the same agreement.
(The remainder of this page is intentionally left blank.)
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IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement:
CITY of Dania Beach, through its City Commission, signing by and through its Mayor or Vice -
Mayor authorized to execute same by City Commission action on the day of
, 2021, and WSP USA INC., signing by and through its ,
duly authorized to execute same.
ATTEST:
CITY OF DANLA BEACH, FLORIDA
a Florida Municipal Corporation
THOMAS SCHNEIDER, CMC TAMARA JAMES
CITY CLERK MAYOR
ANA M. GARCIA, ICMA-CM
CITY MANAGER
Dated: , 2021
APPROVED FOR FORM AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
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FOR INDIVIDUAL:
Consultant
WITNESSES:
Signature
Print/Type Name
Signature
Print/Type Name
FOR CORPORATION:
Consultant
ATTEST:
Secretary
(Typed Name of Secretary)
CORPORATE SEAL
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RIM
(Please Type Name)
day of
20
(Typed Name of Consultant/Firm)
:S
President/Vice President
(Typed Name and Title)
day of , 20_
Page 25 of 54
EXHIBIT A
Scope of Services
PROJECT UNDERSTANDING
The purpose of the Project is to address current flooding issues at the neighborhood bounded by
SE 3rd Street to the north, SE 2nd Avenue to the west, SE 7d' Street to the south and SE 5d' Avenue
to the east, per Exhibit A- Figure 1 of Request for Qualification (RFQ) 19-014 document. Within
these limits, there are priority areas located at the current low spots that result in traffic disruptions
and repeated private property losses due to flooding. The Project area is about 103 acres and is in
a low-lying area within the basin, which receives runoff from the west. Based on preliminary
analysis of existing LiDAR data and ICPR-4 model runs, the improvements should consider a
contribution area of approximately 190 acres. The contributing area of 190 acres is bounded by SE
2nd St and SE 3rd Street to the north, state road US-1 to the west, SE 10t' Street to the south and SE
5d' Avenue to the east. The City is also requesting that the storm event to be modeled for the
proposed solutions will be a storm event of 3-day duration and 25 year return frequency, with
flooding duration of less than 6 hours, with less than 2 inches of flooding at the crown of the road.
WSP understands that the City of Dania Beach is seeking drainage solutions (ie. Pump stations,
drainage wells, exfiltration trenches, etc.) to reduce flooding, including duration and severity,
reduce neighborhood impacts and mitigate project costs.
SCOPE OF SERVICES
Based on our Project Understanding indicated above, please find below a detailed description of
the proposed scope of work associated with this project. This scope of work is for providing
engineering consulting services, including developing a complete drainage report, 100% design
plans and technical specifications, obtaining required Permits for the anticipated construction
Project. In addition, to provide bidding support to the City and professional consultation
throughout the development of the Project, including design services during construction,
construction administration and Project's final certification.
PREDESIGN SERVICES/PROGRAMMING PHASE / PHASE I — SCHEMATIC DESIGN
TASK I — BASIS OF DESIGN REPORT
Upon issuance of a Notice to Proceed (NTP), WSP will start the preparation of the Basis of Design
Report. As part of this Report, WSP is including a Drainage Feasibility Study utilizing previous
plans/study/as-builts/survey/GIS atlas review, permits review, agencies Pre -Application meetings,
anticipated Permit Matrix. WSP will prepare a Drainage Report based on the requirement of a
storm event of 3-day duration and 25 year return frequency, with flooding duration of less than 6
hours, with less than 2 inches of flooding at the crown of the road. As minimum the Report will
include the modeling of the existing conditions (Pre -Development), the modeling of the proposed
condition (Post -Development), Figures and the ICPR Model results for this storm event. In
addition to the 3-day duration and 25 year return road, as requested by the City WSP will provide
ICPR model results for the 10 year and 100 year storm events. In order to provide a responsible
recommendation regarding the feasibility of the wells including wells capacity (to be included in
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the Basis of Design Report), WSP propose two (2) test wells to be installed to a depth of 150 feet
and water samples will be collected at 5-foot intervals from 70 to 150 feet. The findings will be
included in a Reasonable Assurance Report to be prepared by our subconsultant Terracon, in
addition to Conceptual Plan layout for City Review and Acceptance. The Drainage Report will
include Conceptual Best Management Practices for System Maintenance and Operations. As
required by the City, upon acceptance and approval of Conceptual Layout and Drainage Report,
WSP will proceed to 30% plans phase and release sub -consultants for Surveying, Geotechnical
Evaluation, Hydrological Testing. In addition, the Basis of Design Report will include an opinion
of probable cost (Class 4 Estimate) based on a 15% design. This task will be completed within 45
calendar days after NTP.
Task 1 Deliverables:
➢ Three (3) hard copies and electronic pdf copy of the Basis of Design Report which
includes;
o Drainage Report
o Injection Wells Reasonable Assurance Report
o Recommended Project
0 11"xl7" Conceptual Plans in PDF and CAD Files
■ Drainage Collection System Conceptual Plan View
■ Stormwater Pump Station Conceptual Drawing
o Permit Matrix with anticipated agencies having jurisdiction on the Project and
estimated timeframe for processing
o Electronic Copies of Drainage Calculations
o Opinion of Probable Costs (Class 4 Estimate)
PHASE II — DESIGN DEVELOPMENT
TASK 2 — INVESTIGATIONS AND 30% DESIGN SUBMITTAL
Upon approval by the City of Task I deliverables, WSP will start the preparation of the 30% design
documents. As part of this Task, WSP is including the coordination with existing utilities,
including design ticket, Topographic Survey, Geotechnical Evaluation and Report for existing
subsurface conditions and wells feasibility, 30% Design drawings, 30% Index of Technical
Specifications. It is anticipated that Task 2 will be completed within 60 calendar days after the
NTP.
WSP understands that the following tasks and/or documents will be provided as part of Task 2 —
Investigation and 30% Design Submittal;
- Attendance to one (1) Kick-off Meeting with the City.
- Topographic and Tree Survey — Our subconsultant Premiere Design Solutions (Broward
County CBE), will prepare a tree and topographic survey plans with elevations measured
on 50-foot cross sections and at high and low points. Survey will show above -ground
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improvements and locations of trees pursuant to City of Dania Beach code. Survey will be
performed from Right -of -Way to Right -of -Way and extend 50 feet beyond project limits
at street intersections. Topographic survey for alleyways will be extended up to 50 feet into
the alleyways at the intersections with City roads. The Vertical Datum will be NGVD 1929
Survey will be prepared in accordance with City Standards and in AutoCAD version 2016
or later.
- Geotechnical Report — As part of the field investigation, our Subconsultant Terracon
Consultants, Inc. will provide seven (7) soil borings ranging from a depth of 10-40 feet,
two (2) exfiltration tests and two (2) Double Ring infiltration tests.
- Utility Coordination — WSP will coordinate with existing utility owners within the Project
limits. Design will be completed taking into consideration these utilities. As part of the
Utility Coordination, the City will provide WSP with information on existing water, sewer
and storm water utilities within the Project limits. The 30% Design deliverable will include
the Utility Matrix. Available utility data obtained as part of the design ticket will be
incorporated into the plans. Sunshine 811 Design Ticket will also be obtained.
30% Design Plans - For the development of this task, WSP will provide the following:
• Plan Sheets, including but not limited to the following engineering disciplines;
o Civil
o Mechanical
o Electrical
o Instrumentation & Control
o Structural
o Landscape
• The following plan listing is anticipated based on the projected Scope of Work;
o Cover Sheet
o General Notes
o Existing Conditions (Based on Land Survey, As builts and Atlas)
o Proposed Alignment Key Map
o Proposed Alignment Plans View
o Collection System
o Force Main System
o Miscellaneous Details
o Pump Station Location and Mechanical Drawings
o Injection well location
o Electrical Design Sheets for Pump Station
o Structural Design Sheets for Pump Station Components
o Landscape Sheet (around pump station)
- Opinion of Probable Construction Cost — WSP will prepare and provide to the City an
Engineering Opinion of Probable Construction Cost based on the 30% design documents.
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- Index of Technical Specifications — WSP will develop the Index of Technical
Specifications for each construction discipline necessary to construct the Project.
- Attendance to one (1) 30% Design Review Meeting with the City.
Task 2 Deliverables:
➢ Two (2) 24" x 36" signed and sealed Survey Plans and 2016 CAD Files
➢ Two (2) signed and sealed Geotechnical Report
➢ Utility Matrix and Utility Coordination Letters
➢ Three (3) hard copies 24" x 36" and electronic pdf copy of the 30% Design Plans and
2016 or later CAD Files
➢ Three (3) Electronic Copies of 30% Opinion of Probable Cost
➢ Three (3) Electronic Copies of Index of Technical Specifications
➢ Updated Design Schedule
TASK 3 — 60 % DESIGN SUBMITTAL
For the development of this Task, WSP will provide the following;
- Copy of the City of Dania Beach 30% Comments and Responses from 30% Design
Submittal.
- Show profile elevation of the top of pipe and finished grade for the proposed force mains.
As indicated by the City's consultant, profiles for gravity drainage is not required and
therefore not included.
- Identification of demolition limits and items on the Design Plans.
- Additional Detailed information to Plan Sheets, including but not limited to the following
sheets;
o Cover Sheet
o General Notes
o Proposed Alignment Key Map
o Proposed Alignment Plans
o Collection System
o Detailed Force Main System including alignment and profiles
o Miscellaneous Details
o Pump Station Location and Detailed Mechanical Drawings
o Injection well location
o Detailed Electrical Design Sheets for Pump Station
o Detailed Structural Design Sheets for Pump Station Components
o Detailed Landscape Sheet (around pump station)
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- Draft Technical Specifications
- Attendance to the 60% Design Review Meeting with the City of Dania Beach
Task 3 Deliverables:
➢ Updated Utility Matrix
➢ Three (3) hard copies 24" x 36" and electronic pdf copy of the 60% Design Plans and
2016 or later CAD Files
➢ Three (3) Electronic Copies of 60% Design Opinion of Probable Cost
➢ Three (3) Electronic Copies of the Draft Technical Specifications
➢ Updated Design Schedule
TASK 4 — PERMITTING PACKAGE
WSP will prepare the Permitting Packages and obtain applicable signatures once the 60% submittal
has been reviewed and approved by the City. WSP will submit the Permit Packages and checks to
the respective permitting agencies, respond to any RFIs the agencies may have, and attend
meetings. This task will include the following;
WSP will coordinate all permitting efforts with the City. WSP will identify all applicable permits
and approvals. Pre -application meetings will take place during the 30% Design Phase. WSP will
provide meeting minutes listing the permit requirements and limiting conditions for all pre -
application meetings. Permit application fees will be paid by Consultant and reimbursed by the
City.
Anticipated agencies that have been identified for this project include but is not limited to;
- City of Dania Beach — Engineering Permit
- City of Dania Beach — Building Permit
- Broward County — Surface Water Management
- Broward County — Environmental Resource License (Modification or withdrawal of
existing DF 11-1042)
- South Florida Water Management District (SFWMD) — Environmental Resource License
(Modification or withdrawal of existing)
- Florida Department of Environmental Protection (FDEP) — Discharge Permit
Task 4 Deliverables:
For each of the above identified permits, the following activities are anticipated and included in
this scope;
➢ Pre -application meeting and up to two (2) follow-up meetings as needed
➢ Preparation of application and supporting documentation
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➢ Permit Package Submittal and processing
➢ Responses to Request for Additional Information from Agencies.
➢ Tracking Sheet with indication of dates of submittal of each application and approval
or comments from the corresponding agency.
TASK S — 90% Design Submittals
For the development of the 90% Design Submittal, W SP will provide the following;
- Copy of the City of Dania Beach 60% Comments and Responses from 60% Design
Submittal
- Additional Detailed information to Plan Sheets
- 90% Structural Plans for the two (2) pump station, including Detailed Specifications and
Calculations
- 90% Technical Specifications
- Attendance to the 90% Design Review Meeting with the City of Dania Beach
Task 5 Deliverables:
➢ Three (3) hard copies 24" x 36" and electronic pdf copy of the 90% Design Plans and
2016 or later CAD Files
➢ Three (3) Electronic Copies of 90% Design Opinion of Probable Cost
➢ Three (3) Electronic Copies of the Detailed Technical Specifications
➢ Updated Design Schedule
TASK 6 — 100% Design Submittals
The 100% Design Submittal will include the following items;
- Copy of Comments and Responses from the Permit Package Submittal Review
- Permits and Original stamped permit plan sets
- Electronic DVD copies of geotechnical report, survey, engineering drawings, construction
specifications, calculations and permits (Submit all MS Word, MS Excel, PDF, CAD Files
associated with the Project)
Task 6 Deliverables:
➢ Approved 100% Construction Plans —Four (4) copies 24" x 36", including regulatory
agencies comments incorporated
➢ DVD with 100% Construction Plans (CAD Files and PDF)
TASK 7 — PUBLIC INVOLVEMENT
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As part of this Task, WSP and its subconsultant, Infinite Source Communications Group (ISCG)
will be providing Public Information Support to the City throughout the duration of the Project.
During this initial Task our team will perform the following activities;
- Prepare a database of all the stakeholders and elected officials.
- Development of Project fact sheets.
- Distribution of Notices to the Community via e-mail through constant contact.
- Attend Project coordination meetings.
- Coordinate and host one (1) public meeting inviting affected residents and local agencies
to review plans, meet the team and ask any questions related to the work.
- ISCG will secure the venue, schedule the meeting, develop the project flier, mail
information to the public and work with Dania Beach to promote the meeting.
- ISCG will work with the team to develop a presentation or any project displays and/or
graphics.
- ISCG will prepare all sign -in sheets, comment cards and other meeting materials.
PHASE III —VI: CONSTRUCTION DOCUMENTS/GMP/CONSTRUCTION CONTRACT
ADMINISTRATION/WARRANTY ADMINISTRATION AND POST OCCUPANCY
SERVICES
TASK 8 — BIDDING SUPPORT
WSP will support City's staff during the bidding phase. The following activities are anticipated
and included in the scope for this task:
- Coordinate the release of bidding documents with the City
- Prepare One (1) Agenda for Pre -Bid Meeting
- Attend and participate in One (1) Mandatory Pre -Bid Meeting
- Prepare and submit to the City the meeting minutes of the Pre -Bid Meeting
- Evaluate and provide response to questions from prospective bidders in a timely manner
- Develop addenda as needed
- Review all bids for sufficiency and provide evaluation results to the City
- Provide Recommendation of Award to the City
- Provide support to the City in the preparation of Contract Documents
WSP will work with the City to provide a master copy of the Design Package in electronic format
(PDF). It is our understanding that the City will be responsible for distribution of bid packages to
prospective bidders via online distribution through the City's bidding platform.
WSP will respond to technical questions forwarded by the City as part of the scope. The questions
will be responded using the Addendum Form provided by the City for expedited response time
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and will generate necessary supporting documents, as applicable, and submit them to the City for
distribution to registered plan holders.
As part of the bids review, WSP will evaluate the construction approach, bid schedules, contact
and verify references, evaluation of qualifications of the bidders for undertaking the work on the
project, and provide a recommendation of award.
Task 8 Deliverables:
➢ WSP will provide One (1) Draft for City's review and One (1) Final version of the Pre -
Bid Meeting minutes in electronic format
➢ One (1) Bids Evaluation Report with Recommendation of Award in electronic format.
The evaluation report will include a spreadsheet comparing bidder's pricings.
TASK 9 — DESIGN SERVICES DURING CONSTRUCTION, CONSTRUCTION
ENGINEERING AND INSPECTION SERVICES
SCOPE AND DELIVERABLES
As Engineer of Record and Construction Manager, WSP will provide design services during
construction, shop drawing reviews, RFIs responses, limited site visits, construction observation
as Owner's representative on site and/or in its office to provide construction administration, quality
assurance and project controls, witness required tests, review of as-builts and Project Certifications
together in coordination with the City of Dania Beach, and the Contractor(s). The services include:
WSP will attend, conduct and prepare agenda and minutes for the pre -construction meeting. WSP
periodically will monitor the contractor's on -site construction activities and inspect materials in
the project site, are in accordance with the plans, specifications, and special provisions for the
construction contract, and verify that accepted/approved shop drawing submittals exist for each
item being delivered, to ascertain that the project is constructed in reasonable conformity with the
construction documents. If materials do not conform with the construction documents, WSP will
notify the Contractor. WSP will maintain detailed accurate records of the contractor's daily
operations at the time of the visits and of significant events that affect the work.
WSP will observe the progress of the work at times appropriate to the construction so as not to
impede the Contractor's progress. WSP will advise the Contractor of deviations, defects or
deficiencies observed in the work. WSP will review the project construction schedule submitted
by the contractor monthly to monitor construction progress and identify possible delays. If found,
WSP will notify the City and Contractor to take corrective action. WSP will track and monitor
damages to existing utilities and existing infrastructure and will notify both the City and contractor
of such damages. The contractor will take corrective actions to complete any needed repairs.
WSP is not authorized to change, revoke, alter, enlarge, relax or release any requirements of the
Contract Documents without written approval from the City. As Engineer of Record, WSP will be
responsible for the Certification of Project and approval of As-Builts. Communication between
WSP and the Contractor regarding quality review will not in any way be construed as binding
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WSP or the City or releasing the Contractor from performing in accordance with the terms of the
Contract Documents.
WSP will not be responsible for, and will not control the means, methods, techniques, sequences
and/or procedures of construction for the Project. No action taken by WSP will relieve the
Contractor from their obligation to perform the Work in strict conformity with the requirements of
the construction Contract Documents together with all other applicable laws, rules and regulations.
WSP will review materials testing by a third -party testing lab, to be provided by the Contractor, to
ensure their properties are suitable for proper construction of designed facilities. These materials
include soils, asphalt, concrete, steel reinforcement, and any other materials as required by the
City. WSP will determine the acceptability of all materials and completed work items on the basis
of either test results or verification of a certification, certified mill analysis, sampling and testing
provided by the Contractor. If testing fails to meet the required specifications, WSP will inform
the contractor immediately. Corrective action must be taken by the contractor before proceeding
with work. If work is unsatisfactory, WSP will notify the Contractor. WSP will review the third -
party laboratory invoices for verification of tests performed, quantity, date, hours charged by
technician, and all other pertinent items charged by the lab.
WSP will coordinate with contractor to schedule required lamping tests, pump station start-up
testing, drainage well start-up testing, and switchgear testing. If requested, WSP will submit to the
City documentation reports on testing performed. Reports will be submitted the same week the
construction work is done or as soon as possible thereafter. The Contractor shall coordinate any
regulatory agency inspections as required by the project permits.
Photographic documentation will be maintained of the work by WSP. A compact disc (CD) or a
File -Transfer download link containing all project photos (in jpeg file format) taken the week
before by WSP will be submitted to the City weekly.
WSP will prepare the agendas, attend and conduct construction progress meetings (assumed one
monthly meeting per 13 months of construction). WSP will provide the meeting minutes of the
construction progress meetings. WSP will review the contractor payment requests to verify
quantities are in conformance with the Measurement and Payment Specification. WSP will review
change orders along with justification and back up documents submitted by the contractor and
provide a recommendation to the City.
WSP will monitor mechanical equipment testing and start-ups, and will participate in the final
inspection of the Project in coordination with the City and construction Contractor to confirm
completion of the punch -list, and will produce a certificate of substantial completion, and
finalization of contract checklist.
WSP will also coordinate and receive documentation and records from the Contractor for
compliance with the project contract in accordance to the City's procedures. WSP will review as -
built drawings, operation and maintenance reports provided by the contractor. WSP will assist the
City in project closeout procedures.
Task 9 Deliverables:
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➢ Progress Meetings Agendas
➢ Meeting Minutes
➢ Inspection Reports
➢ Review Pressure Test reports
➢ Review System Test Reports
➢ Final Punch List
➢ Recommendations for approval of Contractor's request for payment - One (1) per Month
➢ Review and recommendations for approval of Contractor's change orders - Up to five (5)
Change Orders
➢ Contractor's Record Drawings Log File
➢ RFI Logs
➢ Submit responses to contractor RFIs (Assuming 1 RFIs/week of Construction Contract of
13 months)
➢ Review of Project's As-Builts prepared by Contractor
➢ Obtain Project's Certifications and close out permits
PROPOSED STAFFING
It is anticipated that WSP will provide staff members in the following positions:
Project Manager (Part -Time) (WSP):
- WSP's Project Manager will serve as the Owner's Consultant point of contact and report work
progress, budget status, major Project issues and other pertinent information to the City.
- Manage the City's contract with WSP. Manage sub consultants.
- Attends, conducts and prepare agendas and meeting minutes for construction progress
meetings (One per 13 months of Construction).
- Serve as the City's representative for the review of progress payments, processing and
negotiation of claims and change orders.
- Review and Recommendation of payments, processing of RFIs and RFCs, change orders,
claims, project start-up and closeout.
- Review construction processes.
- Keep and update Submittal and RFI Logs.
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- Review project activities with client and contractor's field supervision resolving disputes and
other issues.
- Review daily inspection reports and other project documentation.
- Attends and lead construction meetings with client and contractors.
One (1) Inspector (Part -Time)
Pay Requests: The Construction Inspector will meet with the Contractor, in the field, to verify
Contractor pay request quantities. The Estimate for Progress Payment will be signed by the
Contractor, City's Inspector and Project Manager before turning over to the City for review
and signature.
Site Conditions: monitor site conditions for safety hazards during onsite. As inspectors are
not qualified or trained safety engineers, they are not expected to recognize all types of hazards.
Therefore, inspectors are only expected to recognize a hazard that any reasonable non -safety
professional would recognize. In addition, safety obligations extend only to recognizable
hazards that may observed during the normal conduct of on -site business. An inspector is not
expected to spend significant time attempting to identify safety problems. Ultimately the
Contractor is responsible for site safety.
Recording of Punch -List.
Reviewing and provide comments of Contractor as-builts.
Maintaining a record of observations in regard to construction quality, safety procedures, and
non-compliance work.
Maintaining a record of damages to existing utilities and existing infrastructure, and associated
corrective actions taken by the contractor to make needed repairs.
Progress Reports: prepare reports documenting the various construction activities occurring
in the Project.
Damage to Existing Utilities: identify any existing facilities damaged by the Contractor and
verify that the Contractor has notified the respective owner(s). Contractor are responsible for
producing a detailed damage report with repair options.
Equipment Tests and Systems Start -Up: verify that equipment tests and systems start-ups
are conducted in the presence of appropriate personnel and that the Contractor maintains
adequate records thereof. During the tests, the Project Manager will also observe, record, and
report any appropriate details relative to the test procedures and start-up.
Photographic Record: provide a photographic record of the construction, beginning with pre -
construction documentation and ending with post -construction photographs, as well as, weekly
progress photographs. Photographs will be digital snapshot type taken to define the progress
of the project and will be labeled with the project number, location, and view. Progress
photographs will be stamped with the date and time.
SE Drainage Project Agreement
Page 36 of 54
- Adherence to Contract Documents: review materials and workmanship of the projects and
report to the City, any deviations from the contract document. Inspector will also determine
the acceptability of the work/materials and in concert with EOR.
Record Drawings: monitor to ensure that red -line drawings are being properly maintained by
the Contractor and that a Florida Registered Land Surveyor has been on -site. At a minimum,
the Project Manager will review the red -line drawings on the 20th of every month, or more
often, as deemed necessary by the Project Manager. Note that failure to maintain the red -line
drawings in an up-to-date condition may be grounds for withholding Contractor monthly
progress payments until such time as the red -line drawings are brought up-to-date. The
Inspector will notify the Project Manager if they consider the red -line drawings insufficient
and will recommend to the City; who will make a final determination if withholding payment
is merited. Project Close-out services, As -Built review and provide comments to Contractor.
As Engineer of Record, WSP is responsible of Project Final Certification and permits close out
in coordination with the Contractor.
- Notification: Through our public involvement subconsultant ISCG we will coordinate with
the Contractor to inform the neighboring residence / business establishments of the upcoming
construction work, by means of door hanger placement, adjacent to their property.
Project Completion: Inspects projects for substantial and final completion and prepares list
of any deficiencies.
INFORMATION TO BE PROVIDED BY CLIENT
In order to complete the Scope of Services, the following items are to be provided by the Client:
1. Permit application fees and agency review fees.
2. As Built or GIS Atlas for existing water, sewer and storm water facilities
3. Subsoil geotechnical report for previous projects
4. Topographic Survey prepared for previous projects in CAD format schedule of
implementation
WSP is prepared to begin the work immediately upon receiving written notice to proceed.
WSP will begin preparing the Basis of Design Report upon receipt of the notice to proceed. A
Preliminary Schedule of Implementation is provided as Exhibit A to this Proposal.
ASSUMPTIONS, EXCLUSIONS AND LIMITATIONS
1. Since the anticipated design will not utilize a proposed drainage swale in West Lake, no
wetland impacts are proposed as part of the Project. No work or swale creation as
previously designed by others will be done, since no wetlands work is proposed. It is
anticipated that there are no protected species surveys or permitting required. If there are
wetland or protected species permits required, this will be provided as additional scope.
SE Drainage Project Agreement
Page 37 of 54
2. The agencies with jurisdiction for this Project include City of Dania Beach, Florida
Department of Environmental Protection, South Florida Water Management District
(SFWMD) and Broward County.
3. SFWMD ERP is scheduled to expire in 7/7/2020. This needs to be modified.
4. As part of the previous Project, SFWMD permit application # 110106-11 has been issued.
Broward Co. License # DF 11-1042 is pending. USACE permit SAJ-2011-001999 (IP-
M5W) is pending. Broward Co. surface water permit L2009-011 is pending and will need
to be modified and is required for issuance based on no work proposed in West
Lake/property east of SE 5th Ave. The SFWMD permit will be modified or withdrawn
and the Broward Co. license App. DF 11-104Z and USACE Application will be withdrawn.
5. Scope does not include any wetland mitigation monitoring or post -construction water
quality.
6. Protected species and other incidental wildlife observations will be noted. Species -specific
assessments (such as bonneted bat, wading birds, indigo snakes) are not included in this
scope, but can be provided as an additional service.
7. There are existing outfalls to West Lake Park that were not previously permitted.
Consultant shall propose to incorporate those culverts into the permit, assuming as a Design
Criteria that Post Development discharge condition onto the West Lake Park will be
compared to Pre Development Condition. However, if the permitting agencies reject their
use or require additional agreements, legal counsel, notice of violation resolution, or
extraordinary coordination beyond the typical permitting requirements, this will be
coordinated by the City.
8. 5-year certification of surface water management system is not included.
9. Tree Permitting efforts and fees are excluded.
10. It is anticipated up to 10@ $500/EA. Subsurface geophysical utility investigations, soft
digs, as described on ASCE 38-02.
11. Traffic and Signalization Analysis is not included as part of this Proposal.
12. Proposal do not include monitoring and inspection of the contractor's Work Zone Traffic
Control Plan or requests of modifications to the Work Zone Traffic Control Plan, including
Alternate Work Zone Traffic Control Plan, to be in accordance with the applicable permits.
13. Vibration monitoring services are not included in this scope of work.
14. Permit fees are assumed to be reimbursed by the Owner. Permit Application Fees have
been estimated in $20,000 for budget purposes. Receipts from Permit Agencies will be
submitted as part of the invoices.
15. The Electric Switchgear panel will include an outlet for emergency generator connection.
The design of a standalone generator set is not included in the scope of services.
SE Drainage Project Agreement
Page 38 of 54
Project No:
Project Title:
Consultant/
Subconsultant Name:
EXHIBIT B
MAXIMUM BILLING RATES
RFQ 19-014
Dania Beach Southeast Drainage Improvements Phase 2
WSP USA INC.
MAXIMUM
MAXIMUM
MULTIPLIER
BILLING
HOURLY
RATE
RATE
TITLE
$/HR
X
=
$/HR
Director, Water
$85.73
2.85
$244.33
Resources Engineer
Lead Consultant, Water
$52.89
2.85
$150.74
Resources Engineer
Sr. Consultant, Water
$57.70
2.85
$164.45
Resources Engineer
Consultant, Water
$35.10
2.85
$100.04
Resources Engineer
Multiplier of 2.85 is calculated as follows:
OVERHEAD = HOURLY RATE X OVERHEAD (128.18)%
FRINGE = HOURLY RATE X FRINGE (35.82) %
OPERATING MARGIN = (HOURLY RATE + OVERHEAD + FRINGE) X OPERATING
MARGIN (8.0)%
MULTIPLIER = (HOURLY RATE + OVERHEAD + FRINGE +
OPERATING MARGIN) / HOURLY RATE
Consultant County
Name/Title
Date:
SE Drainage Project Agreement
Date:
Contract Administrator
Page 39 of 54
Project No:
Project Title:
Consultant/
Subconsultant Name:
EXHIBIT B
MAXIMUM BILLING RATES
RFQ 19-014
Dania Beach Southeast Drainage Improvements Phase 2
Miller Legg (Subconsultants)
MAXIMUM
MAXIMUM
MULTIPLIER
BILLING
HOURLY
RATE
RATE
TITLE
$/HR
X
=
$/HR
Principal
$83.61
3
$250.00*
Senior Engineer
$63.46
3
$190.38
Project Engineer
$49.88
3
$149.64
Sr. Surveyor
$47.84
3
$143.52
Sr. Designer/CADD
$41.00
3
$123.00
Tech
Administrative
$31.50
3
$94.50
Design/ Construction
$44.48
3
$133.44
Spec.
Survey Crew 3person)
$69.50
3
$208.50
Sr. Environmental
$49.04
3
$147.12
Scientist
**Multiplier of 3.0 is calculated as follows:
OVERHEAD = HOURLY RATE X OVERHEAD (109.94)%
FRINGE = HOURLY RATE X FRINGE (62.79) %
OPERATING MARGIN = (HOURLY RATE + OVERHEAD + FRINGE) X OPERATING
MARGIN (10.0)%
MULTIPLIER = (HOURLY RATE + OVERHEAD + FRINGE +
OPERATING MARGIN) / HOURLY RATE
Notes:
*negotiated rate/capped
**rounded down to 3.0 per negotiations meeting
Consultant
Name/Title
Date:
SE Drainage Project Agreement
Date:
County
Contract Administrator
Page 40 of 54
AMENDED EXHIBIT B
MAXIMUM BILLING RATES
Project No: RFQ 19-014
Project Title: Dania Beach Southeast Drainage Improvements Phase 2
Consultant/ Infinite Source Communications Group (Subconsultants)
Subconsultant:
AMENDED
AMENDED
MAXIMUM
ORIGINAL
MAXIMUM
BILLING
MAXIMUM
HOURLY
MULTIPLIER
RATE
HOURLY
RATE
RATE
(X% Increase)
TITLE
$/HR
$/HR
x
=
$/HR
Public
Information
$57.69
$0.00
2.7
$155.76
Officer
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Multiplier of 2.7 is calculated as follows:
OVERHEAD = HOURLY RATE X OVERHEAD (146.81)%
FRINGE = HOURLY RATE X FRINGE (24.79) %
OPERATING MARGIN = (HOURLY RATE + OVERHEAD + FRINGE) X OPERATING
MARGIN (8.0)%
MULTIPLIER = (HOURLY RATE + OVERHEAD + FRINGE +
OPERATING MARGIN) / HOURLY RATE
Notes:
Consultant has elected to use "Safe Harbor" combined fringe benefit and overhead rate of 110%
in accordance with Section 5.2.5.
Consultant
Name/Title
Date:
SE Drainage Project Agreement
Date:
County
Contract Administrator
Page 41 of 54
Project No:
Project Title:
Consultant/
Subconsultant Name:
EXHIBIT B
MAXIMUM BILLING RATES
RFQ 19-014
Dania Beach Southeast Drainage Improvements Phase 2
Conemco Engineering, Inc. (Subconsultants)
TITLE
MAXIMUM
HOURLY
RATE
$/HR
X
MULTIPLIER
=
MAXIMUM
BILLING
RATE
$/HR
Professional Engineer
$100.00
2.31
$231.00
Junior Inspector
$33.00
2.31
$76.23
Drafter
$33.00
2.31
$76.23
Multiplier of 2.31 is calculated using Safe Harbor.
OVERHEAD = HOURLY RATE X OVERHEAD (X.XX)%
FRINGE = HOURLY RATE X FRINGE (X.XX) %
OPERATING MARGIN = (HOURLY RATE + OVERHEAD + FRINGE) X OPERATING
MARGIN (X.XX)%
MULTIPLIER = (HOURLY RATE + OVERHEAD + FRINGE +
OPERATING MARGIN) / HOURLY RATE
Notes:
Consultant has elected to use "Safe Harbor" combined fringe benefit and overhead rate of 110%
in accordance with Section 5.2.5.
Consultant County
Name/Title
Date:
SE Drainage Project Agreement
Date:
Contract Administrator
Page 42 of 54
Project No:
Project Title:
Consultant/
Subconsultant Name:
EXHIBIT B
MAXIMUM BILLING RATES
RFQ 19-014
Dania Beach Southeast Drainage Improvements Phase 2
Aluces Corporation (Subconsultants)
TITLE
MAXIMUM
HOURLY
RATE
$/HR
X
MULTIPLIER
=
MAXIMUM
BILLING
RATE
$/HR
Sr. Engineer
$65.00
2.85
$185.25
Sr. Engineer
$65.00
2.85
$185.25
Sr. Project Engineer
$45.00
2.85
$128.25
Project Engineer
$33.00
2.85
$94.05
Sr. Inspector
$40.00
1
1 2.85
$114.11
Multiplier of 2.85 is calculated as follows:
OVERHEAD = HOURLY RATE X OVERHEAD (128.18)%
FRINGE = HOURLY RATE X FRINGE (35.82) %
OPERATING MARGIN = (HOURLY RATE + OVERHEAD + FRINGE) X OPERATING
MARGIN (8.0)%
MULTIPLIER = (HOURLY RATE + OVERHEAD + FRINGE +
OPERATING MARGIN) / HOURLY RATE
Notes:
Consultant
Name/Title
Date:
Date:
County
Contract Administrator
SE Drainage Project Agreement
Page 43 of 54
Project No:
Project Title:
Consultant/
Subconsultant Name:
EXHIBIT B
MAXIMUM BILLING RATES
RFQ 19-014
Dania Beach Southeast Drainage Improvements Phase 2
Terracon Consultants, Inc. (Subconsultants)
MAXIMUM
MAXIMUM
MULTIPLIER
BILLING
HOURLY
RATE
RATE
TITLE
$/HR
X
=
$/HR
Principal Engineer
$87.26
3
$261.78
Sr. Geotechnical
$52.60
3
$157.80
Engineer
Project Engineer
$42.60
3
$127.80
Sr. Engineering
$32.52
3
$97.56
Technician
Administrative Assistant
$23.05
3
$69.15
CADD/Draftin
$35.34
1
13
1 1
$106.02
"Multiplier of 3.0 is calculated as follows:
OVERHEAD = HOURLY RATE X OVERHEAD (134.31)%
FRINGE = HOURLY RATE X FRINGE (43.88) %
OPERATING MARGIN = (HOURLY RATE + OVERHEAD + FRINGE) X OPERATING
MARGIN (8.0)%
MULTIPLIER = (HOURLY RATE + OVERHEAD + FRINGE +
OPERATING MARGIN) / HOURLY RATE
Notes:
Consultant
Name/Title
Date:
SE Drainage Project Agreement
Date:
County
Contract Administrator
Page 44 of 54
Project No:
Project Title:
Consultant/
Subconsultant Name:
EXHIBIT B
MAXIMUM BILLING RATES
RFQ 19-014
Dania Beach Southeast Drainage Improvements Phase 2
Premiere Design Solutions, Inc. (Subconsultants)
TITLE
MAXIMUM
HOURLY
RATE
($/HR)
X
MULTIPLIER
=
MAXIMUM
BILLING
RATE
$/HR
Principal
$75.00
2.85
$213.75
Sr. Project Engineer
$75.00
2.85
$213.75
Project Manager
$65.00
2.85
$185.26
Sr. Engineer
$60.00
2.85
$171.00
Project Engineer
$45.00
2.85
$128.25
Engineering Technician
$35.00
2.85
$99.75
Chief Surveyor
$75.00
2.85
$213.75
Survey Technician
$30.00
2.85
$85.50
Sr. Cad Technician
$40.00
2.85
$114.00
CAD Technician
$30.00
2.85
$85.50
Sr. Field Technician
$45.00
2.85
$128.25
Field Technician
$35.00
2.85
$99.75
Administrative Assistant
$25.00
2.85
$71.25
Multiplier of 2.85 is calculated as follows:
OVERHEAD = HOURLY RATE X OVERHEAD (128.18)%
FRINGE = HOURLY RATE X FRINGE (35.82) %
OPERATING MARGIN = (HOURLY RATE + OVERHEAD + FRINGE) X OPERATING
MARGIN (8.0)%
MULTIPLIER = (HOURLY RATE + OVERHEAD + FRINGE +
OPERATING MARGIN) / HOURLY RATE
Notes:
Consultant
Name/Title
Date:
SE Drainage Project Agreement
Date:
County
Contract Administrator
Page 45 of 54
EXHIBIT B-1
REIMBURSABLES FOR DIRECT NON -SALARY EXPENSES
Reimbursable
Maximum Reimbursable
Printing, Mileage, Tolls, Parking, Postage,
Records Fees, Etc
$500.00
Permit Application Fees
$20,000.00
Soft Digs Utility Investigations (Anticipated
10/$500 Each
$5,000.00
Total Maximum Reimbursables:
$25,500.00
SE Drainage Project Agreement
Page 46 of 54
EXHIBIT C
Minimum Insurance Requirements
The Consultant shall not commence Work under the Contract until Consultant has obtained all
insurance required under this paragraph, and not until such time that the coverages are approved
by the Risk Manager of the City. The Consultant shall not allow any employee of Consultant or
any Subcontractor to commence Work on any subcontract until the Subcontractor and all
Coverages required of any Subcontractor have been obtained and approved by the Risk Manager
of the City. In addition, Consultant shall be responsible for any and all policy deductibles and self -
insured retentions.
The following are requirements that must be met regarding the Consultant's delivery of
Certificates of Insurance for all coverages required in the Agreement and Bid Documents:
"Preliminary" certificate means that certificates of insurance verifying all general insurance
requirements (as noted below) must be included with your Responses submittal on the date
and time of the opening of Responses.
If the "preliminary" certificates are not included with your submittal, then the City has the right to
consider the submitted response as non -responsive on the date and time of the response opening.
"Preliminary" Certificates may be issued without documentation of all "Special Provisions".
However, Consultants must understand that all provisions, including "Special Provisions" noted
below, are expected to be fully documented on or attached to the "Official" Certificates of
Insurance as described below.
"Official" Certificates of Insurance must be delivered to the City Clerk's Office and Risk Manager
of the City. If the "Official" certificates are not delivered before or on the fourteenth (14t')
Business Day after the issuance by the City of the "Notice of Selected Consultant", then the City
has the right to consider the awarded Agreement to the successful Consultant as void and to
negotiate a contract with the next best qualified Consultant. "Special Provisions", as referenced
below under each type of insurance requirement shall be fully confirmed on or attached to the
"Official" certificates.
All Certificates of Insurance must clearly identify the contract to which they pertain, including a
brief description of the subject matter of the contract. The certificates shall contain a provision
that coverage afforded under the policies will not be canceled until at least thirty (30) days' prior
written notice has been given to City. If this coverage is not provided, then Consultant is
responsible for such notice to City. Insurance policies for required coverages shall be issued by
companies authorized to do business under the laws of the State of Florida and any such
companies' financial ratings must be no less than A-VII in the latest edition of the "BEST' S KEY
RATING GUIDE", published by A.M. Best Guide. In the event that the insurance carrier's rating
shall drop, the insurance carrier shall immediately notify the City in writing.
Coverages shall be in force until all Work required to be performed under the terms of the
Agreement, including any applicable warranty period, is satisfactorily completed as evidenced by
the formal written acceptance by the City. In the event insurance certificates provided to City
SE Drainage Project Agreement
Page 47 of 54
indicate that the insurance shall terminate and lapse during the period of the Agreement, including
any applicable warranty period, then in that event, the Consultant shall furnish, at least thirty (30)
days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as
proof that equal and like coverages for the balance of the period of the Agreement, including any
extension of it, and including any applicable warranty period, is in effect. THE CONSULTANT
AND ANY APPROVED SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE
WORK PURSUANT TO THE AGREEMENT, UNLESS ALL COVERAGES REMAIN IN
FULL FORCE AND EFFECT. ANY DELAY IN THE WORK CAUSED BY A LAPSE IN
COVERAGE SHALL BE NON -EXCUSABLE, SHALL NOT BE GROUNDS FOR A TIME
EXTENSION, AND WILL BE SUBJECT TO ANY OTHER APPLICABLE PROVISIONS
DESCRIBED IN THE AGREEMENT OR ELSEWHERE IN THE RFQ DOCUMENTS
CONCERNING DELAY.
INSURANCE REQUIREMENTS
The Consultant shall secure and maintain throughout the duration of this RFQ and agreement, if
selected, insurance of such types and in such amounts not less than those specified below as
satisfactory to City, naming the City as Additional Insureds, underwritten by a firm rated A-X or
better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage
shall be "project specific" with regard to this Project and shall be primary insurance with respect
to the City, their officials, employees, agents and volunteers naming the City as additional
insureds. Any insurance maintained by the City shall be in excess of the Consultant's insurance
and shall not contribute to the Consultant's insurance. The insurance coverages shall include at a
minimum the amounts set forth in this section and may be increased by the Consultant as it deems
necessary or prudent.
Commercial General Liability coverage with limits of liability of not less than a $1,000,000.00 per
Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance
shall also include Completed Operations and Product Liability coverages and eliminate the
exclusion with respect to property under the care, custody and control of Consultant. The General
Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall
be in the amount of $2,000,000.00 each.
Workers' Compensation Insurance shall be maintained by Contractor and any subcontractors
during the life of the Agreement, including any applicable warranty period(s), and it is to apply to
all "statutory employees" of Contractor (as that phrase is defined by Chapter 440, Florida Statutes),
in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable
federal laws, for the benefit of the Contractor, its employees, and Subcontractors.
In the case any work is sublet as otherwise addressed in the Agreement or Bid Documents, the
Contractor shall require any Subcontractors similarly to provide Workers' Compensation
Insurance for all of the latter's employees, in addition to any coverage afforded by the Contractor,
by furnishing statutory limits Part A, and no less than One Million Dollars ($1,000,000.00)
Employers' Liability limits Part B.
IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN THE
PROSECUTION OF THE WORK, THE FOLLOWING: I) ANY EMPLOYEE,
SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO IS EXEMPTED OR
SE Drainage Project Agreement
Page 48 of 54
PURPORTED TO BE EXEMPT FROM WORKERS' COMPENSATION INSURANCE
COVERAGE; OR II) ANY EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR
EMPLOYEES WHO WILL BE COVERED BY AN EMPLOYEE LEASING
ARRANGEMENT.
SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE: (to be
confirmed on or attached to the Official Certificate of Insurance)
• 30 Days' Notice of Cancellation or modification to City (if not available on the insurance
policies, then Contractor has responsibility for notification); and
• Waiver of Subrogation.
Business Automobile Liability with minimum limits of $1,000,000.00 per Occurrence combined
single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no
more restrictive than the latest edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired,
and Non -Owned Vehicles.
Professional Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00)
per occurrence, single limit.
Coverage shall apply for a minimum of three years following completion of the project.
The above are minimum requirements for jobs up to $100,000.00. For Jobs over $100,000, the
following increased limits are required:
General Liability: $2,000,000.00 Per Occurrence/$4,000,000 Aggregate
Automobile Liability: $2,000,000.00
Professional Liability: $3,000,000.00 Per Occurrence
SE Drainage Project Agreement
Page 49 of 54
EXHIBIT D
WORK AUTHORIZATION FOR AGREEMENT
Contract Number:
Work Authorization No.
This Work Authorization is between City of and
pursuant to the Agreement, executed on
inconsistency between this Work Authorization and the
Agreement shall govern and control.
Services to be provided: [DESCRIBE IN DETAIL]
[Simple summary]
See Exhibit A for additional detail.
In
Agreement, the
Agreement at issue is _ Lump Sum/ Not -to -Exceed in the amount: $
_ ("Consultant")
.he event of any
provisions of the
The time period for this Work Authorization will be from the date of complete execution until
(__) days after Notice to Proceed for the Services to be provided under this Work
Authorization, unless otherwise extended or terminated by the Contract Administrator.
Fee Determination: Payment for services under this Work Authorization is as follows:
Services
$
General Services
$
Goods or Equipment
$
Total Cost of this Work Authorization
$
The foregoing amounts shall be invoiced by Consultant upon written acceptance by City of all
goods and services provided under this Work Authorization.
County
Contract Administrator Date
Project Manager Date City Commission or Designee Date
Consultant
Attest
SE Drainage Project Agreement
Signed
Typed Name
Title
Date
Page 50 of 54
Exhibit E CBE Subconsultant Schedule and Letters of Intent
Firm
Service
1
Premiere Design
Solutions, Inc.
Survey Services
2
Conemco
Engineering
3
4
5
Per Broward County Requirements, 30% of the work needs to be performed by a Broward County
CBE Firm. For this job, we are using Premiere Design Solutions, Inc. and Conemco Consultants
for a total CBE Percentage of 33.41%.
Add Letter of Intent from Conemco Engineering, Inc. and Premiere Design Solutions, Inc.
SE Drainage Project Agreement
Page 51 of 54
Exhibit F Subconsultant Schedule
Miller Legg
Conemco
Infinite Source
Terracon
Premier Design Solutions, Inc.
Aluces Corporation
SE Drainage Project Agreement
Page 52 of 54
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, an
cor *acts awarded by the nori+ederal aft in excess of $100,000 that evolve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,
each contractor must be required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is permissible provided that
the worker is compensated at a rate of rat less than one and a half tines the basic rate of pay for all
hogs worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable
to construction work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open market, or
Conti ads for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the
definition of -funding agreerneW under 37 CFR § 4012 (a) and the recipient or SuIxecipient wishes to
enter into a contract with a small business firm or nonprofit organization regarding the subsMuton of
parties, assignment or performance of experimental. developnmerrtar, or research work under that: *Rrdng
agreement," the recipient or &bfecipient must comply with fie rewt ments of 37 CFR Part 401, `Rights
to Invenbons Maude by Nonprofit Organizations and Small Mmiess Firms Under Gamnment Grants,
Contracts and Cooperative Agreements• and any implementing regulations issued by the awarding
agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.G. 1251-1387), as and subgrarrts of amounts in excess of $150,000 must
contain a provision that requires the non -Federal award to agree to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U_S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C.1251-1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Mandatory standards and policies rung to energy efficiency which are conhained in the
state energy conservation plan issued in compliance with the Energy Policy and Ccxrservation Act (42
U.S.C. 6201).
(1) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2
CFR 180.220) must riot be made to parties listed on the govertmentwide Excluded Parties List System in
the System for Award Management (SAM), in accordance with the OMB gusdelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR Pant 1986 Comp., p. 189) and 12689 (3 CFR Part 1989
Comp., P. 235), 'Debarment and Suspension! The Excluded Parties list System in SAM contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
(J) Byrd Anti -Lobbying Amendment (31 U_S.C.1352)—Contractors that apply or bid for an award
of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to in&*mce an officer or employee of arty agency, a member of Congress, older or employee
of Congress, or an em byee of a member of Congress in connection with obtaining any Federal couiact,
grant or arry other award covered by 31 U.S.C.1352. Each tier must also disuse any lobbying with non -
Federal funds that takes place in connection with obtairng any Federal award. Such disclosures are
forwarded from tier to tier up to the non -Federal award.
(K) See § 200.322 Rocurement of recovered materials.
SE Drainage Project Agreement
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