HomeMy WebLinkAboutR-2006-070 Camp, Dresser and Mckee Water Tank • RESOLUTION NO. 2006-070
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING A WORK AUTHORIZATION FOR CAMP,
DRESSER AND MCKEE IN THE AMOUNT OF $235,800 FOR SERVICES
DURING CONSTRUCTION RELATED TO THE GROUND STORAGE TANK
AND HIGH SERVICE PUMP STATION PROJECT; USING STATE
REVOLVING FUNDS; AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED
REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission adopted Resolution 2002-120 approving the Water,
Wastewater and Stormwater Facilities Plan; and
WHEREAS, the Ground Storage Tank and High Service Pump Station project was
identified in the Water, Wastewater and Stormwater Facilities Plan; and
WHEREAS, on February 24, 2006, the City received bids for the Ground Storage Tank
and High Service Pump Station Project, and the scope of services includes:
• Construction of a 2 million gallon ground storage tank
• • Construction of new high service pumps
• Electrical system improvements for the pumping system
• Yard piping; and
WHEREAS, there were three bidders for the project as follows:
G1obeTec Construction $3,470,025
Wharton-Smith $3,757,000
MGI-Morgan General Mech. Group $3,985,025; and
WHEREAS, the City bid selection team, reviewed the project and obtained a
recommendation from its design engineer Camp, Dresser and McKee to award the project to
G1obeTec Construction, Inc. in the amount of$3,470,025.00;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are true and correct and are
made a specific part of this Resolution. .
Section 2. That City Commission approves a work authorization for Camp, Dresser
and McKee for services during construction related to the ground storage tank and high service
• pump project in the amount of $235,800.00, provided, however that no contract will become
effective unless and until City officials complete execution of it.
Section 3. That funding for the contract shall be derived from State Revolving Funds.
Section 4. That the City Manager is designated as the authorized representative to
provide the assurances and commitments required by the loan application.
Section 5. That the City Manager is authorized to delegate responsibility to
appropriate City staff to carry out technical, financial, and administrative activities associated
with the loan agreement.
Section 6. That all resolutions or part of Resolutions in conflict with any of the
provisions of this Resolution are repealed.
Section 7. That this Resolution shall become effective immediately upon its passage
and adoption.
PASSED AND ADOPTED on April 25, 2006.
•
PATRICIA FLURY
MAYOR—COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO F AND CORRECTNESS:
i
BY: '
THO AS; . A SBRO
CITY ATTORNEY
2 ESOLUTION #2006-070
3
TO: Mayor Patricia Flury
Vice Mayor Robert Anton
Commissioner John Bertino
Commissioner Anne Castro } �.
Commissioner C. K. McElyea
FROM: Ivan Pato, City Manager
VIA: Patricia Varney, Finance Director
VIA: Dominic F. Orlando, P.E. Director of Public Services
Date: April 10, 2006
RE: Approval of Work Authorization for Camp Dresser and McKee for
Services during Construction of the Ground Storage Tank and High
Service Pump Station Project
Introduction and Background
The City Commission previously adopted Resolution 2002-120 approving the Water,
Wastewater and Stormwater Facilities Plan. The plan defines future capital
infrastructure needs for the water, sewer and stormwater systems in the City and
recommends improvements to each system based on current deficiencies, anticipated
growth demands and compliance with federal and state environmental mandates. The
Ground Storage Tank and High Service Pump Station is a portion of this plan.
On February 24, 2006, the City received bids for the Ground Storage Tank and High
Service Pump Station Project. The scope of services for this project includes:
• Construction of a 2 million gallon ground storage tank
• Construction of new high service pumps
• Electrical system improvements for the pumping system
• Yard piping
There were three bidders for the project as follows:
G1obeTec Construction $3,470,025
Wharton-Smith $3,757,000
MGI-Morgan General Mechanical Group $3,985,025
The City has reviewed the project and obtained a recommendation from its design
engineer Camp Dresser and McKee to award the project to GlobeTec Construction, Inc.
FDEP's Bureau of Water Facilities Funding has also reviewed the bids.
To oversee the work, the City requested a Work Authorization from Camp, Dresser and
McKee for construction services. The attached Work Authorization is for construction
services and the additional time spent by the consultant for coordination of the
pumping system. The amount of the Work Authorization is $235,800.00. State
Revolving Fund loans were identified in 2003 as the funding source for this project.
Loan monies were secured for the project in 2005.
Recommendation
It is recommended that the City Commission approve the attached Work Authorization
for Camp, Dresser and McKee (Exhibit A and Attachment A) in the amount of
$235,800.00 for construction services and the additional time spent by the consultant for
coordination of the pumping system, and authorize the City Manager to execute same.
CITY OF ®ANSA BEACH Agenda Item# e
Agenda Request Item
Date of Commission Meeting: 4/25/2006
Adopt Resolution ❑X Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑
Award Bid /RFP ❑ Presentation ❑ Continued from:
Requestetl Action {Idenflty approp6atePkction or Motion) _ r
nk di
Award Construction Services Contract to Camp Dresser& Mckee, Inc. (CDM)Authorization by resolution.
�Nhy Acton �s Necessary c
r. ' ..
Services needed to oversee construction of City's 2 million gallon ground storage tank and high service pump station.
Wlhat Action Accomplishes .� 3 � r y9 , k HI F
Allows project to move ahead while assuring proper construction, coordination and we meet the project schedule.
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Purchasing Requests ONLY ,"
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Dept: Acct#: 401-3303-533.31-30 Amt: $235,800.00
Fund: General: ❑ water: ❑X Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital:P� ❑
Summary Explanation/Background w '' � ,
£.
CDM is currently working on several projects involving our Utilities infrastructure and will provide services needed to see
this project through completion.
Fiscal W actlCost Summa
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SRF funding
Exhibits Attached � � �
a tRP, Aa
Resolution
Memo
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
Adthorized S;I natures t rz y s y
Submitted by
Date
Department Director
Dominic Orlando Date 04/10/06
HE Director
Date
Finance Director
Patricia Varney Date 04/13/06
City Attorney
Thomas J. Ansbro Date 04/13/06
City Manager
Ivan Pato Date 04/13/06
i. e
Ctty,Clerk tlse r lz i MOE
Pr
Commission Action:
Approved: ❑ Denied: ❑ Continued to: ❑
CITY OF DANIA BEACH
MEMORANDUM
TO: Mayor and Commissioners
FROM: Ivan Pato, City Manager
VIA: Patricia Varney, Finance Director
VIA: Dominic F. Orlando, P.E. Director of Public Services
DATE: April 13, 2006
RE: Award of Bid for Ground Storage Water Tank and High Service Pump Station
Introduction and Background
The City Commission previously adopted Resolution 2002-120 approving the Water,
Wastewater and Stormwater Facilities Plan. The plan defines future capital infrastructure needs
for the water, sewer and stormwater systems in the City and recommends improvements to each
system based on current deficiencies, anticipated growth demands and compliance with federal
and state environmental mandates. Ground Storage Water Tank and High Service Pump Station
is a portion of this plan.
On February 24, 2006, the City received bids for the Ground Storage Water Tank and High
Service Pump Station Project. The scope of services for this project includes:
• Construction of a 2 million gallon ground storage water tank
• Construction of new high service pumps
• Electrical system improvements for the pumping system
• Yard piping
There were three bidders for the project as follows:
GlobeTec Construction $3,470,025
Wharton-Smith $3,757,000
MGI-Morgan General Mechanical Group $3,985,025
A fourth bid was rejected (unopened) for failure to meet the bid requirements of attendance at the
mandatory pre-bid conference.
Mayor and Commissioners
April 13, 2006
Page 2 of 2
• The City has reviewed the project and obtained a recommendation from its design engineer
Camp Dresser and McKee (CDM) to award the project to GlobeTec Construction, Inc. FDEP's
Bureau of Water Facilities Funding has also reviewed the bids.
State Revolving Fund loans were identified in 2003 as the funding source for this project.
Florida Statutes provide for loans to local government agencies to finance the construction of
water facilities. Loan monies were secured for the project in 2005.
Recommendation
It is recommended that the City Commission award the bid for the Ground Storage Water Tank
and High Service Pump Station project to GlobeTec Construction in the amount of
$3,470,025,00, and authorize the City Manager to execute the appropriate documents for same.
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6365 N.W.6th Way,Suite 320
Fort Lauderdale,Florida 33309
tel: 954 776-1731
fax: 954 928-1649
February 20, 2006 (Revised March 10,2006)
Mr. Dominic F. Orlando, P.E.
Public Services Director
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach,Florida 33004
Subject: Ground Storage Tank and High Service Pump Station
Services During Construction
Dear Mr. Orlando:
Enclosed are the proposed scope of work and engineering budget for engineering services
during construction for the above-referenced project. This scope includes part-time resident
project representative (RPR) services equivalent to approximately 12 hours per week over the
construction contract period. Also, as discussed previously,we have included in the budget
an estimate of labor expended during design for additional services associated with design of
the variable frequency drive (VFD) system for the high service pumps and the stand-by
power generator.
Please review this at your convenience. We are available to meet with you at your
convenience to discuss this scope and address any questions you may have.
Very truly yours,
Jonathan Z. Golcrman, P.E., DEE
Associate
Camp Dresser &McKee Inc.
JZG/FAB/ph
Enclosure
File: 28037-45084-003.DN
c: Fred Bloetscher, Public Utility Management and Planning Services, Inc.
Ph6595
consulting-engineering-construction -operations
AGREEMENT
THIS IS AN AGREEMENT the "Agreement") dP� t_( g nt ) entered into on �1 ,2006,
between:the City of Dania Beach,Florida,a municipal corporation, (the"City")and Camp Dresser
& McKee Inc. (the "Consultant").
In consideration of the mutual covenants,terms and conditions contained in this Agreement,
and other good and valuable consideration,the adequacy and receipt of which are acknowledged, the
parties agree as follows:
1. Scope of Services. The Consultant agrees to perform consultant services for the City
in accordance with the scope of services described in Exhibit"A"(Ground Storage Tank and High
Service Pump Station Engineering Services During Construction), a copy of which is attached and
made a part of this Agreement by this reference. The Parties acknowledge and agree that services are
to commence on May 3,2006, and that that date is the effective date and commencement date of the
services.
2. Subcontracts. Consultant may subcontract certain items of work. It is expressly
agreed by the parties,however,that the City shall approve in advance in writing any subcontractors
and the fees to be paid them by Consultant prior to any such subcontractor proceeding with any such
work.
3. Payment for Services.
A. City agrees to pay Consultant for services provided by Consultant, as
described in Section 1,an agreed upon lump sum amount of two hundred thirty-five thousand,eight
hundred dollars($235,800)(the"Fee"). The Fee includes full payment,including all labor,overhead
and other costs.No travel and meal costs are reimbursable unless incurred outside of Miami-Dade,
Broward and Palm Beach Counties,and approved in writing in advance by the City.Any such costs
are payable at the City reimbursement rate.
B. Any necessary additional work, as determined by City, which is not covered
by the scope of services described in the attached Exhibit "A" (Ground Storage Tank and High
Service Pump Station Engineering Services During Construction),shall not be undertaken without a
written amendment to this Agreement to that effect, executed in advance by both parties.
C. Consultant shall submit its invoices in the format and with supporting
documentation as may be required by City.
D. City shall pay Consultant monthly for services rendered within thirty (30)
calendar days from date of approval of each of Consultant's invoices by the City Manager. If any
errors or omissions are discovered in any invoice, City will inform Consultant and request revised
copies of all such documents. If any disagreement arises as to payment of any portion of an invoice,
City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring
to resolve the disputed portion.
E. Any invoice which is not timely paid as prescribed above will be subject to the
accrual of interest at the statutory rate prescribed by applicable Florida law.
4. Indemnification of City.
A. Consultant shall indemnify and hold harmless City, its officers, employees and
agents (collectively, the "City"), from liabilities, damages, losses, and costs, including, but not limited to
reasonable attorney fees, to the extent caused by the negligence, recklessness or intentional wrongful
misconduct of Consultant and persons employed or utilized by Consultant in the performance of this
Agreement, including any Subconsultant and Subcontractor.
B. To the extent considered necessary by City any sums due Consultant under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to
payment of interest by City.
C. To the extent this indemnification clause does not comply with Florida law this
provision and all aspects of this Agreement shall be interpreted as the parties' intention for the
indemnification provisions and this Agreement to comply with Florida law applicable to indemnification.
5. Insurance. Consultant shall provide,pay for and maintain in force at all times during
the term of this Agreement, such insurance, including professional liability insurance, Workers'
compensation insurance and comprehensive general liability insurance as stated below:
A. Professional liability insurance with minimum limits of liability of One
Million Dollars ($1,000,000.00) to assure the City of coverage of the
indemnification specified in this Agreement.
B. Workers' Compensation insurance to apply for all employees in compliance
with the "Workers' Compensation Law" of the State of Florida and all
applicable federal laws, for the benefit of the Consultant's employees.
C. Comprehensive general liability insurance, including contractual, with
minimum limits of One Million Dollars ($1,000,000.00) per occurrence,
combined single limit for bodily injury liability and property damage liability.
The City is to be included as an "additional insured" with respect to any
claims arising out of this Agreement.
D. Automobile Liability with minimum limit of One Million Dollars
($1,000,000.00) combined single limit.
E. If Consultant hires a subcontractor for any portion of any work, then such
• subcontractor shall provide general liability insurance with minimum limits
of liability of One Million Dollars ($1,000,000.00).
Page 2 of 9
F. The Consultant shall provide the Risk Manager of the City Certificates of
Insurance for coverages and policies required by this Agreement. All
certificates shall state that the City shall be given thirty (30) days' advance
notice prior to expiration or cancellation of any policy. Such policies and
coverages shall not be affected by any other policy of insurance which the
City may carry in its own name.
6. Assignment of Agreement.
A. It is understood and agreed by both parties that this Agreement,in whole or in
part, cannot be assigned,sublet or transferred by the Consultant without the prior written consent of
City. The City is relying upon the apparent qualifications and expertise of Jonathan Z. Goldman,
P.E., DEE, one of Consultant's associates, and such person's familiarity with the City's
circumstances and desires. In the event Consultant wishes to re-assign or replace such individual,
the Consultant shall tender one or more substitutes acceptable to City. In the event the City is not,
for any reason or no reason at all, satisfied with such substitute, Consultant shall be considered in
breach of this Agreement. Violation of the terms of this paragraph shall constitute a breach of
Agreement by Consultant and City may,at its discretion,terminate this Agreement for cause and all
rights, title and interest of Consultant in this Agreement shall then cease and terminate.
B. The Consultant acknowledges, understands and agrees that its performance
under this Agreement is or may be contingent upon the City receiving timely services from other
consultants whose subcontracts must be approved by City as specified in Paragraph 2, above (the
"Supporting Consultants"). The Consultant agrees to use its best efforts to coordinate its services
with the services of the Supporting Consultants and further agrees that in the event the rendition of
any services of any of the Supporting Consultants is delayed, such delay will not entitle the
Consultant to any additional compensation or payment of any kind. Furthermore, the Consultant
shall not be entitled to an increase in compensation, or be entitled to payment of any kind from the
City, for damages or expenses incurred which are direct,indirect or consequential or other costs and
Iost profits of any kind including, but not limited to, costs of acceleration, inefficiency or extended
overhead,arising because of any other delay,disruption,interruption,interference or hindrance from
any cause whatsoever,whether such delay,disruption or interference be reasonable or unreasonable,
foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision
shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by
fraud,bad faith or active malicious interference on the part of the City. The Consultant shall only be
entitled to extensions of time for performance as the exclusive and sole remedy for delay.
7. Examination of Records. Consultant shall maintain books, records, documents and
other evidence directly pertinent to performance of work under this Agreement in accordance with
generally accepted accounting principles and practices. The Consultant shall also maintain the
financial information and data used by the Consultant in the preparation of support of any claim for
reimbursement for any out-of-pocket expense or cost. The City shall have access to such books,
records, documents and other evidence for inspection, audit and copying during normal business
hours. The Consultant will provide proper facilities for such access and inspection. Audits
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conducted under this section shall observe generally accepted auditing standards and established
procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida
Statutes,may have application to records or documents pertaining to this Agreement and Consultant
acknowledges that such laws have possible application and agrees to comply with all such laws.
8. Termination.
A. Termination of Agreement for Convenience. It is expressly understood and
agreed that the City may terminate this Agreement at any time for any reason or no reason at all by
giving the Consultant written notice by certified mail, return receipt requested, directed to the
principal office of the Consultant,thirty(30) days in advance of the termination date. In the event
that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled to be
compensated for the services rendered from the effective date of execution of the Agreement up to
the date of receipt of Notice of termination. Such compensation shall be based on the percentage of
work completed, as fairly and reasonably determined by City after conferring with Consultant.
B. Termination of Agreement for Cause. If City elects to terminate the
Agreement for cause, City will provide Consultant five (5) days' advance written notice. If
Consultant promptly cures the matter giving rise to the cause within that time,this Agreement shall
continue. If not timely cured,the Agreement will stand terminated and the City will pay Consultant
for work completed less any costs, expenses and damages incurred by City as a result of such
termination. If a court of competent jurisdiction determines that the termination was not authorized
under the circumstances then the termination shall be deemed to be a termination for convenience
and the City will not be entitled to any additional costs, expenses and damages as a result of
termination.
9. Ownership of Documents. All correspondence, studies, data, analyses, documents,
instruments, applications, memorandums and the like, including drawings and specifications
prepared or furnished by Consultant (and Consultant's independent professional subcontractors or
subconsultants)pursuant to this Agreement shall become owned by and be the property of the City
and the City shall consequently obtain ownership of them by any statutory common law and other
reserved rights, including copyright; however, such documents are not intended or represented by
Consultant to be suitable for reuse by City on extensions of the work or on any other work or project.
Any such reuse, modification or adaptation of such document without written verification or
permission by Consultant for the specific purpose intended will be at City's sole risk and without
liability or legal exposure to Consultant or to Consultant's independent professional subconsultants.
If City alters any such documents, City will expressly acknowledge same so that no third party will
be in doubt as to the creation or origination of any such document.
Notwithstanding any provision to the contrary contained in this Agreement,
CONSULTANT shall retain sole ownership to its preexisting information including but not
limited to computer programs, software, standard details, figures, templates and specifications.
When transferring data in electronic media format, CONSULTANT makes no
representation as to long term compatibility,usability,or readability of documents resulting from the
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use of software application packages,operating systems,or computer hardware differing from those
• used by CONSULTANT at the beginning of the Project.Because the data stored in electronic media
format can deteriorate or be modified inadvertently or otherwise without authorization of the data's
creator,the party receiving electronic files agrees that it will perform acceptance tests or procedures
within 60 days, after which the receiving party shall be deemed to have accepted the data thus
transferred. Any errors detected within the 60-day acceptance period will be corrected by the parry
delivering the electronic files. CONSULTANT shall not be responsible to maintain documents
stored in electronic media format after acceptance by Owner. The original hard copy of the
documents containing the professional engineer's seal shall take precedence over the electronic
documents.
10. Notices. Except as provided above,whenever either party desires to give notice to the
other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested,
addressed to the party for whom it is intended, at the place last specified and the place for giving of
notice in compliance with the provisions of this paragraph. For the present,the parties designate the
following as the respective persons and places for giving of notice:
City: Ivan Pato, City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a copy to: Thomas J. Ansbro, City Attorney
100 West Dania Beach Blvd.
Dania Beach, Florida 33004
Consultant: Jonathan Z. Goldman., P.E., DEE
Camp Dresser& McKee Inc.
6365 N.W. 6t" Way, Suite 320
Fort Lauderdale, Florida 33309
11. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal action
arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth Judicial
Circuit in and for Broward County, Florida, or the federal District Court in the Southern District of
the United States. Each party further agrees that venue for any action to enforce this Agreement shall
be in Broward County, Florida.
12. Governing Law. The parties agree that this Agreement shall be construed in
accordance with and governed by the laws of the State of Florida.
13. Attorneys' Fees and Costs. If City or Consultant incurs any expense in enforcing the
terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and
expenses including, but not limited to, court costs and reasonable attorneys' fees.
14. Headings. Headings in this document are for convenience of reference only and are
not to be considered in any interpretation of this Agreement.
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15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this
F Agreement. Each such exhibit is a part of this Agreement and each is incorporated by this reference.
{
16. Severability. If any provision of this Agreement or the application of it to any person
or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement,
and the application of such provisions to persons or situations other than those as to which it shall
have been held invalid or unenforceable, shall not be affected, shall continue in full force and effect,
and shall be enforced to the fullest extent permitted by law.
17. All Prior Agreements Superseded. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements and understandings applicable to the
matters contained in this Agreement 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, it is agreed that no deviation from the terms of this Agreement shall be
predicated upon any prior representations or agreements, whether oral or written.
18. Consultant and its employees and agents shall be and remain independent contractors
and not employees of City with respect to all of the acts and services performed by and under the
terms of this Agreement. This Agreement shall not in any way be construed to create a partnership,
association or any other kind of joint undertaking, enterprise or venture between the parties to this
Agreement.
19. The Consultant understands and agrees that the City, during any fiscal year, is not
authorized to expend money, incur any liability, or enter into any contract which, by its terms,
involves the expenditure of money in excess of the amounts budgeted as available for expenditure
during such fiscal year and that any contract,verbal or written,made in violation of this subsection is
null and void and that consequently, no money may be paid on such contract beyond such limits.
Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one
(1)year,but any contract so made shall be executory only for the value of the services to be rendered
or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under
this Agreement without City's written verification that the funds necessary for Consultant
compensation and other necessary expenditures are budgeted as available within the appropriate
fiscal year budget.
20. Consultant warrants and represents that no elected official,officer,agent or employee
of the City has a financial interest,directly or indirectly,in this Agreement or the compensation to be
paid under it and, further, that no City employee who acts in the City of Dania Beach as a
"purchasing agent"as defined in Chapter 112,Florida Statutes,nor any elected or appointed officer
of the City of Dania Beach,nor any spouse or child of such purchasing agent,employee or elected or
appointed officer, is a partner, officer, director or proprietor of the Consultant and, further, that no
such City employee,purchasing agent,City elected or appointed officer,or the spouse or child o f any
of them,alone or in combination,has a material interest in the Consultant. Material interest means
direct or indirect ownership of more than five percent(5%)of the total assets or capital stock of the
Consultant.
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• 21. Consultant shall comply with all federal, state and City laws applicable to the
Consultant services and specifically those covering Equal Opportunity Employment,the Americans
With Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public
Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all
provisions of all laws and the City reserves the right to verify the Consultant's compliance with
them. Failure to comply with any laws will be grounds for termination of the Agreement for cause.
22. In the event of any conflict between any provisions of this Agreement and any
provision in any attached Exhibit, the parties agree that the provisions of this Agreement are
controlling (including, but not limited to, all terms and provisions governing compensation).
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and
year fist above written.
•
•
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• CITY:
i
CITY OF DANIA BEACH,
a Florida Municipal Corporation
ATTEST:
LOUISE STILSON PATRICIA FLURY
CITY CLERK MAYOR
F
VAN PATO/, CITY MANAGER
APPROVED FOR FORM APPROVED AS TO "SCOPE OF
AND CORRECTNESS: SERVICES"
THO J. SBRO OMINIC F. ORL NDO, P.E.
CITY ATTORNEY PUBLIC SERVICES DIRECTOR
Page 7 of 8
CONSULTANT:
• Sind sealed an delivered
Signed, d deli CAMP DRESSER & McKEE INC.
in the presence of:
0 �"X By:
VtnM"& C. E. Lawrence Adams, Jr., P.E., DEE
Witness Print Name
Vice President
Title
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoin instrument was acknowledged before me on `� a 5� , 2006, by
C�' and as
and " , respectively, of (Consultant
Name) ,a Florida corporation,on behalf of the corporation. They are personally
known to me or have produced as identification and did(did not)
take an oath.
NOTARY IRU BLYC, State of Florida
My commission expires:
y�;':EXPIRES:
IRIS:BNELSON
OMMI #DD 4.
• er20,�.':,Thu
NWc UrMen.::.
p. Oct
Page 9 of 9
Exhibit A
City of Dania Beach
Ground Storage Tank and Nigh Service Pump Station
Engineering Services During Construction
Scope of Work
1. Background and General Description of Services
In 2003,the City's program manager,Mr. Fred Bloetscher,Ph.D., P.E.,of Public
Utility Management and Planning Services,Inc.,prepared the Water, Wastewater,
and Storm inter Facilities Plan, City of Da17ia Beach, Florida. Construction of a water
storage tank was recommended in the report,based on a requirement by the
Broward County Health Department. Accordingly, the City's Five-Year Capital
Improvement Program(CIP)includes construction of the storage tank. The CIP
also includes replacement of the existing high service pumps in fiscal year (FY)
2007-2008. To maintain continuity of plant operations and optimize plant
hydraulics,CDM recommended that construction of the ground storage tank and
installation of the new high service pumps be completed under one project.
Design services for this project were authorized under Work Authorization No. 1,
and were completed in February 2006.
This authorization is for engineering services during construction associated with
the new ground storage tank and high service pump station designed under
Work Authorization No. 1. In addition to the engineering services during
construction,this authorization provides for additional design and permitting
services that were found to be necessary and were completed by CDM during
design of the ground storage tank and high service pump station,which were not
included in the Work Authorization No. 1 scope of services. These services are
listed as"additional design services' below and described in the following scope
of work.
In general,the services to be provided under this scope of work will consist of the
following:
A. General Services During Construction
B. Resident Project Representative Services
C. Special Services During Construction
D. Additional Design Services
A-1
Ph8596WIM6
II. Scope of Work
A. General Services During Construction
The Consultant shall provide Basic Engineering Services in accordance
with this scope of work prior to and during the proposed contract
construction period to Final Completion (FC). This scope of work is for
services during construction based on the Contract Time presented in the
bid documents,as discussed in Section 111. Services beyond these dates
due to construction delays are not included. Basic Engineering Services
shall 'include the following:
1. Execution of Contract Documents
After issuance of a Notice of Award by the City, the Consultant
will request and review information from the Contractor and assist
the City and coordinate with the Contractor in execution of the
Contract Documents between the City and the Contractor.
2. Conformed Contract Documents
The Consultant shall conform the bid documents by incorporating
addenda changes to the Drawings and Project Manual. Two copies
of the conformed Contract Documents will be prepared, signed
and sealed by the Consultant,for submittal to the Building
Department by the Contractor. Two additional sets of conformed
Contract Documents will be submitted to the City for record
purposes. Copies of the conformed Documents will also be
submitted to regulatory agencies,as appropriate for record
purposes. Consultant shall issue the Contract Documents for
construction,consisting of conformed bid documents plus any
Building Department permit revisions as follows:
Contractor: 3 full-size sets
2 half-size sets
City: 1 full-size set
3 half-size sets
CM A-2
P�6598�1fS01W
3. Prepare and Issue Notice to Proceed/Preconstruction Meeting
Consultant shall provide necessary technical and administrative
support to the City for the issuance of a Notice to Proceed (NTP)
including organizing,coordinating, attending,and conducting a
Preconstruction Conference. The Consultant shall compile,
prepare,and distribute minutes of the Preconstruction Conference
to all attendees and others,as appropriate.
4. Substitution of Materials and Equipment
The Consultant shall investigate,study, and advise the City on any
proposed substitutions of material or equipment and shall advise
the City with respect to same in accordance with the Contract
Documents.
The costs of reviewing substitute products,as submitted by the
Contractor,shall be separately billed to the City and payment
made to the Consultant. Reimbursement to the City,by the
Contractor,shall be as defined within the construction Contract
Documents.
5. Administer Construction Contract
Consultant shall administer the City's construction Contract with
the Contractor in accordance with the General and Supplementary
Conditions of the Contract. Consultant shall serve as the
"ENGINEER"as defined in the Conditions of the Contract.
6. Consult and Advise
Consultant shall provide technical advice and assistance to the City
during the construction period. Consultant shall provide necessary
interpretations and clarifications of the Contract Documents. The
Consultant shall maintain a computerized document control
system(CDCS) to facilitate the tracking of documents during the
construction period.
7. Respond to Requests for Information (RFI)
Consultant shall receive,log in,distribute,and respond to RFIs
related to technical interpretation of the drawings and
specifications and requested changes to the Work.
cm A-3
PhG59619fl0/06
8. Periodic Site Visits
Consultant shall provide periodic site visits at intervals
appropriate to the various stages of construction to observe site
conditions and the Work to determine whether the Work is in
conformance to the Contract Documents.
9. Progress Meetings
Consultant shall conduct on-site project progress meetings on a
monthly basis and prepare and distribute meeting minutes and
periodic reports of field working conditions. Consultant's
Construction Coordinator and Resident Project Representative will
attend each meeting. Various design engineers will also attend the
meeting at the appropriate stages of work.
10. Review Shop Drawings Submittals
Consultant shall receive and log in all shop drawings and
distribute to appropriate parties for review. Consultant shall
review shop drawings and samples,the results of tests and
inspections,and other data submitted by the Contractor to
determine whether the Work is in conformance to the Contract
Documents. Consultant shall distribute submittals to appropriate
entities after review. The cost of reviewing more than two (2)
submittals of a single document due to Contractor's failure to
adequately address the Consultant's comments shall be separately
billed to the City and payment made to the Consultant.
Reimbursement to the City for these additional reviews,by the
Contractor,shall be as defined within the construction Contract
Documents.
11. Review Payment Requests and Schedules
Consultant shall review pay requests and make recommendations
to the City for payment to the Contractor. Consultant shall review
Contractor's Preliminary Progress Schedule and monthly progress
updates through completion.
12. Perform Milestone Site Visits
Consultant shall visit the site to determine if the project is ready for
partial utilization,substantial completion,and final completion to
determine if the Work has been completed in accordance with the
cm A-4
Ph659Bt1/10lB6
Contract Documents. Consultant shall prepare a punchlist of items
remaining to be completed by the Contractor as part of each
milestone.
13. Project and Quality Management
The Consultant shall provide administrative functions required to
manage the Consultant's project elements including schedule and
budget. Specific activities will include:
• Project Update Meetings-Consultant's project manager will
prepare for and hold internal monthly status meetings with key
project staff members throughout the life of the project.
■ Quality Assurance(QA)/Technical Review-Consultant will
maintain a program of QA on this project,including periodic
(e.g.,quarterly) review of records and documentation.
■ Preparation of Status Reports-Consultant's project manager
shall prepare monthly written progress reports summarizing
activities completed,work remaining,and identifying any
problems which are ongoing or may be anticipated.
B. Resident Project Representative Services
The Consultant shall provide the services of a part time Resident Project
Representative (RPR) to observe work of the Contractor for conformance
to the Contract Documents. The RPR is the ENGINEER's agent and will
act as directed by and under the supervision of the ENGINEER,and will
confer with the ENGINEER regarding their actions in accordance with the
provisions of the Contract Documents. The RPR's dealings in matters
pertaining to the on-site work shall in general be only with the ENGINEER
and Contractor. Dealings with subcontractors shall only be through or
with the full knowledge of the Contractor. Written communication with
the City will be only through or as directed by the ENGINEER. The
Duties and Responsibilities of the RPR are listed in Attachment A. This
scope of work is based on an average of approximately 12 hours per week
of RPR services during the construction period(from the Notice to
Proceed to Final Completion).
A-5
Ph650615/1 W06
• C. Special Services During Construction
The Consultant shall also provide supplementary and specific services
during construction. These services shall include the following:
1. Building Permit Process Assistance
Consultant shall provide technical and administrative assistance to
the Contractor in obtaining a City of Dania Beach Building Permit,
including signing and sealing of documents for submittal to the
Building Department,responding to questions and requests for
information issued by the Building Department during the review
process,and attendance at the final review meeting.
2. Change Orders
Consultant shall negotiate with the Contractor on behalf of the City
the scope and cost for any necessary change orders. Consultant
shall prepare change order documentation to reflect adjustments to
the construction Contract when warranted due to unforeseen
conditions. An average of one change order per three months,in
addition to a final reconciliation change order,are budgeted.
• 3. Record Drawings/Final Certification/Regulatory Agency
Documentation
Consultant shall coordinate the receipt and review of the
Contractor's information showing those significant changes made
during the construction process. Consultant shall prepare for the
City a set of reproducible (velum) record drawings, an AutoCAD
diskette copy,and two (2)blackline print sets showing those
changes made during the construction process,based on
information furnished by the Contractor.
Consultant shall prepare final certifications of completion of
construction to appropriate regulatory agencies,along with record
drawings as appropriate.
4. Start-Up Coordination and Assistance
Consultant shall provide services associated with start-up of the
pumping system,which shall consist of the following items:
MM A-6
Ph6596W10106
■ Consultant shall coordinate receipt and review of equipment
vendor training manuals as submitted by the Contractor in
accordance with the Contract Documents.
■ Consultant shall assist with the scheduling of manufacturer's
start-up and training requirements identified in the Contract
Documents.
■ Consultant shall attend selected manufacturer's on-site training
sessions.
■ Consultant shall attend and observe start-up.
■ Consultant shall provide debugging assistance during start-up.
■ Consultant shall assist in connection with refining or adjusting
any equipment or system for the project.
■ Consultant shall assist in developing systems and procedures
for operational control.
5. Project CIoseout and Final Submittals
Consultant shall review the Contractor's certified survey of the
Work. Consultant shall organize and participate in final project
reconciliation meetings with the City or the Contractor and jointly
where required. Consultant shall prepare the closeout documents
and coordinate the closeout of the project.
D. Additional Design Services
1. Variable Frequency Drive Design Services
CDM's original scope of services for the ground storage tank and
high service pump station design was based on a constant-speed,
pressure based control system for the high service pump station.
During the design,it was decided that a system incorporating
variable frequency drives (VFDs)would provide the City a more
flexible system and maintain more stable distribution system
pressures at a comparable capital cost.
Z. Generator Power Design
During the preliminary design and permitting phase of the ground
storage tank and high service pump station design effort,it was
determined that the City of Dania Beach Water Treatment Plant
did not have adequate stand-by power to meet permitting
requirements for the new high service pump station.
Consequently,it was necessary to evaluate these requirements on a
plant-wide basis under current and future conditions,and to size
A-7
and design a new standby power system(i.e., diesel powered
generator set) to be installed with the new high service pump
station to obtain the necessary Florida Department of
Environmental Protection (FDEP) permit for the project. This
required additional out-of-scope services to complete permitting
and the design documents. These services are provided for under
this task.
III. Time of Completion
The time of completion dependent upon the Contractor's completion of
construction and is not within the control of the Consultant. This proposal is
based on the Contract Times included in the"as-bid" construction contract
documents (i.e.,270 days to Substantial Completion and 300 days to Final
Completion). If necessary,additional engineering services associated with an
extension of construction beyond these dates will be provided under a separate
authorization.
IV. Proposed Compensation
Engineer shall perform the services defined in this scope of work for a lump sum
fee of$235,800,which includes labor and other direct costs. Invoices will be
submitted to the City and paid monthly based on the percentage of work
completed to date.
CM A-8
PMf99913l10l09
Attachment A
1. Duties and Responsibilities of RPR
a. The RPRs will review the progress schedule,schedule of Shop Drawing
submissions, and schedule of values prepared by the CONTRACTOR and
consult with ENGINEER concerning their acceptability.
b. Conferences: Attend preconstruction conferences. Arrange a schedule of
progress meetings and other job conferences as required in consultation with
ENGINEER and notify those expected to attend in advance. Attend meetings,
and maintain and circulate copies of minutes thereof.
c. Liaison:
i. Serve as ENGINEER's liaison with CONTRACTOR, working principally
through CONTRACTOR's superintendent and assist him in understanding
the intent of the Contract Documents. Assist ENGINEER in serving as the
CITY's liaison with CONTRACTOR when CONTRACTOR's operations
affect the CITY's on-site operations.
ii. As requested by ENGINEER,assist in obtaining from the CITY additional
details or information, when required at the job site for proper execution of
the Work.
d. Shop Drawings and Samples:
i. Receive and record date of receipt of Shop Drawings and samples,receive
samples which are furnished at the site by CONTRACTOR, and notify
ENGINEER of their availability for examination.
ii. Advise ENGINEER and CONTRACTOR or its superintendent immediately
of the commencement of any Work requiring a Shop Drawing or sample
submission if the submission has not been approved by ENGINEER.
e. Review of Work,Rejection of Defective Work,Inspections and Tests:
i. Conduct on-site observations of the Work in progress to assist ENGINEER
in determining if the Work is proceeding in general conformance to the
Contract Documents and that completed Work will conform to the Contract
Documents.
ii. Report to ENGINEER whenever he believes that any Work is
unsatisfactory,faulty,or defective or does not conform to the Contract
Documents, or does not meet the requirements of any inspections, tests,or
approval required to be made or has been damaged prior to final payment;
QCOES wTP1 A ATTA A-1
Ph659808/06
Attachment A(Continued)
and advise ENGINEER when he believes Work should be corrected or
rejected or should be uncovered for observation,or requires special testing,
inspection,or approval.
iii. Verity that tests, equipment,and system's start-ups, and operating and
maintenance instructions are conducted as required by the Contract
Documents and in presence of the required personnel,and that
CONTRACTOR maintains adequate records thereof;observe,record,and
report to ENGINEER appropriate details relative to the test procedures and
start-ups.
iv. Accompany visiting inspectors representing public or other agencies
having jurisdiction over the Project,record the outcome of these inspections
and report to ENGINEER.
f. Interpretation of Contract Documents: Transmit to CONTRACTOR
ENGINEER's clarifications and interpretations of the Contract Documents.
g. Modifications: Consider and evaluate CONTRACTOR's suggestions for
modifications in Drawings or Specifications and report them with
recommendations to ENGINEER.
h. Records:
i. Maintain at the job site orderly files for correspondence,reports of job
conferences,Shop Drawings and sample submissions,reproductions of
original Contract Documents including all addenda,change orders,field
orders, additional Drawings issued subsequent to the execution of the
Contract,ENGINEER's clarifications and interpretations of the Contract
Documents,progress reports,and other Project-related documents.
ii. Keep diary or log book,recording hours on the job site,weather conditions,
data relative to questions of extras or deductions,list of visiting officials
and representatives of manufacturers,fabricators,suppliers and
distributors, daily activities,decisions, observations in general, and specific
observations in more detail as the case of observing test procedures. Send
copies to ENGINEER.
iii. Record names,addresses,and telephone numbers of all contractors,
subcontractors,and major suppliers of materials and equipment.
i. Reports:
i. Furnish ENGINEER periodic reports,as required,of progress of the Work
and CONTRACTOR's compliance with the approved progress schedule
and schedule of Shop Drawing submissions. Clerical assistance associated
with the preparation of daily reports will be provided by the CITY.
BCOEW WTPSAATTA A-2
Ph65981318106
Attachment A (Continued)
ii. Consult with ENGINEER in advance of scheduled major tests,inspections,
or start of important phases of the Work.
iii. Report immediately to ENGINEER upon the occurrence of any accident.
j. Payment Requisitions: Review applications for payment with CONTRACTOR
for compliance with the established procedure for their submission and
forward them with recommendations to ENGINEER,noting particularly their
relation to the schedule of values,Work completed, and materials and
equipment delivered at the site but not incorporated in the Work.
k. Certificates,Maintenance and Operation Manuals: During the course of the
Work, verify that certificates,maintenance and operation manuals,and other
data required to be assembled and furnished by CONTRACTOR are applicable
to the items actually installed,and deliver this material to ENGINEER for his
review and forwarding to the CITY prior to final acceptance of the Work.
1. Completion:
i. Before ENGINEER issues a Certificate of Substantial Completion,submit to
CONTRACTOR a list of observed items requiring completion or correction.
Two Certificates of Substantial Completion will be issued;one for Partial
Utilization and one for Substantial Completion.
ii. Conduct final inspection in the company of ENGINEER,the CITY, and
CONTRACTOR and prepare a final list of items to be completed or
corrected.
iii. Verify that all items on final list have been completed or corrected and
make recommendations to ENGINEER concerning acceptance.
2. Limitations of Authority
Except upon written instructions of ENGINEER,Resident Project Representative:
a. Shall not authorize any deviation from the Contract Documents or approve any
substitute materials or equipment.
b. Shall not exceed limitations on ENGINEER's authority as set forth in the
Contract Documents.
c. Shall not undertake any of the responsibilities of CONTRACTOR,
subcontractors or CONTRACTOR's Superintendent,or expedite the Work.
BCOEW WTPIAATTA A-'
Ph65981918106
Attachment A (Continued)
d. Shall not advise on or issue directions relative to any aspect of the means,
methods, techniques,sequences, or procedures of construction unless such is
specifically called for in the Contract Documents.
e. Shall not advise on or issue directions as to safety precautions and programs in
connection with the Work.
f. Shall not authorize the CITY to occupy the Project in whole or in part.
g. Shall not participate in specialized field or laboratory tests.
BCOE W WTP 1A ATTA A-4
Ph659813/8/06
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com
• 6365 N.W.6th Way,Suite 320
Fort Lauderdale,Florida 33309
tel: 954 776-1731
fax: 954 928-1649
February 20, 2006 (Revised April 25,2006)
Mr. Dominic F. Orlando,P.E.
Public Services Director
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Subject: Ground Storage Tank and High Service Pump Station
Services During Construction
Dear Mr. Orlando:
• Enclosed are the proposed scope of work, engineering budget and associated agreement for
engineering services during construction for the above-referenced project. This scope
includes part-time resident project representative (RPR) services equivalent to approximately
12 hours per week over the construction contract period. Also, as discussed previously,we
have included in the budget an estimate of labor expended during design for additional
services associated with design of the variable frequency drive (VFD) system for the high
service pumps and the stand-by power generator.
Please review this at your convenience. We are available to meet with you at your
convenience to discuss this scope and address any questions you may have.
Very truly yours,
QV-*
Jonathan Z. Goldman,P.E., DEE
Associate
Camp Dresser&McKee Inc.
JZG/FAB/ph
Enclosure
File: 28037-45084-003.DN
• c: Fred Bloetscher, Public Utility Management and Planning Services,Inc.
Ph6595
consulting•engineering•construction•operations