HomeMy WebLinkAboutR-2006-115 CDM Water Main Looping Phase I RESOLUTION NO. 2006-115
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RELATING TO THE AWARD OF AN AGREEMENT
FOR THE WATER MAIN LOOPING PHASE I — WATER PLANT TO
DOWNTOWN WATER MAIN PROJECT; USING STATE REVOLVING
FUNDS; AUTHORIZING THE AWARD OF A WORK AUTHORIZATION TO
CAMP, DRESSER AND MCKEE (CDM) FOR CONSTRUCTION SERVICES
ASSOCIATED WITH CONSTRUCTION OF THE WATER MAIN LOOPING
PHASE I — WATER PLANT TO DOWNTOWN WATER MAIN FOR THE
CITY WATER SYSTEM IN THE AMOUNT OF $152,000.00; 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, construction of the Water Main Looping Phase I — Water Plant To
Downtown Water Main project was among the projects identified in the Water, Wastewater and
Stormwater Facilities Plan; and
WHEREAS, on May 10, 2006, the City received bids for the construction of the Water
Main Looping Phase I—Water Plant To Downtown Water Main project; and
WHEREAS,three bids were evaluated as follows:
Total Base Bid Bid Item A
MEF Construction, Inc. $1,794,405.00 $150,000.00
GlobeTec Construction, LLC $1,975,665.00 $450,000.00
Intercounty Engineering, Inc $2,431,915.00 $ 100,000.00; and
WHEREAS, the City bid selection team, including the project management consultant
recommend that the low bidder, MEF Construction, Inc., be selected to perform the work and the
bid be awarded to that company in the amount of$1,794,405.00 plus Bid Item A of$150,000.00
for a total amount of$1,944,405.00; and
WHEREAS, the City solicited a proposal from its design engineer Camp Dresser and
McKee for construction services and design completion in the amount of$152,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing findings are incorporated by this reference.
Section 2: That City Commission approves a Work Authorization to its design engineer
Camp Dresser and McKee for construction services and design completion in the amount of
$152,000.00 provided, however that no contract will become effective unless and until City
officials complete execution of it. Funding for the contract shall be derived from SRF loan
monies (loan amendment will be forthcoming to meet full funding needs).
Section 3. That the City Manager is designated as the authorized representative to
provide the assurances and commitments required by the loan application.
Section 4. 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 5. That all resolutions or part of resolutions in conflict with any of the provisions
of this Resolution are hereby repealed.
Section 6. That if any Section or portion of a Section of this Resolution proves to be
invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity,
force or effect of any other Section or part of this Resolution.
Section 7. That this Resolution shall become effective immediately upon its passage and
adoption.
PASSED AND ADOPTED on June 27, 2006.
TTEST: ��
PATRICIA FLURY
MAYOR—COMMISSIONER
LOUISE STILSON, CMC
4e7-1 (rC-CITY CLERK
APPROVED AS TO FORMA CORRECTNESS:
BY:
THO A J. AN' BRO
CITY A TORNEY
2 RESOLUTION 42006-115
_r ... CITY ®F DANIA BEACH
r� Agenda Item#
Agenda Request Database
Date of Commission Meeting: 6/27/2006
Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑
Award Bid/RFP ❑ Presentation ❑ Continued from:
Rec�UBStetl ACtIOTI Qtlenfity appropriate Action or Motion) g
.o".
Allow for authorization of award of Services During Construction to CDM for Water Main Looping Phase 1 Project
Why ACtIOn Is Necessary €
N
To facilitate the construction of the Water Main Looping Phase I Project- Water main from Water Treatment Plant to
Downtown, intersection Dania Beach Blvd. and US-1.
hat Action Accomplishes f
Allows for design completion services and services during construction.
Purchasing Requests ONLY ''v €
Dept: 3303 Water Utility Water Plant Acct#: Amt:
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
Summary Explanation/Background ,.� ,.:'. . . n'
This is part of the City's infrastructure improvements project
Fiscal impact/Cost Summary;
None
Exhibits Attached 9 �'
Resolution
Memo
Transmission Main Improvements CDM Services During Construction and Agreement
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
95 MR.
Authorized Signatures x
Submitted by
Leo Williams Date 06/19/06
Department Director
Dominic Orlando Date 06/20/06
HR Director
Date
Finance Director
Patricia Varney Date 06/20106
City Attorney
Thomas J. Ansbro Date 06/22/06
City Manager
Ivan Pato Date 06/22/06
fig,
�'rlty,p�'.lerk USe,.
Commission Action:
Approved: ❑ Denied: ❑ Continued to: ❑
� City of Dania Beach
Department of Public Services
100 West Dania Beach Blvd •Dania Beach,FL 33004 •(954)924-3741 • (954)-923-1109(fax) � "
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: May 19, 2006
RE: Approval of Work Authorization to Camp Dresser and McKee for Water Main Looping
Phase I - Water Plant to Downtown Water Main, Services during Construction
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 Water Main Looping Phase I - Water Plant to Downtown water main project is a
portion of this plan.
On May 10, 2006, the City received bids for the Water Main Looping Phase I - Water Plant to
Downtown water main project. The scope of services for this project involves the construction of a
20 and 16 inch water main from the water plant to downtown Dania Beach at the intersection of
Dania Beach Blvd. and US-1, and a 12 inch connector water main to Bryan Road. There were four
bidders for the project. One Bidder asked to withdraw their bid due to an error, withdrawal of which
was agreed to by staff, the City Attorney and FDEP Staff. The remaining three bids were evaluated
as follows:
Total Base Bid Bid Item A
MEF Construction, Inc. $1,794,405.00 $150,000.00
GlobeTec Construction, Inc $1,975,665.00 $450,000.00
Inter-county Engineering, Inc $2,431,915.00 $100,000.00; and
WWCIP-PH 1 WM Looping CDM
05-15-2006 Page 1
City of Dania Beach
Department of Public Services
100 West Dania Beach Blvd • Dania Beach, FL 33004 • (954)924-3741 (954) 923-1109(fax)
The City bid selection team, including the project management consultant recommends that the low
bidder, MEF Construction, Inc., be selected to perform the work and the bid be awarded to that
company in the amount of $1,794,405.00 plus Bid Item A of $150,000 for a total amount of
$1,944,405.00. To oversee the work, the City requested a Work Authorization from Camp, Dresser
and McKee for Services during Construction. The attached Work Authorization is for services during
construction and the additional time spent by the consultant for coordination of the pumping system
and survey for Bryan Road required by County. The amount of the Work Authorization is
$152,000.00.
State Revolving Fund loans were identified in 2003 as the funding source for this project. The State
Revolving Fund loan priority list designates the City's Water Main Looping Phase I - Water Plant to
Downtown water main project as DEP Project No. DW060403 for financing of these activities. These
loan funds are designated as being for construction activities.
Recommendation
It is recommended that the City Commission approve a resolution to award the Work Authorization
0o Camp, Dresser and McKee. For survices during construction in the amount of $152,000.00, and
uthorize the City Manager to execute the documents.
WWCIP—PH 1 WM Looping CDM
05-15-2006 Page 2
com
6365 N.W.6th Way,Suite 320
Fort Lauderdale,Florida 33309
tel: 954 776-1731
fax: 954 928-1649
June 9, 2006
Mr. Dominic Orlando
Public Services Director
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach,Florida 33004
Subject: Transmission Main Improvements
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. Please note that the
total lump sum has changed from the previously submitted fee of$146,600 to$152,000.This
increase represents additional fees for the Pavement Markings Survey for Bryan Road required
to obtain the Water and Sewer Permit from the Broward County Highway Construction&
Engineering Division. The increase also includes additional bidding services provided by CDM
for the Water Main Looping-Downtown Water Main Improvements Program,Phase 1 project,
specifically the Ocean Bay Construction Inc. bid withdrawal.
Please review this at your convenience. We are available to meet with you to discuss this scope
and address any questions you may have.
Verbs truly yours,
Jonathan Goldman,P.E.,DEE
Associat
Camp Dresser& McKee Inc.
JZG/JFC/ph
Enclosure
File: 28037-46056-002.DN
cc: Fred Bloetscher,Public Utility Management and Planning Services,Inc.
Ph6694
consulting-engineering-construction•operations
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fit Ot Dania Beach
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Department of Public Services
n Office of the I?hector
June 28, 2006
Jillian Carty
Camp Dresser& McKee, Inc.
6365 NW 6th Way, Suite 4320
Fort Lauderdale, FL 33309
Re: Water Main Looping Phase I— Water Plant to Downtown Water Main
Services During Construction
Dear Jillian:
clease be advised that the City of Dania Beach has approved the above work authorization for Water Main
ooping Phase I —Water Plant to Downtown Water Main - Services During Construction. The project number
is 05-003.
You are authorized to proceed with this project.
Please acknowledge receipt of this notice by signing below and returning a copy to the city.
Should you have any questions please let me know.
Sincerely,
Dominic F. Orlan o. P.E.
Public Services Director
?resentative
�
I'.O. BOA 1701. 92-1-;742 1-"-ix (95-1 10C)
AGREEMENT
THIS IS AN AGREEMENT (the "Agreement") entered into on .r`. r..,-�.' . �� 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" (Transmission Main
Improvements Engineering Services During Construction), a copy of which is attached and made a
part of this Agre ment by this reference. The Parties acknowledge and agree that services are to
commence on �-r-:r }` and that that date is the effective date and commencement
date of the se •ices.
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 one hundred fifty-two thousand dollars
($152,000)(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" (Transmission Main Improvements
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 of1 .��� ref.�;!i ss }� , one
of Consultant's associates,and such person's familiarity with the City's circu' stances 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
lost 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
Page 3 of 9
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
Page 4 of 9
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 party
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. 61h Way, Suite 320
Fort Lauderdale, Florida 33309
11. Consent to Jurisdiction. The parties agree that the jurisdiction for any Iegal 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.
Page 5 of 9
15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this
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 of 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.
Page 6 of 9
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.
Page 7 of 9
CITY:
CITY OF DANIA BEACH,
a Florida Municipal Corporation
TTEST: �f
LOUISE STILSON PATRICIA FLURY, M R
CITY CLERK
i
I AN P , CITY MANAGER
APPROVED FOR FORM APPROVED AS TO "SCOPE OF
AND CORRECTNESS: SERVICES"
THO AS J.ANSiRO OMINIC F. ORLANDO, P.E.
CITY ATTORNEY PUBLIC SERVICES DIRECTOR
Page 8 of 9
CONSULTANT:
Signed, sealed and delivered CAMP DRESSER&McKEE INC.
in the presence of:
By:
itn ss
/ E. Lawrence Adams, Jr., P.E., DEE
Witness Print Name
Vice President
Title
STATE OF FLORIDA
COUNTY OF BROWARD
he foregoing instrum nt was acknowledged before me on 2006, by
C - QcQ and as
an ,respectively, of C6 (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 oaf'
NOTARY PUBLIC, State of Florida
My commission expires:
IRIS B.NELSON
�.- MY COMMISSION#DD 466210
EXPIRES:October 20,2009
A,t1 Bonded Thru Notary Public Underwriters
Page 9 of 9
Exhibit A
City of Dania Beach
Transmission Main Improvements
Engineering Services During Construction
Scope of Work
I. 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 Stormwater Facilities Plan, City of Dania Beach, Florida. Construction of a water
transmission system improvements were recommended in the plan, and
consequently included in the City's Five-Year Capital Improvement Program (CIP).
In January 2005, CDM performed preliminary hydraulic modeling of the City's
transmission system,considering newly proposed development in the downtown
area,to identify existing deficiencies and evaluate options for mitigating those
deficiencies. A set of transmission main improvements was selected to address the
identified deficiencies. Design services for these improvements were authorized
under Work Authorization No. 2, and were completed in March 2006.
This authorization is for engineering services during construction associated with
the transmission system improvements designed under Work Authorization No. 2.
In addition to the engineering services during construction, this authorization
provides for subcontractor services associated with field location ("soft-dig"
locating) of utilities at the Florida East Coast Railroad bore-and-jack crossing by the
proposed 16-inch transmission main. Field location was required by the existing
utilities, but was not included in CDM's scope of services under Work
Authorization No. 2. 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
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Ph6600/6/9/06
• 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 III. 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•
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Ph6600/6/9/06
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
Ph6600/6/9/06
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
Contract Documents. Consultant shall prepare a punchlist of items
CM A-4
Ph6600/6/9/06
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 16 hours per week of RPR services
during the construction period (from the Notice to Proceed to Final
Completion).
CM A-5
Ph6600/6/9/06
• C. Special Services During Construction
The Consultant shall also provide supplementary and specific services
during construction. These services shall include the following:
1. 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.
2. 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.
3. Project Closeout 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. Field Location of Existing Utilities
CDM's original scope of services for the transmission main services
did not include "soft-dig" field location of existing utilities. These
were determined to be necessary at the 16-inch water main bore-and-
A-6
Ph66001619106
• jack crossing of the Florida East Coast railroad. These services were
procured under a subcontract during design, and the data collected
were incorporated into the design documents for the proposed
improvements.
2. Bryan Road Pavement Markings Survey
In accordance with our original Scope of Services, CDM has filed an
application to obtain a Water and Sewer Permit from the Broward
County Highway Construction and Engineering Services Division
(BCHCES). In order for the permit to be issued,BCHCES has
requested that a Pavement Markings Survey be performed along
Bryan Road. CDM will be procuring these services under a
subcontract with Keith&Associates.
3. Interconnect with Hollywood
The City desires to install a new 12-inch diameter metered
interconnection between the Cities of Hollywood and Dania Beach
water transmission systems. To avoid additional expenses
associated with separate permitting,bidding, and construction
contract administration,CDM has recommended that this work be
added to the construction contract for the transmission main
improvements via a change order negotiated with the Contractor.
CDM will provide survey, design,and permitting services as
necessary to obtain a firm proposal from the Contractor and
negotiate a change order to complete this improvement under the
transmission main improvement contract.
E. Additional Bidding Services
1. During the bidding process for the Water Main Looping-
Downtown Water Main Improvements Program, Phase 1 project,
CDM performed additional bidding services in order to aid the City
with the bid withdrawal of Ocean Bay Construction, Inc. These
services were not anticipated, and therefore were not included in our
original Scope of Services.
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., 180 days to Substantial Completion and 210 days to Final Completion). If
A-7
Ph6600t6/9106
necessary, additional engineering services associated with an extension of
s� 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$152,000,which includes labor, subconsultants, 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
PM6600/679l06
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