HomeMy WebLinkAboutR-2002-120 RESOLUTION NO. 2002-120
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE CONTRACT FOR CONSULTING AND
PROFESSIONAL SERVICES BETWEEN PUBLIC UTILITY
MANAGEMENT AND PLANNING SERVICES, INC. AND THE
CITY OF DANIA BEACH IN AN AMOUNT NOT TO EXCEED
$24,375.00 FOR THE PREPARATION OF DOCUMENTS FOR
THE CITY TO COMPLETE A STRATEGIC FACILITIES
PLANNING EXERCISE FOR ITS WATER, SEWER AND
STORMWATER UTILITY SYSTEMS, AND TO OBTAIN
FUNDING FOR A NUMBER OF ITS WATER, WASTEWATER
AN STORMWATER PROJECTS; WITHOUT COMPETITIVE
BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection (J), provides that during unusual conditions or emergencies, the City
Commission may, by resolution, authorize the purchase by the City Manager of
designated supplies, services, equipment and materials in amounts in excess of fifteen
thousand dollars ($15,000.00) without competitive bids and without advertisement for
bids; and
WHEREAS, the City Commission has determined that it is necessary to purchase
consulting and professional services between Public Utility Management And Planning
Services, Inc. and the City Of Dania Beach in an amount not to exceed $24,375.00 for
the preparation of documents for the City to complete a strategic facilities planning
exercise for its water, sewer and stormwater utility systems, and to obtain funding for a
number of its water, wastewater an stormwater projects; without competitive bidding and
without advertisement for bids; providing for conflicts; and
WHEREAS, the City Manager has determined that such services can be
purchased at the least cost to the City from Frederick Bloetscher, Ph.D., P.E., Public
Utility Management and Planning Services, Inc., with its principal place of business at 15
SW 5th Street, Dania Beach, FL 33004;
1 RESOLUTION NO. 2002-120
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain Agreement and Scope of Services between Public
Utility Management And Planning Services, Inc. and the City of Dania Beach, in substantial
form as Exhibit "1", attached, are approved and the appropriate city officials are authorized to
execute it.
Section 2. The City Manager and City Attorney are authorized to make revisions
to said Agreement as are deemed necessary and proper for the best interests of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED and ADOPTED THI, T" DAY f A GUST, 2002. ;
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RO T H. CHOW, J .
MAYO — COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
m4y)�: COMMISSIONER MCELYEA - YES
CHARLENE JO SON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOM, S J.WNSBRO
CITY ATTORNEY
2 RESOLUTION NO. 2002-120
CONTRACT FOR CONSULTING/PROFESSIONAL SERVICES
Phase I and II Strategic Facilities Planning
Water, Sewer and Stormwater Utilities
This Contract is made and entered into this q=day of eG4Y 2002, by and between
Public Utility Management and Planning Services, Inc., a Florida corporation authorized to do
business in the State of Florida, with its principal place of business at 15 SW 5`" Street, Dania
Beach, Florida, 33004 (mailing-address P.O. Box 221890, Hollywood, Florida 33022-1890),
hereinafter referred to as the CONSULTANT whose Federal I.D. number is 65-1028223, and City
of Dania Beach, a Municipal Corporation of the State of Florida, by the through its commissioners,
whose principal place of business is at 100 W. Dania Beach Blvd., Dania Beach, Florida 33004,
hereinafter the CITY.
RECITALS
WHEREAS, the CITY is desirous of pursuing strategic planning for its water, sewer and
stormwater utility systems; and
WHEREAS, CONSULTANT has participated with CITY staff to develop preliminary
information for strategic planning; and
WHEREAS, CONSULTANT has unique experience in dealing with neighboring utility
systems and with State and Federal agencies that would be of help to the City to secure loan funds
for capital projects for the utility systems; and
WHEREAS, the City Manager and Director of Public Works and Utilities recommend that
the City Commission award this contract for services to CONSULTANT to prepare the strategic
water, sewer and stormwater facilities plans for the City.
NOW, THEREFORE, in consideration of the mutual promises herein, the CITY and the
CONSULTANT agree as follows:
ARTICLE 1 - SERVICES/CONSULTANT AND CITY REPRESENTATIVES
The CONSULTANT'S responsibility under this Contract is to provide professional engineering
consultant services in the area of water, sewer and stormwater engineering making and analyses for
the duration of this contract in accordance with Attachment A, attached hereto and made a part
hereof.
The CONSULTANT'S Representative for the term of this Contract shall be:
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Frederick Bloetscher, Ph.D., P.E.
Public Utility Management and Planning Services, Inc.
P.O. Box 221890
Hollywood, FL 33022-1890
(954) 925-3492
The CITY'S Representative shall be:
Michael J. Sheridan, P.E. -
Director of Public Works and Utilities
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
954-924-3740
ARTICLE 2 - SCHEDULE
The CONSULTANT shall commence and complete all services as designated in Attachment A.
Reports and other items shall be delivered or completed in accordance with the detailed schedule set
forth in works orders issued to the Contract.
ARTICLE 3 -PAYMENTS TO CONSULTANT
. A. CONSULTANT shall be paid on a lump sum basis or as defined in Attachment A, as
attached hereto and made a part hereof. The total amount to be paid by the CITY under this
Contract for all services and materials is $24,375. "Out of pocket" expenses (specified in
paragraph C below) and any approved subcontracts, shall not exceed this amount. The
CONSULTANT will bill the CITY on a monthly basis, or as otherwise provided, at the
amounts set forth in the work order for services rendered toward the completion of the
Scope of Work. Where incremental billings for partially completed items is permitted, the
total billings shall not exceed the estimated percentage of completion as of the billing date.
B. Invoices received by the CITY from the CONSULTANT pursuant to this Contract will be
reviewed and approved in writing by the CITY'S Representative, indicating that services
have been rendered in conformity with the Contract, then sent to the City Manager's Office
for review and approval and then to the CITY'S Finance Department for payment. All
invoices shall contain a detailed breakdown of the services provided for which payment is
being requested. Invoices shall be paid within forty-five (45) days following the CITY
Representative's approval, who shall process all payments in a timely manner or advise
CONSULTANT in writing of reasons for not processing same. In addition to detailed
invoices, upon request of the CITY'S Representative or the City Manager, CONSULTANT
will provide CITY with detailed periodic Status Reports on the project.
C. "Out-of-pocket" expenses shall be reimbursed in accordance with Florida Statute and
negotiations between CITY and CONSULTANT. All requests for payment of "out-of-
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pocket" expenses eligible for reimbursement under the terms of this Contract shall include
copies of paid receipts, invoices, or other documentation acceptable to the CITY'S
Representative and to the Department of Financial Planning and Administration. Such
documentation shall be sufficient to establish that the expense was actually incurred and
necessary in the performance of the Scope of Work described in this Contract.
D. Final Invoice: In order for both parties herein to close their books and records, the
CONSULTANT will clearly state "Final Invoice" on the CONSULTANT'S final/last
billing to the CITY for each work order. This final invoice shall also certify that all services
provided by CONSULTANT have been properly performed and all charges and costs have
been invoiced to the CITY. Because this account will thereupon be closed, any and other
further charges not properly included on this final invoice are waived by the
CONSULTANT. Acceptance of final payment by CONSULTANT shall constitute a
waiver of all claims and liens against CITY.
ARTICLE 4-TRUTH-IN-NEGOTIATION CERTIFICATE
Signature of this Contract by the CONSULTANT shall also act as the execution of a truth in
negotiation certificate certifying that the wage rates, overhead charges, and other costs used to
determine the compensation provided for this Contract are accurate, complete and current as of the
date of the Contract and comparable to those charged the CONSULTANT'S most favored customer
for the same or substantially similar service. Should the CITY determine that said rates and costs
were significantly increased due to incomplete, noncurrent or inaccurate representation, then said
• rates shall be adjusted accordingly.
ARTICLE 5 -TERMINATION
This Contract may be canceled by the CONSULTANT upon thirty (30) days prior written notice to
the CITY'S Representative in the event of substantial failure by the CITY to perform in accordance
with the terms of this Contract through no fault of the CONSULTANT. It may also be terminated,
in whole or in part, by the CITY, with or without cause, immediately upon written notice from the
CITY'S Representative or the City Manager to the CONSULTANT. Unless the CONSULTANT is
in breach of its Contract, the CONSULTANT shall be paid for services rendered to the CITY'S
satisfaction through the date of termination. After receipt of a Termination Notice and except as
otherwise directed by the CITY the CONSULTANT shall:
A. Stop work on the date and to the extent specified;
B. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work;
C. Require CONSULTANT to transfer all work in process, completed work, and other
materials related to the terminated work to the CITY; and
D. Continue and complete all parts of the work that have not been terminated.
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CONSULTANT will not incur any liability for the CITY's subsequent use of any incomplete,
transferred materials or documents.
ARTICLE 6 -PERSONNEL
The CONSULTANT is, and shall be, in the performance of all work services and activities under
this Contract, an Independent Contractor, and not an employee, agent, or servant of the CITY. All
persons engaged in any of the work or services performed pursuant to this Contract shall at all
times, and in all places,be subject to the CONSULTANT'S sole direction, supervision, and control.
The CONSULTANT shall exercise control over the means and manner in which it.and its
employees perform the work, and in all respects the CONSULTANT'S relationship and the
relationship of its employees to the CITY shall be that of an Independent Contractor and not as
employees or agents of the CITY.
The CONSULTANT represents that it has, or will secure at its own expense, all necessary
personnel required to perform the services under this Contract. Such personnel shall not be
employees of or have any contractual relationship with the CITY, nor shall such personnel be
entitled to any benefits of the CITY including, but not limited to, pension, health and workers'
compensation benefits.
All of the services required hereunder shall be performed by the CONSULTANT or under its
supervision, and all personnel engaged in performing the services shall be fully qualified and, if
required, authorized or permitted under state and local law to perform such services.
Any changes or substitutions in the CONSULTANT'S key personnel, as may be listed in Article 1,
must be made known to the CITY'S Representative and written approval must be granted by the
CITY'S Representative before said change or substitution can become effective.
The CONSULTANT warrants that all services shall be performed by skilled and competent
personnel to the highest professional standards in the field.
ARTICLE 7 - SUBCONTRACTING
CONSULTANT shall not subcontract any services or work to be provided to CITY without the
prior written approval of the CITY'S Representative. The CITY reserves the right to accept the use
of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities
of any subcontractors in order to make a determination as to the capability of the subcontractor to
perform properly, under this Contract. The CITY'S acceptance of a subcontractor shall not be
unreasonably withheld. The CONSULTANT is encouraged to seek minority and women business
enterprises for participation in subcontracting opportunities.
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ARTICLE 8 -FEDERAL AND STATE TAX
The CITY is exempt from payment of Florida State Sales and Use Taxes. The CITY will sign an
exemption certificate submitted by the CONSULTANT. The CONSULTANT shall not be
exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations
with the CITY, nor is the CONSULTANT authorized to use the CITY'S Tax Exemption Number in
securing such materials.
The CONSULTANT shall be responsible for payment of its own and its share of its employees'
payroll, payroll taxes, and benefits with respect to this Contract.
ARTICLE 9 -AVAILABILITY OF FUNDS
The CITY'S performance and obligation to pay under this contract is contingent upon an
appropriation of funds for the purposes defined herein, or as otherwise requested by the CITY.
ARTICLE 10 -INSURANCE REQUIREMENTS
The CONSULTANT shall not commence work under this Contract until it has obtained all
insurance required under this paragraph and such insurance has been approved by the Risk Manager
of the CITY, nor shall the CONSULTANT allow any Subcontractor to commence work on its sub-
contract until all similar such insurance required of the Subcontractor has been obtained and
approved.
CERTIFICATES OF INSURANCE, reflecting evidence of the required insurance, shall be filed
with the Risk Manager prior to the commencement of the work. These Certificates shall contain a
provision that coverage afforded under these policies will not be canceled until at least thirty (30)
days prior written notice has been given to the CITY. Policies shall be issued by companies
authorized to do business under the laws of the State of Florida and shall have adequate
Policyholders and Financial ratings in the latest ratings of A.M. Best and be part of the Florida
Insurance Guarantee Association Act.
Insurance shall be in force until all work required to be performed under the terms of the Contract is
satisfactorily completed as evidenced by the formal acceptance by the CITY. In the event the
Insurance Certificate provided indicates that the insurance shall terminate and lapse during the
period of this Contract, the CONSULTANT shall furnish, at least thirty (30) days prior to the
expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and
like coverage for the balance of the period of the Contract and extension thereunder is in effect. The
CONSULTANT shall not continue to work pursuant to this Contract unless all required insurance
remains in full force and effect.
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REQUIRED INSURANCE
1. Commercial General Liability
Commercial General Liability Insurance to cover liability for bodily injury and property
damage. Exposures to be covered are: premises, operations, products/completed
operations, and contractual. Coverage must be written on an occurrence basis, with no less
than the following limits of liability:
A. Single Limit Bodily Injury& Property Damage
1. Each Occurrence $500,000
2. Annual Aggregate 500,000
B. Personal Injury
Annual Aggregate $500,000
2. Comprehensive Automobile Liability
Comprehensive Automobile Liability for all vehicles used in the performance of this
Contract:
A. Single Limit Bodily Injury & Property Damage
1. Each Occurrence $100,000
Coverage shall include owned, hired and/or non-owned vehicles.
The City of Hollywood must be named as an additional insured for the Automobile
and Commercial General Liability coverage.
3. Professional Liability
Professional Liability with limits not less than $500,000. If coverage is provided on a
claims made basis then coverage must be continued for the duration of this Contract and for
not less than one (1) year thereafter, or in lieu of continuation, provide an "extended
reporting clause" for one(1)year.
4. Worker's Compensation Insurance (Section not required for this contract)
Workers' Compensation Insurance shall be maintained during the life of this Contract to
comply with statutory limits for all employees, and in the case any work is sublet, the
CONSULTANT shall require any Subcontractors similarly to provide Workers'
Compensation Insurance for all the latter's employees unless such employees are covered by
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the protection afforded by the CONSULTANT. The CONSULTANT and his
Subcontractors shall maintain during the life of this Contract Employer's Liability Insurance.
The following must be maintained.
A. Workers' Compensation Statutory
B. Employer's Liability $300,000 per accident
The CITY reserves the right to require any other insurance coverage it deems necessary depending
upon the exposures.
ARTICLE 11 -INDEMNIFICATION
The CONSULTANT agrees to indemnify and hold harmless and defend the CITY, its officers,
agents and employees against any loss, damage or expense (including all costs and reasonable
attorneys' fees) suffered by CITY from (a) any claim, demand,judgment, decree, or cause of action
of any kind or nature arising out of any error, omission, or negligent act of CONSULTANT, its
agents, servants, or employees, in the performance of services under this Contract, (b) any breach or
misconduct by the CONSULTANT of this Contract, (c) any inaccuracy in or breach of any of the
representations, warranties or covenants made by the CONSULTANT herein, (d) any claims, suits,
actions, damages or causes of action arising during the term of this Contract for any personal injury,
loss of life or damage to property sustained by reason or as a result of performance of this Contract
by the CONSULTANT and the CONSULTANT'S agents, employees, invitees, and all other
persons, claims, suits, actions, damages or causes of action for any personal injury, loss of life or
• damage to property sustained by reason or as a result of the presence of the CONSULTANT and the
CONSULTANT'S agents, employees, invitees, and all other persons, and (e) CONSULTANT
acknowledges and agrees that CITY would not enter into this contract without this indemnification
of CITY by CONSULTANT, and that CITY'S entering into this contract shall constitute good and
sufficient consideration for this indemnification. These provisions shall survive the expiration or
earlier termination of this Contract. Nothing in this Contract shall be construed to affect in any way
the CITY'S rights, privileges, and immunities as set forth in Florida Statutes 768.28.
ARTICLE 12 -SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors, executors,
administrators and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this Contract.
Except as above, neither the CITY nor the CONSULTANT shall assign, sublet, convey or transfer
its interest in this Contract without the written consent of the other. Nothing herein shall be
construed as creating any personal liability on the part of any officer or agent of the CITY which
may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone
other than the CITY and the CONSULTANT.
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ARTICLE 13 -REMEDIES
This Contract shall be governed by the laws of the State of Florida. Any and all legal action
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necessary to enforce the Contract will be held in Broward County. No remedy herein conferred
upon any parry is intended to be exclusive of any other remedy, and each and every such remedy
shall be cumulative and shall be in addition to every other remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any
party of any right,power, or remedy hereunder shall preclude any other or further exercise thereof.
ARTICLE 14- CONFLICT OF INTEREST
The CONSULTANT represents that it has no interest and shall acquire no interest, either direct or
indirect, which would conflict in any manner with the performance of services required hereunder,
as provided for in the Code of Ethics for Public Officers and Employees (Chapter 112, Part III,
Florida Statutes). The CONSULTANT further represents that no person having any interest shall
be employed for said performance.
The CONSULTANT shall promptly notify the CITY'S representative, in writing, by certified mail,
of all potential conflicts of interest for any prospective business association, interest or other
circumstance which may influence or appear to influence the CONSULTANT'S judgment or
quality of services being provided hereunder. Such written notification shall identify the
prospective business association, interest or circumstance, the nature of work that the
CONSULTANT may undertake and request an opinion of the CITY as to whether the association,
interest or circumstance would, in the opinion of the CITY,constitute a conflict of interest if entered
into by the CONSULTANT. The CITY agrees to notify the CONSULTANT of its opinion by
certified mail within thirty (30) days of receipt of notice by the CONSULTANT. If, in the opinion
of the CITY, the prospective business association, interest or circumstance would not constitute a
conflict of interest by the CONSULTANT, the CITY shall so state in the notice and the
CONSULTANT shall, at its option, enter into said association, interest or circumstance and it shall
be deemed not in conflict of interest with respect to services provided to the CITY by the
CONSULTANT under the terms of this Contract.
ARTICLE 15 -EXCUSABLE DELAYS
The CONSULTANT shall not be considered in default by reason of any failure in performance if
such failure arises out of causes reasonably beyond the control of the CONSULTANT or its
subcontractors' and without their fault or negligence. Such causes include, but are not limited to:
acts of God; natural or public health emergencies; freight embargoes; and abnormally severe and
unusual weather conditions.
Upon the CONSULTANT'S request, the CITY shall consider the facts and extent of any failure to
perform the work and, if the CONSULTANT'S failure to perform was without its or its
subcontractors' fault or negligence, the schedule and/or any other affected provision of this Contract
shall be revised accordingly; subject to the CITY'S rights to change, terminate, or stop any or all of
the work at any time.
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ARTICLE 16 - DEBT
The CONSULTANT shall not pledge the CITY'S credit or make it a guarantor of payment or surety
for any contract, debt, obligation,judgment, lien or any form of indebtedness. The CONSULTANT
further warrants and represents that it has no obligation or indebtedness that would impair its ability
to fulfill the terms of this Contract.
ARTICLE 17-DISCLOSURE AND OWNERSHIP OF DOCUMENTS
The CONSULTANT shall deliver to the CITY'S Representative for approval and acceptance, and
before being eligible for final payment of any amounts due, all documents and materials prepared
by and for the CITY under this Contract or any subsequent work orders.
All written and oral information not in the public domain or not previously known, and all
information and data obtained, developed, or supplied by the CITY or at its expense will be kept
confidential by the CONSULTANT and will not be disclosed to any other party, directly or
indirectly, without the CITY'S prior written consent unless required by a lawful order. All
drawings, maps, sketches, programs, data base, reports and other data developed, or purchased,
under this Contract for or at the CITY'S expense shall be and remain the CITY'S property and may
be reproduced and reused at the discretion of the CITY.
The CITY and the CONSULTANT shall comply with the provisions of Chapter 119, Florida
Statutes (Public Records Law).
All covenants, agreements, representations and warranties made herein, or otherwise made in
writing by any party pursuant hereto, including but not limited to any representations made herein
relating to disclosure or ownership of documents, shall survive the execution and delivery of this
Contract and the consummation of the transactions contemplated hereby.
ARTICLE 18 - CONTINGENT FEES
The CONSULTANT warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the CONSULTANT to solicit or secure this Contract
and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other
than a bona fide employee working solely for the CONSULTANT, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making
of this Contract. Violation of this Article shall constitute a forfeiture of this Contract by
CONSULTANT.
ARTICLE 19 -ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records of all charges, expenses, and costs for this
contract for at least three (3) years after completion of this Contract. The CITY shall have access to
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such books, records, and documents as required in this section for the purpose of inspection or audit
during normal business hours, at the CONSULTANT'S place of business.
ARTICLE 20 -NONDISCRIMINATION
The CONSULTANT warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
marital status, or sexual orientation.
ARTICLE 21 -ENFORCEMENT COSTS
If any legal action or other proceeding is brought for the enforcement of this Contract, or because of
an alleged dispute, breach, default or misrepresentation in connection with any provisions of this
Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs
(including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that
action or proceeding, in addition to any other relief to which such party or parties may be entitled.
ARTICLE 22 -AUTHORITY TO PRACTICE
The CONSULTANT hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct its business, and that it will at all times conduct its
business activities in a reputable manner. Proof of such licenses and approvals shall be,submitted to
the CITY'S representative upon request.
ARTICLE 23 - SEVERABILITY
If any term or provision of this Contract, or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the
application of such terms or provision,to persons or circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected, and every other term and provision of this
Contract shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 24 - ENTIRETY OF CONTRACTUAL AGREEMENT
The CITY and the CONSULTANT agree that this Contract together with the Exhibits hereto, sets
forth the entire agreement between the parties, and that there are no promises or understandings
other than those stated herein. None of the provisions, terms and conditions contained in this
Contract may be added to, modified, superseded or otherwise altered, except by written instrument
executed by the parties hereto in accordance with Article 25 -Modification of Work. In the event of
any conflict or inconsistency between this Contract and the provisions in the incorporated Exhibits,
the terms of this Contract shall supersede and prevail over the terms in the Exhibits.
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ARTICLE 25-MODIFICATION OF SCOPE OF WORK
It is the intent of this Contract that CITY shall from time to time issue work orders for
CONSULTANT to perform work. All work orders will be duly approved by the City Commission
prior to issuance. CONSULTANT shall expediently perform such work within the schedule
indicated in the work order. CONSULTANT shall cooperate with CITY in negotiating the cost and
schedule of said work orders prior to City Commission approval so said approval can be obtained.
The CITY reserves the right to make changes in the Scope of Work, including alterations,
reductions therein or additions thereto. Upon receipt by the CONSULTANT of the CITY'S
notification of a contemplated change, the CONSULTANT shall, in writing: (1)provide a detailed
estimate for the increase or decrease in cost due to the contemplated change, (2) notify the CITY of
any estimated change in the completion date, and (3) advise the CITY if the contemplated change
shall effect the CONSULTANT'S ability to meet the completion dates or schedules of this Contract.
If the CITY so instructs in writing, the CONSULTANT shall suspend work on that portion of the
Scope of Work affected by a contemplated change, pending the CITY'S decision to proceed with
the change.
If the CITY elects to make the change, the CITY shall initiate a Contract Amendment and the
CONSULTANT shall not commence work on any such change until such written amendment is
signed by the CONSULTANT and the City Manager, and if such amendment is in excess of
$10,000 it must also first be approved by the City Commission.
ARTICLE 26 -NOTICE
All notices required in this Contract shall be sent by certified mail, return receipt requested, and if
sent to the CITY shall be mailed to:
Michael J. Sheridan, P.E.
Director of Public Works and Utilities
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
and if sent to the CONSULTANT shall be mailed to:
Frederick Bloetscher, Ph.D., P.E.
Public Utility Management and Planning Services,Inc.
P.O. Box 221890
Hollywood, FL 33022-1890
(remainder of page intentionally left blank)
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IN WITNESS WHEREOF, the parties hereto have set their hands and official seals the day and
year first above written.
Public Utility Management and
Planning Serv' nc. '
Frederick Bloetscher, Ph.D.,P.E.
President
ACKNOWLEDGMENT
STATE OF FLORIDA)
COUNTY OF BROWARD)
The foregoing instrument was acknowledged before me this 621 day of ,
200.E, by Frederick Bloetscher, Ph.D., P.E., President of Public Utility Management and
Planningeersonally
ic C. on behalf of Public Utility Management and Planning Services, Inc...
He/she is known o me or who has produced as identification.
Notary Public
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0�..��> ... k a Name Typed, Printed amped
N.ON�.�N�� •�����N�NN.N..N.N..NN.�.N..
Commission No. ))b Q I 1 �4 14$
My Commission Expires: S J/
ATTEST: THE CITY OF DANIA BEACH, A
MUNICIPAL CORPORATION OF THE
STATE O RID
Charlene Johnson, ity Clerk
obert H. Ch , Mayor
Approved as to form and legality
for the use and reliance of the ato, City Manager
City f Dania Beac Florida only:
Thomas Y. An bro,'City-Attorney
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ATTACHMENT A
Scope of Services
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• Frederick Bloetscher, Ph.D., P.E.
Public Utility Management and Planning Services, Inc.
P.O. Box 1890
Hollywood, FL 33022-1890
SCOPE OF SERVICES
Strategic Facilities Planning for Utilities for the City of Dania Beach
This proposal is made in response to a request from the City of Dania Beach for services
regarding the preparation of documents for the City of Dania Beach to complete a
strategic facilities planning exercise for its water, sewer-and stormwater utility systems,
and to obtain funding for a number of its water, wastewater and stormwater projects in
the coming years.
To qualify for SRF funds, one option for the City, the following must be completed:
• Strategic stormwater, water and wastewater facilities plan (62-503.700 FAC).
FDEP confirms these can be combined into one plan for SRF purposes
• Results of 60 day comment period following publication of the results of FDEP's
environmental review of the facilities plan, and the resolution of any comments
• Biddable plans and specification along with evidence that FDEP has established
conformance with the plans (i.e., permits where needed)
• Value engineering for any project in excess of$10 million
• Evidence of intent to issue a permit authorizing construction from FDEP
• Capital Financing Plan
The permits and plans are the responsibility of the design engineer and the City. Value
engineering is not likely to be necessary on the City's projects. Writing and finalizing the
Strategic Facilities Plan and completing the public hearing process are the focus of this
proposal.
Phase I— Process Summary and Document Needs
The intent of this phase is to review the potential for the City of Dania Beach to obtain
low interest State Revolving Fund monies for the construction of capital projects and
identification of same. It is the City's desire to secure loan funds as soon as possible to
permit the construction of the facilities in 2003 if possible.
Timeline of Approvals and Hearings
A calendar of steps required by the City to apply for SRF funds for the utility systems
will be developed for presentation to the City. Items known to be necessary are:
• Revision/development of a Facilities Plan
• Public Hearings on the Facilities Plan
• Approval of the City Commission of the Facilities Plan
• Modifications to the City's Capital Improvement program
• Review and approval of the Plan via the State Clearinghouse process and other
agencies
• FONSI finding (after advertisement in Florida Administrative Weekly)
• Submission of Requests for Inclusion of Projects
• Pre-construction Loan Application
• Construction Loan Applications
Discussions with FDEP on how to shorten this procedure are anticipated, as well as to
address the potential for refunding some of the projects with critical timelines. Notice
requirements, review periods and schedules for the City will be included in the calendar.
Where documents may not exist, estimates of the time to complete will be made.and
included in the calendar.
Document Needs
This task is to identify those documents that will need to be developed to successfully
complete the SRF application, and to estimate the timeframe and costs (administrative,
legal and engineering) to complete those documents. Fortunately, some documents exist,
but there remain a number of items that will need to be developed or updated.
Project List
A listing of all projects anticipated by the City for inclusion in the Facilities Plan will be
developed. It is assumed two meetings with City staff will be required.
Prepare Requests for Inclusion
To qualify for funding, the City must submit Requests for Inclusion forms. According to
the Instructions for Requests for Inclusion of the Priority List for the Water Stormwater
and Wastewater Facilities, all requests for inclusion must be submitted to FDEP if it is
the City's desire to secure loan funds as soon as possible to permit the construction of the
proposed wastewater treatment facilities and to remain of the priority list for a series of
future projects now or at any point in the future. To this end, the following must be
completed:
• Preparation of SRF forms for placement of the City's projects on the pre-
construction/construction list for SRF projects including:
• Cost
• Schedule
• Flows involved
0 Categorizing need
• Back-up materials to explain project.
This step does not provide funding, it only get the projects on the list. Estimated time to
complete all Phase I activities is 10 hours.
Phase II - Preparation of SRF Construction/Pre-construction Listing Documents
Prepare Facilities Plan
Public Utility Management and Planning Services, Inc will prepare a draft Strategic
Facilities Plan for water, stormwater and wastewater to include the following:
• Introduction
• Environment and climate
• Summary of Existing Facilities
• Summary of Existing Capital construction
• Future capital Needs
• Cost Comparisons
• Environmental Impact Assessment
• Public Participation
Public Utility Management and Planning Services, Inc will not prepare the design
documentation information to be included in the appendices for the projects.
The expected time to prepare the above documentation is 150 hours.
Public Hearing Support
Public Utility Management and Planning Services, Inc. will develop a preliminary
Powerpoint presentation and provide support to the City for the public hearing. This
would include one meeting with City staff prior to the public hearing. It is estimated that
the cost to provide these services will consume 15 hours.
Table Top Rate Analysis
As a part of the financial section of the Facilities Plan, Public Utility Management and
Planning Services Inc. will perform a "table-top" rate analysis to derive information for
inclusion in the Capital Financing Plan and as back-up for loan documents. Such an
analysis is not intended as a legal defense of rate-making by the City, but will suffice to
indicate the magnitude of revenues, expenditures and modifications that may be required
to rates to provide adequate coverage for financing objectives, and will indicate
percentage increases that may be required (if any). Several alternatives will be derived
based on the schedule of anticipated borrowing. Major tasks include collection of
existing financial data, including the past 5 years' budgets, summary of billing records
over the past 2 years by class and summarizing usage, review of audit data, review of
operations and projection of changes to operations that may affect operational costs. At
least three meetings with City staff are anticipated.
Estimate of Cost to Complete
Public Utility Management and Planning Services, Inc. anticipates that a total of 195
hours of time will be required to compete the project and deliver the requisite documents
to the City. Public Utility Management and Planning Services will submit invoices for
the work based on meeting_phasing milestones on a lump sum basis. Therefore the costs
shown on the table in summary of hours (below) will be billed on a lump sum basis upon
completion of the task, excepting the Facilities Plan Report(s) which will be billed as
progress occurs to a maximum of$24,375.
Summary of Hours
Item Hours Rate Cost
Phase I - Process Summary and Document Needs
RFIs 10 $ 125 $ 1,250
Phase II Prepare SRF Documents
• Facilities Plan 150 $ 125 $ 18,750
Table-top Rate Analysis 20 $ 125 $ 2,500
Public Hearing Support 15 $ 125 $ 1,875
TOTAL Phase I and II $ 24,375
All costs to be paid as lump sum, billed on a monthly basis up to the lump sum amount.
Payment to be made 45 days after invoice is submitted.
i
AGENDA REQUEST FORM
CITY OF DANIA REACH
, r
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: 8/13/02
2. DESCRIPTION OF AGENDA ITEM: CONSENT
3. COMMISSION ACTION BEING REQUESTED:
Adopt Resolution or Ordinance x Expenditure ❑ Award Bid/RFP ❑
Presentation ❑ General approval of item x Continued from meeting ❑
Other(please explain) ❑
4. SUMMARY EXPLANATION & BACKGROUND:
Previously discussed at a work shop to award a contract to Dr. Fred Bloetscher of
PUMPS, Inc to continue with the study and design of water, sanitary and storm water
infrastructure improvement needs.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST):
Contract
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
Fund: GENERAL: ❑ WATER: ❑ SEWER: ❑ STORMWATER: ❑
Account name: Account#:
Finance Director Approval: Date:
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by: Michael J. Sheridan Date 7/17/02
SAME
Department Director Date
City Manager Date