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File Number: 14-00639 City of Miami Legislation Resolution City Hall 3600 Pan American Drive Miami, FL 33133 www.miarnigov,com Finat'Action Date; A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE AGREEMENT WITH CH2M HILL CONSTRUCTORS, INC., FOR THE WAGNER CREEK AND SEYBOLD CANAL WATERWAYS PROJECT, FOR ADDITIONAL SERVICES, IN AN AMOUNT NOT TO EXCEED $2,409,588,19, THEREBY INCREASING THEAWARD VALUE FROM $1,000,000.00 TO AN AMOUNT NOT TO EXCEED $3,409,588.19; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT -PROJECT NO, B-50643; FURTHER AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO COMMENCE WITH PHASE II OF THE PROJECT AND TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, WHEREAS, the City of Miami ("City") issued a Request for Letters of Interest No. 05-00-090, to develop a short list of qualified firms and a Request for Information No, 05-06-090, to enter into competitive negotiations for the provision of Environmental and Dredging Services and Dredging for the Wagner Creek and Seybold Canal Waterways Project ("Project"); and WHEREAS, pursuant to Resolution No. 07-0482, adopted September 11, 2007, the City Commission authorized the execution of an Agreement for Dredging Services ("Agreement") with CH2M Hill Constructors, Inc., ("CH2M Hill") for the Project, in the amount of $917,381,00 for the work, plus a owner contingency amount of $82,619.00, for a total not to exceed award value of $1,000,000,00; and WHEREAS, the Agreement provided for the execution of a Phase II Option for the Construction Phase services for the Project subject to City Manager and City Commission approval; and WHEREAS, it is now necessary to amend the Agreement to exercise the Phase II Option for construction support services related to the removal and disposal of contaminated sediments for Wagner Creek and Seybold Canal; and WHEREAS, Amendment No. 1.increases the Agreement in the amount of $2,409,588.19, for a total not to exceed award value of $3,409,588.19; and WHEREAS, said Amendment No. 1, attached and incorporated, further authorizes the City to exercise the option to commence with Phase II of the Project and amend the scope of work for additional services to Include project planning end support, design criteria package preparation, proposal evaluation and construction support services, a copy of which is attached as the CHM2 Hill Proposal, "Exhibit 1" ("Part A and Part B"), attached and incorporated; and WHEREAS, funds are to be allocated from Capital Improvement Project No. B-50643; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, City of Miami Page 1 af2 File Id: 14.00639 (Version: 1) Printed On: 7/1/2014 FIle Number:1400639 FLORIDA: Section 1, The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2, An increase to the Agreement with CH2M Hill, for Phase II of the Project, in the amount of $2,409,588,19, thereby increasing the award value from $1,000,000.00 to an amount not to exceed $3,409,688,19, is authorized, with funds for said Increase, allocated from Capital Improvement Project No. B-60643, Section 3, The City Manager is further authorized{1} to exercise the option to commence with Phase II of the Project, for construction support services and to execute Amendment No. 1 to the Agreement, in substantially the attached form, for said purpose. Secio 4, This Resolution shall become effective immediately upon its adoption and signature of the 'Ayor. ,2) APPRO ESTFORMAND CORRECTNESS: VIC ORIA D,EZ CITY ATTOR 'Y Vootnot s {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City °pliant, Page 2 of 2 File Id: 14-00639 (Version: 1) Printed On: 7/1/2014 CITY OF NIIAMI, AMENDMENT NO. 1 TO THE AGREEMENT FOR DREDGING SERVICES FOR WAGNER CREEK AND SEYBOLD CANAL WATERWAYS, PROJECT WITH CH2M HILL CONSTRUCTORS, INC., FOR CONSTRUCTION SUPPORT SERVICES B.50643 This Amendment No. 1 to Agreement dated February 22, 2008, between the City of Miami ("City"), a municipal corporation of the State of Florida, and CH2M Hill Constructors Inc., ("Contractor") a Delaware Corporation, for the provision of Construction Support Services ("Services") for the dredging of the Wagner Creek and Seybold Canal Waterways Project ("Project") is entered into this741- day of Oettc,bc,a., , 2014. RECITALS WHEREAS, pursuant to Resolution No. 07-0482, adopted September 11, 2007, the City Commission authorized the execution of an Agreement for Dredging services ("Agreement") with CH2M Hill Constructors, inc., ("CH2M Hill") for the Project, in the amount of $917,381.00 for the Work, plus an owner contingency amount of $82,619,00, for a total not to exceed award value of $1,000,000; and WHEREAS, pursuant to Section 1-Terms and Conditions, Article 3, Agreement Options, the Agreement provides for the execution of a Phase II Option for the Construction Phase services for the Project subject to City Manager and City Commission approval; and WHEREAS, the City of Miami desires to exercise the Option for Phase II of the Project (Part "A" and Part "B") for Construction support services for the removal and disposal of contaminated sediments for Wagner Creek and Seybold Canal; and WHEREAS, it is now necessary to amend the Scope of Work for the Project to include additional services for commencement of the Work, which includes project planning and support, design criteria package preparation and proposal evaluation, which is further detailed in CHM2 Hill's Proposal dated May 27, 2014, a copy of which is attached and incorporated as Exhibit 1 "("Part LA and Part B"); and WHEREAS, funds have been identified for Part "A" of Phase II for these additional services from CIP Project No. B-50643; and WHEREAS, funds for .Part "B" of Phase 11 have been identified and will be released at the time of award of construction of the Project; WHEREAS, in order to secure additional funding for the Project, the City has been given authorization to submit air application -for -a State -of -Florida -Revolving -Loan Cs -The Loant--Acceptance-of-the-Loan-will-be contingent upon Commission approval by separate resolution, occuring a later date; and WHEREAS, this Amendment No, 1, approved pursuant to R-14-0257, increases the Agreement by $2,409,588.19, thereby increasing the award value, fora total not to exceed $3,409,588.19; and WHEREAS, additional revisions to the Agreement are deemed necessary and have been agreed upon by both parties, and Page 1 of 4 NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: The Agreement is hereby amended as follows: 1. Section 1 - Terms and Conditions, Article 2, Scope of Work, is hereby amended to include additional services as detailed in CHM2 Hill's Proposal, dated May 27, 2014, attached and incorporated as Exhibit 1 (Part "A & B'), for Part A. 2. Section 1 - Terms and Conditions, Article 6, Contract Value, is hereby increased by $2,409,588.19 thereby increasing the Agreement from $1,000,000 to an amount guaranteed not to exceed $3,409,588.19, This shall be a time and material fee basis and the Contractor shall not be .entitled to any additional compensation in excess of Attachment B, including but not limited to any requirements necessary to obtain environmental approvals mandated by Department of Environmental Resource Management ("DERM"), ("Florida Department of Environmental Protection) ("FDEP"), Army Corps of Engineers ("ACOE"), the City or any other regulatory agency. 3. Section 1 — General Terms and Conditions, Article 33, Audit Rights and Public Records, is amended to additionally comply with changes to Florida Statutes, Chapter 119, the Public Records Act, and is supplemented as stipulated below. These terms and conditions shall become effective upon execution of this Amendment No. 1. "Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service ; (2) provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law ; (3) ensure that public records that are exempt or confidential arid exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements ; (5) All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems." All other terms and conditions of the Agreement remain in operative force and effect. Page 2 of 4 ATTEST: By: Todd . Hannon, City Clerk THE CITY OF MIAMI, FLORIDA APPROVED AS TO LEGAL FORM AND CITY OF MIAMI, FLORIDA, a municipal Corporation of the State of Florida By: Daniel J. Alfa APPROVED A CORREVNESS: REQUIREM By: Vict ria MOn ATTEST: ez, City Attorn Corporate le re a(ry By: (Affix Corporate Seal) ( Y: , 1) n_ yam S arpe Interim Risk ana ement Director 0 IN TS: CONTRACTOR CH2M Hill, Contractors, a Delaware Corporation By: Mich el Kirchner CH2M Hill Authorized Signatory • Page 3 of 4 Proposal dated May 27, 2014 Page 4of4 01.12110 HILL 300 SW 300Ave ie gurh 700 Mlaml, FL 03446 rHl 005 4414304 1,33300 4434030 IVf ay 27, 2014 Marlcspanloil, P,E Director, Capital Improvements Program dity of Miami 444 SW 2n1 Avenue, h : Floor IV11aml, FL 33380 Submitted via e-mall: rnsonnioll4rniemigav,com Subject: 'Proposal far Consulting end Sediment Removal Support Wagner Croak/Seybold Canal Restoration Project Miami, Florida Dear Mr, Spaniel]: CH2M HILL Engineers, Inc, (CH2M HILL) Is pleased to submit this proposal to the City of Miami (Clay) to provide consulting services related to project management, procurement assistance and observation rind reporting services during construction for sediment removal on the Wagner Creek/SeyboId Canal Restoration Project (Project), We have prepared this proposal based an our ongoing engagement and dialogue with the'Glty starting 1n_2006,-when_CI•l2M_Hli.i._re.5-4a-ended to the •Clty's Request for Letters of Interest (RNLI No, 05.O8.O9O) for Dredging Services for Soybold Canal and Wapner Creak (13-50643), This ongoing commitment has also encompassed our preparation -of the Corrective Action plan W Version 2 (CAP 2), which Included securing Federal, State, and County permits, as wall us our teleconference with City staff on September 12, 201,S, when we confirmed the requested scope of work (SOW). On the strength of aur,prevlous Inyalvement with the praject,end cantinuscl project support to the City, CH2M HILL fully understands both the critical need for and requirements of the Prajeect, This proposal includes two parts with tasks associated with the planning, preparation and implamantatIon of the corrective action for removal and disposal of contaminated sediments from Wagner Creak/Seybold Canal. The proposed SOW services Include:: • PART. 'task a: Project planning end support Task 2: Design criteria package pruperetian and proposal evaluation pART S Task Si Scar Woes during construction our proposal describes the proposed SOW, assumptions end includes a cost estimate (budget') based on the Clty's procurement process and the project design parameters contained In the CAP 2 (C1-12M.HILL 20 ), bLIreNT COWFlo WTIALWORI0oUor HoTTo 888FIA1188.0:R CpptLI) WITNOUT THU 00N85NT 080%1)1 U 1 0ONSUGTINAAND ;CDIMsNT[nova sUPPQRT,wA©r WDavit ANASEYa3OWCANAL 10VORia aNpReJRCr CITY Of MIA14 rLQ1NIC)A Project ject Understanding The Project. Involves dredging Wagner Creek and Seybbld Canal to remove contaminated sedlmants and Improve drainage and navigation, ultimately benefiting Miami's focal communities end south Florida's' natural aquatic resources, Wagner Creek, which merges into Seybold Canal, receives stormwaatar runoff from the surrounding C«G sesin, Historical stormweter discharge Into Wagner Creak and saybbld Canal has resulted In alovated sediment concentrations of dioxins, total polycyolic aromatic hydrocarbons (PAHs), end metals, Dredging activities will begin where Wegner Creek exits e culvert system et NW 20th Street and will Continua to the point where Seybc ld Canal discharges Into the, Miernt River. Consistent with the approved CAP 2 a nd pearmits,the protect will provide forthe efficient and safe excavation cif contaminated, accumulated sediment In six Operational sections (OS's) (five in Wagner Creak and one in aeybold Canal), es well es transport of that sediment to an appropriate Iandfill(s), Wagner Creek Is an important part of the Miami River water system; however, It is e 308(d) Iistsd water body that has a high concentration of pollutants, Protect Delivery Teem CH2M 1-11LL's core protect delivery team.canslsts of the following roles: Project DlreotOr Client Service Manager; Project Manager; Senior Technical Consultant; Onslte Construction inspector; Offslte Health and Safety Manager; and onslte quality Control Manager, Key pereannel and their responsibilities are Identified below, Project Director (PD): The PD, George Hicks, Is Global Market Segment Director for CH2M HILL's Sediment Management Program, In this capacity he is responsible for CH2M HILL's technical quality, project delivery and client setlsfaation, Thls role will be In.effevt forthe duration of the project,. Client Service, Managers (CSM's)1 Tha CSM's, Mlke$hehadeh, Tom McSweeney and Canlel bleach will serve as the liaisons between the City end CH2M HILL project team, Mr, Shahadeh will bathe interface between CH2'M HILL and the City's CIP Director and Mr, McSweeney and Mr, IDletch will be the Interface between CI-I2M HILL and the City's CIP Project Manager, These roles will be in affect for the duration of the project. Project Manager (PM)1 The PM, Gary Foster, will be responsible forthe overall execution of the work, Specific responsibilities of the PM will Include the follaw!ngi �..... 'HILL -project -team menagornent---_....... _....—.. .• ::: Pro)ec- set,up, 'includ &I financial and schaduling-systems _...:--. -----.._... PrcajeCt managarnent Dian preparation and executIon + Communication with the permitting agencies an technical matters • Schedule updates anti project documentation • Project closeout Thls role will be In affect -for tha-duratlan of the -project, OtiENTcenriparrIAI. vvoliN Pa00110r,NorroaeSHAaaaok0op1aaaWITNourYNsGONt1GNrerOH21.2WILL 7, OONBUI.T1NQAND SCtIMi1NTRCMOVAI,SUPPORT,WAONUIrMalt ANDSITYI#OLOQANAL♦rUBTORRATIQNPBOflOT WY OF MiAMI ROAN senior Technical Consultant (STC), The STC, David Cale, Will. be responsible for providing technical oversight for the overall execution of the work, Specific responsibilities of the STC will Include the fallowing; A identify potential project execution risks and develop appropriate mitlgaticn strategies for the City's consideration A Provide technical support to the CH2M HILL team °his role will be in effect for the duration of the project, C7nsite Construction Inspector (cl): The CI, Roy Weller, will be onslte during the dredging portion of the project, Specific responsibilities Include the following; • Interface with the PM and the. CIty's Construction Manager on a daily basis a Prepare daily Inc! weekly performance, production and other related reports • Observation of contractors' performance • Menage CH2M HILL field staff • Compliance with CH2M HILL's slte.speclfia health end safety plan and construction quality control plan 4 r~clulpmsnt observation for compliance with applicably: permits (a,g., dredge material containers, not the dredging`equlpment) • interface with the dredging contractor as directed by the city This. role wilt be In effect for construction portion of the project, Ciffsite Health. and Safety Manager (HSM); The HSM, Mike shanahan, will be r onslbje for the following specific tasks (CH2M HILL field staff only); • Develop the CH2M HiLIL site -specific health and safety plan • Review and advise the City of activity hnzard.analyses (A1.1As} • observe -the teem performance for sefe execution of the work • Review the project team safety requirements ▪ Observe and document project health and safely activities 'This role -Will be in affaat for canstr;.jc ion portion ofihe project, Onsite Quality Contra' iVIanaier (QCM); The QCM, Tyler Leads, wlli be responsible for the following specific tasks; • Development of field quality control plan • Observation of compliance with quality control plan •—preparation of daily a]Td weekly -quality control reports • Documen'tation of quality control activities This role wl11 ba In effect for construction portion of the project. Resumos for our core project delivery %am are presented in Attachment A, .cuearOONPIcENTIALWORKNNODUOT,NOTroopSHIARCDOROOPIROIMitiOUTYFHCOON55NTOFOU M HILL coNSDI,TING AND SRDIMGNT RRMOVAI, SUPPORT, WAGN1;R CREGIM AND SRYiiOLD OANAi. 13a3TORAT1ON PROJRCT Or/ DP 101\411 FLORIDA Scope of Work Task a ' Project Planning and Support Throughout the project, CH2M HILL will provide project management services to keep the project on schedule and budget, Adequate resources for project management, coordination, teleconferences end meetln,gswill be devoted to successfully Integrete these various aotivIties. As part of this task, CH2M HILL will perform the following activities: • Provide miscellaneous communications with, and responses to, requests from the City and agencies regarding the dredging activities, as directed by the City, s Provide technical support and planning/coordination for successful implementation of the dredging activities, ' + Pion anti conduct up to three pre -construction coordination/status meetings with the City that will Include the PM, C$M, and SIC, • Perform monthly project updates, including budget tracking end client Invoicing prior to and during construction,. Develop the conceptual project schedule that Includes project milestones; meetings, proposal evaluations, molaillzatlon end services during construction, • Develop bidder lists for the following services: a Dredging, Including access agreements, capitlril equipment, maintenance of traffic (MOTs), surveying (land and hydrogreph)c), and sampling/tosting/monitoring; transport end disposal) archaeology; 'structure repair; end thirci,party monitoring (water quality, manatee, noise, and air quality),. * Support the City's review of the selected contractor's required operational, heelth and safety, and training document submittals prior to mobilization, • Update previously prepared engineer's estimates (+15%/440%) for the various services included In this SOW prior to Issuing the solicitation. • Verify that the necessary permits have been obtained by the city or contractor and that the contractor's work plan will be in compliance with the acquirements of those permits, including permit 01ose.out, o Support the City with Its Public involvement Plan as detailedin the CAP 2, CH2M MILL will attend publioerlgagement meetings and prepare presentation materials, • Support; the, clty to secure financial support, IncludIng applications for funding from sources such eR the PIorlda inland Navigational District (FIND), State Revolving Fund (SRF), or Community Dev.oiopment picric c rots.(cra (a) o Provide fulnciing source do (e.g„ PINK, Siff marl CIDgO),f view and ova uate structure repair labs, The project plonning end support activities are intended to maintain continuity among the various project stakeholders, AtrinGions Per this task, CH2M HILT. assumes the following: w The City will review and approve.the project schedule, SOW, structure survey requirements and cost estimates, winch will be provided by ci112M HILL within SO days of Notice-'to,Proceed, • CH2M HILT, will prepare for and attend up to ton (10) 2-hour project management/planning meetings during the project {assumes tWO CH2M HILL staff per meeting). + The City will implement its Public involvement Plan as referenced In Section 5 of the GAP 2 and described In Appendix P and CH2M HILL will assist for the duration of tho project. CLIGN1ooNFIDFNTIAI.W0RKARODUtlr,Not'1'Ur3Ciff{Ar{UDORdOPILWWITHOUTTNCON3NM1'OF0112M111L1, 4 consurrinc ANb SEDIMGNT RHMOVAL SUPPORT, WACNIiR CR1N.!( AND SEYROLR CANAL RiiSTORATION RRCJEOT CITY of rdIAhibFLORIDAm .mnawanpwwi • Additional services will be provided As requested by the City and will be compensated based on the labor rate schedule provided In Attachment C, Deliverables For this task, CH2M HILL will provide the following; • Prepare Coordination/status meetings agendas and minutes, • Prepare monthly project updates, including budget tracking and client Invoicing, • Prepare project schedufe.(in Microsoft Project) based an durations that will be updated at least monthly. • Prepare bidders list, which will be recommended to the City, Notwithstanding any recommendations, the solicitation will not be limited to those firms, • Prepare funding source docurnentation/reports. Task 2-Design Criteria Package Preparation end Proposal gvsalu Paton CH2M HILL wIil prepare the design criteria package that.wlll be included in the RFP and provide technical support throughout the procurement process. As part of this task, CH2M HILL will perform the following activities; • Prepare the design criteria package based on the CAP 2 and permit conditions, • Provide thchWaal input to the contract, • Prepare regulatory submittal requirements, • Prepare SOWS for each task based en the CAP 2 and permit conditions, • Review the complete RFP complied by the City prior to issuance, • Perform project site walk with potential proposers, including City staff. • Facilitate pre -proposal meeting, • Prepare proposal evaluation form. • Provide technical input to the City oh bequests for Information (RF1s), • Provide technicaI support to the selection committee. - • Attend selection committee meetings as a technical resource (assumes two CI.12M HILL ateff at three meetings), • Evaluate proposals (technical and financial), • Prepare recommendations forcontractor --+—Frovlda-technical-support. dur-Ing-contraotn.egatlatfons, • --Attend contract -negotiations meetings -as a -technical resource (assumes two CH2MHILL-staff-at=.....::_.:_:- --. --. three,meetings), • Asses the need and extent for archaeological monitoring, if requlred, contracting with an archaeologist will be Included as a service in the solicitation. Assumptions For tills task, CH2M HILL assumes the following; • The City will define the procurement process, • The City will issue solicitations to the contractors, • The City will host apre.praposelmooting that will include the contractors and CH2MHILL • The City will host the project site walk with potential proposers., • The City will appoint the selection committee. • The City will procure and set up contracts with recommended contractor, • Solicited conl'tractor(s) will attend the prevoposal meeting. • Solicited contractor(s) will prepare and submit prbposala, ctiotr PlIANTIALWOR lc PROD UOT, NOT re HE 8H AM) OR OOPIllt)WIThOUVP1.111 00181M OH?Mi iu 8 CON`JUlITINO ANi19ADIM NT RCMOVAI, 9UPHOR r, WAtaN9It GRGAK AND 92YROLR GANALR29TORATION PRQJACT CITY OF MIAMI FLORMA • Selected contractor will negotiate the contract (including terms and conditions) with the City. * Additionat services will be provided as requested by the Clay and will be compensated based oai the labor rate schedule provided in Attachment C, a Task 2. activities have an estimated duration of 8 months. Deliverable For this task, CI•i2M HILL will perform the followirlga • Prepare the design criteria package, Including the SOWs for each task based on the CAP 2 and permit conditions, • Prepare regulatory submittal requirements, • Facilitate pro -proposal (ski) meeting, M Lead the site walk, * Prepare proposal evaluation form, • Provide technical input to the Cfty's RF1 responses. * Attend selection committee and contract negotiations meetings (assumes three meetings for each topic), Prepare proposal evaluation matrices (technical end fInancle,i), Prepare recommendations for contractor selection, * Prepare meeting minutes, PNII "task S 7, Services During Construction Throughout the sediment removal activltlas, CH2M HILL will assist the City by observing end inspecting the daily work of the contractor to document execution in accordance with project plans, specifications and permit conditions. CH2M HILL's ci and PM will represent the City as ito agents and will have the authority to act on Its behalf when requested. There will be occasions where the CI Eindior PM will be asked to direct the contractor based on direction from the City, •Tho.c1 and/or PM will not•direct the contractor without specific direction from the city. The actual terms end conditions will be defined In a work plan prepared by CH2M HI IL nd approved by the City, G142M-H1-11'-s staff -will verify -the -contractor has obtained -all -required -permits and will monitor-their-term and=requlrerrrents throughout the project,.`I'he contractor holds:_the responsibillty-to .obtain and comply with the permits, CH2M HI LL's CI will report to the City any Identified raan.(;onformence concerns so that the City can direct the dredging contractor and other prolect.support contractors on those Issues, CH2MV1 Hill will review all reports prepared and submitted by the con'trfa_ot.r rs, GL12M vorlfy_that the reports Include items such as operational information, material quantities used, and health end safety activities before the contractor delivers the report to the City. The reports will be reviewed by .the City to verify that the quality assurance process Is worldng'adequrately, CH2M HILL will be at the site upon the dredging contractor's mobilization land will remain on -site throughout the set-up, dredging and demobilization activities, The CI will be responsible for observing and reporting whether the sediment removal is conducted In accordance with all applicable permits and applicable regulations and agreed upon In the contract award between the City and the dredging contractor, The Ci will document any deviations from the agreed -upon means and will notify the Gltylf these deviations rnoy violate any permit conditions and/or applicable regulations, The CI will report o,1I{NrOUN11DRNTIALWORN MOM, NOT 'roElL-'£IHAnkl)OROOP.IL;OWITHOUT MF CONOTOrOHM HII.i. 0 ONSULTING ANI) VRIMMIT Anna $OPVORT,WION4It ORM% AN P sr.Y110113•0ANAL NE$TONATIONPROJM otri OP MIA141:1.0111PA deviations from the agreed -upon means to the City for approval prior to implementing i change. In cidltion, CH2M HILL will keep the Clty updated on the daily construction activities end project status, As part of assisting the Clty with observation nd reporting, CH2M HILL wffl perform the following AN/Ms Document pre -construction structure conditions, • Observation Inspection and daily reporting of the f011oWIngt O NichtlIzation; a Dolly dredging; c; Water and turbidity monitoring; o Verify contaminant testing Is conducted consistent with the permit conditions O Pally confirmationsurveying (as required); o Regulatory agency communication; 0 Contractor Invoice review; O Field documentation and reporting (e, access agreement conditions/ MO conciltlops/compilanca, testing and disposal manifests); o Quality .assu ranee/contract compliance; and Schedule En d budget status, • Review the contre•ctoris health end safety plan for al (griment with the City, CH2M HILL will not be responsible for approving the contractor's health zncl safety plan, • Review change order requests, • Monitor that terms of any access agreements ere being met Ce,g,„ pre- and post -condition surveys, hours, eto,), • Review c'ontractor pay applications, • Intergovernmental IIdum(e,g,, LLS, Army Corps of 1-Iginears, Florida Department of Environmental Protection, Mierni-Dade County Department of Regulatory and Economic Resources), • Prepare Construction Completion Report summarizing ell field activities, Including volume of sediment rernoved,,survey data, site drawings inoluding signed Ind seated es-bullt drawing provided by the contractor, transport and al•lipment of the sediment, and structures repaired (,pdf format). A5 part of this task, CH2M HILL may perform the following additional services as directed bythe City; however, It should ba noted that these activities ere Ilet included In the budget presented In . Attiffirrient Ei; • Review SOWs of work for structure repairs prepared by the contractor, • Observe structure repairs In the hid (e,g,, embankments and see walla) • Provide additional services as requested end mutually agreed upon, AssulyiptIc no • Forth's task, CH2M HILL assumes the followingi c112.ivi HILL will assist the Cityty observing arid impacting the work of the contractorto document projeot execution In accordance with prciiect plans and specifications, • CH2M HILL will prepare for and attend construction progress meetings, initially every two weeks for the first two months, than monthly for the duration of construction, 'The meetings are assumed to last up to ono hour oech, ' elfsNT OoNrloONTIALbrolpRoDWOT, NOT1'0 BHAI21!0 013 oopinD WiThOur THR 00NarNIT 01101•IPM1111.4. CONSULTING AND SEDIMENT REMOVAL SUPPORT, WAGNER DRE;LK AND SEYaDID CANAL RESTORATION PROJECT RITY ON MIAMI, FLORIDA, • CH2M HILL will assist the city in providing finencialtracking of the selected contractor, • CHZM HILL will assist the City with change orders review, as applicable, • CHZM HILL will be responsible, for preparing and managing Its own health and safety program, CHZM HILL will not be responsible for sediment and other sampling and analysis, • CH2,M HiLL will not be responsible for sediment transportation and disposal • City is responsible for directing and managing the selected contractor statue! wont, • Selected contractor will be responsible for preparing and managing their awn health and safety program, 4 Selected contractor will be responsible for obtaining necessary access agreements, • Selected contractor wilt be responsible for pre -mobilization structure survey to evaluate properties and In -water structures th tcould be affected by the mobilization of equipment to the creek and canal or by dredging within the waterways; • Selected contractor will be responsible for providing end setting up structure protection during the sediment removal activities, • Selected contractor will be responsible for pre- and post -dredging surveying (e.g„ land and hydrogra phio), • Selected contractor will be responsible for water controls and maintenance of traffic, • Selected contractor will be responsible for documenting es -built conditions, • The project N expected to be executed on an up -to 10-hour day, 5adaywa-wank schedule, • Task 3 activities have an estimated duration of 16 months, assuming no weather or other delays, • The City will establish en estimated budget to address structure repairs within the project site, If required and CH2M HILL will assist, • CH2M HILL Is not responsible for the costs to repair structures, • Selected contractor will be responsible for repairing structures caused during the performance of their work, • Work related to structure repairs will be provided as requested by the City, but have not been budgeted, Compensation will bra based on the Tabor rate schedule provided in Attachment c, ` • Additional services will be provided as requested by the City and will be compensated based on the labor rate schedule provided in Attachment C, Deliverables For this task, CHZM HILL wilt perform the following, Prepare construction -progress. meetings -agendas and -minutes, •.. Perform irispoatlons, observatlornancl=dolly reporting/aativity,logs, • Review pre- end.post-dredging surveying to document work performed, • Prepare CI-12M HILL Health and Safety Plan and AHAs (,pdf format), • Review contractor prepered as.bulit's, • Prepare.conetructlon Completion Report, • Prepare CH2M HILL's project closa,out documentation. . DLINNT CQNVIDENTIALWORK PRODUCT, NOT'MOE MWARCO pR iOPIED WITHOUT TOE CONSENT Ors Wail HILL OONBULTINGAND 8 DINNNTREMOVALSUPPORT,WAGNERORCLKANDSKYSOLUDANA',RESTORATIONPROJROT OITY OI N.OR1fA Conditions and Limitations CH2M HILL proposes to provide services with the fallowing conditions and limitations: • The City will contract directly with the,drodgIng contractor, monitoring contractors (o,g,, wster quality, manage, noise, air quality) and structure repair contractor nod provide all materials and supplemental support for successful completion of the restoration activities along Wegner Creek end Seybold Canal, pursuant to the agreement between the City and the dredging contractor, faredging contractor fees, material casts, and supplemental support costs are not included In this proposal. • Changes in laws or regulations not known or foresecoble an this proposal date have not been included In the budget or time of performance of the services. • The selected contractor will provide divers and oilspili response services If needed during the protect, • CH2M HILL will not be responsible for the elimination or abatement of safety hazards which are not created by CH2M HILL or which do not result from the work described In this proposal. • CH2M HILL will assist the City by observing and Inspecting the work of the contractor to documont execution in accordance with protect plans and 8poc1PlOatl0ns. • CH2M HILL hos essumad that the City will provide free and unlimited access to the site for performance of observation and inspection services, If access agreements for private property are necessary for portions of the protect, the City will secure these agreements in advance and the schedule will riot be Impacted, • The costs of additional activities or delays due to protection of wildlife and marine life have not been inciuded hi the budget or schedule, • All work will be performed In appropriate personal protective equipment (Pfq, • CI12M HILL will not be responsible for delays caused by regulatory agencies. Any such delays will be evaluated for adjustment to the project budget or schedule, • The budget and schedule da not Include downtime for severe weather (e.g„ hurricanes, high winds, rough water, or lightning) that would significantly delay field ectivIVEA. Any weather conditions that could impede work, darnogo equipment, or compromise safety will be recognized, as a legitimate basis fora work stoppage or decay. • It Is assumed that all required permits have already been obtained for the restoration activities, • It Is assumed that a contractor for the City will monitor turbidity near the paint where Seybold Canal discharges Into the Miami Riven as required for regulatory compliance. • It is assumed thatthe-contractor-will-ba-responsiblefer-contracting for-arshaeologicaiservices • The City and Its contractors will provide logistics, telecommunications, and sanitary services • support to its temporary field offloe (location to be determined), if required, • CH2M HILL will bertasponslbie for their own temporary field office (Including vehicles, laptop cnmputors, cellular phones, digital rdcording equipment (a,g,, audio, photo, end video), and any other office supplies required to complete these tasks. • The contractor will provide. for the hs r dling, storage, ncl disposal of ell debris or waste generated In performance of the SOW, • The City will authorize CI-12M HILL to stop the contractors work in the event that certain emergencies or hazards occur. The City will incur any change orders that may erlse from those WON( stoppages, and will not pass any costs to 0.12M HILL, • It Is assumed that the City. will provide uninterrupted funding for the entire project, D1ItNTDONPiPENTIALWORitr'ROOUOr,NOTTOeRO}IANN5onDOPI>*WITHOIUTTNIsOONSUNTOPCN'JNiWILL CONSUL1IN0 AND strskINITRVMOVAL SUPPORT, WAGNER ()ROAM SETUOLOGANA1, RESTORATION INIOJEOT srYoFMiAr,rLpNINA. stirnatecl Schedule Table presents as conceptual project schedule, which will be further defined.as specified in Task 1. Table a Eaitnoted Pro oct Sohocitito " . • , . , ,'.. ,. ..;,. ,),,,'•:., ,.., , :.,,,,, •,itisd .viltv,',, ,. ,••• .. •,. .•, . th, ,., .. ..... , ,., ..,tisttnipM.1551,,ilit.ion ..:*.e.:i ' ' Iii441.• ' Task 1 Pro act Plannin orid Support 739 , Task 2 Design Criteria Package Preperation and Proposal 5valuation 240 Task 3 Seryicea During Construction 468 .. . _, crota l listhtiated Duration . Terms, Conditions and Compensation CH2M HILL will provide the professional services described in this proposal in accordance with Section 8 of the Agreement for Dredging Services for Wagner Creek and Seybolci Canal Waterways (Project Number 13-30643), dated rebruary 22, 2008 with the following conditions: • The work will be performed on a Time and Materials basis with on estimated budget of $2,409,688.19, which is presented In Attachment 8, * The proposod budget Is based on the project ciollvary team roe s and the Job classifications presented in Attachment C, O The budget Is contingent an reaching Mutually agreeable contractual terms and conditions, • C14231/1 HILL will invoice on a monthly basis and will only.involce the City for actual work !Ion ed, • It Is. tIERUITIOd thElt On al dredging commences work will continue uninterrup6d trot* completion (I,e,, OS through OS 6), The contract' will be assigned from CH2M HILL Constructors,In o CH2M HILL Rnglneers,In CURN1 OoNVIURNT1A1. WONKPROiAJOT, NOT Ton SHAM oR Cop1Eu WITHOUT THG ooNGENT GH0M HILL 10 CONSUCYING AND UMW. RRMUVALSUI poNT, WOO! CRRM AND Si:YHOLo oANAL [ESTRUM PRO,IGC1 orrY or MIAMI, PLoNIDA CH2M HILL thanks you for tills oPpori;unitiy to provide our proposal, We look forward to supporting the City on thls•criticallyimportant restoration project, Please contact Mike Shehadeh at (505) S47,99,26If you have any questions or require any additional Inforrriatiait, Sincerely, CH2M HILL ngineers, Inc, Mike Shehocfeh, P,E, Client Service Manager Attachment AI Attachment I r Attachment CI M+,um+wq core Project Delivery Team Resumes Project 5udget Gabor Rates Schedule Copy Jeovnnny Rodriguez, p,>~,, City of Miammi Jose Lego, P>l~,, City of Miami Torn McSweeney, CH2M HILL L 0t'""'V Michael Kirchner Operations Manager AUTHORLLATiON Services outlined herein as requested by the ellnt shall be performed in accordance with tho negotiated terms, conditions end compensation of the Agreement. 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PURSUANT TO SECTION 18-86 AND 18-89 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, APPROVING THE USE OF COMPETITIVE NEGOTIATIONS, FOR THE PURPOSES OF NEGOTIATING AN AGREEMENT FOR DREDGING SERVICES FOR SEYBOLD CANAL AND WAGNER CREEK, PROJECT B-50643, BID NO. 05-06-090; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CH2M HILL, INC,, IN AN AMOUNT NOT TO EXCEED $1,000,000, CONSISTING OF $917,381, FOR THE WORK AND $82,619, AS THE OWNER'S CONTINGENCY; ALLOCATING FUNDS FROM CAPITAL PROJECT B-50643. WHEREAS, the Department of Capital Improvements Programs ("CIP") issued a Request for Letters of Interest ("RFLI") No. 05-06-090, for the purposes of soliciting competition to develop a short-list of firms for competitive negotiations to select the firm offering the most advantageous proposal for the assessment and dredging services for the Seybold Canal and Wagner Creek Project ("Project"); and WHEREAS, three firms submitted RFLI Proposals: CH2M Hill, Inc., Subaqueous Services, Inc., and Mario J. Fax, P.G.; and WHEREAS, CIP issued a Request for Information ("RFI") No. 05-06-090 to the three firms to obtain their project management plan to be utilized by CIP as the basis for the competitive negotiations; and WHEREAS, all three proposers provided their program management plans in response to the RFI and all three proposers were issued a Request for Additional Information to clarify their.RFl submittals and prepare a fee proposal in order to begin sirnultaneous negotiations; and WHEREAS, competitive negotiations were conducted with all three firms; and WHEREAS, CH2M Hill, Inc., was determined to be the most responsive and responsible firm, capable of providing the complex scope of services needed for the long-term project; and WHEREAS, the City Manager has determined that CHM2 Hill, Inc., offers the City the most advantageous proposal based on a combination of experience, program management plan, quality and price; and WHEREAS, in the existing procurement code, this competitive negotiations procurement method is limited to the procurement of goods or services with a total value of under $50,000, therefore making it necessary to waive competitive sealed bidding procedures as provided in Section 18-86 and 18-89 of City of Miami Page 1 of 2 File Id: 07 00827 (Version: 1) Printed 0n: 6/24/2014 File Number: 07-00827 Enactment Number: R-07-0482 the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the City Manager requests authorization to execute an Agreement with CHM2 Hill, Inc., in substantially the attached form, to provide for Dredging Services for Seybold Canal and Wagner Creek; and WHEREAS, funds for the Project are available under Capital Project B-50643, in the amount of $1,000,000; and WHEREAS, said findings of the City Manager have been duly considered and adopted by the City . Commission; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section, Section 2. By a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's emergency findings, waiving competitive bidding procedures, pursuant to Section 18-86 and 18-89 of the City Code, approving the use of competitive negotiations for the purposes of negotiating an Agreement for Dredging services for the Project, are ratified, approved and confirmed. Section 3. The City Manager is authorized{1} to execute an Agreement, in substantially the attached form, with CH2M Hill, Inc., in an amount not to exceed $1,000,000, consisting of $917,381, for the work and $82,619, as the owner's contingency, with funds allocated from Capital Project B-50643. • Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Pootriotes : {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City. City of Miami Page 2 of 2 File Id: 07-00827 (Version: 1) Printed On: 6/24/2014 CITY OF MIAMI DEPARTMENT OF CAPITAL IMPROVEMENTS PROFESSIONAL SERVICES AGREEMENT SERVICE CATEGORY: CONTRACT TYPE: PROJECT NAME: PROJECT No.: CONTRACTOR: CONSULTANT'S OFFICE: CITY AUTHORIZATION: CITY CONTRACT NO.: ENVIRONMENTAL SERVICES PROJECT SPECIFIC WAGNER CREEK AND SEYBOLD CANAL WATERWAYS - DREDGING SERVCIES B--50643 CH2M HILL CONSTRUCTORS, INC. 4000 PONCE DE LEON BOULEVARD SUITE 470 CORAL GABLES, FLORIDA 33146 RESOLUTION No.07- B-50643 THIS AGREEMENT, made and entered into this day of , 2007 by and between the City of Miami, Florida, a municipal corporation, hereinafter called the City, and CH2M Hill Constructors, Inc., a Delaware Corporation, hereinafter called Contractor. WITNESSETH: A. WHEREAS, the City issued a Request for Letters of Interest ("RFLI") No. 05-06- 090 to develop a short-list of qualified firms and a Request for Proposals ("RFI") No. 05-06- 090to enter into competitive negotiations for the provision of Environmental Seryioes ("Services") for the dredging of Wagner Creek and Seybold Canal Project and based on the submittals submitted by the Contractor ("Submittals"), in response thereto, Contractor was selected for the provision of said Services. The RFLI, RFI and the Submittals are sometimes referred to herein, collectively, as the Solicitation Documents, and are by this reference expressly incorporated into and made a part of this Agreement as if set forth in full. B. WHEREAS, the City, through action of the City Commission, has selected the Contractor in accordance with the applicable provisions of the City Procurement Ordinance, to provide the services as described herein by Resolution No. 07- , adopted September 13, 2007 and authorized the City Manager to negotiate this Agreement NOW THEREFORE, in consideration of the mutual covenants and compensation set forth herein the City and Contractor agree as follows: Section 1 - Terms and Conditions 1. DEFINITIONS Whenever the following terms or pronouns in place of them appear in the Agreement, the intent and meaning shall be interpreted as follows: Agreement means this document, the RFLI, RFLI, Proposal addenda, and all of the Contractor's Submittals, and any additional documents the submission or approval of which is required by the Agreement. Change Order means a written document ordering a change in the Contract Price or Contract Time or a material change in the Work. A change order must comply with the Agreement and the Procurement Ordinance of the City. City means the City of Miami, Florida, a Florida municipal corporation. In all respects hereunder, City's performance is pursuant to the City's capacity as owner of the Project. For the purposes of this Agreement, "City" without modification shall mean the City Manager or Director, as applicable. City Commission means the governing and legislative body of the City. City Manager means the Chief Administrative Officer of the City. Construction Change Directive means a written directive to effect changes to the Work, issued by the City. Agreement Price means the original amount negotiated and awarded by the City. Project Manager means the individual designated by Contractor as its lead representatives to the City whom shall have the authority to obligate and bind Contractor and to act on all matters on its behalf. Consultant's Initials City's Initials PanA2ni2 Agreement Time means the time period defined in this Agreement for the Contractor to complete the Project. City Project Manager means an employee or representative of the City assigned by the Director to manage and monitor the Work to be performed under this Agreement. Contractor means CH2M Hill Constructors, Inc., or corporation with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Agreement to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. Corps of Engineers means the United States Army Corps of Engineers Cure means the action taken by the Contractor promptly after receipt of written notice from the City of a breach of the Agreement for the Work, which shall be performed at no cost to the City, to repair, replace, correct, or remedy all material, equipment, or ,other elements of the Work or the Agreement affected by such breach, or to otherwise make good and eliminate such breach, including, without limitation, repairing, replacing or correcting any portion of the Work or the Project site disturbed in performing such cure. Cure Period means the period of tine in which the Contractor is required to remedy deficiencies in the Work or compliance with the Agreement after receipt of written Notice to Cure from the City identifying the deficiencies and the time to Cure. DERM means the Miami -Dade County Department of Environmental Resource Management. Director means the Director of the Department of Capital Improvements and Transportation or designee, who has the authority and responsibility for managing the Project under this Agreement. FDEP means the State of Florida Department of Environmental Protection. Field Directive means a written approval for the Contractor to proceed with Work requested by the City, which is minor in nature and should not involve additional cost. Final Completion means the date certified by City in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Agreement have been received by City; any other documents required to be provided by Contractor have been received by City; and to the best of City's knowledge, information and belief .the Work defined herein has been fully completed in accordance with the terms and conditions of the Agreement. Inspector means an authorized representative of City assigned to make necessary inspections of materials furnished by Contractor and of the work performed by Contractor. Materials mean goods or equipment incorporated in this Project, or used or consumed in the performance of the Work. Notice -To -Proceed means a written letter or directive issued by the Director or City's Project Manager acknowledging that all conditions precedent have been met and directing that the Contractor may begin Work on the Project or a specific task of the Project. Project means the Work described in the Agreement. Project Initiation Date means the date upon which the Agreement Time commences. Punch List means a compilation of items of Work required to be performed by, or through the Contractor prior to Final Completion and payment. Consultant's Initials City's Initials PnnR A of 2 2. SCOPE OF WORK Request For Information (RFI) means a request from the Contractor seeking an interpretation or clarification relative to the Agreement and/or the Work Risk Administrator means the City's Risk Management Administrator, or designee, or the individual named by the City Manager to administer matters relating to insurance and risk of Toss for the City. Subcontractor means a person, firm or porporation having a direct contract with Contractor including one who furnishes material worked to a special design according to the Agreement, but does not include one who merely furnishes Materials not so worked. Submittals mean documents prepared by; the Contractor or those working on its behalf to show required by the City or other regulatory agencies necessary for the completion of the Work under this Agreement. Work means the services required by the Agreement, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project, as applicable. Contractor hereby agrees to furnish all labor, materials, equipment, services and incidentals necessary for the assessment and permitting required for dredging by DERM, FDEP, and the Corps of Engineers. The Work to be performed includes: 1. Wagner Creek from NW 20th Street to NW 11th Street, 2. Seybold Canal from NW 11 th Strelet to the Miami River 3. CONTRACT OPTIONS The City at its sole discretion may exercise an option Phase II which encompasses the dredging of Wagner Creek and the Seybold Canal. . Should the City elect to- exercise the option to complete Phase II, the City will enter into an Amendment to this Agreement pursuant to the authority granted to the City Manager by -I esolution No. 07- adopted on September 13, 2007 which shall be subject to the availability of funding. If the City desires to exercise the Phase II, the City will enter into negotiations with the Contractor for the purposes of entering into a supplemental agreement to this Agreement which shall include additional contractual terms and conditions specific to the supplemental agreement, increase the Scope of Work to reflect the requirements of Phase II, and itemize the cost for the work. Such negotiations will be reflected in the supplemental agreement(s) to the Agreement, which will be subject to the approval of the City Manager and the City Commission. 4. INTENTION OF CITY It is the intention of City to describe in this Agreement the. Project to be completed in accordance with the Agreement and in accordance with all codes and regulations governing all the Work to be performed under this Project. Any work, materials or equipment that may reasonably be inferred from the Agreement as being required to produce the intended result shall be supplied by Contractor whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference , to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Taws or regulations in Consultant's Initials City's Initials Parts 4 of 9R effect at the time of opening of bids and Contractor shall comply therewith. City shall have no duties other than those duties and obligations expressly set forth within the Agreement. 5. ,' CONTRACT TIME The Director shall issue a Notice of Award to the Contractor upon approval of the award by the City Commission and execution of the Agreement by the City Manager. The receipt of prior approval from DERM for commencement of the Work, and any other document determined to be necessary by the City Manager are conditions precedent to the mobilizing on the Project site and commencement of the Work. The Contractor shall submit all necessary documents required by this provision within the time agreed to by the City's Project Manager and the Contractor at the pre -construction meeting. Contractor shall not commence any Work under this Agreement until the City has issued a Notice to Proceed. The Contractor shall notify the City and DERM forty-eight (48) hours prior to the commencement of Work. Time is of the essence throughout this Agreement. The Work shall be completed within XXX (XXX) calendar days from the issuance of the Notice to Proceed. . 6. CONTRACT VALUE Contractor will perform the above Scope of Work for an amount not to exceed $917,381. This shall be a Firm Fixed Price and the Contractor shall not be entitled to any additional compensation for any requirements necessary to obtain the environmental approvals mandated by DERM, FDEP, Corps of Engineers, the City or other regulatory agency, or where the City makes changes in the Scope of Work or the Contract Terms and Conditions. Payments shall be made for Work based on Article 9, Progress Payments. 7. LABOR AND MATERIALS Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and Completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person 'or anyone not skilled in the work to which they are assigned. 8. PROGRESS PAYMENTS Contractor shall make monthly Application for Payment for Work completed during the Project based on the completion of established benchmarks. A 10% retainage on each payment will be held until all required permits have been obtained as required by this Agreement and the Work has been completed to the City's satisfaction. Contractor's Application for Payment shall include a partial release of liens relative to the Work, which is the subject of the Application for Payment and any other information required by the City. Contractor shall also submit an updated Project Schedule reflecting the current status against the accepted baseline Project Schedule. Each Application for Payment shall be submitted in triplicate to City's Project Manager for approval. City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: Consultant's Initials City's Initials PAM 5 of 2 ■ Defective Work not remedied. • Claims filed or reasonable evidenge indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. • Failure of Contractor to make payments properly to Sub -Contractors for materials, equipment, or labor. ■ Failure of Contractor to provide any and all documents required by the Agreement by DERM, FDEP or the Corps of Engineers. 9. PAYMENTS Payment of an approved Application for Payment approved by the Director or designee shall be made within thirty (30) days after receipt:of Contractor's Application for Payment by the City, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow eproper audit of expenditures, sh9uld the City require one to be performed. 10. PRIORITY OF PROVISIONS ' Where there exists a conflict or inconsist 'ncy between any term, statement, requirement, any document or requirement incorporated b reference, or provision within the Agreement, or incorporated , or any event referred to her in the following order of precedence shall apply: 1 The latest revision to the Agreement shall govern over the Agreement. 2. The Contractual Terms and Conditions shall govern any documents or requirements incorporated by reference. _ I 3. The Contractual Terms -and Conditions shall govern any documents or requirements of the RFLI, RFI and any subsequent information provided to the City as part of the competitive negotiation process. 4. Regulatory requirements shall supersede requirements contained in the Agreement. 11. SUPERINTENDENCE AND SUPERVISION Contractor shall keep on the Project duringl its progress, a full-time competent English speaking Principal -in -Charge and Project Manager, and any necessary assistants. The Contractor's Principal -in -Charge and Project Manager shall not be changed except with the written consent of City, unless the Contractor's Project Manager proves to be unsatisfactory to Contractor or ceases to be in its employ. The Contractor's Principal -in -Charge and Project Manager shall represent Contractor and all directions given to the Contractor's Project Manager shall be as binding as if given to Contractor and will be confirmed in writing by the Contractor's Principal in Charge. Contractor shall give efficient supervision to the Work, using its best skill and attention. The City shall be provided telephone number(s) for the Contractor's Project Manager where the superintendent can be contacted during normal working hours as well as after hours for emergencies. Contractor's Project Manager shall record; at a minimum, the following field information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of the City, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily field log in indelible ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by City. Consultant's Initials City's Initials Pane 6 of 9R Contractor and the City's Project Manager'shall hold progress meetings as deemed necessary by the City to ensure the timely completion pf the Work. The Contractor shall publish, keep, and distribute minutes and any comments thereto of each such meeting. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Agreement. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures required to complete the Work. 12. NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, electronic mail, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until qhanged. For the present, the parties designate the following: For City: Gary Fabrikant Assistant Director -Capital Improvement and Transportation 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 With copies to: (PM's name to be inserted) Department of Capital Improvements and Transportation City of Miami 444 SW 2nd Ave., 8th Floor Miami, Florida 33130 For Contractor: r h' 13. INDEMNIFICATION Consultant shall hold harmless, indemnify and defend City, its officials and employees from any and all claims, losses and causes of actions which may arise out of the performance of this Agreement as a , result of any act of negligence or negligent omission, recklessness, or intentionally wrongful conduct of Consultant or its Sub - consultants. Consultant shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all Project related suits, in the name of City when applicable, and shall pay all costs, including without limitation reasonable attorney's and appellate attorney's fees, and judgments which may issue thereon. Consultant's obligation under this Article shall not be limited in any way by the agreed upon - compensation, or Consultant's limit of, or lack of, sufficient insurance protection and Consultant's Initials City's initials Pans 7ni9� shall apply to the full extent that it is caused by the negligent act or omission, recklessness or intentional wrongful conduct of Consultant, its agents, servants, representatives or Sub -consultants. 14. INSURANCE Contractor agrees to comply with the provisions of Exhibit 1, attached hereto and incorporated herein prior to the City's execution of this Agreement. Contractor shall maintain in full force and effect during the performance of the Work and as may be required by Florida Statute all insurance specified in Exhibit 1. 15. MODIFICATIONS TO COVERAGE The City through its Risk Administrator or authorized designee reserves the right to require modifications, increases, or changes in the required insurance requirements, coverage, deductibles or other insurance obligations and shall provide a thirty (30) day written notice to the Contractor. In that event, Contractor shall comply with such requests unless the insurance coverage is not then readily available in the national market, and may request additional consideration from City accompanied by justification. All additional cost will be bom by the City. 16 DISCRETION OF DIRECTOR Any matter not expressly provided for herein dealing with the City or decisions of the City shall be within the exercise of the reasonable professional discretion of the Director or the Director's authorized designee. 17. AUTHORITY OF THE CITY'S PROJECT MANAGER The Director hereby authorizes the City's Project Manager to answer all questions in connection with the Work, and/or as to the interpretation of the Work to be performed. The Contractor shall be bound by all determinations or orders of the City's Project Manager and shall promptly respond to requests of the Project Manager, including the withdrawal or modification of any previous order, and regardless of whether the Contractor agrees with the Project Manager's determination or requests. Where requests are made orally, the Project Manager will follow up in writing, within 24 hours. The Project Manager shall have authority to act on behalf of the City to the extent provided by the Agreement, unless otherwise modified in writing by the City. All instructions to the Contractor shall be issued in writing and shall be issued through the Director or designee, or the Project Manager. The Project Manager shall have access to the Project Site during normal working hours, unless access is required by the City due to the health, safety or welfare of he City or the public. The Project Manager shall make periodic visits to the Project Site during the entire course of construction .to become generally familiar with the progress and quality of the Work, and to determine if the Work is proceeding according to the requirements of the Agreement. The Project Manager will have authority to reject Work that does not conform to the Agreement. Whenever, in his or her opinion, it is considered necessary or advisable to insure the proper implementation of the Agreement, the Project Manager will have authority to require special inspections or testing of the Work. Neither the Project Manager's authority to act under this Article, nor any decision made by him/her in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Project Manager to the Contractor, any Sub -Contractor, supplier or any of their agents, employees, or any other person performing any of the Work. Consultant's Initials City's initials Pane R of f , The Project Manager will not be responsible for the Contractor's means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor's failure to carry out the Work in accordance with - the Agreement. The Project Manager will also not be responsible for the acts, errors or omissions of the Contractor, or anyone employed or contracted directly or indirectly by the Contractor including any Sub -Contractor, or any of their agents or employees, or any other persons performing any of the Work. 18. CONSTRUCTION SIGNAGE i Signage requirements only apply to Phase II of the Project. The City shall provide the Contractor the' wording and layout for all required signs at the pre - construction conference. The Contractor Shall typically furnish the two City of Miami signs at the Project site. The City shall approve the locations for all signage. ' , 19. CONTRACTOR'S RESPONSIBILITY FOR UTILITY PROPERTIES AND SERVICE , Where the Contractor's operation could cause damage to telephone, fiber optic cable, television, electrical power, oil, gas, wat r, sewer, or irrigation systems, the Contractor shall make all arrangements hecessary for the rotection of these utilities. Notify all utility companies that are affected by the construction operation at least 48 hours in advance. Contractor shall not proceed with the work until all utilities are properly located. Under no circumstance expose any utility without first obtaining permission from the appropriate agency. Once permission has been granted, locate, expose, and provide temporary support for all existing underground utilities and utility poles where necessary. I The Contractor and his Subcontractors shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage which may result from the construction operations under this Agreement. Neither the City nor its officers or agents shall be responsible to the Contractor for damages as a result of the Contractor's failure to protect utilities encountered in the Work, In the event of interruption in utility services due to construction operations, the Contractor shall promptly notify the proper authority. Cooperate with said authority in restoration of service as. promptly as possible and bear all costs of repair. In no event shall interruption of any utility service be allowed unless granted by the owner of the utility. In the event water service lines that interfere with the Work are encountered, the Contractor may, by obtaining prior approval of the water utility, cut the service, dig through, and restore the service with similar and equal materials at the Contractor's expense and as approved by the City's Project Manager. Replace, with material approved by the City's Project Manager, at Contractor's expense, any and all other laterals, existing utilities or structures removed or damaged during construction, unless otherwise provided for in the Agreement and as approved by the City's Project Manager. 20. PROJECT SITE FACILITIES To the extent necessary for completion of the Work, Contractor may elect to arrange for Project - site facilities as necessary to enable the Contractor and the City to perform their respective duties and to accommodate any representatives of the City visiting the project. Project -site facilities, include, but are not limited to such things as trailers, toilets, typewriters, computers and any other equipment necessary to carry on the Construction Work. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements including Chapter 46 of Consultant's Initials City's Initials PAM? P of PR the Building Code and regulations of ; the State of Florida Department of Health and Rehabilitative Services or Dade County Health Department. There shall be adequate provisions made by the Contractor to ensure all disposable materials are properly disposed of and do not create a nuisance to the City or the public. The location of the temporary facilities shall be subject to the approval of the City's Project Manager The Contractor shall obtain all necessary permits required for any Project site facilities. All such facilities remain the property of the Contractor and the Contractor shall be responsible for removal and disposal of such facilities prior to ,Final Acceptance. 21. SECURITY The Contractor shall have sole responsibility for the security of all materials, tools, equipment and Work at the site. The City shall not 'be liable for any damage or loss to such materials, tools, equipment and Work. 22. STOP WORK ORDER The City may, at any time, may issue a "Stop Work Order" to the Contractor. The duration of the order could be for a period of up to ninety (90) days (or any lesser period), commencing no sooner than the date the order is delivered to the Contractor, and for any further period to which the parties may agree. Within the period of ninety (90) days (or the lesser period specified) after a Stop Work Order is delivered to the Contractor, or within any extension to which the parties have agreed the City shall either cancel the Stop Work Order; or terminate the Work covered by such order as provided in Article 47 Termination for Convenience. If a "Stop__Work Order" issued under this Article is canceled or the period of the order or any extension thereof expires, the Contractor shall resume the Work without compensation to the Contractor for such suspension other than extending the time for Substantial Completion to the extent that, in the opinion of the City, the Contractor may have been delayed by such suspension. In the event the Consultant determines that the suspension of Work was necessary due to Contractor's defective or incorrect Work, unsafe Work conditions caused by the Contractor or any other reason caused by Contractor's fault or omission, the Contractor shall not be entitled to an extension of timeasa result of the issuance of a Stop Work Order. 23. HURRICANE PRECAUTIONS During such periods of time as are designated by the National Weather Service as being a hurricane warning or alert, the Contractor, at no cost to the City, shall secure the Project site„ regardless of whether the City has given notice. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. Additional work relating to hurricane`warning or alert at the Project site will be addressed by a Change Order. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the City has directed such suspension, will entitle the Contractor to additional Agreement Time as a non-compensable delay. 24. CLEANING UP; CITY'S RIGHT TO'CLEAN UP Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, Contractor shall remove all its waste materials and rubbish in and around the Project as well as its tools, construction. equipment, machinery and surplus materials. If Contractor fails to clean up during the prosecution of the Work or at the completion of the Work, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors as to their responsibility for cleaning up, City may clean up and charge the cost thereof to the Consultant's Initials City's Initials Pane 10 of 2:1 contractors responsible as determined by the Consultant. All large quantities of stored combustible waste materials shall be removed from the Project at the end of each day. Cleaning operations should be controlled to limit dust. 25. REMOVAL OF EQUIPMENT If this Agreement is terminated prior to the completion of the Project, the Contractor shall promptly remove any part or all of Contractor's equipment and supplies from the property of City. If the Contractor does not comply with City's order, the City shall have the right to remove such equipment and supplies at the expense of the Contractor. 26. SUBCONTRACTORS A Sub -Contractor is any person or entity that is performing, furnishing, supplying or providing any portion of the Construction Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Sub -Contractors. All subcontracts shall require each Sub -Contractor to be bound to the Contractor to the same extent Contractor is bound to the City by the terms of the Agreement. 2527. KEY PERSONNEL The Contractor acknowledges that it was selected by the City, in part, on the basis of qualifications of particular staff identified in Contractor's response to the RFLI, hereinafter referred to as "Key Personnel". Contractor shall ensure that Key Personnel as detailed in the Attachments are available for Work hereunder as long as said Key Personnel are in Contractor's or Subcontractor's employ. Contractor will obtain prior written approval of Director or designee to change Key Personnel. New personnel proposed by the Contractor shall be subject to approval by the Director. 27. REMOVAL OF UNSATISFACTORY PERSONNEL The City may request the Contractor remove and replace any personnel employed or retained by the Contractor, or any Subcontractors, or any personnel of any such Subcontractors .The Contractor shall respond to the City within fourteen (14) calendar days of receipt of such request with' either the removal and replacement of such personnel or written justification as to why that may not occur. The Project Manager shall make the final determination as to the removal of unsatisfactory personnel from the Work. Such decision shall not be construed as directing the Contractor to terminate any employees' employment with the Contractor. 28. WORKER'S IDENTIFICATION The Contractor's employees or subcontractors, shall wear an identification card provided by the Contractor. The identification card shall bear the employee's picture, name, title and name of the employer. Failure by a Contractor's employee to wear such identification may result in his/her removal from the Work until such time as the identification card is obtained and wom. Such removal shall not act as a basis for the Contractor to submit a claim for an extension of time. 29 CONTINUING THE WORK Contractor shall carry on the Work and adhere to the Project schedule during all disputes or disagreements with City, including, without limitation, disputes or disagreements concerning a request for. a Change Order, the Contract timeframe for completion of the Work. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 30. PUBLIC ENTITY CRIMES Consultants Initials City's Initials Parrs 11 of 2 In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendbr list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, or subcontractor, under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list, Violation of this section by Contractor shall result in cancellation of the City purchase and nlay result in Contractor's debarment. 31. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT Contractor warrants and represents that it does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Contractor's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Contractor further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. Contractor shall affirmatively comply with, all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination- onthebasis of .disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. 32. AUDIT RIGHTS AND PUBLIC RECORDS Contractor 's records (all the foregoing hereinafter referred to as "records") -which may include but not be limited to accounting records, payroll time sheets, cancelled payroll checks, W-2's, 1-099's, - written- - policies and procedures, -computer records,disks and software, videos, photographs, subcontract files (including proposals of successful and unsuccessful bidders), originals estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated settlements), and any other supporting evidence necessary to substantiate charges related to this Agreement shall be open to inspection and subject to audit and/or reproduction, during normal working hours, by City's agent or its authorized representative to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by the Contractor or any of his payees pursuant to the execution of the Agreement. Such records subject to examination shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs (including overhead allocations) as they may apply to costs associated with this Agreement. Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with such statute. Otherwise, for the purpose of such audits, inspections, examinations and evaluations, the City's agent or authorized representative shall have access to said records from the effective date of this Agreement, for the duration of the Work, and until five (5) years after the date of final payment by the City to Contractor pursuant to this Agreement. The City's agent or its authorized representative shall have access to the Contractor's facilities, shall have access to all necessary records, and shall be provided adequate and appropriate Consultant's Initials City's Initials Pane 19 of 9;1 work space, in order to conduct audits in compliance with this provision. The City or its authorized representative shall give auditees reasonable advance notice of intended audits. If an audit inspection or examination in accordance with this Article discloses overcharges in excess of 1 % except negotiated fees by the Contractor to the City, the actual cost of the City's audit shall be paid by the Contractor. If the audit discloses contract billing or charges to which Contractor is not contractually entitled, Contractor shall pay over to the City said sum within 20 days of receipt of a written demand unless otherwise agreed to by both parties in writing. 33. SAFETY PRECAUTIONS Contractor and its Subcontractors shall comply with Occupational Safety and Health Administration (OSHA) and all other applicable federal, state and local health and safety regulations. A safety plan will be designed to protect the health and safety of local residents, local businesses, City employees and all persons performing Work' under this Agreement. The safety plan shall be consistent with the requirements of: ■ OSHA Safety and Health Standards 29 CFR 1910 (General Industry), US department of Labor, Occupations Safety and Health Administration ■ OSHA 29 CFR 1910.120 Hazardouls Waste Operations and Emergency Response, US Department of Labor, Occupations Safety and Health Administration ■ OSHA Safety and Health Standards 29 CFR 1926 (Construction Industry), US Department of Labor, Occupations Safety and Health Administration ■ Standard of Operating Safety Guidelines, USEPA, Environmental Response Branch, Hazardous Response Support Division, Office of Emergency and Remedial Response. ■ Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, US Department of Health and Human Services, Public Health Service, Center for Disease Control, National Institute of Occupational Safety and Health The Contractor, its employees and subcontractors shall implement and maintain these procedures prior to and during the performance of the Work. 34. PERMITS, AND LICENSES Except as otherwise provided within the Agreement, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by Contractor pursuant to this Agreement shall be secured and paid for by Contractor. It is Contractor's responsibility ,to have and maintain appropriate Certificate(s) of Competency, valid for the Work to be perfor`med and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 35. TAXES Contractor shall pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the, pertinent state statutes involving state taxes and complying with all requirements. 36. COMPLIANCE WITH LAWS Contractor shall comply with all applicable laws, codes, ordinances, rules, regulations and resolutions and all applicable guidelines and standards in performing its duties, responsibilities, and obligations related to this Agreement. Consultant's Initials City's Initials PanA 1:4 of PR 37. NO DAMAGES FOR DELAY In the event of any delays to the Project that are caused by actions or events that are out of the control of the City or entities hired or control by the City, the Contractor may request a time extension in accordance with the terms of the Agreement. The City shall not be liable for any delay damages which may be attributable to performing Work out of sequence, acceleration claims or other similar type claims, incurred by Contractor.. The time for Completion will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made therefore as herein. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by City, fires, floods, epidemics, abnormal weather conditions or acts of God. 38. EXCUSABLE DELAY Excusable Delays are those caused by circumstances beyond the control of Contractor, its Sub- Contractors, suppliers and vendors, and those caused jointly or concurrently by Contractor or its Sub -Contractors, suppliers or vendors and by the City. Contractor is entitled to a time extension of the Construction Work Time for Completion for each day the Construction Work is delayed due to Excusable Delay. Contractor shall document its claim for any time extension as provided in Article 39 hereof. Where Contractor seeks compensation due to an Excusable delay that request must be submitted in accordance with Article 39. Contractor shall furnish to the City's Project Manager all documentation supporting its claim which describes the work affected and the actual costs resulting from the delay. Where the City agrees to an excusable delay and the Work is being performed by a Sub - Contractor, the Contractor shall be paid for actual costs associated with the delay plus 5% for indirect and overhead costs. Where the City agrees to an excusable delay and the Work is being performed by the Contractor's own forces the Contractor shaft be reimbursed for actual costs burdened by the Contractor's current Florida Department of Transportation audited overhead rate plus 5% profit associated with the delay. - . - The Contractor agrees that the above constitutes its sole and exclusive remedies for an excusable delay. Failure of Contractor to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. 39. NOTIFICATION AND CLAIM FOR DELAY Any claim for a change in the Time for Completion, shall be made by written notice by Contractor to the Project Manager within fifteen (15) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days after the event giving rise to the claim, written notice of the extent of the claim with supporting documentation shall be provided unless the Project Manager allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by Contractor 's written notarized statement thatthe adjustment claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. 40. FORCE MAJEURE: If the Contractor is delayed in performing any obligation under this Agreement due to a force majeure condition, the Contractor shall request a time extension from the City within five (5) Consultant's Initials City's Initials Pann14rf2 working days of said force majeure occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Contractor for extra compensation unless additional services are required. 41. FIELD DIRECTIVES The City's Project Manager may at times issue Field Directives to the Contractor while visiting the Project site. Such Field Directives shall be issued in writing and the Contractor shall comply with such directive. If the Contractor believes the directive is outside the scope of the Work, the Contractor shall, within 48 hours, notify the City's Project Manager that the Field Directive is outside the scope of the Work. At that time the Field Directive may be rescinded or the Contractor may be required to submit a request for a Change Order proposal. Where the Contractor is notified of the City's position that the Field Directive is within the scope and the Contractor disagrees, the Contractor shall notify the City's Project Manager that the Contractor reserves the right to make a claim for the time and monies based on the Field Directive. Failure to comply with the directive may result in a determination that the Contractor is in default of the Agreement. 42. CHANGE ORDERS All changes to the Work must be approved in advance in accordance with the value of the Change Order or the calculated extension of time. All Change Orders, excluding those issued against the contingency, increasing the value of the Agreement by $50,000 or more shall be approved in advance by the City Commission. All Change Orders increasing the value of the Agreement, excluding those issued against the contingency by Tess than $50,000 shall be approved in advance by the City Manager, Director or designee. All Change Orders issued against the contingency shall be approved by the Director or designee. 43. INSPECTION OF WORK The City shall at all times have access to the Work during normal work hours. Inspectors shall have no authority to permit deviations from any of the provisions of the Agreement, nor to delay the Work by failure to inspect the materials and Work with reasonable promptness without the written permission or instruction of the Project Manager. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by Contractor to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of Contractor will constitute a breach of this Agreement. 44. DOCUMENTS AND RECORDS All documents, reports, including laboratory reports, drawings, maps, computer files, models and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, will be considered "work for hire "as such phrase is defined in Section 101 of Title 17 of the United States Code (Public Law 94-533 and all title, ownership and copyright privileges are and at all times shall be the property of the City without restriction or limitation on their use, and will be made available, on request, to the City at any time during the performance of such services and/or upon completion or termination of this Agreement. Contractor shall 'provide hard all such information electronically as well as in hard copy. 45. SUBMITTALS The Contractor shall be responsible for submittals as may be authorized by the City. The Contractor shall be responsible for the professional quality, technical accuracy and the coordination of all submittals required to complete the Work and as required by the Agreement. Consultant's Initials City's Initials Panp1Snf2% The Contractor shall, without additional compensation, correct, revise the submittals as required to obtain the approval of DERM, FDEP, an5Ithe Corps of Engineers. 46. REQUESTS FOR INFORMATION (RFI) The Contractor shall submit in writing a Request for Information (RFI) to the City's Project Manager. The RFI, which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) requiring clarification or interpretation and why the response is needed. The RFI must set forth the Contractor's interpretation or understanding of the document(s) in question, along with the reason for such understanding and the implications (time and cost) of any proposed action by the Contractor. 47. TERMINATION FOR CONVENIENCE The City has the right to terminate this Agreement with or without cause, upon thirty (30) days Written Notice. Such Written Notice shall state the date upon which Contractor shall cease all Work, and vacate the Project site. Upon termination of this Agreement, all charts, sketches, studies, drawings, reports and other documents, including electronic documents, related to Work authorized under this Agreement, whether finished or not, must be turned over to the City. Upon termination for reasons other than Contractor's default, the Contractor shall be paid in accordance with provisions of this Agreement, provided that said documentation is tumed over to City within fifteen (15) business days of termination. Failure to timely deliver the documentation shall be cause to withhold any payments due without recourse by Contractor until all documentation is delivered to the City. 48. TERMINATION FOR DEFAULT If Contractor fails to comply with the terms or conditions of this Agreement, the Contractor could be found in default. Upon the occurrence of a default which is not cured within the Cure Period, in addition to all remedies available to it by law, the City may immediately, upon written notice to Contractor, terminate this Agreement whereupon all advances paid by the City to Contractor while Contractor was in default shall be immediately returned to the City. The City may also suspend any payment or part thereof or order a Work stoppage until such time as the issues concerning compliance are resolved. In the event of termination due to default, in addition to the foregoing Contractor shall be liable for all costs and expenses incurred by the City in the re -procurement of the Work under this Agreement. In the event of Default, the City may also issue a Notice to Cure and suspend or withhold payments to Contractor until such time as the actions giving rise to default have been cured. A finding of default and subsequent termination for cause may include, without limitation, any of the following: • Contractor fails to obtain the insurance required herein required. • Contractor fails to comply with any of its duties under this Agreement, with any terms or conditions set forth in this Agreement beyond the specified period allowed to cure such default. • Contractor fails to commence the Work within the timeframes provided or contemplated herein, or fails to complete the Work in a timely manner as required by this Agreement. The City shall provide Written Notice to Cure to Contractor as to a finding of default, and Contractor shall take ail necessary action to Cure said default within such time as stipulated in the Written Notice. Such time to Cure shall be at the sole discretion of the City. The City may Consultant's Initials City's initials Pane 1fi cif 7R extend the Cure Period at its sole discretion or terminate the Agreement upon failure of the Contractor to cure such default in the specified timeframe. 49. CONTRACTOR'S RIGHT TO TERMINATE The Contractor shall have the right to terminate this Agreement for cause, in writing, following breach for non-payment by the City, if breach of contract has not been corrected within thirty (30) days from the date of the City's receipt of a written notice from Contractorspecifying the City's breach of its duties under this Agreement. 50. MATERIALITY AND WAIVER OF BREACH si City and Contractor agree that each requirement, duty, and obligation is an integral part of this Agreement. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 51. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Project Manager shall, within ten (10) working days, perform the inspection. If City's Project Manager finds the Work acceptable, the requisite documents have been properly submitted, the requirements of the Agreement satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate for, Payment (Exhibit 2) shall be issued by City's Project Manager. Before issuance of the final payment, Contractor shall deliver to City's Project Manager a complete release of all liens arising out of this Agreement, or receipts in full in lieu thereof; an affidavit certifying that all suppliers and Sub -Contractors have been paid in full and that all other indebtedness connected with the Work have been paid. Contractor shall deliver approved permits from the DERM, FDEP, Corps of Engineers and the City of Miami necessary to perform the dredging. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the Agreement and identified by Contractor as unsettled at the time of the application for final payment. 52. RESOLUTION OF CONTRACT DISPUTES Contractor understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be initially submitted to the Director for resolution. Upon receipt of the submittal from the Contractor, the Director shall render a decision within fourteen (14) calendar days. Where a mutually satisfactory resolution cannot be reached the Contractor may submit the dispute to the City Manager or his/her designee for resolution. Where a mutual resolution cannot be reached between the Contractor and the City Manager or designee, the Contractor, prior to being entitled to seek judicial relief shall comply with Article 58 of this Agreement, in connection therewith. Should the amount of compensation hereunder exceed $500,000, the City Manager's decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief unless: • it has first received City Manager's written decision, approved by the City Commission if applicable, or Consultant's Initials City's Initials Pane 17 of 2 • a period of thirty (30) days has expired after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, or a period of (75) days has expired where City Manager's decision is subject to City Commission approval; and • mediation of the dispute, as stipulated in Article 58, has not resulted in a mutual resolution; or • City has waived compliance with the procedure set forth in this Article by written instrument(s) signed by the City Manager. „ 53. MEDIATION WAIVER OF JURY TRIAL In an effort to engage in a cooperative effort to resolve conflict which may arise during the course of the design and/or construction of the Project, and/or following the completion of the Project, the parties to this Agreement agree all unresolved disputes between them shall be submitted to non -binding mediation prior to the initiation of litigation, unless otherwise agreed in writing by the parties. A certified Mediator, who the parties find mutually acceptable, will conduct any Mediation Proceedings in Miami -Dade County, State of Florida. The parties will share the costs of a certified Mediator on a 50/50 basis. The Contractor agrees to include such similar contract provisions with all Sub -Contractors retained for the Work, thereby providing for non -binding mediation as the primary mechanism for dispute resolution. In an effort to expedite the conclusion of any litigation the parties voluntarily waive their right to jury trial or to file permissive counterclaims in any action arising under this Agreement. —54. APPLICABLE LAW AND VENUE OF LITIGATION This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. Each party shall bear its own attorney's fees except in actions arising out of Contractor's duties to indemnify the City under this Agreement where Contractor shall pay the City's reasonable attorney's fees. 55. INDEPENDENT CONTRACTOR Contractor is an independent contractor under this Agreement. Services provided by Contractor pursuant to this Agreement shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. 56. SUCCESSORS AND ASSIGNMENTS The performance of this Agreement shall not be transferred pledged, sold, delegated or assigned, in whole or. in part, by the .Contractor without the written consent of the City. It is understood that a sale of the majority of the stock or partnership shares of the Contractor, a merger or bulk sale, an assignment for the benefit of creditors shall each be deemed transactions that would constitute an assignment or sale hereunder requiring prior City approval. Any transference without City Commission approval shall be cause for the City to nullify this Agreement. The Contractor shall have no recourse from such cancellation. The City may require bonding, other security, certified financial statements and tax retums from any proposed assignee and the execution of an assignment/ assumption agreement in a form satisfactory to the City Attorney before the approval of an assignment. The Contractor and the City each binds one another, their partners, successors, legal representatives and authorized assigns to the other party of this Agreement and to the partners, Consultant's Initials City's Initials Pane le of 9R successors, legal representatives and assigns of such party in respect to all covenants of this Agreement. 57. THIRD PARTY BENEFICIARIES Parties to this Agreement agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 58. JOINT PREPARATION- INTERPRETATION The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party hereto. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender; and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, article, paragraph, or section where they appear, uhless the context otherwise requires. 59. AMENDMENTS No modification, amendment, or alteration to the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the City Manager and Contractor. 60. SEVERABILITY In' the event the any provision of this Agreement is determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be excised from this Agreement, and the remainder of this Agreement shall continue in full force and effect. 61. ENTIRE AGREEMENT This Agreement, as it may be amended from time to time, represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed with the same ,formality and equal dignity herewith. . Waiver by either party of a breach of any provision of tthis Agreement shall not be deemed to be a waiver of any other breach. The RFLI, RFI and the Submittals by the Consultant are hereby incorporated by this reference made a part of this Agreement as if set forth in full. Where there is a conflict in any of the documents the latest document shall prevail and this Agreement shall prevail over all the documents incorporated by reference 62. FUNDS AVAILABILITY Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. IN WITNESS WHEREOF, the parties have set their hands and seals on the day and year first above written. "City" Consultant's Initials City's Initials Panes 1 Q nf 9 i City Of Miami, a municipal ATTEST: corporation By: Priscilla A. Thompson, City Clerk Pedro G. Hernandez, P.E., City Manager ATTEST: Print Name: Title: ^_ "Contractor" Inc. corporation ' By: Print Name: Title: APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: Jorge L. Fernandez City Attorney REQUIREMENTS: LeeAnn Brehm Risk Management Administrator THE CITY REQUIRES THREE (3) FULLY -EXECUTED AGREEMENTS, FOR DISTRIBUTION. Consultant's Initials City's Initials PanA 90 of PS EXHIBIT 1 INSURANCE REQUIREMENTS WAGNER CREEK AND SEYBOLD CANEL WATERWAYS DREDGING SERVCIES) COMMERCIAL GENERAL LIABILITY Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 1,000,000 Aggregate $ 2,000,000 Personal and Advertising Injury $ 1,000,000 Products and Completed Operations $ 1,000,000 Endorsements Required: City of Miami included as an Additional Insured Independent Contractors Coverage Contractual Liability CG 22 7410 Explosion, Collapse and Underground Hazard Loading and Unloading Mobile Equipment Coverage (Contractor's Equipment) weather Owned, leased, borrowed or rented by the contractor or employees of the contractor Business Automobile Liability Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 Endorsements Required: City of Miami included as an Additional Insured Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Consultant's Initials City's Initials PAAA 21 of 2 IV. Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit V. Umbrella Policy A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit $ 5,000,000 Each Occurrence $ 5,000,000 Aggregate $ 5,000,000 Note: Excess over CGL/Auto/Employer's Liability VI. Payment and Performance Bond N/A VII. Contractor's Professional Liability/Error's & Omissions Limits of Coverage Each Occurrence $1,000,000 Aggregate $1,000,000 VIII. ENVIRONMENTAL AND IMPAIRMENT LIABILITY Limits of Coverage Each Claim $5,000,000 Aggregate $5,000,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A" as to management, and no less than "Class X" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oidwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Consultant's Initials City's Initials P,no 99 of 93 'EXHIBIT 2 FINAL CERTIFICATE OF PAYMENT: PROJECT: - CONSULTANT: (name, address) TO (City): DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by the Agreement, and the final bill of materials, if required, have been received and accepted. The Work required by the Agreement has been reviewed and the undersigned 'certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Agreement and is accepted under the terms and conditions thereof. BID/CONTRACT NUMBER: CONSTRUCTION MANAGER: AGREEMENT FOR: NOTICE TO PROCEED DATE: Consultant BY Date City, through' the Director, accepts the work as fully complete and Will assume full possession thereof at (Time) (Date). City of Miami, Florida By Director Date Consultant's Initials • City's Initials Pans9Ant2i