Common use of The City’s Responsibilities Clause in Contracts

The City’s Responsibilities. 3.1 The City shall designate in writing a Project Coordinator to act as the City’s representative with respect to the services to be rendered under this Agreement (herein after referred to as Project Coordinator). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define City policies and decisions with respect to Consultant’s Services on this Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatsoever, unless approved by the City Manager and/or City Commission in compliance with Article 1.16 requirements, including but not limited to the following: a) The Scope of Services to be provided and performed by Consultant hereunder; b) The time the Consultant is obligated to commence and complete all such Services; or c) The amount of compensation the City is obligated or committed to pay Consultant. 3.2 The City shall assist Consultant by placing at Consultant’s disposal all information that the City has available pertinent to the Project, including previous reports and any other data relative to design or construction of the Project. It shall be fully understood that City, in making such reports, site information, and documents available to the Consultant is in no way certifying representing and/or warranting as to the accuracy or completeness of such data. Any conclusions or assumptions drawn through examination thereof shall be the sole responsibility of the Consultant and subject to whatever measure it deems necessary to final verification essential to its performance under this Agreement. Additional Services required due to inaccurate, incomplete or incorrect information supplied by the City may be undertaken by the Consultant as an Additional Service to this Agreement. Consultant shall notify the Project Coordinator, in writing, in a timely manner and obtain said Project Coordinator’s written consent, before proceeding with the work. If Consultant proceeds with the Additional Services without notifying and obtaining the consent of the Project Coordinator, said work shall be deemed to be within the original level of effort and deemed included as a Basic Service herein. 3.3 The City has established a Construction Cost Budget for the Project, as stated in Schedule A. 3.4 In the City's sole discretion, the City may furnish legal, accounting and insurance counseling services as may be required at any time for the Project, including such auditing services as the City may require to verify the Consultant’s applications for payment or to ascertain that Consultant has properly remitted payment due to sub consultants or vendors working on this Project for which Consultant has received payment from the City. 3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project or non- conformance with the Contract Documents, the City shall give prompt written notice thereof to the Consultant. 3.6 The City shall furnish required information and services and render approvals and decisions in writing as reasonably expeditious as necessary for the orderly progress of the Consultant's Services and of the Work. No approvals required by the City during the various phases of the Project shall be unreasonably delayed or withheld; provided that the City shall at all times have the right to approve or reject any proposed submissions of Consultant for any reasonable basis. 3.7 The City Commission shall be the final authority to do or to approve the following actions or conduct by passage of an enabling resolution or amendment to this Agreement. 3.7.1 The City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement, except when noted otherwise (i.e., where delegated to the City Manager or his designee) in this Agreement. 3.7.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement or any interest therein and any subcontracts made pursuant to this Agreement. Assignment and transfer shall be defined to include sale of the majority of the stock of a corporate Consultant. 3.7.3 All required City Commission approvals and authorizations shall be expressed by passage of an appropriate enabling resolution and, if an amendment, by the execution of an appropriate amendment to this Agreement. 3.7.4 The City Commission shall hear appeals from the administrative decision of the City Manager’s appointed designee(s), upon the Consultant's written request, in which case the Commission's decision shall be final. 3.7.5 The City Commission shall approve or consider all Contract Amendments that exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). 3.8 The City Manager or his designee(s) shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the City Commission) to the Consultant. These authorizations shall include, without limitation: reviewing, approving, or otherwise commenting upon the schedules, plans, reports, estimates, contracts and other documents submitted to the City by the Consultant. 3.8.1 The City Manager shall decide, in his professional discretion, matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement, and shall attempt to render administrative decisions promptly to avoid unreasonable delay in the progress of the Consultant's Services. The City Manager, in his administrative discretion, may consult with the City Commission concerning disputes or matters arising under this Agreement regardless of whether such matters or disputes are enumerated herein. 3.8.2 The City Manager shall be authorized, but not required, at the request of the Consultant, to reallocate monies already budgeted toward payment of the Consultant, provided, however, that the Consultant's compensation or other budgets established by this Agreement cannot be increased. 3.8.3 The City Manager, or his designee, shall be the sole representative of the City authorized to issue a Notice to Proceed, as referenced in Article 2 and the attached Schedule “A” entitled “Scope of Services”. 3.8.4 The City Manager may approve Contract Amendments which do not exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended) and which do not increase any of the budgets established herein. 3.8.5 The City Manager may, in his sole discretion, form a committee or committees, or inquire of or consult with persons for the purpose of receiving advice and recommendations relating to the exercise of his powers, duties and responsibilities under this Agreement.

The City’s Responsibilities. 3.1 The City Manager shall designate in writing a Project Coordinator to act as Coordinator, in writing, who shall be the City’s 's authorized representative with respect to the services coordinate, direct, and review all matters related to be rendered under this Agreement and the Project during the review of same (herein after referred to as Project Coordinatorexcept unless otherwise expressly provided in this Agreement or the Contract Documents). The Project Coordinator shall have authority be authorized (without limitation) to transmit instructions, receive information, and interpret and define City policies and decisions with respect to Consultant’s the Services on this and the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that would have the effect, affect (or be interpreted to have as having the effect, ) of modifying or changing changing, (in any way whatsoever, unless approved by the City Manager and/or City Commission in compliance with Article 1.16 requirements, including but not limited to way) the following: : a) The Scope of the Services to be provided and performed by Consultant hereunder; described in the Agreement; b) The time the Consultant is obligated to commence and complete all such ServicesTerm of this Agreement; or or 13 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES c) The the amount of compensation the City is obligated or committed to pay Consultant. 3.2 The City shall assist make available to Consultant by placing at Consultant’s disposal all information that the City has available in its possession pertinent to the Project, including previous reports . Consultant hereby agrees and any other data relative to design or construction of the Project. It shall be fully understood that Cityacknowledges that, in making any such reports, site information, and documents information available to Consultant, the Consultant is in City makes no way certifying representing express or implied certification, warranty, and/or warranting representation as to the accuracy or completeness of such datainformation. Any conclusions or assumptions drawn through examination thereof shall be The Consultant understands, and hereby agrees and acknowledges, that it is obligated to verify to the sole responsibility of the Consultant and subject to whatever measure extent it deems necessary to final verification essential to its performance under this Agreement. Additional Services required due to inaccurate, incomplete or incorrect all information supplied furnished by the City may be undertaken City, and that it is solely responsible for the accuracy and applicability of all such information used by Consultant. Such verification shall include, without limitation, visual examination of existing conditions in all locations encompassed by the Project, where such examination can be made without using destructive measures (i.e. excavation or demolition). Survey information shall be spot checked to the extent that Consultant has satisfied itself as an Additional Service to this Agreement. Consultant shall notify the Project Coordinator, in writing, in a timely manner and obtain said Project Coordinator’s written consent, before proceeding with the work. If Consultant proceeds with the Additional Services without notifying and obtaining the consent reliability of the Project Coordinator, said work shall be deemed to be within the original level of effort and deemed included as a Basic Service hereininformation. 3.3 The City has established a Construction Cost Budget for the Project, as stated in Schedule A.[Intentionally Omitted] 3.4 In the City's At any time, in his/her sole discretion, the City Manager may furnish legalaccounting, accounting and insurance counseling services as may be required at any time for the ProjectProject (including, including such without limitation, auditing services as the City may require to verify the Consultant’s 's applications for payment payment, or to ascertain that Consultant has properly remitted payment due to sub its sub-consultants or vendors working on this Project for which Consultant has received payment from the Cityvendors). 3.5 If the City observes or otherwise becomes aware of any fault or defect in the Project Project, or non- conformance with the Contract Documents, the City City, through the Project Coordinator, shall give prompt written notice thereof to the Consultant. 3.6 The City City, acting in its proprietary capacity as Owner and not in its regulatory capacity, shall furnish required information and services and render any administrative approvals and decisions required under this Agreement, in writing writing, as reasonably expeditious as necessary for the orderly progress of the Consultant's Services and of the Work. No City administrative (proprietary) approvals and/or decisions required by the City during the various phases of the Project under this Agreement shall be unreasonably delayed conditioned, withheld, or withhelddelayed; provided provided, however, that the City shall at all times have the right to approve or reject any proposed submissions of Consultant such requests for any reasonable basis. 3.7 The City Commission shall be the final authority to do or to approve the following actions or conduct conduct, by passage of an enabling resolution or amendment to this Agreement.: 3.7.1 The Except where otherwise expressly noted in the Agreement or the Contract Documents, 14 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES the City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement, except when noted otherwise (i.e., where delegated to the City Manager or his designee) in this Agreement. 3.7.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, sale, transfer or subletting of this Agreement or any interest therein and any subcontracts made pursuant to this Agreement. Assignment and transfer shall be defined to include sale of the majority of the stock of a corporate Consultant. 3.7.3 All required City Commission approvals and authorizations shall be expressed by passage of an appropriate enabling resolution and, if an amendment, by the execution of an appropriate amendment to this Agreement. 3.7.4 The 3.7.3 Upon written request from Consultant, the City Commission shall hear appeals from the administrative decision decisions of the City Manager’s appointed designee(s)Manager or the Project Coordinator. In such cases, upon the Consultant's written request, in which case the Commission's decision shall be finalfinal and binding upon all parties. 3.7.5 3.7.4 The City Commission shall approve or consider all Contract Amendments that exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). 3.8 The Except where otherwise expressly noted in this Agreement, the City Manager or his designee(s) shall serve as the City's primary representative to whom administrative (proprietary) requests for decisions and approvals required hereunder by the City shall be made and who made. Except where otherwise expressly noted in this Agreement or the Contract Documents, the City Manager shall issue decisions and authorizations (exclusive of those authorizations reserved to the City Commission) to the Consultant. These authorizations shall which may include, without limitation: reviewing, approvingproprietary review, approval, or otherwise commenting comment upon the schedules, plans, reports, estimates, contracts contracts, and other documents submitted to the City by the Consultant. 3.8.1 The City Manager shall have prior review and approval of the Project Manager (and any replacements) and of any sub-consultants (and any replacements). 3.8.2 The City Manager shall decide, in his professional discretion, and render administrative (proprietary) decisions on matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement, and shall attempt to render administrative decisions promptly to avoid unreasonable delay in the progress of the Consultant's Services. The City Manager, in his administrative In his/her discretion, the City Manager may also consult with the City Commission concerning disputes or matters arising under this Agreement regardless of whether on such matters or disputes are enumerated hereinmatters. 3.8.2 The 3.8.3 At the request of Consultant, the City Manager shall be authorized, but not required, at the request of the Consultant, to reallocate monies already budgeted toward payment of the Consultant, ; provided, however, that the Consultant's compensation (or other budgets established by this Agreement canAgreement) may not be increased. 3.8.3 The City Manager, or his designee, shall be increased without the sole representative prior approval of the City authorized to issue a Notice to ProceedCommission, as referenced which approval (if granted at all) shall be in Article 2 its sole and the attached Schedule “A” entitled “Scope of Services”reasonable discretion. 3.8.4 [Intentionally Omitted] 15 AGREEMENT-GENERAL TRANSPORTATION PLANNING AND TRAFFIC ENGINEERING CONSULTING SERVICES 3. 3.8.4 The City Manager may approve Contract Amendments which do not exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Purchasing Ordinance, as amended) and which do not increase any of the budgets established herein. 3.8.5 The City Manager may, in his sole discretion, form a committee or committees, or inquire of or consult with persons for the purpose of receiving advice and recommendations relating to the exercise of his powers, duties and responsibilities under this Agreement.