2009-27009 ResoRESOLUTION NO. 2009-27009
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AMENDMENT NO. 8 TO THE AGREEMENT BETWEEN THE CITY
AND WOLFBERG ALVAREZ & PARTNERS, INC., DATED
SEPTEMBER 25, 2002, IN THE AMOUNT OF $422,658 FOR
RESIDENT PROJECT REPRESENTATIVE (RPR) AND
SUPPLEMENTAL CONSTRUCTION ADMINISTRATION
SERVICES; $29,800 FOR ADDITIONAL DESIGN SERVICES; AND
$40,000 FOR REIMBURSABLE EXPENSES; FOR A TOTAL NOT-
TO-EXCEED SUM OF $492,458, FOR THE SOUTH POINTE RDA
PHASE II NEIGHBORHOOD 12C RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS PROJECT; WITH FUNDING
AVAILABLE FROM PREVIOUSLY APPROPRIATED SOUTH
POINTE CAPITAL FUND 389 IN THE AMOUNT OF $342,174 FROM
DESIGN, AND WITH $150,284 TO BE REALLOCATED FROM
CONTINGENCY IN FUND 389.
WHEREAS, pursuant to Request for Qualifications (RFQ) No. 57-00/01, the Mayor and
City Commission adopted Resolution No. 2002-24993, on September 25, 2002, approving and
authorizing the Mayor and City Clerk to execute an Agreement with the Consultant for
Professional Services for the South Pointe RDA Phase II Neighborhood Streetscape and Utility
Improvement Project (the Agreement); and
WHEREAS, the Agreement provides for the detailed planning, design, permitting,
bidding /award and construction administrative services for various streetscape /utility
improvements within the South Pointe RDA Phase II Neighborhood(the Project); and
WHEREAS, the Agreement was executed for anot-to-exceed amount of $469,634.00;
and
WHEREAS, on February 16, 2005, the City approved Amendment No. 1 to the
Agreement, in the amount of $19,750, for the implementation of additional underground utility
field verification efforts to further refine contract documents by selectively investigating "utility"
locations where proposed underground infrastructure will intersect with existing improvements;
and
WHEREAS, on March 11, 2005, the City approved Amendment No. 2 to the Agreement,
in the amount of $10,750, for additional services for updating /revising the survey for areas
within the Project boundary that recently implemented right-of-way improvements adjacent to
the new private developments, and within along the Alton Road right-of-way from Fourth to Fifth
Streets; and
WHEREAS, on October 19, 2005, the Mayor and City Commission adopted Resolution
No. 2005-26037, approving Amendment No. 3 to the Agreement, in the amount of $272,673, for
additional planning, design and construction administration services associated with the
expanded scope of the Project ;and
WHEREAS, on January 10, 2006, the City approved Amendment No. 4 to the
Agreement, in the amount of $12,626, for additional efforts associated with Geotechnical
Evaluation services associated with the expanded scope of the Project; and
WHEREAS, on May 11, 2007, the City approved Amendment No. 5 to the Agreement, in
the amount of $24,999, for additional efforts associated with subsurface exploration/utility
verification for the Project; and
WHEREAS, on October 2, 2008, the City approved Amendment No. 6 to the Agreement,
in the amount of $20,469, for additional efforts associated with additional design efforts for the
paving, grading and drainage of the alleyways, survey and dedication of an Easement and
various proposed staging configurations for the Project; and
WHEREAS, on November 20, 2008, the City approved Amendment No. 7 to the
Agreement, in the amount of $17,921, for the reconfiguration of Parking on Jefferson Avenue;
and
WHEREAS, the following Amendment No. 8 to the Agreement, is for $422,658, for
Resident Project Representative (RPR) and Supplemental Construction Administration
Services; $29,000, for additional Design services; and $40,000 for reimbursable expenses; and
WHEREAS, the following Amendment No. 8 increases the total Agreement by $492,458,
for a total fee of $1,341,280.
NOW, .THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, approving and authorizing the
Mayor and City Clerk to execute Amendment No. 8 to the Agreement between the City and
Wolfberg Alvarez and Partners, Inc., dated September 25, 2002, in the amount of $422,658, for
Resident Project Representative (RPR) and Supplemental Construction Administration services;
$29,800 for additional design services; and $40,000 for reimbursable expenses; for a total not-
to-exceed sum of $492,458, for the South Pointe RDA Phase II Neighborhood 12C Right-of-
Way Infrastructure Improvements Project; with funding available from previously appropriated
South Pointe Capital Fund 389 in the amount of $342,174 from design, and with $150,284 to be
reallocated from contingency in Fund 389.
PASSED and ADOPTED this 25th day of February 2009.
ATTEST: ~ ~ , ~J~~ i
Robert Parches, City Clerk Matti Herrera Bower, Mayor
T:WGENDA\2009\February 25\Consent\WOLFBERG ALVAREZ RPR, CONSTRUCTION ADMIN & ADDIT'L SERVICE RESO.doc
• ~ ~ • iV 7 rr M ~V f V
~~~.~~ ~: ~~ ~I,lAGE
Condensed Title:
COMMISSION ITEM SUMMARY
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving and authorizing
the Mayor and City Clerk to execute Amendment No. 8 to the Agreement between the City and Wolfberg
Alvarez & Partners, Inc., in the amount of $422,658, for Resident Project Representative (RPR) and
Construction Administration Services; $29,800, for additional Design Services; and $40,000 for Reimbursable
Expenses; for a total not-to-exceed negotiated sum of $492,458, for the South Pointe RDA Phase II
Neighborhood 12C Right-of-Way Infrastructure Improvements Project; with funding available from the
previously appropriated South Pointe Capital Fund 389, in the amount of $342,174, from Design, and $150,284
to be reallocated from Contin enc in Fund 389.
Ke Intended Outcome Su orted:
Ensure well desi ned uali ca ital ro'ects.
Supporting Data (Surveys, Environmental Scan, etc.): The 2007 Community Satisfaction Survey indicated
that 82% to 85% of the recently completed South Pointe area capital improvement projects were ranked as
good or excellent by residents. Completing the South Pointe RDA Phase I I Improvement Project will add to the
well needed u rades in this area and im rove overall ratin .
Issue:
Shall the Ci Commission a rove the additional services for Wolfber Alvarez and Partners, Inc.?
item Summa Recommendation:
On December 10, 2008, the City Commission approved the award of the construction contract to Horizon
Contractors, Inc. (HCI). In anticipation of the start of the construction, in 2008, CIP staff and the City's Program
Manager, Hazen and Sawyer, reviewed the Wolfberg Alvarez and Partners (WA) Agreement dated September
25, 2002. The team concluded that the remaining sixty thousand and forty-eight ($60,048) dollars fee to perform
Task 4, the Construction Administration Services on the Project, as addressed in the current WA Agreement, is
inadequate. The Administration has also determined that with Projects of this magnitude and complexity, it will
be necessary to have a qualified, full time RPR on site for the entire eighteen (18) month construction, to
provide daily quality field observation to ensure that the general intent of the Contract Documents are being
met.
On March 1, 2006, the City Commission approved an Amendment to the Professional Services Agreement with
Hazen and Sawyer, for program management services of the City's Right-of-Way (ROW) Projects. Under this
Amendment, seventy three thousand, one hundred and twelve (73,112) man hours of Resident Project
Representative (RPR) services were deleted from Hazen and Sawyer, P.C. Agreement, with the deleted
services to be added to the Architectural/Engineering (A/E) Firm(s) which are designing the public ROW
Project(s). Therefore, RPR services were added to the Wolfberg Alvarez scope of services. RPR services will
be added to future Neighborhood ROW projects.
The original fee requested by WA in June 2008, for both the RPR, and Construction Administration Services
was $826,041. In July 2008, the fee was negotiated down to $605,920, which represents seven percent (7%) of
the construction budget, and is within the industry standard for projects of this size and complexity. The final fee
negotiated by the City, and accepted by WA, in January 2009, is 422 658 which represents five percent (5%)
of the construction budget, and is below the industry standard for projects of this size and complexity. In the
event that the Construction duration is extended beyond eighteen (18) months, WA will be compensated
accordingly, and in the event that the Project is completed ahead of schedule, the appropriate fee will be
credited to the City.
THE ADMINISTRATION RECOMMENDS THE APPROVAL OF THE AMENDMENT N0.8.
~+-avr5ory tsoara rcecommenaation:
Financial Information:
Source of Amount Account
Funds: 1 $342,174.00 389.2332.061357
2 $150,284.00 389.2332.069358
3
1 Total $492,458.00
Fina ci Im ac t Summa
w c~erK•s cmice Le islative Trackin
Carla Dixon Ext.6264
Sian-Offs:
Department Director Assistant ger City Man er
FBH T JMG
T:WGENDA\2009\February 25\Cons nt\ LFBERG ALVAREZ RPR, C STRUCTION ADMIN & ADDITL SERVICE SU M R oc
~' I A I~ ESC H AGENDA ITEM ~ a
DATE
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, w~ww.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez
DATE: February 25, 2009
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 8 TO THE AGREEMENT
BETWEEN THE CITY AND WOLFBERG ALVAREZ & PARTNERS, INC., DATED
SEPTEMBER 25, 2002, IN THE AMOUNT OF $422,658 FOR RESIDENT
PROJECT REPRESENTATIVE (RPR) AND SUPPLEMENTAL CONSTRUCTION
ADMINISTRATION SERVICES; $29,800 FOR ADDITIONAL DESIGN SERVICES;
AND $40,000 FOR REIMBURSABLE EXPENSES; FOR A TOTAL NOT-TO-
EXCEED SUM OF $492,458, FOR THE SOUTH POINTE RDA PHASE II
NEIGHBORHOOD 12C RIGHT-0F WAY INFRASTRUCTURE IMPROVEMENTS
PROJECT; WITH FUNDING AVAILABLE FROM PREVIOUSLY APPROPRIATED
SOUTH POINTE CAPITAL FUND 389 IN THE AMOUNT OF $342,174 FROM
DESIGN, AND WITH $150,284 TO BE REALLOCATED FROM CONTINGENCY
IN FUND 389.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding is available in the amount of $492,458, previously appropriated in the Fiscal Year
2007-2008 Capital Budget, for Engineering and Design fees, and Construction fees for the
Project as follows:
Account No.389.2332.061357 (Design/Engineering) ......................................$342,174
Account No. 389.2332.069358(to be reallocated from Contingency) ..................$150,284
Total $492,458
BACKGROUND
On February 4, 2004, the City Commission approved the Basis of Design Report (BODR),
completed and submitted by Wolfberg Alvarez and Partners (WA) for the South Pointe RDA
Phase II, Neighborhood No.12C Right of Way Improvement Project (the Project). This
BODR was the culmination of a comprehensive planning effort that included input from and
reviews by residents, various City departments, the Design Review Board (DRB), the
Historic Preservation Board (HPB), and a joint meeting of the Neighborhoods and Finance
and Citywide Projects Committees.
The Project area encompasses improvements to the entire Public Right-of-Way
infrastructure from Fifth Street to Second Street, excluding Third Street, and from west of
Washington Avenue to Alton Road. The South Pointe Phase II Project area is primarily
Medium and Low Density Residential, with a small Commercial General Mixed use area at
the north and southeast ends of the Project limits.
City Commission Memorandum -SOUTH PO/NTE PHASE Il CONSTRUCTION CONTRACT
February 25, 2009
Page 2 of 6
The Project scope of work includes the replacement of existing water lines within the
alleyways (Courts) to enhance the water pressure and water flow; the installation of new
stormwater infrastructure, including twenty-one (21) gravity wells, to meet the Stormwater
Master Plan recommended Level of Service (LOS) throughout the project area; streetscape
improvements, new pavement, traffic markings and signs; enhanced pedestrian access;
defined neighborhood entrances; landscaping and irrigation; lighting; and parking
improvements.
On December 7, 2007, one hundred percent (100%) Construction Documents, including an
estimate of probable construction costs for the Project were submitted to City staff for
review. The permitting process included the submission of permit applications to various
agencies having jurisdiction, including the Miami-Dade County Department of Health (DOH),
Miami-Dade County Water and Sewer Department (WASD), Miami-Dade County Traffic
Engineering Division, Miami-Dade County Department of Environmental Resources
Management (DERM), Florida Department of Environmental Protection (FDEP), and the
Florida Department of Transportation (FDOT).
On January 25, 2008, Invitation to Bid (ITB) No. 13-07/08, was issued. Seven (7) Addenda
were issued to provide additional information and to respond to all questions submitted by
the prospective bidders, thus extending the bid opening due date to April 17, 2008. A total
of seven (7) potential contractors responded. Their base bid, plus Alternates totals ranged
from, $8,532,791, to $10, 257,187; falling within the Project budget. On May 29, 2008, City
staff and Consultants, convened to review the Lump Sum Bids, Alternates, Risk Assessment
Plans, and the Performance Evaluation Surveys received from clients of the seven (7)
prospective Contractors. The Performance Evaluation Surveys included the client's
satisfaction rating of the overall firm, and their individual Project Manager to be assigned to
the Project.
On June 16, 2008, a second meeting was convened, to allow each Contractor to make a
presentation, followed by a Question and Answer (Q&A) period with the Contractor's team
and proposed Project Manager. The Committee made a recommendation to award a
construction Contract to Ric-Man International, Inc., for the construction of the Project.
On July 16, 2008, the City Commission deferred and referred the recommendation for award
to the CIPOC for further review. Although the CIPOC did not meet in August 2008, on
August 12, 2008, a Capital Improvement Oversight Committee (CIPOC) Sub-Committee
convened to discuss the Project. The CIPOCSub-Committee agreed to recommend to the
City Commission, that the City award the construction contract for the Project, as outlined in
the July 16 2008, Commission Memorandum. In addition, the Sub-Committee recommended
in favor of including a form for the contractors to include unit price information as a
requirement for future Invitation to Bid (ITB) responses. Upon additional discussion at its
September 15, 2008, meeting, the CIPOC recommended to the City Commission, to reject
all bids, and re-bid the Project as a lump sum bid with the requirement that bidders provide
unit prices to support their bids. During the September 17, 2008, Commission meeting, the
decision was made to reject all bids, and re-bid the Project.
On September 30, 2008, Invitation to Bid (ITB) 48-07/08 was issued, for the re-bid of the
Project, with an initial bid opening date scheduled for October 29, 2008.On October 9, 2008,
a Pre-Bid Conference was held. Five (5) Addenda were subsequently issued to provide
additional information, and clarification, to respond to all questions submitted by the
prospective bidders, and to extend the bid opening due date to November 14, 2008.
Approximately one hundred (100), questions were received by the City, primarily related to
the new bid format. Bidsync issued bid notices to over one hundred (100) prospective
bidders, and Bidnet issued bid notices to nine (9) prospective bidders. Additionally, the
City Commission Memorandum -SOUTH POINTE PHASE 11 CONSTRUCTION CONTRACT
February 25, 2009
Page 3 of 6
Procurement Division supplemented the notification listing and sent the bid notification to
other construction related websites and listings, including the Blue Book online. The notices
resulted in the receipt of the nine (9) bids. The total of all Base Bids plus Alternates ranged
from $5,351,994 to $10,309,394, falling within the Project budget. It should be noted that
the lowest of the nine bidders (Downrite Engineering), withdrew its bid on November 18,
2008, due to an error in their submission. The total for the second lowest bidder was
$7,683,901.
On November 26, 2008, the City's Technical Review Panel (TRP), as well as support staff
from the City's Program Manager, Hazen and Sawyer, the Design Engineer of Record
(EOR), Wolfberg Alvarez and Partners, convened to review the bids submitted forthe South
Pointe RDA Phase II Right of Way Improvement Project. The TRP members were also
provided with Performance Evaluation Surveys received from clients of the remaining eight
(8) Contractors and their proposed Project Manager to be assigned to the Project.
The TRP based its recommendation on the Best Value Procurement Evaluation Criteria, and
made a recommendation to award a construction Contract to Horizon Contractors, Inc., for
the construction of the Project. This item was discussed during the December 1, 2008,
CIPOC meeting, where members recommended the award of the project to Horizon
Contractors, Inc. On December 10, 2008, the City Commission approved the award of the
construction Contract to Horizon Contractors, Inc.
In anticipation of the start of the construction, CIP staff and the City's Program Manager,
Hazen and Sawyer, reviewed the Wolfberg Alvarez and Partners (WA) Agreement dated
September 25, 2002. The team concluded that the remaining sixty thousand and forty-eight
($60,048) dollars fee remaining in the current WA Agreement to perform Task 4, the
Construction Administration (CA) services on the Project, is inadequate to perform these
services over an eighteen (18) month period. As addressed in the Agreement, this fee was
primarily for limited office staff support during the construction phase.
The WA Agreement was executed in 2002, and was intended to be a two (2) year
Agreement. In accordance with Article 7.4.2 of the Agreement, the City chose to adjust the
contractual hourly rates in light of the extended Contract duration. WA in good faith
continued the work on the South Pointe RDA Phase II Project, despite numerous delays,
including the City's decision to re-bid the Project.
The Construction Administration services provide support of the construction activities, by
the design Engineer of Record (EOR). These services include, but are not limited to,
providing interpretation and/or clarification of the Contract Documents as necessary to
ensure that the design intent is being met; assisting in determining the validity of change
requests to contract cost, and or time; reviewing for compliance and approval of materials
and/or equipment shop drawings submitted by the contractor; visiting the site as necessary
for observation and inspection of the installation of critical project elements; review and
approval of contractor payment requisitions.
ANALYSIS
The Administration has also determined that with Projects of this magnitude and complexity
it will be necessary to have a qualified, full time Resident Project Representative (RPR) to
provide daily quality field observation to verify that critical elements of the construction
project are being complied with, and that the general intent of the Contract Documents are
being met. The City has negotiated with WA, for the services of a full time RPR in order to
provide adequate oversight for this Project during the eighteen (18) month construction
duration. RPR services are not currently included in the WA agreement.
City Commission Memorandum -SOUTH POINTE PHASE ll CONSTRUCTION CONTRACT
February 25, 2009
Page 4 of 6
Previous Decisions Regarding Resident Proiect Representative Services
From 2001 through 2006, RPR services on the City's ROW projects were generally provided
forwithin the Hazen and Sawyer Professional Services Agreement. Subsequently, on March
1, 2006, the City Commission approved an Amendment to the Professional Services
Agreement with Hazen and Sawyer, for program management services of the City's Right-of-
Way (ROW) Projects. Under this Amendment, seventy three thousand, one hundred and
twelve (73,112) man hours of Resident Project Representative (RPR) services were deleted
from Hazen and Sawyer, P.C. Agreement, with the deleted services to be added to the
Architectural/Engineering (A/E) Firm(s) which are designing the public ROW Project(s).
Therefore, RPR services were added to the Wolfberg Alvarez scope of services. RPR
services will be added to future Neighborhood ROW projects.
Resident Proiect Representative (RPR)
WA's RPR shall be on-site at all times when the contractor is on the site performing work.
The Consultant's level of effort is based on the assumption that the RPR shall monitor all
Contractor work crews as specified by the Consultant in the Contract Documents. The RPR
services will include, but not be limited to, observing the construction and determining if the
Construction Documents are being adhered to; maintaining daily logs of the job conditions;
monitoring independent testing laboratories; providing photo documentation of the site prior
to, during, and at the close-out of the construction; reviewing materials and workmanship for
acceptability; verifying quantities of work installed in the field for reviewing contractor
payment requisitions; monitoring as-built documentation; working with project team to
address Requests for Information (RFIs), Contract Document Clarification (CDCs), Change
Orders (COs) and Field Orders.
The following is a general summary of the RPR's duties (a detailed Scope of work is herein
attached as Amendment No. 8):
• Conduct on-site observations of the work in progress to assist in determining if the
provisions of the Contract Documents and permit conditions are being fulfilled and to
reasonably protect the City against defects and deficiencies in the work of the
Contractor.
• Conduct on-site observations of the work in progress to determine if the contract
documents and permit requirements are being complied with.
• Maintain a daily log of work performed. The daily notes shall include records of when
the Contractor is on the job-site, weather conditions, change orders, or changed
conditions, list of job site visitors, daily drilling and testing activities, record, in writing,
the outcome of tests and inspections.
• Verify that tests, equipment and systems start-up are conducted in the presence of
appropriate personnel and that the Contractor maintains adequate records thereof;
and observe, record, and report appropriate details relative to the test procedures
and start-up.
• Provide a photographic record of the construction, beginning with pre-construction
documentation and completing with post-construction photographs.
• Review materials and workmanship of the project and report to City, any deviations
from the Contract Documents.
• Check Contractors' material certifications and samples, verifying that delivered
materials match approved shop drawings.
• Field observes the critical stages of work in the construction process.
• Direct and supervise the sampling and testing of materials to be performed by
independent testing laboratories under subcontract to the City.
• Verify and sign off on all pay requisition quantities in the field.
• Monitor that record drawing mark-ups are properly maintained by the Contractor.
• Perform independent reviews of any Change Orders and provide a written opinion as
City Commission Memorandum -SOUTH PO/NTE PHASE 11 CONSTRUCTION CONTRACT
February 25, 2009
Page 5 of 6
to the merit /value of such items to the City.
• The RPR shall be qualified, have adequate understanding of the Project, and be
able to authorize, when there is no material deviation from the Contract Documents;
and to address, process, evaluate, recommend, respond to, review and issue RFIs,
CDCs, COs, Requests for Proposals (RFPs), Field Orders, and other such Project
contractual related correspondence. In this effort, office support may be provided on
an as-needed basis.
The original fee requested by WA on July 3, 2008, for the RPR, services was $405,600,
which represents approximately five percent (5%) of the construction budget. After several
negotiation meetings, in January 2009, CIP staff along with the City Manager's special
assistant negotiated the fee down to $289,224, which represents three percent (3%) of the
construction budget. A detailed breakdown of the fee is included herein (see attachment 1).
Additional Construction Administration Services:
Construction Administration
WA's present fee allocation for the Project was expanded to include the additional hours
required for attending and participating in the Pre-construction conferences, community
meeting(s), weekly construction progress meetings, reviewing and responding to RFIs,
CDCs, review of change requests to contract cost, and or time, reviewing and processing of
shop drawings, performing specialty site inspection and reporting services, participating in
the project close out process, including preparing project record drawings and certifying that
the Project was constructed in accordance with the Construction Documents.
Proiect Closeout
This task shall include an overview of the project and the work in place. The Consultant will
be responsible for developing a "punch list" of items needing completion or correction, prior
to consideration of final acceptance. Based on successful completion of all outstanding
work items by the Contractor, the Consultant shall assist City in closing out the construction
contract. The Consultant shall also coordinate with the Contractor as necessary to transfer
record drawing markups, and update the corresponding CAD files for record purposes and
to certify the Project as complete, in accordance with all applicable jurisdictional permitting
requirements.
The Consultant shall also coordinate with the Contractor as necessary to transfer record
drawing markups, and update the corresponding CAD files for record purposes and to certify
the Project as complete, in accordance with all applicable jurisdictional permitting
requirements. The fee being requested by WA for the Project Closeout Services is included
as part of the Construction Administration (CA) Services. A detailed breakdown of the fee is
included herein (see attachment 1).
The original fee requested by WA in June 2008, for Construction Administration services
was $386,000, which represents approximately four and one half percent (4.5%) of the
construction budget. After several negotiated meetings, July 2008, CIP staff along with the
City Manager's special assistant negotiated the fee down to $133,434, which represents
approximately two percent (2%) of the construction budget. A detailed breakdown of the fee
is included herein (see attachment 1).
Revisions to the water main desian due to subsurface exploration findings
(Attachment B)
During the design process, it was determined that additional subsurface exploration was
necessary, to design the water main infrastructure in a mannerthatwould minimize potential
conflict with existing utilities. This data obtained from the additional subsurface exploration,
City Commission Memorandum -SOUTH POINTS PHASE ^ CONSTRUCTION CONTRACT
February 25, 2009
Page 6 of 6
revealed that adjustments in the elevation of the water mains in some locations had to be
made. The fee negotiated by the City, and accepted by WA for this additional effort is
$29,800.
Reimbursables (Attachment C)
The City has implemented new project tracking software, (E-Builder) which will require all its
Consultants, their sub-consultants, and Contractors to utilize. The fee for each of the
required licenses, which is renewable on an annual basis, is required during the construction
phase of this project ($10,000). In addition, WA has had to utilize additional printing,
reproduction, and courier services for extensive permitting, bidding and re-bidding of this
Project ($8,000). These additional reimbursable services will also be required during the
eighteen (18) month construction duration, for document reproduction, and other qualified
reimbursable expenses ($22,000). Any amounts remaining in the Reimbursable account will
be credited to the City. The estimated reimbursable allowance for the required four (4) E-
Builderlicenses, printing, travel and subsistence, incidental survey and testing, is $40,000.
The final fee negotiated by the City, and accepted by WA, in January 2009, for both RPR
and Construction Administration services is 422 658 which represents five percent (5%) of
the construction budget, and is below the industry standard for projects of this size and
complexity. In the event that the construction duration is extended beyond eighteen (18)
months, WA will be compensated accordingly, and in the event that the Project is completed
ahead of schedule, the appropriate fee will be credited to the City.
The total Not-to-Exceed, additional Design, Construction Administration, RPR, and
Reimbursable Additional services fee being requested at this time is $492,458.
During the Capital Improvement Oversight Committee (CIPOC) meeting of February 2, 2009,
City staff provided detailed information on the required Construction Administration and RPR
services on the Project. A detailed summary of the function of the RPR, including the
negotiation process to arrive at the professional services fee was discussed. The CIPOC
requested a special condition that the City measure and monitor the services of the RPR,
and have the option to terminate these services at any time during the construction that it
deems necessary. Staff confirmed that language to that effect is contained in the existing
Agreement. The Committee recognized the need for these services, and voted to
recommend to the City Commission, the Amendment No. 8 to the Wolfberg Alvarez
Agreement.
CONCLUSION:
The Administration hereby recommends that the Mayor and City Commission adopt the
Resolution approving and authorizing the Mayor and City Clerk to execute Amendment No.8
to the Agreement between the City and Wolfberg Alvarez and Partners, dated September
25, 2002, in the amount of $422,658 for Resident Project Representative (RPR) and
Supplemental Construction Administration services; $29,800 for additional Design Services;
and $40,000 for Reimbursable Expenses; for a total not-to-exceed sum of $492,458, forthe
South Pointe RDA Phase II Neighborhood 12C Right-of--Way Infrastructure Improvements
Project.
Attachments
1. Wolfberg Alvarez- BP 12- Extended CA &RPR Services Revised 01-16-19.x1s
JMG/TH/FHB/JC/CDV
T:WGENDA\2009\February 25\Consent\WOLFBERG ALVAREZ RPR, CONSTRUCTION ADMIN & ADDITL SERVICE MEM01.doc
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