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2013-28202 Reso RESOLUTION NO. 2013-28202 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. 2 TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND SCHWEBKE-SHISKIN & ASSOCIATES, INC. FOR ADDITIONAL RESIDENT PROJECT REPRESENTATIVE AND SUPPLEMENTAL CONSTRUCTION ADMINISTRATION SERVICES, FOR THE VENETIAN ISLANDS BID PACKAGE 13C RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT; SAID AMENDMENT IN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $349,957; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE CAPITAL BUDGET FROM THE FOLLOWING FUNDS: $181,492 FROM FUND 384 — 2003 GO BONDS — NEIGHBORHOOD IMPROVEMENTS; $100,491 FROM FUND 427 — STORMWATER ENTERPRISE FUND; AND $67,974 FROM FUND 420 — W&S GBL SERIES 2010. WHEREAS, on September 9, 2009, the City Commission approving (the Agreement) pursuant to Request for Qualifications (RFQ) No. 42-08/09 and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Schwebke-Shiskin & Associates, Inc. (SS&A) to provide professional services for the design, bid, award, and construction administration of the Venetian Islands Bid Package 13c, Right-Of-Way Neighborhood Improvement Project (the Project); and WHEREAS, the original Agreement estimated one Resident Project Representative (RPR) for a period of 18 hours per week for the duration of the Project; and WHEREAS, due to the size and complexity of the Project, the City has determined that supplemental RPR services will be required; and WHEREAS, Amendment No. 2 to the Agreement, in the amount of $349,957, will provide additional on-site RPR services to monitor the construction and supplemental construction administration services for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida, hereby authorize the Mayor and City Clerk to execute Amendment 2. to the Professional Services Agreement for Schwebke-Shiskin & Associates, Inc. for and Additional Resident Project Representative and supplemental Construction Administration services, for the Venetian Islands Bid Package 13C Right-Of-Way Neighborhood Improvement Project; said amendment in the negotiated not to exceed amount of $349,957; with previously appropriated funding in the Capital Budget from the following funds: $181,492 from fund 384 — 2003 GO bonds — neighborhood improvements; $100,491 from fund 427 — Stormwater Enterprise Fund; and $67,974 from Fund 420 — W&S GBL Series 2010. PASSED AND ADOPTED T DAY OF lln-lf 2013. ATTEST: = - APPROVED AS TO it C iNCORP OWED: FORM & LANGUAGE &FOR ELUTION CpfY CLERK TT.- Y R T:IAGENDA120131May 81VENETIAN ISLANDSWenetian Islands-SS&A Amendment 2 me Date a013- d(,y 2o2 AMENDMENT NO. 2 TO THE PROFESSIONAL ARCHITECTURE AND ENGINEERING (A/E) SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND SCHWEBKE-SHISKIN &ASSOCIATES, DATED DECEMBER 18, 2009 IN AN AMOUNT NOT-TO-EXCEED $349,957 TO PROVIDE ADDITIONAL RESIDENT PROJECT REPRESENTATIVE AND SUPPLEMENTAL CONSTRUCTION ADMINISTRATION SERVICES FOR THE VENETIAN ISLANDS BID PACKAGE 13C RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT This Amendment No. 2 to the Agreement made and entered this Nday of 111y4 2013, by and between the CITY OF MIAMI BEACH, a municipal corporation existing u der the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139(hereinafter referred to as CITY), and Schwebke-Shiskin&Associates, Inc., having its offices at 3240 Corporate Way, Miramar, Florida 33025 (hereinafter referred to as CONSULTANT). RECITALS WHEREAS, pursuant to Request for Qualifications (RFQ) No. 42-08/09, the Mayor and City Commission adopted Resolution No. 2009-27161, on September 9. 2009, approving and authorizing the Mayor and City Clerk to execute an Agreement (the Agreement) with the Consultant. for Professional Services for the Venetian Islands Bid Package 13c Right-of-Way Neighborhood Improvement Project(the Project); and WHEREAS,the Agreement was executed for a not-to-exceed amount of$530,160, plus an additional amount of$55,000 for approved reimbursable; and WHEREAS, the scope of the Venetian Islands Bid Package 13C Right-of-Way Neighborhood Improvement Project is comprised of improvements to San Marino, DiLido and Rivo Alto Islands. The scope of services provides for the re-design of the Project to include additional stormwater infrastructure, additional potable water system infrastructure and additional streetscape/ hardscape improvements; and WHEREAS, on May 2010, the Capital Improvement Projects (CIP) Office approved Amendment No. 1 to the Agreement,for a not-to-exceed amount of$9,900,for additional services to provide topographic survey of the seawalls adjacent to existing outfalls scheduled for rehabilitated; and WHEREAS,this amendment No. 2, in the not-to-exceed amount of$349,957 is to provide additional resident project representative and supplemental construction administration services (see Schedule B-2 Attached); and WHEREAS, City staff have evaluated the Consultant's cost proposal and find that the proposal is reasonable; and WHEREAS,Amendment No: 2 to the Agreement will revise the total contract sum to a not- to-exceed total of$945,517. NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises, covenants, agreements, terms, and conditions herein contained, and other good and valuable consideration, the respect and adequacy are hereby acknowledged, do agree as follows: 1. ABOVE RECITALS The above recitals are true and correct and are incorporated as a part of this Amendment No. 2. 2. MODIFICATIONS The Agreement is amended to incorporate Schedule "A - 2", attached hereto. 3. OTHER PROVISIONS All other provisions of the Agreement, as amended, are unchanged. 4. RATIFICATION The City and Consultant ratify the terms of the Agreement, as amended by this Amendment No. 2. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed in their names by their duly authorized officials as of the date first set forth above. ATTEST: CITY OF MIAMI BEACH, FLORIDA Raf el Granado, City Jerk ttie Herrera Bower, Playor 1 �S ti INCORP GRATED: ATTEST: 2�' �. :' CONSULTANT: 'SCHWEBKE-SHISKIN & ASSOCIATES, INC ecretary President /V fa 14 6t ..i' 0 L. %L r--C�o Print Name Print Name APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION DG'e Schedule "A-2" (attached) SCHEDULE A-2 SCOPE OF SERVICES Task 4 — Supplemental Resident Project Representative (RPR) and Construction Administration (CA) Services for the Venetian Islands Bid Package 13C Right of Way Improvement Project: TASK 4 - CONSTRUCTION ADMINISTRATION SERVICES will be amended to provide supplemental CA services which will include weekly progress meeting for a total of 61 meeting. The amended RPR services will include supplemental hours for the full time Senior Construction Inspector for a total of forty (40) hours per week and supplemental hours for a Construction Inspector for a total of twenty (20) hours per week with responsibilities as outlined herein: 4.2 Weekly Construction Progress Meetings: The Consultant shall attend, participate and take a lead role in weekly construction project meetings with the City and the Contractor of the Project. These meetings will serve as forums to review the status of construction progress, discuss construction issues, discuss schedule and/or cost concerns, discuss potential changes or conflicts, review the status of shop drawing submittals and Construction Document clarifications and interpretations, and to resolve problems before they become critical. Consultant shall prepare weekly meeting minutes and distribute to all meeting attendees, review the two week look ahead provided by the Contractor and provide comments or objections to written statements within the specified timeframe. The Consultant will prepare detailed weekly reports that describe the construction activities, progress, incidents and issues that have occurred on the construction site and distribute to the attendees in advance of the weekly construction progress meetings. The services amended herein will supplement the meetings included in the agreement approved by Resolution No. 2009-27161 to provide services for sixty-one (61) weekly progress meetings. 4.3 Requests for Information/Construction Document Clarification (RFIs/CDCs): When RFI's and CDCs involve design issue interpretations, the Consultant will coordinate with the EOR, as needed, to resolve the Contractor's Requests for information, Construction Document Clarifications, Field Orders, and other related correspondence. The Consultant will be also be responsible for ensuring the FOR provides a written response to RFIs and CDCs in a timely manner for processing, logging and distributing all RFIs/CDCs. Consultant will upload all RFI and CDC responses to the City's E-Builder Tm document management system. 4.4 Change Orders: Consultant shall perform an independent review of any Change Orders submitted by the Contractor and provide a written statement noting recommendation for approval or denial of the Change Order to the City. If recommended for approval, the Consultant will note if the requested cost and schedule impacts are fair and reasonable. The Consultant will be responsible for maintaining a Change Order log and uploading approved Change Orders to the City's E-Builder TA° document management system. The Consultant shall also participate in change request review meetings with City and Contractor to resolve and/or negotiate resolution of request. The Consultant will review and familiarize themselves with the construction schedule, monitor the progress of construction, and ensure the Contractor's adherence to the schedule. The Contractor will be required to submit a detailed schedule to the Consultant at the pre-construction meeting. This schedule will be reviewed and approved by the Consultant and the City. This schedule will be updated on a biweekly basis by the Contractor; however, the Consultant will be responsible for reviewing the contactor's schedule to confirm accuracy of the work activities completed. Analysis of the Contractor schedule will be on the basis of planned versus actual costs for the month and construction contract to date. 1of6 3/29/2013 Consultant shall verify that the Contractor is uploading approved schedule and schedule updates to the City's E-Builder TA° document management system. 4.6 Resident Project Representative: The Consultant will communicate daily or periodically with the City and Contractor, as needed. They will report on concerns as it relates to the construction effort and activities. In addition, the Consultant shall also coordinate with the Contractor's Public Information Officer where notifications such as utility outages, road closures, etc. may be required. The Consultant will monitor and verify that the Contractor has made the required notifications to the utility owners, residents and businesses as may be required. (a) Field Inspections: The Consultant shall conduct field inspections on a daily basis throughout the duration of construction. In accordance to the agreement approved by Resolution No. 2009-27161, Consultant shall provide a supplemental hours for the full time Senior Construction Inspector for a total of forty (40) hours per week and a supplemental inspector for a total twenty hours (20) hours per week for a project duration of fourteen (14) months. These Consultant services are limited to not more than fourteen (14) months (426 calendar days) in duration. The Consultant shall be present at the construction site daily during the construction phase of the project and will be expected to be available as needed, throughout the Contractor's 8-hour work day, 40-hour work week, excluding weekends and City holidays. Any work outside the specified work period will be invoiced to the City on a time and materials basis per the rates in Schedule C. The Consultant's on-site typical workday shall begin at or about 8:00 AM and end at or about 5:00 PM for a total of 8 hours per day or 40 hours per week. Scope does not account for working on City holidays, weekends, nor more than 40-hours per week. Field inspections shall be provided jointly by the City and the Consultant. To supplement those services provided by the Consultant, the City will provide one (1) part-time construction inspectors for the duration of the Project. The role of the City's construction inspectors shall be limited. The Consultant shall be present at the construction site daily during the construction phase of the Project and will be expected to be available, as needed, throughout the Contractor's work day. (b) Adherence to Construction Documents: The Consultant shall review materials and workmanship of the projects and report to the City any deviations from the Construction Documents that may come to the Consultant's attention. Consultant shall determine the acceptability of the work and materials and make recommendations to the City to reject items not meeting the requirements of the Construction Documents. (c) Daily Reports: The Consultant will prepare daily reports, on the same date as construction occurs, to record the daily performance of the Contractor as well as other significant construction related matters. Daily reports shall be uploaded to the City's E-Builder document management system by the Consultant. At the end of each week, the Consultant will forward the original daily reports to the City for review. The Consultant will maintain and file paper copies of the daily reports onsite for reference. The daily reports shall include records of when the Contractor is on the job-site, detailed field observations that will provide unit quantities fo materials installed and/or removed from site, weather conditions, change orders, changed conditions, list of job site visitors, daily drilling and testing activities, testing results, testing observations, and records of the outcome of tests and inspections. At a minimum the daily reports will contain the following information: 2of6 3/29/2013 • Weather and general site conditions • Contractor's work force counts by category and hours worked • Description of Work performed including location • Equipment utilized • Names of visitors to the jobsite and reason for the visit • Tests made and results • Construction difficulties encountered and remedial measures taken • Significant delays encountered and apparent reasons why • Description of(potential) disputes between the Contractor and City • Description of(potential) disputes between the Contractor and residents • Summary of additional directions that may have been given to the Contractor • Detailed record of materials, equipment and labor used in connection with extra work, or where there is reason to suspect that a claim or request for Change Order may be submitted by the Contractor • Summary of any substantive discussions held with the Contractor and/or City • Summary of nonconforming work referenced to corresponding Non-Compliance Notice • A log of photographs taken (d) Equipment Tests and Systems Start-up: Consultant shall be responsible for coordinating various tests for quality control on the projects; verifying that equipment tests and systems start-up are conducted in the presence of appropriate personnel; and that the Contractor is maintaining adequate records thereof. Consultant shall observe, record, and report appropriate details relative to the test procedures and startup. (e) Photographic Record: Consultant shall provide a photographic record of the overall progress of construction, beginning with preconstruction documentation, following with on- going construction documentation, and ending with post-construction documentation. Photographs shall be digital snapshot type taken to define the progress of the project and shall be filed electronically by month in the City's E-Builder Tm document management system, labeled by date, time and location. The Consultant will upload all photos to the E- BuilderTm document management system on a weekly basis. (f) Workmanship: Review materials and workmanship of the Project and report to CITY any deviations from the contract documents that may come to the CONSULTANT's attention. Determine the acceptability of the Work and materials and make recommendation to the CITY to reject items not meeting the requirements of the contract documents. (g) Delivery of Unaccepted Materials to Jobsite: As new materials are delivered to the jobsite, the Consultant will check the material's certifications and samples and verify that an approved shop drawing was submitted for the material in question. If it is determined that a submittal has not been approved, the Consultant shall immediately notify the City and issue a Non-Compliance Notice. The Consultant will direct and supervise the sampling and testing of materials to be performed by the City's independent testing laboratory. The Consultant shall maintain test report logs which shall be submitted to the City for review on a monthly basis and uploaded to the City's E-Builder Tm document management system on a weekly basis. Consultant shall also review invoices submitted by the independent testing laboratories and confirm tasks and test reports and invoices prior to recommendation for payment by the City. (h) Construction Process: Field observe critical points in the construction process. 3of6 3/29/2013 (i) Testing: Direct and supervise the sampling and testing of materials to be performed by independent testing laboratories under subcontract to the CITY. This task includes the receipt, review and processing of invoices from the independent testing laboratories for payment by the CITY. (j) Pay Requisitions: Consultant shall verify Contractor's pay requisition quantities and sign-off on all pay requisition quantities in the field. Consultant shall be responsible for reviewing with the Contractor the monthly payment requisition to confirm the status of completed and uncompleted work and stored materials. The Consultant shall advise the City of quantities being approved for subsequent concurrence for payment purposes. Payment Requisitions shall only be approved by the City. (k) Record Drawings: Consultant will monitor that record drawing mark-ups are properly maintained by the Contractor. At a minimum, the Consultant will review the record drawing mark-ups once a month, or more often, as deemed necessary. Contractor's failure to maintain the record drawings in up-to-date condition may be deemed grounds for withholding Contractor's monthly payment requisitions until such time as the record drawings are brought up-to-date. The Consultant will notify the City if it considers the mark- up documents insufficient. The City will make final determination of payment withholding. (1) Issuance of Non-compliance Notices: The Consultant will be responsible for notifying the . City when they become aware of a condition that is believed to be in non-compliance with Construction Documents. Anytime the Consultant notices a potential construction problem or a condition that could result in noncomplying materials, equipment or workmanship, the Consultant will need to determine whether the condition poses an immediate threat to public health or safety. If a condition does not pose a threat to public health or safety, immediate verbal notification or "Pre-Noncompliance Notice" of the potential noncompliance should be made to the Contractor and the City. This verbal notice shall be documented in the Consultant's daily report and shall advise the Contractor of potential construction problems, errors, or deficiencies that can be promptly resolved and do not warrant a Non-compliance Notice. If the Contractor fails to respond to the verbal notification within a reasonable timeframe, the Consultant will notify the City and the City's Projects Coordinator will issue a Non-compliance Notice. If a condition poses an immediate threat to public health or safety, the Consultant will notify the Contractor and City immediately and the City's Projects Coordinator will issue a Non-compliance Notice to the Contractor. Non-compliance Notices will include a description of the Work that does not meet the construction contract requirements, along with a required timetable for corrective work to be implemented by the Contractor. Other items that should be included in the Notice include a reference to the provision of the Construction Documents that has been violated. (m)Value Engineering Meetings: The Consultant will be expected to attend, participate, and provide cost estimating information at Value Engineering meetings with between the City and the Contractor for the Project. (n) Resident's Information Meetings: The Consultant will be expected to attend, address residents' concerns, participate, produce meeting minutes, and take a lead role in Resident Information Meetings with the City for the Project. 4of6 3/29/2013 (o) Specialty Design Consultant Site Visits: The Consultant will monitor the number of specialty site visits requested by the Contractor or City and conducted by the Engineer of Record (EOR). When it becomes evident that a specialty site visit from the FOR will be required, the Consultant will notify the FOR to discuss and schedule a mutually acceptable time for meeting at the construction site. (p) Damage to Existing Facilities: The Consultant will identify any existing facilities damaged by the Contractor and verify that the Contractor has notified the respective owner(s). Include record of such occurrences in the daily reports. (q) Safety: Consultants will be expected to recognize a hazard that any reasonable non-safety professional might be expected to recognize. In addition, those safety obligations extend only to recognizable hazards that the Consultant may note while in the normal conduct of onsite business. If a situation presents itself, the following procedures should be followed: • Immediately direct personnel to remove themselves from the apparent danger, • Notify the Contractor's superintendent of the apparent condition that caused the concern and that the affected personnel were directed to remove themselves accordingly, • Notify the Contractor of the situation that arises concern, both in writing and verbally, • Issue a written Notice of Noncompliance stating that the Contractor should take immediate action as it deems necessary to correct the deficiency/condition. • Take photographs of the concern, • If the Contractor does not make corrections, the Consultant should notify the City, • The Consultant will review the situation with the City for further direction, • The condition, as well as all conversations and correspondence, will be recorded in the Consultant's Daily Report. • In the case of a construction-related accident, Consultant will notify the City of the accident. Consultant will direct the Contractor to prepare an accident report with a copy forwarded to the City. (r) Quality Control: The Consultant will review and monitor the Contractor's adherence to an acceptable quality control program submitted by the Contractor prior to the issuance of the second Notice-to-Proceed by the City. This program will describe the Contactor's quality control, organizational procedures, documentation controls and processes for each phase of the work. Quality control during construction will be the responsibility of the Contractor; however, oversight and ensuring the Contractor complies with applicable jurisdictional construction standards will be enforced on the City's behalf by the Consultant. (s) Proceeding with Disputed Work: In the event that an agreement cannot be reached on a Change Order, the Contractor must carry on the work and adhere to the project schedule in accordance with the construction contract general conditions. The Consultant will log all forced work efforts related to disputed change order on a Forced Work Daily Log Reports which will be signed and dated by the Consultant and the Contractor's representative at the completion of each workday. The Consultant will forward copies of this form to the City for record purposes. (t) Maintenance of Traffic (MOT): The Contractor shall provide the Consultant and the City with approved copies of its MOT at the Pre-Construction Meeting for general information purposes. It will be the Consultant's responsibility to verify compliance with the MOT in the field. 5of6 3/29/2013 (u) Contractor Request for Services: When the Contractor requires services from the City for issues such as water main shutdowns, tie-ins to existing water mains, special regulatory inspections, etc., a request shall be made in writing by the Contractor, and forwarded by the Consultant to the City, a minimum of three working days prior to when required. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless memorialized in written document approval and executed with the same formality and of equal dignity herewith. 6of6 3/29/2013 SCHEUDLE B CONSULTANT COMPENSATION Supplemental Construction Administration and Resident Project Representative Services* $349,957.00 Note*: The Supplemental Construction Administration and Resident Project Representative Services shall be invoiced in fifteen(15)equal amounts of$23,330.47,for a duration of fifteen(15)consecutive months. In the event that Supplemental Construction Administration or Resident Project Representative services are required to be extended additional fees will be negotiated prior to proceeding with additional services. Schedule "B-2" (attached) SCHEUDLE B CONSULTANT COMPENSATION Supplemental Construction Administration and Resident Project Representative Services* $349,957.00 Note*: The Supplemental Construction Administration and Resident Project Representative Services shall be invoiced in fifteen (15) equal amounts of$23,330.47,for a duration of fifteen (15)consecutive months. In the event that Supplemental Construction Administration or Resident Project Representative services are required to be extended additional fees will be negotiated prior to proceeding with additional services. I e�ehuTElJl2E-eSl2i l2%�z ��s oeiaEE�, rte. Mark S.Johnson,P.S.M. Land Surveyors-Engineers-Land Planners Alfonso C.Tello,P.E.,P.S.M. Ronald A.Fritz,P.S.M. Hernando J.Navas,P.E. Michael J.Alley,P.S.M. 3240 Corporate Way• Miramar, Florida 33025 Luis F.Leon,P.E. Phone: (954)435-7010•Fax: (954)438-3288 Alberto A.Mora,P.E. John C.Tello,P.E. C") _ July 03, 2012 -Revised.April 24, 2013 .E � -°o <:.� Mr. Roberto Rodriguez r�tt, s c�,' —0 .. City of Miami Beach No<� � Capital Improvement Projects Office -<aj w 1701 Meridian Avenue, Suite 300 rn Miami Beach, Florida 33139 U1 Re: Venetian Island Neighborhood 13 BID Package "C"—Additional Resident Project Representative and Construction Administration Services Dear Roberto, As requested,please accept the following proposal for additional Resident Project Representative(RPR) and Construction Administration Services for the Venetian Islands Infrastructure Improvements project. We have reviewed our previous contract with the City of Miami Beach and find that we can mutually benefit the City and its residents by utilizing our services to streamline the construction process needed to maintain the aggressive construction schedule for this project. In addition, we believe it is critical to the project that the city retains our additional services as RPR in consideration of our extensive knowledge of all aspects of the project. The following proposal modifies our current contract with the City to provide limited Construction Administration and Resident Project Representative Services for the referenced project. SCOPE OF SERVICES: Our understanding of the scope of work for this project is to provide Resident Project Representative and Construction Administration services that shall include all tasks previously included under the original contract with the exception that the following proposal is provided to include at least one full time Senior Construction Inspector and a supplemental Construction Inspector for an additional 6 hours per week for the duration of the project(14 months). Our scope will also include additional services required to respond to all requested changes in construction cost and/or schedules, requests for additional information and contract document clarification. We have no reason to believe at this time that the project duration will extend beyond the established construction duration. However, should additional Resident Project Representative and Construction Administration Services be required through no fault of our own our additional fees will be negotiated prior to proceeding with additional services. Our fee for this work will be Three Hundred Forty-Nine Thousand Nine Hundred Fifty Sever:Dollars ($349,957.00). k:\325342\vi-sin-di-m\documents\outgoing\roberto rodriguez-venetian islands additional services rpr rev4.doc Mr. Roberto Rodriguez April 24, 2013 Page 2 of 3 CLOSURE: Lump Sum Fee- Lump Sum Fees are fixed for a period of three months from the date of this proposal. If the work has not been initiated on any lump sum item within the three month period, Consultant reserves the right to terminate or renegotiate this agreement as it relates to said item. All Lump Sum fees are based upon services being performed during regular business hours. Any services requested by the client to be performed outside of regular business hours will carry a surcharge of 0.50 times the hourly rate of the employee(s)performing said service. Invoicing and Payment-Work will be invoiced monthly based upon a proration of work completed to date, with payment expected upon receipt of the invoice by the client. If payment is not received within 30 days of the invoice date, a late charge may be added to the invoice in an amount not to exceed I%per month on the outstanding balance. If payment is not received within 45 days of the invoice date, Schwebke-Shiskin& Associates, Inc., may suspend or terminate this agreement until payments have been made in full. If Schwebke-Shiskin& Associates, Inc., commences legal proceedings to collect any monies due under this agreement, then the Client agrees to pay any costs or attorneys fees incurred by Schwebke-Shiskin&Associates, Inc., in connection with such legal proceedings, including such as are incurred in any appellate proceedings. Reproduction and Outside Service Fees -Unless otherwise specified,the above service fees do not include the cost of printing, postage, copies, long distance phone calls, facsimiles or reproductions, nor do they include the cost for outside services by others. These fees are separate charges and will be invoiced to you as direct charges, plus a 10%carrying charge for outside services. Deliveries& Special Handling-Federal Express handling and special orders will be invoiced to the Client as direct charges, plus a 10%carrying charge. Hand deliveries requested by the Client and performed by Schwebke-Shiskin& Associates, Inc., will be invoiced at a rate of$25 per hour. Limitations of Construction Responsibilities of Schwebke-Shiskin & Associates, Inc. The Owner/Developer and Schwebke-Shi skin& Associates, Inc. agree that: 1) Schwebke-Shiskin& Associates, Inc. sole responsibilities to the Owner/Developer are set forth in the SCOPE OF SERVICE section of this agreement and the SCOPE OF SERVICE section may not be modified except in writing and signed by an authorized representative of Schwebke- Shiskin& Associates, Inc. 2) Schwebke-Shiskin& Associates, Inc. shall not be responsible for the means, methods or techniques of construction utilized by any general contractor or subcontractors or independent contractors on the Project, since Schwebke-Shiskin& Associates, Inc. has no right to control the general contractor, subcontractors or independent contractors in the performance of their work. Schwebke-Shi skin& Associates, Inc. also shall not be responsible for establishing or monitoring safety precautions and procedures for the Project or the failure of the general contractor, subcontractors or independent contractors to carry out their work in accordance with their contract documents or any applicable building codes or governmental requirements. 3) Schwebke-Shiskin& Associates, Inc. has no duty to supervise the day to day construction work of the general contractor, subcontractors or independent contractors and assume no responsibility I CJ2LUENE-dksk12&Og110datF-1'—anc. k:\325342\vi-sin-di-m\documents\outgoing\roberto rodriguez-venetian islands additional services ipr rev4.doc Mr. Roberto Rodriguez April 24, 2013 Page 3 of 3 for any negligent acts or omissions of the general contractor, subcontractors or independent contractors. Project Termination- Should at any time during the project the Client find it necessary to discontinue the services described above, or if the parties mutually decide to terminate this agreement, the Client will compensate Schwebke-Shiskin& Associates, Inc., on an hourly basis for the percentage of work completed plus reimbursable expenses. I would like to thank you for giving us the opportunity to offer you this proposal. If this proposal is acceptable to you, please execute the original and return it to our office, so we can proceed with the work. Respectfully submitted, ��JJ dG'h(ATE1TkE-dhC1k%!2 Ogb3OL�Cq�Ei�Jnc. ms`s r7LLrj ect ui F. Le n, P.E. Po Ma ager Accepted For: City of Miami Beach Accepted By: (Signature) (Title) (Print Name) (Date) �ChG1TEl7/tE-�/LLSkUZ��110QI,Q�Ei�J12G�. k:\325342\vi-sin-di-ta\documents\outgoing\roberto rodriguez-venetian islands additional services rpr rev4.doc N �ti N�f'l N Of €� N�N Oi qqp N 1+1 Q Q I r p W o (� 0 S > - d' ��� M I w chi cD ryj O W U Q U [. U H F» Cl) w ~J Z ~ U) LLQ U) C Q Z G Q O O z t 0 LU l Nao o i o u4 u°3 (D Z m Z U E' O V O w n Q In w Q J a W = Z N N N w W LO) ! '' Q U m� L Z V) W W LL w LL 2 N W LL a z 0 0 Q � Z r- m W d _O _NW n W °o 0 U z m 0 U � U Z a I .- m W W W z CL w L) LL O U) O O W N N 0 (OVA ix z a)Z I�' N m W H w w D Z — r W J Q 0 � N a Q z O Z O W N W I 7 O N OU WV 0 O _ U D �? m D I a l i m E U c d M � c W ° s 0 CL CL a;- m U o;_L o N W = O Z m m m' J O 3 "!-m cc �I 0 0 E I CL Z V U d W 0IE �':0 m Z O Q G W C. O` W Z l o �f d O t2 ,�0;l0 �I O co ix r.4 6 C'U d 0 7 N ' O N I,.O O _O CL 4' N 7 U Z UI O Q N J Ia- OU 20' 20' 20' 2 7 r N iL _ Q Q 0 R V V ~Z I COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach,Florida,Authorizing The Mayor And City Clerk To Execute Amendment 2 To The Professional Services Agreement For Schwebke-Shiskin&Associates,Inc.For Additional Resident Project Representative And Supplemental Construction Administration Services,For The Venetian Islands Bid Package 13C Right-Of-Way Neighborhood Improvement Project;In The Negotiated Not To Exceed Amount Of$349,957;With Previously Appropriated Funding In The Capital Budget From The Following Funds:$181,492 From Fund 384-2003 GO Bonds-Neighborhood Improvements;$100,491 From Fund 427-Stormwater Enterprise Fund; And$67,974 From Fund 420-W&S GBL Series 2010. Key Intended Outcome Supported: Ensure Value and Timely Delivery of Quality Capital Projects, Improve Storm Drainage Citywide, and Maintain City's Infrastructure. Supporting Data(Surveys,Environmental Scan,etc.): The 2012 Customer Satisfaction Survey indicated that over 81%of residents rated recently completed capital improvement projects as"excellent"or"good". Recently completed capital improvement projects(81%), storm drainage(37%), and condition of roads(44%). Item Summa /Recommendation: On September 9, 2009, the City Commission pursuant to Request for Qualifications(RFQ) No. 42-08/09, adopted Resolution No. 2009-27161, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Schwebke-Shiskin &Associates, Inc. (SS&A) to provide professional services for the design, bid, award and construction administration phases of the Venetian Islands Bid Package 13c,Right-Of-Way Neighborhood Improvement Project(the Project). The Administration has determined that additional resources for the aforementioned Construction Administration Services(tasks 4.2 thru 4.4)are warranted due to increase scope to the project that was not contemplated during the original contract.The additional scope added to the project includes full roadway reconstruction,lining of the sanitary sewers,and rehabilitation of existing outfalls.SS&A provided enhancement to the Stormwater design to address the current Public Works Department requirements with modifications to the contribution area which increased the capacity of the system. Although the project contract duration remains unchanged,the negotiated hours for this task did not contemplate weekly progress meetings,therefore,the amended services include weekly progress meeting for sixty-one (61)weeks. Additionally, the original contract under task 4.6 had estimated one(1)Resident Project Representative(RPR)for a period of eighteen (18)hours per week for the duration of the project. Due to the size and complexity of the project infrastructure,the City has determined that supplemental RPR services will be required. A full time RPR is crucial to the success of the project in order to monitor, and enforce the contractor's compliance with the contract. This construction contract is a unit price contract which requires detailed accounting of every material that is delivered/installed and/or removed/hauled away from the site in order to accurately process and certify the monthly pay requisitions. Since the construction schedule for the Venetian Islands is very aggressive and the likelihood that the contractor will be staged in multiple islands at one time,staff has determined that the project also requires a part time assistant RPR to document concurrent work at the various work zones throughout the three(3)islands. Amendment No.2 to the Agreement in the amount of$349,957 will provide additional on-site RPR services to monitor the construction and supplemental construction administration services for the Project.Amendment No.2 will revise the total contract sum to a not to exceed total of$945,517,which is 9.1%of the total construction cost of$10,339,537. The negotiated price submitted by Schwebke-Shiskin&Associates, Inc.for the above services has been reviewed by City staff and found to be fair and reasonable. The Administration recommends approval of the resolution. Advisory Board Recommendation: Financial Amount Account Information: Fu s. 1 . $181,492 384-2127-069357 2003 GO Bonds-Neighborhood Improvements 2 $100,491 427-2127-069357 Stormwater Enterprise Fund 3 $67,974 420-2127-069357 Water&Sewer GBL series 2010 A0VB_P1J I Total $349,957 Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Roberto Rodriguez, Ext. 6122 Sign-Offs: Department D' ctor Assistant City M n g r/ City anager inancial i AA FV JMIM PDW JLM T:\AGEN 013\May 8\VENETIAN ISLANDSNTJenetian Islands-SS&A Amendment 2 SUMMARY . oc AGENDA ITEM® yI A vB G AC H G� �2 1;:07 -1 NAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachf.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and M tubers Ith Cit y Commission FROM: Jimmy L. Morales, City Manager DATE: May 8, 2013 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2, TO THE EXISTING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND SCHWEBKE-SHISKIN & ASSOCIATES, INC. FOR ADDITIONAL RESIDENT PROJECT REPRESENTATIVE AND SUPPLEMENTAL CONSTRUCTION ADMINISTRATION SERVICES, FOR THE VENETIAN ISLANDS BID PACKAGE 13C RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT; IN THE NEGOTIATED NOT- TO-EXCEED AMOUNT OF $349,957; WITH PREVIOUSLY APPROPRIATED FUNDING IN THE CAPITAL BUDGET FROM THE FOLLOWING FUNDS: $181,492 FROM FUND 384 — 2003 GO BONDS — NEIGHBORHOOD IMPROVEMENTS; $100,491 FROM FUND 427 — STORMWATER ENTERPRISE FUND; AND $67,974 FROM FUND 420 — W&S GBL SERIES 2010. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Ensure Value and Timely Delivery of Quality Capital Projects. FUNDING $181,492 384-2127 2003 GO Bonds — Neighborhood Improvements $100,491 427-2127 Stormwater Enterprise Fund 67,974 420-2127 Water& Sewer GBL series 2010 $349,957 Total BACKGROUND At the April 6, 2009 CIP Oversight Committee (CIPOC) meeting, the Venetian Islands Homeowners Association (VIHA) submitted a request for budget and plan modifications to the previously approved Basis of Design Report (BODR). CIPOC recommended that the City Commission amend the BODR (and the current 100% design plans for the Venetian Islands Project) to reflect the suggestions presented by the VIHA and its consultants to utilize the funding already allocated; and to seek supplemental funds for the additional work. At its April 22, 2009 meeting, the City Commission approved the issuance of a new Request for Qualifications (RFQ) for the re-design of the current 100% design plans, as reasonably needed, and given the available construction budget. Current competitive market conditions in the construction industry might accommodate the additional Project scope within the existing Project budget. Commission Memorandum—Schwebke-Shiskin Amendment 2 for Venetian Islands Bid Package 13C Project May 8, 2013 Page 2 On May 28, 2009, the City issued RFQ No. 42-08/09 for Re-design, Bid and Award, and Construction Management Services for the Re-design Component, for Venetian Islands Bid Package 13C Neighborhood Right-of-Way Improvement Project, to Include Additional Stormwater Infrastructure, Additional Potable Water System Infrastructure, and Additional Streetscape/Hardscape Improvements. Following negotiations with Schwebke-Shiskin & Associates, Inc., the City was able to reach an agreement with Schwebke-Shiskin & Associates, Inc., in the amount of $530,160, which includes $340,317 for Design and Bid/Award services, $112,043 for Construction Administration services, and $77,800 for limited Resident Project Representative (RPR) services. An additional amount of $55,500 was provided for approved reimbursable expenses. The proposed Professional Services Agreement with Schwebke-Shiskin & Associates, Inc. was recommended for approval by CIPOC at its August 31, 2009 meeting. On September 9, 2009, the City Commission pursuant to Request for Qualifications (RFQ) No. 42-08/09, adopted Resolution No. 2009-27161, approving and authorizing the Mayor and City Clerk to execute a Professional Services Agreement with Schwebke-Shiskin & Associates, Inc. (SS&A) to provide professional services for the design, bid, award and construction administration phases of the Venetian Islands Bid Package 13C, Right-Of-Way Neighborhood Improvement Project (the Project). The original contract provided limited construction administration services and reduced RPR services. ANALYSIS The Administration has determined that additional resources for the aforementioned construction administration services (Tasks 4.2 — Weekly Construction Meetings, Task 4.3 — Request for Information and Task 4.4 — Request for Changes to Construction Cost and/or Schedule) are warranted due to increased scope to the project that was not contemplated during the original contract. The additional scope added to the project includes full roadway reconstruction, lining of the sanitary sewers, and rehabilitation of existing outfalls. SS&A provided enhancement to the Stormwater design to address the current Public Works Department requirements with modifications to the area that would contribute stormwater runoff to the proposed system which increased the capacity of the system. Although the project contract duration remains unchanged, the negotiated hours for Task 4.2 did not contemplate for weekly progress meetings, therefore, the amended services include weekly progress meeting for sixty-one (61)weeks. The proposed cost for these tasks is 79,374. Additionally, the original contract under Task 4.6 - "Resident Project Representative" had estimated one (1) on site RPR for a period of eighteen (18) hours per week for the duration of the project. Due to the size and complexity of the project infrastructure, the City has determined that supplemental RPR services will be required. A full time RPR is crucial to the success of the project in order to monitor and enforce the contractor's compliance with the contract. This construction contract is a unit price contract which requires detailed accounting of all material that is delivered/installed and/or removed/hauled away from the site, in order to accurately process and certify the monthly pay requisitions. Since the construction schedule for the Venetian Islands is very aggressive and the likelihood that the contractor will be staged in multiple islands at one time, staff has determined that the project also requires a part time assistant RPR to document concurrent work at the various work zones throughout the three (3) islands. The proposed cost for this task is $270,583. Pursuant to RFQ No. 42-08/09, any additional services required during the performance of the work would be requested by the City and negotiated in accordance with the Agreement. To that Commission Memorandum—Schwebke-Shiskin Amendment 2 for Venetian Islands Bid Package 13C Project May 8, 2013 Page 3 effect, the additional services will be added to the Professional Services Agreement as Amendment No. 2 (Exhibit A) for an amount of $349,957. Amendment No. 2 will revise the total contract sum to a not to exceed total of $945,517, which is 9.1% of the total construction cost of$10,339,537. The negotiated price submitted by Schwebke-Shiskin & Associates, Inc. for the above services has been reviewed by City staff and found to be fair and reasonable. CONCLUSION: The Administration recommends that a Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the Mayor and City Clerk to execute Amendment Number 2 to the professional services agreement with Schwebke-Shiskin & Associates, Inc. for supplemental construction administration Services, for the Venetian Islands Bid Package 13C, Right-Of-Way Neighborhood Improvement Project; in the negotiated not-to-exceed amount of $349,957; with previously appropriated funding in the Capital Budget from the following Funds: $181,492 from fund 384—2003 GO Bonds— Neighborhood Improvements; $100,491 from Fund 427- Stormwater Enterprise Fund; and $67,974 from Fund 420 —W&S GBL Series 2010. ATTACHMENTS: Exhibit A— Schwebke-Shiskin Amendment No. 2 JLM\JMT\ V\DM T:IAGENDA\2013\May 8\VENETIAN ISLANDSWenetian Islands-SS&A Amendment 2-MEMO.docx