Amendment No. 5 to the PSA with Schwebke-Shiskin & Associates aO 15 a7??3
AMENDMENT NO. 5
TO THE PROFESSIONAL ARCHITECTURE
AND ENGINEERING (NE) SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
SCHWEBKE-SHISKIN &ASSOCIATES,
DATED DECEMBER 18, 2009
IN AN AMOUNT NOT-TO-EXCEED $666,462
TO PROVIDE ADDITIONAL PUMP STATION DESIGN MODIFICATIONS PLUS EXTENDED
RESIDENT PROJECT REPRESENTATIVE AND CONSTRUCTION ADMINISTRATION
SERVICES FOR TWENTY ADDITIONAL MONTHS FOR THE VENETIAN ISLANDS BID
PACKAGE 13C RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT
This Amendment No. 5 to the Agreement made and entered this day of /NPR IL
2015, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under 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, 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 (the
Agreement) with the Consultant 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), in the amount of$585,660.; and
WHEREAS, on June 2010, Administration approved Amendment No. 1, to the
Agreement in the amount of$9,900, for a topographic survey of the existing outfalls scheduled
for rehabilitation; and
WHEREAS, on May 8, 2013, the City Commission adopted Resolution No. 2013-
28202, approving Amendment No. 2 to the Agreement, for additional RPR services and
Supplemental Construction Administration services, in the amount of$349,957; and
WHEREAS, on March 5, 2014, the City Commission adopted Resolution No. 2014-
28528, approving Amendment No. 3 to the Agreement, in the amount of $201,814, for re-
design and permitting phase services associated with the enhanced stormwater system
criteria; and
WHEREAS, on November 19, 2014, the City Commission adopted Resolution No.
2014-28821, approving Amendment No. 4 to the Agreement, in the amount of $76,500, which
implemented additional enhanced stormwater drainage design modifications; and
WHEREAS, this Amendment No. 5, will provide pump station design revisions plus
extended resident project representative and construction administration services for and
additional twenty months; and
WHEREAS, the additional services will be added to the Professional Services
Agreement as Amendment No. 5 in the amount of$666,462; and
•
WHEREAS, this Amendment No. 5 will revise the total contract sum to a not-to-
exceed total of$1,890,293.
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. 5.
2. MODIFICATIONS
The Agreement is amended to incorporate Schedule "A-5 and B-5", 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. 5.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST: CITY OF MIAMI BEAC . /?r'IDA
•
Rafael E. Granado, fi, r ..,� •� clip Levine
City Clerk �•••'''' ° ‘' or
•
RATED.
AT U �� , � AN r�
y :iNCURP BKE HISKIN & ASSOCIATES,
s '''''' 4‘ft'.1°
S-cre ry /r '91% x.e. : President
/1624/400
N4V4 , M jolincon
Print Name Print Name
Attachment: Schedule A-5
Schedule B-5
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
--- of{4c6
City A rnny Dote
Schedule "A-5"
(attached)
SCHEDULE A-5
SCOPE OF SERVICES
Task 12 — Supplemental Resident Project Representative (RPR) and Construction
Administration (CA) Services for the Venetian Islands Bid Package 13C Right of Way
Improvement Project:
TASK 12 - CONSTRUCTION ADMINISTRATION SERVICES will be amended to provide supplemental
CA services which will include bi-weekly progress meeting for a total of 44 meetings. 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:
12.2 Bi-Weekly Construction Progress Meetings: The Consultant shall attend, participate and
take a lead role in bi-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 bi-weekly
construction progress meetings. The services amended herein will supplement the meetings
included in the agreement approved by Resolution No. 2009-27161 and No. 2014-28821 to
provide services for a total of twenty-eight(44) progress meetings.
12.3 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 EOR 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-BuilderTM document management system.
12.4 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-BuilderTM 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 contactors schedule
to confirm accuracy of the work activities completed. Analysis of the Contractor schedule will be
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on the basis of planned versus actual costs for the month and construction contract to date.
Consultant shall verify that the Contractor is uploading approved schedule and schedule
updates to the City's E-BuilderTM document management system.
12.6 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 and No. 2014-28821, 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 twenty (20) months. These Consultant services are limited to not more than
thirteen (20) months (608 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 B-5.
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 for 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:
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• 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-BuilderTM 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 re q
y Unaccepted Delivery of Unacce ted 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-BuilderTM 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.
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(h) Construction Process: Field observe critical points in the construction process.
(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.
(I) 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.
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}
(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 EOR will be
required, the Consultant will notify the EOR 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.
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•
(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.
Task 13 — Supplemental Design Services for the Pump Station Site Modifications of the Venetian
Islands Bid Package 13C Right of Way Improvement Project:
TASK 13 — SUPPLEMENTAL DESIGN SERVICES will be amended to provide supplemental DESIGN
services which will establish requirements for the preparation of contract documents for the Project.
13. Community Design Review Meetings: Requires that the CONSULTANT attend and participate in
up to (6)Community Design Review Meeting (CDRM)to review the design progress and concept.
The CITY will schedule, find location for, and notify residents of the meeting. CONSULTANT shall
prepare for, attend and present its documents at the CDRM. The CDRM shall be scheduled at the
50% design completion stage. Presentation format shall consist of a brief Power Point presentation
to review Project status, highlights, funding, schedules, plus review of full size plans for the Project.
CONSULTANT shall prepare draft meeting minutes and forward them to the CITY, which shall
review, provide comments and distribute, accordingly. CONSUL TANT shall provide sufficient staff at
the meeting to address concerns by residents at multiple plan stations. It is anticipated that
CONSULTANT will attend Pre-CDRM meetings with CITY staff to review the proposed format of the
presentation for the CDRM.
13.2 Conceptual Designs: CONSULTANT shall prepare conceptual plans in compliance with DSM
standards.
13.3 Electrical Design Services: CONSULTANT shall include an electrical engineer in all CDRM
meetings to participate in up to (6) meetings. The electrical engineer will update the pump station
electric control panel plans in compliance with DSM standards.
13.4 Structural Design Services: CONSULTANT shall update control panel foundation structural plans
for(6) control panel relocations. Whether on grade or elevated is to be determined, but if lower than
the flood elevation then design must incorporate the flood protection required by FEMA. The
Structural System shall be conventionally reinforced concrete. CONSULTANT shall include a
Structural Engineer to attend (1) Design Meeting. CONSULTANT shall respond to Building Dept.
comments during permitting process, respond to Contractor RFI's and review shop drawings
regarding the control panel foundations.
13.5 Document Revisions: Based upon the input provided by the residents at the CDRM, the
CONSULTANT shall incorporate contract document revisions and prepare conceptual designs of the
pump station site layouts, as necessary, to secure approval by the CITY.
13.6 Permitting Reviews: CONSULTANT shall prepare applications and such documents and design
data as may be required to procure approvals from the CITY. CONSULTANT shall respond to
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comments by such authorities within ten (10)working days of receipt of comments unless a different
time is agreed to by CITY. Since the CITY is to track and monitor progress on the preparation and
review of permits and subsequent requests for information, CONSULTANT shall also copy the CITY
on all permit related correspondence. This includes CONSULTANT generated minutes from
meetings held with related parties.
13.7 The CONSULTANT's QA/QC of Design Documents: CONSULTANT shall establish and maintain
an in-house Quality Assurance/Quality Control (QA/QC) program designed to verify and ensure the
quality, clarity, completeness, constructability and biddability of its contract documents. The CITY, at
its discretion, may require that CONSULTANT attend public meetings or meetings with City Staff to
review the status and present results of its QA/QC efforts. Items to be addressed may include, but
shall not be limited to, review of specifications by respective technical experts and a "Red i-check"
type review of the documents to identify conflicts and inconsistencies between the various project
disciplines.
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SCHEUDLE B-5
CONSULTANT COMPENSATION
Construction Administration and
Resident Project Representative Services* $627,920
Note*: The Construction Administration and Resident Project Representative Services shall be invoiced
monthly indicating each Task and dividing by twenty months,when applicable.All hours will need to be
verified by City Representative.
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.
Supplemental Design Services** $38,042
Reimbursables: $500
Note*: Conceptual designs included in these services are based on an estimated hourly cost and is a Not-To-
Exceed amount. In the event that Supplemental Conceptual Design Services are required to be extended,
additional fees will be negotiated prior to proceeding with additional services.
,
Schedule "B-5"
(attached)
•
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