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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 1 of 6 04/15/2015 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: 2 of 6 04/15/2015 • 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. 3of6 04/15/2015 (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. 4of6 04/15/2015 } (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. 5 of 6 04/15/2015 • (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 6 of 6 04/15/2015 1 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. 7 of 6 04/15/2015 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) • f.1 O I N O c9:2 N• f' O 7 N O O IN� t`O N O N N f. iQ , c.:^ ^ m 1 R N ^,O? 0 cn C N cn n n 0 1 C0 V C N V::2 N O:a `.2 'n O V C 7 ^ N m O ^ ^ 60 iN U ' I ! t0 r N T Hw w.Iw o.Iw w o I. to w w n w w. w w 6, • N 1 O O :112 tD N'N (h '13 O 7 C a^0 ^N U1 2 e i I^ " B I ^ O N to 0 I N = ■ O J I > 1 0 - O;N N m N �' i- i W Z U z Za I N J N I ^•O g 1 0 Q 1 Q I 9;, .0 O l0 (O N (7 0 9 I I o z Cl) I I Z Q C'3 Z o 'T W P 0 i� O 0I- i a, W ¢a I i CC cr,Z N H- J 0Z » U tp N � N iA 'lf1 a R O V p 0 a, o } W w of m c•1 Z c T — J U I W N w a W p W a =• Y f' LL w w a a 1. 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