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97-22361 RESO RESOLUTION No. 97-22361 " A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ALLOCATING $196,284 FROM BOND FUND 426 FOR AMENDMENT NO.2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH THOMPSON AND WOOD, INC. / KIMLEY -HORN & ASSOCIATES FOR THE CAPITAL IMPROVEMENTS TO THE LINCOLN ROAD DISTRICT; SAID AMENDMENT PROVIDING FOR INSPECTION AND CERTIFICATION SERVICES FOR W ATERMAIN EXTENSIONS AND SANITARY SEWER MODIFICATIONS ON COLLINS AVENUE, 17TH STREET, AND WASHINGTON AVENUE. WHEREAS, on July 27, 1994, the Mayor and City Commission approved an Agreement for Alehtectural and Engineering Services with the firms of Thompson and Wood, Inc, / Kimley-Hom & Associates (Consultant) for Capital Improvements to the Lincoln Road District, which included th: replacement of water and sewer mains from Collins Avenue to West Avenue; and WHEREAS, the Administration has been made aware by the Consultant that the water and se Ne r mains on Collins Avenue, 17th Street, and Washington A venue are also in need of re ,la;;ement and extension; and WHEREAS, on June 5, 1996, the Mayor and City Commission approved Amendment No,l to the Professional Services Agreement with Thompson and Wood, Inc. / Kimley-Hom & Associates fo ' additional design services of watermain extensions and sanitary sewer modifications on Collins A lenue, 17th Street and Washington A venue; and WHEREAS, additional certification and inspection services are needed during the cc nsruction period of the work by Thompson and Wood, Inc, / Kimley-Hom & Associates; and WHEREAS, funding for this additional work, in the amount of $196,284 is available from B md Fund 426, NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CUlT COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the allocation of $ -. 96,284 from Bond Fund 426 for Amendment No, 2 to the Professional Services Agreement with T lompson and Wood, Inc. / Kimley-Hom & Associates for the Capital Improvements to the Lincoln R)ad District; said amendment providing additional inspection and certification services for W Itermain extensions and sanitary sewer modifications on Collins Avenue, 17th Street and " as lington Avenue, is herein approved. Pli,$SED AND ADOPTED THIS 7th day of May A"TEST: r~Dbr fw-~ CITY CLERK (ResJl1tion No. 97-22361) ({) APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION ~ c:h/n" Attorney -7tJij;I- CI1Y HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 ::ITY OF MIAMI BEACH COMMISSION MEMORANDUM No.2 4 8.<} I f) ~ 10: Mayor Seymour Gelber and Members of the City Commission DATE: May 7,1997 S OBJECT: Jose Garcia_pedrt(sa City Manager A RESOLU ION APPROVING AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH THOMPSON AND WOOD, INC. / KIMLEY-HORN & ASSOCIATES FOR INSPECTION AND CERTIFICATION SERVICES OF W A TERMAIN EXTENSIONS AND SANITARY SEWER MODIFICATIONS IN COLLINS AVENUE, IN 17TH STREET AND IN WASHINGTON AVENUE. FUNDING, IN THE AMOUNT OF $196,284, IS AVAILABLE FROM WATER AND SEWER REVENUE BOND FUND 426. FROM: .'lDMINISTRATION RECOMMENDATION: "0 lpprove the Resolution. r~ACKGROUND: l)n June 5, 1996, the City Commission approved Amendment No, 1 to the Professional Services ,"greement with Thompson and Wood, Inc. / Kimley-Horn & Associates (Consultant) for additional <es .gn services of watermain extensions and sanitary sewer modifications in Collins Avenue, 17th ~:treet and in Washington Avenue. Plans, specifications and special contract conditions were ce\ieloped by the City and the Consultant to ensure that the construction is completed within one I urdred fifty (150) calendar days. These conditions are as follows: The contractor will be required to work nineteen hours per day. The contractor will be required to work six days per week. The working hours will be 11 pm to 6 pm the following day. The contractor will maintain two lanes of traffic at all times on Collins A venue except the contractor will temporarily be allowed to close Collins Avenue to tie in the sewer laterals to the new gravity sewer system. Traffic will be re-routed during the late evening and early morning hours. The contractor will be limited to construction segments of approximately 300' in length. DATE Q1A 5~7-~ 7 AGENDA ITEM . The construction segments will be completed before the contractor will be allowed to move to the next segment. . The contractor will be required to work seven days a week, twenty-four hours a day, ifhe should fall behind schedule, . Contractor will maintain pedestrian and vehicular access at all times. A Jrcject schedule was developed to minimize the impact to property owners by starting the work by May, 1997 and to have the construction completed on the infrastructure improvements no later th, n :\l"ovember, 1997, Tl is uve..ffionth construction schedule will allow the following: . Let other major construction components proceed on schedule; the infrastructure being in place in time for the hotels to open on schedule. . Minimize the impact to owners and businesses during "peak season", . Allow the City to complete the above ground improvements along Collins A venue during Spring 1998, . Be out of the construction area to allow completion of the parking garage and the opening of the roadway adjacent to the garage, OJ 1 F ~bruary 5, 1997, the City issued invitations to bid for construction of the utility work. On April 2, 1 <; 97, the City Commission awarded the construction contract for the utility work to Central FI )rda Equipment Rental of Dade County, Inc. In order to proceed with the work by May, 1997, th: ( ity will need to obtain these additional services of the Consultant. Tie City and its Consultant will have the following responsibilities, in addition to the contractor's ac .:;olmtabilities: . The Consultant will be required to certify the work performed by the contractor to the regulatory agencies, i,e. DERM, Department of Health, etc, . As part of the requirements of the permitting and certification of the work, the Consultant and the City will provide engineering, construction and inspection services during the entire construction effort, one hundred fifty (150) calendar days, . The Consultant will be on call to respond immediately in the resolution of conflicts, . Should the contractor be required to work seven days a week, twenty-four hours per day, adequate staff of the Consultant will be available to provide the necessary engineering, construction and inspection services, . Daily reports will be provided by the Consultant describing field conditions, areas of construction activity, all tests performed, along with special and unusual events. . Monthly reports will be issued by the Consultant which will reflect the status of the construction as well as how the concerns of business or property owners are being handled, . Weekly construction progress and coordination meetings will be held by the Consultant, City and contractor. . Periodic meetings will also be held with Loews Hotel, FPL, DEP, FDOT and other interested parties. Clll']rCLUSION: A >pl oval of the additional certification and inspection services with Thompson and Wood, Inc. I K mley-Hom & Associates will allow the utility construction contract to proceed, which will provide th.~ needed infrastructure for the Convention Center Hotel and other new building projects in the ar:a. Funds are available in the Water and Sewer Revenue Bond Fund 426, !.~~!.~\ei::~~~~M t- )> z THOMPSON 0 WOOD IhlC 14 STORY STREET CAMBRIDGE MASSACHUSETTS o 2 1 3 8 TEL 617349.JiiOO April 23, 1997 FAX 617,349.3!i01 Mr. Julio Grave DePeraIta, P.E, Public Works Director City of Miami Beach 1700 Convention Center Drive Miami Beach, A... 33139 Re: Construction Engineering Inspection (CEI) Services Associated with the Infrastructure Improvements for the Convention Center Hotel Development (REVISED) Dear Mr,Peralta: Attached is the technical and fee proposal to provide CEI services associated with the Infrastructure Improvements for the Convention Center Hotel Development. A modification to our current contract for the Lincoln Mall Road Improvements allowed us to complete the design of these critical infrastructure improvements within the tight schedule that was outlined, Another modification to our contract will allow us to complete the CEI services for the contract. In an attempt to minimize the impacts to the owners along the project corridor, the intent of the project schedule was to have construction completed prior to November, 1997. lbis will allow approximately five months to complete construction and avoid impacting the owners during the "season". In order to complete the construction of this project prior to the beginning of the "season", several allowances were granted to the contractor in the specifications relative to working days and hours. The contractor will be allowed to work nineteen hour per day six days per week throughout the duration of this contract. However, many additional items such as maintaining two lanes of traffic, access to business, work area limitations, and many other limitations were placed on the contractor to minimize impacts to the owners and visitors. Attached is the technical and fee proposal to provide the CEI services for this project. Our thorough knowledge of the plans and specifications along with our commitment to have an inspector on the job site will provide the City with the comfort that this project will be completed in accordance with the construction documents. Please call me if you have any questions or need additional information. Very truly yours, '\, '" d:konve...woodfiRl.ltr ~=r~ Kimley-Horn and Associates] Inc, CONSTRUCTION OBSERVATION/ENGINEERING It is estimated that construction of the watermain and gravity sewer associated with the Convention Center Infrastructure Improvements Project will take up to 150 calendar days to complete, The consultant shall provided these services as an amendment to the Lincoln Road Mall project. The Consultant shall provide one full-time (60 hr/wk) resident project representatives and a part-time project Engineer to perform the following tasks during the 150 calendar days of construction, The resident project representatives will be provided 6 days a week for 10 hours a day each, totaling 60 hours per week (including overtime), Services extending beyond the 150 calendar days will be considered additional services. The following is a general list of the duties that the consultant will be performing as a part of this project. This list is followed by the detailed scope and fee estimate for the project. I) Provide the personnel outlined for the times outlined in the proposal 2) Review shop drawings and either accept, reject, or take other action with them, 3) Advise and consult with the City as to the acceptability of substitute materials. 4) Advise and consult with the City as to the acceptability of substitute equipment. 5) Provide periodic site visits by the engineer. 6) Provide periodic updated as to the progress of the project to the City. 7) Approve or reject work by the contractor as it relates to the construction documents. 8) Review test results of items outlined in the construction documents that require testing, 9) Issue instruction of the City to the contractor, 10) Provide interpretations and clarifications of the construction documents, II) Prepare change orders if required, 12) Require special testing or inspections of the contractor. 13) Interpret the construction documents as they relate to the execution and progress of work, 14) Review work performed as it relates to the pay requests of the contractor, IS) Recommend payment to the contractor, 16) Determine if the project is substantially complete. 17) Conduct a final (punch list) review. 18) Prepare and submit daily reports of the field staff. 19) Conduct weekly progress meetings with the contractor. 20) Attend bi-weekly meetings with the Loews Hotel group to coordinate construction activities. 21) Provide immediate resolutions to conflicts that may occur due to unknown existing conditions, 22) Review test results from the health agency. 23) Review as built drawings from the surveyor for accuracy. 24) Certify to the health agency that the project was built in accordance with the plans and specifications. ~ 'iI.I.,,. ...... 11_ r ~ Kimley-Horn and Associates, Inc. TASK 1 TASK 2 TASK 3 TASK 4 The Project Engineer shall consult with and advise the City and act as its representative as provided in the Lincoln Road Mall contract. The Project Engineer shall consult with and advise the City as to the acceptability of substitute materials and equipment proposed by the prime contractor(s) (hereinafter called "Contractor(s)") for those portions of the work as to which such acceptability is permitted by the bidding documents, The Project Engineer shall make weekly visits to the site at periodic intervals in the various stages of construction to observe as a design professional the progress and quality of the executed work of Contractor( s) and to determ ine if such work is proceeding in general accordance with the Contract Documents, The Project Engineer shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by Contractor(s) or the safety precautions and programs incident to the work of Contractor(s), The Project Engineer's efforts will be directed toward providing the City with a greater degree of confidence that the completed work of Contractor(s) will conform to the Contract Documents, but the Project Engineer shall not be responsible for the failure of Contractor(s) to perform the work in accordance with the Contract Documents, During such visits and on the basis of on-site observations, the Project Engineer shall keep the City informed of the progress of the work, shall endeavor to protect the City against defects and deficiencies in such work, and may disapprove or reject work if it fails to conform to the Contract Documents, The Project Engineer shall perform the observations in accordance with the standard of care of the profession at the time of service, The Project Engineer shall review and approve (or take other appropriate action in respect ot) Shop Drawings (as that term is defined in the General Conditions of each construction contract) and samples, the results oftests and inspections, and other data that each Contractor is required to submit but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents (such review and approval or other action shall not extend to means, methods, sequences, techniques or procedures of construction, or to safety precautions and programs incident thereto); determine the acceptability of substitute materials and equipment proposed by Contractor(s); and receive and review (for general content as required by the Specifications) maintenance and operating instructions, schedules, guarantees, bonds, and certificates of inspection which are to be assembled by ~ II.. r" ~.I.. , Kimley-Horn and Associates, Inc. TASKS TASK 6 TASK 7 TASK 8 Contractor(s) in accordance with the Contract Documents, The Engineer shall perform these reviews in accordance with the standard of care of the profession at the time of service, The Project Engineer shall issue instructions of the City to Contractor(s); issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare change orders as required; have authority, as the City's representative, to require special inspection or testing of the work; and act as initial interpreter ofthe requirements of the Contract Documents pertaining to the execution and progress ofthe work, Based on the Project Engineer's on-site observations and on review of applications for payment and the accompanying data and schedules, the Project Engineer shall determine the amounts owing to Contractor(s) and recommend in writing payments to Contractor(s) in such amounts; such recommendations of payment will constitute a representation to the City based on such observations and review that the work has progressed to the point indicated and that, to the best of the Project Engineer's knowledge, information, and belief, the quality of work is in accordance with the Contract Documents (subject to any qualifications stated in the Project Engineer's recommendations), and that payment of the amount recommended is due Contractor( s), The Project Engineer shall review the Project to determine if the Project is substantially complete and conduct a final review to determine if the work has been completed in accordance with the Contract Documents and if each Contractor has fulfilled all of his obligations thereunder so that the Engineer may recommend, in writing, final payment to each Contractor and may given written notice to the City and the Contractor(s) that the work is acceptable (subject to any conditions therein expressed) but any such recommendations and notice shall be subject to the limitations expressed in Task 6, The Project Engineer shall not be responsible for the acts or omissions of any Contractor or subcontractor, or any of the Contractor(s)' or subcontractors' agents or employees or any others persons (except the Project Engineer's own employees and agents) at the site or otherwise performing any of the Contractor(s)' work; however, nothing contained in Tasks 1 through 8, inclusive, shall be construed to release the Project Engineer from liability for failure to properly perform duties undertaken by him in this Contract or in the Contract Documents, ........ .. n ..... ..r u' Kimley-Horn and Associates, Inc. TASK 9 A Resident Project Representative (RPR) will be furnished by the Engineer and shall act as directed by the Project Engineer in order to assist the Project Engineer in observing performance of the work of the Contractor(s), An RPR will be assigned to the project for the days and working hours as outlined by the City, TASK 10 The duties and responsibilities and the limitations on the authority of the Resident Project Representative and assistants will be as set forth in the attached document. TASK 11 Through on-site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative, the Engineer shall provide further protection for the City against defects and deficiencies in the work; however, the furnishing of such Resident Project Representative will not make the Engineer responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions or programs, The Project Engineer shall perform the observations in accordance with the standard of care of the profession at the time of service, TASK 12 The Project Engineer agrees to prepare and submit daily reports of the field staff describing the general working conditions, areas of construction activity, all tests performed, and special and unusual events, TASK 13 The Project Engineer agrees to attend weekly progress meetings (as scheduled by the Project Engineer) with the Contractor(s) to assess the project schedule, The Project Engineer will also attend biweekly meetings with representatives from the Loews Hotel (as scheduled by the Project Engineer) to coordinate the construction of hotel improvements with the infrastructure improvements, *Note: At the prebid meeting, David Cates agreed to consider allowing the contractor to work 7 days/week, 24 hours/day on an as needed basis provided the contractor can provide justification for the need of this extended work period to the City, The above noted proposal does not include any allowance for these increased working hours. Any request to provide construction observation services for increased working hours will be considered additional services. Furthermore, the contract documents the City agreed to with the contractor indicate a 150 calendar day duration for this project. Any delays or other circumstances which require the contractor to work beyond the 150 calendar days will be considered additional services if additional days of observation are requested of the consultant by the City, David also agreed that a conference room for Kimley-Horn inspectors would be provided at City Hall at no cost to Kimley- Horn and that facilities such as copy machines, telephones, and fax machines JIIIIl"""'"II-n ~11..r n' Kimley.Horn and Associates, Inc. would also be provided to these inspectors at no cost to Kimley-Horn. ~=r~ Kimley-Horn and Associates, Inc. BREAKDOWN OF CONSTRUCTION OBSERVATION FEES Labor Expenses: (ISO calendar days/7days/week=2I,S weeks) Construction Inspectors - including overtime (Alex Ballum, Tony Sulkowski, and/or Larry Flowers) **60hrs/wk =' $4,800/wk 21.5wks = $102,800 Senior Engineer (R Barnes) 16 hrs/wk = $1,520/wk 21.5wks = $ 32,680 Engineer (S, Schmid) 8 hrs/wk = $S60/wk 21,Swks $ 12,040 Principal (B, Wood) 2hrs/wk = $300/wk 21.Swks $ 6,4S0 Clerical (R, Gores) 2 hrs/wk = $80/wk 21.Swks $ 1,720 Part time Inspector 10hrs/wk= $SOO/wk 21,Swks $ 10. 7S0 $166,440 **$4,800/wk for the inspector equates to $80/hour, This rate is applied to the standard 40hr/wk schedule plus the additional 20 hr/wk of overtime, Therefore, there is no mark-up for overtime and the standard hourly rate is less than the current rate that the City is paying for inspectors on other projects, In addition to the lump sum fee for CEl services, the budget for reimbursable expenses associated with the CEI services is: $12,000, This budget will be separate from the lump sum budget for the CEI services and will be paid in accordance with the schedule below. Reimbursable Expenses Budget: Item Mileage on Personal Vehicle Inspection Vehicle Overnight Mail Cellular Telephone Beepers Total Not to Exceed Rate $0.315/mile $ IS/day $IS/package $ 12S/month $40/month $12,000 SUMMARY OF PROPOSED FEES $166,440 $ 12,000 $ 17.844 $196,284 (Standard Services) (Reimbursable Budget) (CEI Additional Services Budget) TOTAL PROGRAM The above noted fees are associated with construction observation services for a ISO calendar day construction period, Any services provided beyond the ISO calendar days will be considered additional services and will not be performed without written authorization from the City, The City has established a budget for additional services for construction observation in the event that this project extends beyond the ISO calendar day period, This budget will be utilized only after prior authorization from the City,