2017-30122 ResolutionRESOLUTION NO. 2017 -30122
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 8 TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
SCHWEBKE- SHISKIN & ASSOCIATES, INC., FOR THE VENETIAN ISLANDS
BID PACKAGE 13C RIGHT -OF -WAY NEIGHBORHOOD IMPROVEMENT
PROJECT; WITH SAID AMENDMENT NO. 8 PROVIDING FOR EXTENDED
RESIDENT PROJECT REPRESENTATIVE AND CONSTRUCTION
ADMINISTRATION SERVICES, IN THE NEGOTIATED NOT -TO- EXCEED
AMOUNT OF $115,576, TO BE FUNDED WITH PREVIOUSLY APPROPRIATED
FUNDING IN THE FY2017/18 CAPITAL BUDGET.
WHEREAS, on September 9, 2009, the Mayor and City Commission adopted Resolution No.
2009 - 27161, approving and authorizing the Mayor and City Clerk to execute a Professional Services
Agreement (the Agreement), pursuant to Request for Qualifications (RFQ) No. 42- 08/09, with
Schwebke - Shiskin & Associates, Inc. ( "Consultant "), to provide professional services for the design,
bid, award and construction administration phases of the Venetian Islands Bid Package 130, Right-
Of-Way Neighborhood Improvement Project (the Project), in the amount of $585,660; and
WHEREAS, on June 2010, the 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 Mayor and 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 Mayor and 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 in the amount of $76,500, to implement additional enhanced
stormwater drainage design modifications based on comments from AECOM, the City's Flood
Mitigation Consultant, and the City Engineer; and
WHEREAS, on April 15, 2015, the City Commission adopted Resolution No. 2015 - 28993,
approving Amendment No. 5 in the amount of $666,462 for additional pump station design
modifications, plus extended resident project representative services, which included conceptual
design, meetings with City staff, electrical and structural revisions, permit submittals and construction
administration services and an additional twenty months of resident project representative and
construction administration services added to the Agreement; and
WHEREAS, on June 8, 2016, the Mayor and City Commission adopted Resolution No. 2016-
29432, approving Amendment No. 6 in the amount of $207,356 for additional design services, to
finalize pump system equipment, components and stakeholders' meetings required to complete the
design of the Project, and further authorized additional construction administration services for six (6)
additional months, to correspond with the construction contractor's approved schedule; and
WHEREAS, on May 17, 2017, the City Commission adopted Resolution No. 2017 - 29868,
approving Amendment No. 7 in the amount of $86,326, for Resident Project Representative and
Construction Administration services for an additional period of four (4) months, due to extended
construction duration, as a result of various underground utility conflicts with existing gas lines and
electrical raceways; and
WHEREAS, the Administration recommends that the Mayor and City Commission approve
this Amendment No. 8, to provide extended Resident Project Representative and Construction
Administration services for an additional period of ten (10) months, due to extended construction
duration for the Project, as a result of pump station coordination with residents and FPL- related delays,
in the negotiated not -to- exceed amount of $115,576; and
WHEREAS, this Amendment No. 8 will revise the total contract sum to a not -to- exceed total
of $2,299,551.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission approve and
authorize the Mayor and City Clerk to execute Amendment No. 8 to the Professional Services
Agreement between the City of Miami Beach and Schwebke - Shiskin & Associates, Inc., for the
Venetian Islands Bid Package 13c Right -of -Way Neighborhood Improvement Project; with said
Amendment No. 8 providing for extended Resident Project Representative and Construction
Administration services, in the negotiated not -to- exceed amount of $115,576, to be funded with
previously appropriated funding in the FY2017/18 Capital Budget.
PASSED and ADOPTED this /3 day of '1).& /"�� -ef , 2017.
/ a
ATTEST:
1Z-Aa p
RAFAEL E. GRANADO, C TY CLERK
DAN GELBER, MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
7,-
City Attorney (2 Date
MIAMI BEACH
Resolutions - R7 E
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 13, 2017
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 8 TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
SCHWEBKE - SHISKIN & ASSOCIATES, INC., FOR THE VENETIAN ISLANDS BID
PACKAGE 13C RIGHT -OF -WAY NEIGHBORHOOD IMPROVEMENT PROJECT;
WITH SAID AMENDMENT NO. 8 PROVIDING FOR EXTENDED RESIDENT
PROJECT REPRESENTATIVE AND CONSTRUCTION ADMINISTRATION
SERVICES, IN THE NEGOTIATED NOT -TO- EXCEED AMOUNT OF $115,576, TO
BE FUNDED WITH PREVIOUSLY APPROPRIATED FUNDING IN THE FY2017/18
CAPITAL BUDGET.
RECOMMENDATION
The Administration recommends approval of this Resolution.
ANALYSIS
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 (PSA) 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) in the amount of $585,660. The original contract provided limited Construction
Administration services and reduced Resident Project Representative (RPR) services.
On June 2010, the administration approved Amendment No. 1 in the amount of $9,900 for a
topographic survey of the existing outfalls scheduled for rehabilitation. Subsequently, on May 8,
2013, the City Commission adopted Resolution No. 2013 -28202 to approve Amendment No. 2 for
additional RPR services and Supplemental Construction Administration services in the amount of
$349,957.
As recommended by the Mayor's Blue Ribbon Panel on Flooding and Sea Level Rise and the
Flooding Mitigation Committee, on February 12, 2014 the City Commission approved to amend the
City's Storm Water Management Master Plan by modifying the design criteria for the tail water
elevation and adopted an elevation of 2.7 ft -NAVD for all tidal boundary conditions. The Public
Works Department (PWD) requested that staff implement the enhanced stormwater system criteria
including increasing from 6 -inch to 7.5 -inch, 5 -day, 24 -hour rain event. The new criteria required
SS &A to revise the design included in the contract documents for this project.
Page 1034 of 1320
On March 5, 2014, the City Commission adopted Resolution No. 2014 - 28528 approving Amendment
No. 3 in the amount of $201,814 for the re- design and permitting phase services associated with the
enhanced stormwater system criteria.
On November 19, 2014, the City Commission adopted Resolution No. 2014 -28821 approving
Amendment No. 4 in the amount of $76,500 which implemented additional enhanced stormwater
drainage design modifications based on comments from AECOM, the City's Flood Mitigation
Consultant, and the City Engineer.
On April 15, 2015, the City Commission adopted Resolution No. 2015 -28993 approving Amendment
No. 5 in the amount of $666,462 for additional pump station design modifications, plus extended
resident project representative, which included conceptual design, meetings with City staff, electrical
and structural revisions, permit submittals and construction administration services. An additional
twenty months of resident project representative and construction administration was added to the
agreement.
On June 8, 2016, the City Commission adopted Resolution No. 2016 -29432 approving Amendment
No. 6 in the amount of $207,356 for additional design services to finalize pump system equipment,
components and stakeholders' meetings to complete the design and resident project representative
and construction administration services for six (6) additional months to correspond with the
Contractor's approved schedule.
On May 17, 2017, the City Commission adopted Resolution No. 2017 -29868 approving Amendment
No. 7 in the amount of $86,326 for resident project representative and construction administration
services for an additional period of four (4) months, due to extended construction duration, as a result
of various underground utility conflicts with existing gas lines and electrical raceways.
Due to extensive resident coordination efforts of pump station construction, as well as FPL- related
delays, Lanzo Construction (contractor) submitted a revised schedule, which was reviewed and
approved by the City, indicating a project completion date of July 2018. In order to provide Resident
Project Representative and Construction Administration services for this timeframe, the agreement
with SS &A must be extended for this time period.
SS &A submitted a proposal, which was negotiated to the not -to- exceed amount of $115,576, for the
extended additional services that will be added to the Professional Services Agreement. Amendment
No. 8 will revise the total contract sum to a not -to- exceed total of $2,299,551.
The negotiated price submitted by SS &A for the above services has been reviewed by City staff and
found to be fair and reasonable.
CONCLUSION
The Administration recommends approval of this Resolution.
Amount 1 $115,576 Account 1 432- 0820 - 069357 -00- 418 - 000- 00- 00 -00-
21270 - 2015 Stormwater Bonds
Legislative Tracking
Capital Improvement Projects
Page 1035 of 1320
ATTACHMENTS:
Description
D Resolution & Amendment 8
Page 1036 of 1320
AMENDMENT NO. 8
TO THE PROFESSIONAL ARCHITECTURAL
AND ENGINEERING (A /E) SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
SCHWEBKE - SHISKIN & ASSOCIATES,
FOR ADDITIONAL RESIDENT PROJECT REPRESENTATIVE AND CONSTRUCTION
ADMINISTATION SERVICES FOR TEN ADDITIONAL MONTHS, FOR THE VENETIAN ISLANDS
BID PACKAGE 13C RIGHT -OF -WAY NEIGHBORHOOD IMPROVEMENT PROJECT
This Amendment No. 8 to the Professional Services Agreement 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 (CITY), and Schwebke- Shiskin &
Associates, Inc., having its offices at 3240 Corporate Way, Miramar, Florida 33025 (Consultant) is made
and entered into this of December, 2017.
RECITALS
WHEREAS, on September 9, 2009, the Mayor and City Commission adopted Resolution No.
2009 - 27161, approving and authorizing the Mayor and City Clerk to execute a Professional Services
Agreement (the Agreement), pursuant to Request for Qualifications (RFQ) No. 42- 08/09, with Schwebke-
Shiskin & Associates, Inc. ( "Consultant "), 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), in the amount of $585,660; and
WHEREAS, on June 2010, the 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 Mayor and 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 Mayor and 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 in the amount of $76,500, to implement additional enhanced stormwater
drainage design modifications based on comments from AECOM, the City's Flood Mitigation Consultant,
and the City Engineer; and
WHEREAS, on April 15, 2015, the City Commission adopted Resolution No. 2015-28993,
approving Amendment No. 5 in the amount of $666,462 for additional pump station design modifications,
plus extended resident project representative services, which included conceptual design, meetings with
City staff, electrical and structural revisions, permit submittals and construction administration services
and an additional twenty months of resident project representative and construction administration
services added to the Agreement; and
WHEREAS, on June 8, 2016, the Mayor and City Commission adopted Resolution No. 2016-
29432, approving Amendment No. 6 in the amount of $207,356 for additional design services, to finalize
pump system equipment, components and stakeholders' meetings required to complete the design of the
Project, and further authorized additional construction administration services for six (6) additional
months, to correspond with the construction contractor's approved schedule; and
WHEREAS, on May 17, 2017, the City Commission adopted Resolution No. 2017 - 29868,
approving Amendment No. 7 in the amount of $86,326, for Resident Project Representative and
Construction Administration services for an additional period of four (4) months, due to extended
construction duration, as a result of various underground utility conflicts with existing gas lines and
electrical raceways; and
WHEREAS, this Amendment No. 8 will provide extended Resident Project Representative and
Page 1039 of 1320
Construction Administration services for an additional period of ten (10) months, due to extended
construction duration for the Project, as a result of pump station coordination with residents and FPL-
related delays, in the negotiated not-to-exceed amount of $115,576; and
WHEREAS, this Amendment No. 8 will revise the total contract sum to a not-to-ex eed total of
$2,299,551.
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 by reference herein,
2. MODINCATIONS
The Agreement is amended to incorporate by reference the attached Schedule "A-8" (scope of
services) and Schedule "B-8" (Consultant Compensation), as if fully set forth herein.
3 OTH
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,
8.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No, 6 to be executed
in their names by their duly authorized officials as of the date first set forth above,
ATTEST:
Rafael E. Granado,
City Clerk
CITY OF MIAMI BEACH, FLORIDA
Dan Gelber
Mayor
ATTEST: CONSULTANT:
SCHWEBRE-SHISKIN & ASSOCIATES, INC.
Secretary President
Print Name
Attachment: Schedule A-8, Schedule 13-8
Print Name
Page 1040 of 1320
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Principals
Hernando J, Navas, P,E,
Mark S. .Johnson, P.S,M,
Of Counsel
Alfonso G. Tello, RE„ P.S.M,
November 27, 2017
34oelats4., gne,
Civil Engineers - Land Planners Surveyors
3240 Corporate Way • Miramar, Florida 33025
Phone; (954) 435 -7010 • Fax; (954) 4383288
Mr, Eric Arencibia.
City of Miami Beach
Capital Improvement Projects Office
1701 Meridian Avenue, Suite 300
Miami Beach, Florida 33139
Luis F. Leon, RE,
Alberto A. Mora, P.E,
John C. Teilo, RE,
Glen Harrelson, P.E,
Ronald A. Fritz, P.S,M.
Raymond F. Mlelke, P.S.M,
Michael J, Alley, P.S,M,
Re: Venetian Island Neighborhood 13 BID Package "C" -- Extend Resident Project
Representative and Construction Administration Services
Dear Eric,
.Based on the updated construction schedule for construction of the stormwater pump stations it is
our understanding that the City of Miami Beach is requesting to extend our Resident Project
Representative services to the final completion date of the project. Our previous contract with
the City of Miami Beach extended our Resident Project Representative services for an additional
4 months, or an anticipated final completion date of August 31, 2017. Our records indicate that
the contractor's final completion date is projected to be July, 15th 2018. As such, should the City
require our Resident Project Representative and Construction Administration services, our
services will need to be extended by approximately 10.5 months,
SCOPE OF SERVICES:
1. Supplemental Construction Administration 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 in this proposal we
will provide one full time Construction Inspector for the period of September lst, 2017 to
July 15th, 2017 (10.5 months). Our scope will also include additional services noted in
the previous contract such as bi- weekly progress meetings, review and approve shop
drawings, 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 to
perform these services shall be a lump sum amount of Two Hundred Thousand Six
Hundred Ninety One Dollars and Forty,Seyen Cents ($200,691.47). This total excludes
that Eighty Five Thousand One Hundred Fifteen Dollars andNinety Four Cents
,Jchtua Be- Shidhin E.9) Adociated, inc.
t;\luis \proposals \erie arenoibia \eric arencibia • venetian islaRtigOili041 ro fsgrtr'2i /3 20170901 revised,doo
Mr, Eric Arencibia
November 27th, 2017
Page2of2
f$85,115.99) available /roan existing line items not previously billed. The total
additional unds needed shall be One Hundred Fi teen Thousand Five Hundred
Seventy Five Dollars and Fifty Three Cents ($115,575.53)
1 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,
. ek,oe. e,e -54eal a 4 )4&1 g Geed,
LuiSF, Leoi, P.E.
Assistant Vice - President
Accepted For: City of Miami Beach
Accepted By.
(Signature) (Title)
(Print Name) (Date)
.Jchwebhe- JIaidhin C9) ✓4 iociczled,
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Page 1043 of 1320
,§CREDULE A-8
SCOPE OF SERVICES
Task 17 — Supplemental Resident Project Representative (RPR) and Construction
Administration (CA) Services for the Venetian Islands Bid Package 13C Right of Way
Improvement Project:
TASK 17 - CONSTRUCTION ADMINISTRATION SERVICES will be amended to provide supplemental
CA services which will include bi-weekly progress meeting for a total of 20 meetings and a total of 2
meetings with residents to coordinate construction in the outfall right-of-ways. The amended RPR
services will include supplemental hours for the full time Construction Inspector for a total of forty (40)
hours per week with responsibilities as outlined herein:
17.1 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 two (22) progress meetings.
17.2 Requests for Information/Construction Document Clarification (RFIs/CDCs): When RFIs
and CDCs involve design issue interpretations, the Consultant will coordinate with the FOR, 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/CDOs. Consultant will upload alt RFI
and CDC responses to the City's E43uliderTM document management system.
17,3 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 contactor's schedule
to confirm accuracy of the work activities completed. Analysis of the Contractor schedule will be
Page 1044 of 1320
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.
17.4 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 Construction Inspector for a total of forty (40) hours per week for a
project duration of ten and a half (10.5) months. These Consultant services are limited to not
more than ten and a half (10.5) months (318 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 with 2.5 hours a week
allotted to written reports and uploading said reports to the e- builder system. 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 -8.
The Consultants 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. Additionally 2.5
hours a week shall be allotted to produce written reports and uploading said reports to the
city's e- builder system.
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
Page 1045 of 1320
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:
• 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-
SuilderTM 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- BuilderTM document management system on a weekly
basis. Consultant shall also review invoices submitted by the independent testing
Page 1046 of 1320
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.
(1) 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 "Pro-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 problenis,
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 en immediate threat to public llealth or safety,
the Consultant will notify the Contractor and 1 3ity 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,
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.
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(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.
(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 oontrol 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 Contraotor 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,
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(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.
(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.
17.5 Meetings with Residents regarding construction in the outfall right -of -way: Requires that the
CONSULTANT attend and participate in up to (2) meetings with 2 adjacent property's homeowner's
representatives.
17.6 Reimbursable Expenses: To be approved by C,I.P. prior to use.
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SCHEUDLE 6.8
CONSULTANT COMPENSATION
Construction Administration and
Resident Project Representative Services** $200,491.47
Note*: These services will be paid lump -sum based on percentage ompkte of each phase as identified in the
individual tasks,
The Resident Project Representative services shall be invoiced monthly and dividing by ten (10) months, when
applicable. All hours will need to be verified by City Representative,
Reimbursable Expenses: $200.00
Note: ** The Reimbursable Allowance belongs to the City and must be approved In writing, in advance, by the
Project Coordinator, Unused portions will not be paid to the Consultant,
In the event that Supplernental Construction Administration or Resident Project Representative Services are
required to be extended additional fees will be negotiated prior to proceeding with additional services,A
Existing PO funds to be used:
3.11 Landscape construction adrnin fees (2010) $2,600,00
3,13 Landscape construction admin fees (2011) $603.00
5,4 Resident Project Representative (2011) $69,988,00
6,3 Re -Issue electrical plans $7,800,00
10.3 Prepare Engineers Opinion of Cost $2,332,59
15.1 Meetings for plan revisions/with residents $851,90
15,2 Meetings with CIP for plan revisions $940,45
Total 585,115.94
Total Funds Required by Comrnission Approval $115,575.53
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