Resolution 2018-30479 RESOLUTION NO. 2018-30479
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. 9, TO THE EXISTING PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH
AND SCHWEBKE-SHISKIN & ASSOCIATES, INC. FOR ADDITIONAL
RESIDENT PROJECT REPRESENTATIVE AND CONSTRUCTION
ADMINISTRATION SERVICES FOR ONE HUNDRED AND THIRTY
SEVEN (137) ADDITIONAL DAYS FOR THE VENETIAN ISLANDS
BID PACKAGE 13C RIGHT-OF-WAY NEIGHBORHOOD
IMPROVEMENT PROJECT; IN THE NEGOTIATED NOT-TO-EXCEED
AMOUNT OF $99,239.29; WITH PREVIOUSLY APPROPRIATED
FUNDING.
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 (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; and
WHEREAS, 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;
and
WHEREAS, on May 8, 2013, the City Commission adopted Resolution No. 2013-28202
approving Amendment No. 2 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 in the amount of $201,814 for the re-design and permitting
phase services associated with the enhanced stormwater system criteria as recommended by
the Mayor's Blue Ribbon Panel on Flooding and Sea Level Rise and the Flooding Mitigation
Committee, on February 12, 2014; and
WHEREAS, 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 and
City Engineer. SS&A had to modify the pump station design to include a 5 Year, 24 Hour, 7.5
inch type SCS-III storm event, utilizing a peaking factor of 150; 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 design modifications that
included conceptual design, meetings with City staff, electrical and structural revisions and
permit submittals and an additional twenty (20) months of construction administration and RPR
Services was added to the agreement; and
WHEREAS, 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
also include extended RPR and Construction Administration services for six (6) additional
months to correspond with the 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 RPR and Construction Administration
services for an additional period of one hundred and thirty seven (137) days, due to extended
construction duration, as a result of various underground utility conflicts with existing gas lines
and electrical raceways; and
WHEREAS, on December 27, 2017, Amendment No. 8 extended Resident Project
Representative and Construction Administration services for an additional period of ten (10)
months, in the amount of $115,576 ; and
WHEREAS, due to extended construction duration as a result of relocation of existing
FPL transformers and franchise utilities construction delays due to relocation of existing gas
lines, FPL electrical lines, and new FPL point of service for pump stations, the Administration
requires an extension of Schwebke-Shiskin & Associates, Inc.'s Professional Services
Agreement. Based on the revised schedule, it is necessary to extend Construction
Administration Services for an additional one hundred and thirty seven (137) days; and
WHEREAS, a proposal addressing the services required was submitted by SS&A; and
WHEREAS, the proposal was negotiated and the additional services will be added to the
Professional Services Agreement as Amendment No. 9 in the amount of $99,239.29 dollars;
and
WHEREAS, Amendment No. 9 will revise the total not-to-exceed contract sum to
$2,398,789.89; and
WHEREAS, the negotiated price submitted by Schwebke-Shiskin & Associates, Inc. for
the above services has been reviewed by City staff and found to be fair and reasonable and is
commensurate with industry standards.
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. 9, to
the existing Professional Services Agreement between the City of Miami Beach and Schwebke-
Shiskin & Associates, Inc. for additional resident project representative and construction
administration services for one hundred and thirty seven (137) additional days for the Venetian
Islands Bid Package 13c Right-of-Way Neighborhood Improvement Project; in the negotiated
not-to-exceed amount of$99,239.29; with previously appropriated funding..
PASSED and ADOPTED this )a day of Siei' I PiAit6P 2018.
ELBE. , MAYOR
•
ATTEST: / • !C APPROVED AS TO
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FORM 08t AE
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RAFAEL E. ANADO, CITY CLE _1h'CORP ORATED; 6 r1
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Resolutions- C7 AG
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 12, 2018
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. 9, TO THE EXISTING
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND SCHWEBKE-SHISKIN & ASSOCIATES, INC. FOR ADDITIONAL
RESIDENT PROJECT REPRESENTATIVE AND CONSTRUCTION
ADMINISTRATION SERVICES FOR ONE HUNDRED AND THIRTY SEVEN (137)
ADDITIONAL DAYS FOR THE VENETIAN ISLANDS BID PACKAGE 13C RIGHT-
OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT; IN THE NEGOTIATED
NOT-TO-EXCEED AMOUNT OF $99,239.29; WITH PREVIOUSLY APPROPRIATED
FUNDING.
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 approving Amendment No. 2 for
additional RPR services and Supplemental Construction Administration services in the amount of
$349,957.
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 as recommended by the Mayor's Blue Ribbon Panel on
Flooding and Sea Level Rise and the Flooding Mitigation Committee, on February 12, 2014. This
additional scope was due to changes by PWD recommendations to modify the tailwater elevation
design criteria from a peak tidal elevation of 2.1 ft-NAVD to 2.7 ft-NAVD based on upon peak
historical tidal values and published Army Corps Of Engineers (ACOE) data. SS&A scope was
Page 756 of 1802
increased to include the updating of all applicable plans and incorporate six (6) new pump stations
along with processing plans through agencies for approvals.
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 and City Engineer. SS&A had to
modify the pump station design to include a 5 Year, 24 Hour, 7.5 inch type SCS-III storm event,
utilizing a peaking factor of 150. This would allow a secondary pump for backup and for alternating
usage. These changes required modifications to the plans and stormnvater management calculations.
On April 15, 2015, the City Commission adopted Resolution No. 2015-28993 approving Amendment
No. 5 in the amount of $666,462 for design modifications that included conceptual design, meetings
with City staff, electrical and structural revisions and permit submittals. Additional twenty (20) months
of construction administration and RPR Services was added to the agreement. SS&A scope was
increased to make the modifications to the pump station control panels in order to minimize the impact
of the proposed structures and components. The fee also included the additional twenty (20) months
construction administration and RPR services.
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 also include extended RPR 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 RPR 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.
On December 27, 2017, Amendment No. 8 extended Resident Project Representative and
Construction Administration services for an additional period of ten (10) months, in the amount of
$115,576.
Due to extended construction duration as a result of relocation of existing FPL transformers and
franchise utilities construction delays due to relocation of existing gas lines, FPL electrical lines, and
new FPL point of service for pump stations, the administration has extended the contract. Based on
the revised schedule, it is necessary to extend Construction Administration Services for an additional
4.5 months.
A proposal addressing the services required was submitted by SS&A. The proposal was negotiated
and the additional services will be added to the Professional Services Agreement as Amendment No.
9 (Exhibit A) in the amount of$99,239.29 dollars.Amendment No. 9 will revise the total not-to-exceed
contract sum to$2,398,789.89.
The negotiated price submitted by Schwebke-Shiskin &Associates, Inc. for the above services has
been reviewed by City staff and found to be fair and reasonable.
CONCLUSION
The Administration recommends approval of this Resolution.
Amount 1 $99239.29 Account 1 2017 Water&Sewer Bonds-419-0820-
Page 757 of 1802
069357-00-418-530-00-00-00-21270
Legislative Tracking
Capital Improvement Projects
ATTACHMENTS:
Description
o Resolution.FA
❑ Attachment A-Amendment No. 9
Page 758 of 1802
AMENDMENT NO. 9
TO THE PROFESSIONAL ARCHITECTURAL
AND ENGINEERING (NE) SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
SCHWEBKE-SHISKIN &ASSOCIATES, INC.
FOR ADDITIONAL RESIDENT PROJECT REPRESENTATIVE AND CONSTRUCTION
ADMINISTRATION SERVICES FOR 137 ADDITIONAL DAYS, FOR THE VENETIAN ISLANDS BID
PACKAGE 13C RIGHT-OF-WAY NEIGHBORHOOD IMPROVEMENT PROJECT
This Amendment No. 9 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 September, 2018.
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 one hundred and thirty seven (137)
days, due to extended construction duration, as a result of various underground utility conflicts with
existing gas lines and electrical raceways; and a 761 of 1802
WHEREAS, on December 27, 2017, Amendment No. 8 extended Resident Project
Representative and Construction Administration services for an additional period of ten (10) months, in
the amount of$115,576; and
WHEREAS, this Amendment No. 9 will provide extended Resident Project Representative and
Construction Administration services for an additional period of one hundred and thirty seven (137)days
of extended construction duration as a result of relocation of existing FPL transformer and franchise
utilities construction delays due to relocation of existing gas lines, FPL electrical lines, and new FPL
point of service for pump stations, in the negotiated not-to-exceed amount of$99,239.29 dollars, and
WHEREAS, this Amendment No. 9 will revise the total contract sum to a not-to-exceed total of
$2,398,789.89 dollars.
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. MODIFICATIONS
The Agreement is amended to incorporate by reference the attached Schedule "A-9° (scope of
services) and Schedule"B-9° (Consultant Compensation), as if fully set forth herein.
a. In consideration for the additional work set forth in Schedule "A-9" (scope of services)
and Schedule "B-9" (Consultant Compensation), the City shall pay Consultant the total
not-to-exceed amount of$99,239.29, in accordance with the terms and conditions of the
Agreement.
b. The work associated with this Amendment No. 9 includes an extension for Resident
Project Representative and Construction Administration services for an additional period
of one hundred and thirty seven (137) days of extended construction duration.
c. The amount and time set forth herein are the maximum agreed to by both the City and
Consultant for all work associated with this Amendment No. 9. Consultant attests that
the Agreement adjustment provided herein is reasonable, and constitutes compensation
in full for all costs, claims, markup, and expenses, direct or indirect, attributable to this
Amendment, including but not limited to compensation in full for any delays, acceleration,
or loss of efficiency encountered by Consultant in the performance of the Work through
the date of this Amendment. In consideration of the compensation and time, if any, in
this Amendment No. 9, the Consultant hereby releases the City from all Claims,
demands, or causes of action arising out of the transactions, events and occurrences
giving rise to this Amendment No. 9. This written Amendment No. 9 is the entire
agreement between the City and Consultant with respect to this Amendment. No other
agreements or modifications shall apply to this contract amendment unless expressly
provided herein.
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.
9.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 9 to be
executed in their names by their duly autho izeedd oficipls.as of the date first set forth above.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
Rafael E. Granado, Dan Gelber
City Clerk Mayor
ATTEST: CONSULTANT:
SCHWEBKE-SHISKIN & ASSOCIATES, INC.
Secretary President
Print Name Print Name
Attachment: Schedule A-9, Schedule B-9
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney l Date
Page 763 of 1802
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Hernando J.Navas,P.E. Aiheno A Morn.P E.
Mare S Johnson. S.M.P3240 Corporate Way• Miramar, Florida 33025 John a repo P
Of Mooned Ronald
(954)435-7010•Fax: (954)438-3288 Glen Harrelson,P E.
Ronald A.Fritz.P_nd3
Allonso C cello,P E..P.S.M. Raymond F Mielee P S M
Anenst 20, 018 Michael J.Alley.P.5 M.
Mr. Tony Brown
City of Miami Beach
Capital Improvement Projects Office
1701 Meridian Avenue, Suite 300
Miami Beach, Florida 33139
Re: Venetian Island Neighborhood 13 BID Package "C"—Extend Resident Project
Representative and Construction Administration Services
Dear Tony,
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 November 30th,2018. Our previous contract with the City of Miami
Beach extended our Resident Project Representative services for an additional 10.5 months,or
an anticipated final completion date of July 15'h 2018. Our records indicate that the contractor's
final completion date is to exceed that date. As such, should the City require our Resident
Project Representative and Construction Administration services, our services will need to be
extended by approximately 4.5 months.
SCOPE OF SERVICES:
I. 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 ofJuly 16th 2018 to
November 30th• 2018 (4.5 months). Our scope will also include additional services noted
in the previous contract such as bi-weekly progress meetings/phone conferences, review
and approve shop drawings. respond to all requested changes in construction cost and/or
schedules,requests for additional information and contract document clarification.
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 Ninety Nine Thousand Thirty Nine Dollars and Twenty Nine
Cents ($99,039.29) with Two Hundred Dollars ($200.00) in anticipated reimbursable
expenses for a total of Ninety Nine Thousand Two Hundred Thirty Nine Dollars and
Twenty Nine Cents ($99,239.29), pp''
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Mr. Tony Brown
August 20,2018
Page 2 of 2
I would like to thank you for giving us the opportunity to offer you this proposal. If this proposal
is acceptable to you, please execute the original and return it to our office, so we can proceed
with the work.
Respectfully submitted,
Selo edle-S4.4,4,n &y4¢aeeteeted. Tue.
l uis eon,t
A sistant Vice resident
Accepted For: City of Miami Beach
Accepted By:
(Signature) (Title)
(Print Name) (Date)
..Jchwelle-. 'hctit e. JOedociateo, inc.
dmisrproposalseony brownWonv brown-venetian islands adirtia.Y67 seri go?omits ioteoszadoc
SCHEDULE A-9
SCOPE OF SERVICES
Task 18— Supplemental Resident Project Representative(RPR) and Construction Administration
(CA) Services for the Venetian Islands Bid Package 13C Right of Way Improvement Project:
TASK 18 - CONSTRUCTION ADMINISTRATION SERVICES will be amended to provide supplemental
CA services which will include a monthly progress meeting and a monthly phone conference for a total
of 9 meetings/phone conferences and a total of 1 meeting 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:
18.1 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
nine (5) progress meetings and 4 phone conferences.
18.2 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.
18.3 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 on the basis of planned
versus actual costs for the month and construction contract to date. Consultant shall verify that
Page 766 of 1802
the Contractor is uploading approved schedule and schedule updates to the City's E-Builder""
document management system.
18.4 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
four and a half (4.5) months. These Consultant services are limited to not more than four and
a half(4.5) months (98 working days or 138 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-9.
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. 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 orders, changed
conditions, list of job site visitors, daily drilling and testing activities, testing results, testing
Page 767 of 1802
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-BuilderTM' document
management system on a weekly basis.
(f) Workmanship: Review materials and workmanship of the Project and report to CITY any
deviations from the contract documents that may come to the CONSULTANT'S attention.
Determine the acceptability of the Work and materials and make recommendation to the CITY
to reject items not meeting the requirements of the contract documents.
(g) Delivery of Unaccepted Materials to Jobsite: As new materials are delivered to the jobsite,
the Consultant will check the material's certifications and samples and verify that an approved
shop drawing was submitted for the material in question. If it is determined that a submittal
has not been approved, the Consultant shall immediately notify the City and issue a Non-
Compliance Notice. The Consultant will direct and supervise the sampling and testing of
materials to be performed by the City's independent testing laboratory. The Consultant shall
maintain test report logs which shall be submitted to the City for review on a monthly basis
and uploaded to the City's E-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.
Page 768 of 1802
(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.
Page 769 of 1802
(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
Consultants 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 Contactors 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 tog 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 Consultants responsibility to verify compliance with the MOT in the field.
Page 770 of 1802
(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.
18.5 Meetings with Residents regarding construction in the outfall right-of-way: Requires that the
CONSULTANT attend and participate in up to (1) meetings with 2 adjacent property's homeowner's
representatives.
Page 771 of 1802
SCHEDULE
CONSULTANT COMPENSATION
Construction Administration and
Resident Project Representative Services* $99,039.29
Note*: These services will be paid lump sum based on percentage complete of each phase as identified in the
individual tasks.
The Resident Project Representative services shall be invoiced monthly and dividing by 4.5 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 Supplemental Construction Administration or Resident Project Representative Services are
required to be extended additional fees will be negotiated prior to proceeding with additional services.
Page 772 of 1802
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